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State of Odisha - Act

The Orissa Factories (Exemption) Rules, 1996

ODISHA
India

The Orissa Factories (Exemption) Rules, 1996

Rule THE-ORISSA-FACTORIES-EXEMPTION-RULES-1996 of 1996

  • Published on 16 August 1996
  • Commenced on 16 August 1996
  • [This is the version of this document from 16 August 1996.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Orissa Factories (Exemption) Rules, 1996Published vide Notification No. S.R.O. No. 483/86, Orissa Gazette Extraordinary No. 33, dated 16.8.1996S.R.O. No. 483/86. - Whereas the draft of the Orissa Factories (Exemption) Rules, 1995 was published as required by Sub-section (1) of Section 115 of the Factories Act, 1948 (63 of 1948),in the Orissa Gazette, dated the 31st March 1995 under the notification of the Government of Orissa in the Labour & Employment Department No.22276-LL-IV-36/94, dated the 14th February 1995, as S.R.O. No. 203/95 inviting objections and suggestions from all persons likely to be effected thereby till the expiry of a period of forty-five days from the date of publication of the said notification in the Orissa Gazette;And whereas no objection or suggestion has been received during the stipulated period in respect of the draft;Now, therefore, in exercise of the powers conferred by Section 64 read with Section 112 of the said Act, State Government do hereby makes the following rules, namely:

1.

(i)These rules may be called the Orissa Factories (Exemption) Rules, 1996.
(ii)They shall come into force on the date of their publication in the Orissa Gazette.

2.

(1)In these rules, unless the context otherwise requires :
(a)"Act" means the Factories Act, 1948;
(b)"Section" means a section of the Act;
(2)All other words and expressions used but not defined in these rules shall have the same meaning as respectively assigned to them in the Act.

3.

(1)The following persons employed in a factory shall be deemed to be the persons holding positions of supervision or management for the purposes of Sub-section (1) of Section 64, namely ;
(a)Manager; and
(b)Any other person who, in the opinion of the Chief Inspector, holds a position of supervision or management.
(2)All persons who, in the opinion of the Chief Inspector holds a confidential position, shall be deemed to have been employed in a confidential position in the factory.
(3)A list showing the names and designation of all persons defined under Sub-rule (1) shall be maintained and shall be made available in every factory for examination by the Inspector.
(4)Adult workers engaged in factories specified under column (3) of the schedule given belows, on the work specified under column (4) of the said schedule shall, subject to the conditions, if any, specified under column (6) be exempted from the provisions of the sections specified under column (5) of the said schedule :Provided that on Female Adult Worker shall be Required or Allowed to Work for More than Nine Hours in any Day.

Schedule

Sl. No. Section of the act empowering grant of exemption Class of factory   Nature of exempted work   Extent of exemption   Conditions
1 2 3   4   5   6
1. 64 (2)(a) and 64(3) All Factories   Urgent repairs   Sections 51, 52, 54, 55, 56 and 61   (a) Written notice to the Inspector ofFactories describing briefly the nature of urgent repairs andthe probable period of their duration shall be sent withintwenty-four hours from the commencement of the work on urgentrepair.
                (b) If the Inspector is of opinion that anywork being carried on in a factory as urgent repairs is noturgent repairs the Inspector shall serve on the Manager an orderto that effect and the Manager shall in respect of such work notallow any worker to work in contravention of the provisions ofSections 51, 52, 54, 55 and 56 and shall comply with Section 61.
                (c) No worker shall be employed on such workfor more than-
                (i) ten consecutive days without a holiday fora whole day,
                (ii) fifteen hours on any one day;
                (iii) thirty-nine hours during any threeconsecutive days; or
                (iv) sixty-six hours during each period ofseven consecutive days; and
                (d) a statement showing the total number ofhours worked each day in the week by each worker shall be sentto the Inspector within thirty-six hours after the completion ofthe work.
2. 64(2)(b) and 64 (3) All factories other than those on continuous process   1. Work in the machine shop, the smithy or thefoundry or in connection with the mill gearing, the electricdriving or lighting apparatus, the mechanical or electricallights or the steam or water pipe or pumps of a factory.   Sections 51, 54, 55, 56 and 61   The limits of work inclusive of overtime shallnot exceed those mentioned in Sub-section (4) of Section 64.
        2. Work-of examining or repairing any machineryor other part of the plant which is necessary for carrying onthe work in factory.        
        3. Work in boiler houses and engine rooms, suchas lighting fires in order to raise steam or generate gaspreparatory to the commencement of regular work in the factory.        
3. 62(2)(c) and 64 (3) All factories   Work performed by drivers, on lighting,ventilating and humidifying apparatus. Work performed by firepump-men.   Sections 51, 54, 55, 56, 56 and 61   The limits of work inclusive of overtime shallnot exceed those mentioned in Sub-section (4) of Section 64.
4. 64 (2)(d) and 64 (3) Oil tank installation   Work performed by workers in connection withpumping operations   Section 51, 52, 54, 55, 56 and 61   Ditto
5. 64(2)(b) Ditto   Work performed by furnacement and firemen   Sections 51, 54, 55 and 56   Ditto
6. 64 (2)(d) Public electricity supply factories generatingelectricity in any manner and those engine rooms and boilerdepartments generating electricity in any manner for their ownuse employing workers on shift   Operation maintenance of(i) Prime moversand auxiliaries, generators, transformers and switch gears;(ii)Boilers and auxiliaries.   Sections 51, 52, 54, 55 and 56   (a) The workers shall be allowed to work onshifts of not longer than eight hours durations
            (b) No such worker shall be employed more thanfourteen consecutive days without a compensatory rest period ofat least twenty hours at one time.
              (c) No such worker shall be employed so as towork in excess of any of the limits specified in Sub-section (4)of Section 61 :
                Provided that in the absence of a worker whohas failed to report for duty, a shift worker may be allowed towork to whole or part of a subsequent shift on condition that -
                (i) the next shift of the shift worker shallnot commence before a period of 15 hours has elapsed after thespecified stopping time of the shift to which the workerbelongs;
                (ii) the circumstances under which the workeris required to work in the subsequent shift shall be notedimmediately in the remarks column of the register of adultworkers.
                (d) No worker shall be allowed to work morethan 56 hours in any one week except when employed as in provisoto Clause (c) above, but he shall not be allowed to work formore than 64 hours in any one week.
7. 64(2)(d) Electrical receiving stations and substationsor in any factory the department of the factory receiving anddistributing electrical energy for the use of the factory   Operation and maintenance of transformer andtheir auxiliaries including receiving and distribution,switch-gear, lighting arresters, synchronous and othercondensers and rotary and static condensers.   Sections 51, 52, 55 and 56   Ditto
8. 64(2)(d) Distilleries   Work on the extraction for sugar from variousbases, fermentation of sugar juice and distillation of fermentedwash   Ditto   Ditto
9. 64(2)(d) Sugar Factories   Operation beginning with receiving andweighment of cane and ending with bagging of sugar where thereis vaccum pan system   Ditto   Ditto
10. 64(2)(d) Iron and Steel Factories   Operation of blast furnaces, steel meltingfurnaces Linz and Donawitz Converters, rolling mills and suchother work which must proceed concurrently with such operationsand must be for technical reason carried on continuouslythroughout the day.   Ditto   Ditto
11. 64(2)(d) Coke-oven Plants   Operation of cock-ovens   Ditto   Ditto
12. 64(2)(d) By product Plants   Recovery and treatment of by-products   Ditto   Ditto
13. 64 (2)(d) Paper Factories   Work performed by male adult workers on bamboopreparing plant, digester, strainers and washers, beaters, papermaking machines, super calendar, acid plant, soda recoveryplant, pumping plant, electrolysis plant and bleaching plant,work of lime reburning, gas producer plant, fibre recovery andwater clarifier   Sections 51, 52, 55 and 56   No worker shall be allowed to work more than 56hours in any one week except when employed as in proviso toClause (c) above, but he shall not be allowed to work for morethan 64 hours in any one week
14. 64 (2)(d) Cement Factories   All works on continuous process units   Ditto   Ditto
15. 64(2)(d) Aluminium Factories   All works on continuous process units   Ditto   Ditto
16. 64(2)(d) Refractories and Potteries   Workers or polishers in all potteries, mixing,moulding, drying, setting and operations of kinds including gasproducer   Ditto   Ditto
17. 64(2)(d) Chemical Factories   All works on continuous process   Ditto   Ditto
18. 64(2)(d) Vegetable oil hydrogeneration factories   The work viz., refining, bleaching, filteringgeneration of hydrogen, hydrogenerating deodourising processesalso compression of oxygen and the cylinder filling   Ditto   Ditto
19. 64(2)(d) Ice Factories   Work on the manufacturing/handling of ice   Ditto   Ditto
20. 64(2)(d) Glass Factories   Work of charging and attending to the post ortanks, attending sheet glass, making machines and fullyautomatic other glass making machines and firing the furnace   Ditto   No worker shall be allowed to work more thanfifty-six hours in any one week except when employed as inproviso to Clause (c) above, but he shall not be allowed to workfor more than 64 hours in any one week.
21. 64(2)(d) Oxygen Factories   Engine and plant drivers, oilers and filling ofcylinders   Sections 51, 52, 54, 55 and 56   Ditto
22. 64(2)(d) Acetyline Factories   Generation of gas filling of cylinders   Ditto   Ditto
23. 64(2)(d) Water works and pumping stations   All works   Sections 51, 52, 54, 55 and 56   Ditto
24. 64(2)(d) Ferro-alloys Factories   Operation on electric furnaces   Ditto   Ditto
25. 64(2)(d) Oil Mills   All works on continuous process   Section 55   The workers shall be allowed to work on shiftsof not longer than 8 hours' durations.
26. 64(2)(d) Flour Mills   All works   Ditto   Ditto
27. 64(2)(d) Rubber Type Factories   All works on curing process   Sections 55 and 56   The limits of work inclusive of overtime shallnot exceed those mentioned in Sub-section (4) of Section 64.
28. 64(2)(i) and 64(3) Newspaper Printing Factories   Workers engaged in printing of newspapers whoare held up on account of breakdown of machinery   Sections 51, 54, 56 and 61   Ditto
29. 64(2)(i) and 64(3) All Factories   Loading and unloading of Railway Wagons,trucks, or lorries   Sections 51, 52, 54, 55, 56 and 61   The limits of work inclusive of overtime shallnot exceed those mentioned in Sub-section (4) of Section 64.
30. 64(2)(b) and 64(3) Ordinance Factories and the work connected withtesting of its products   The work viz., firing gun recovery of firedshells and demolition of blind   Sections 51, 52, 55, 56 and 61   Ditto
31. 64(2)(h) All factories other than those on continuousprocess   Workers engaged in engine rooms and boilerhouses, workers attending to power plant machinery andtransmission machinery   Section 51 and 52   No worker shall be employed on such work formore than ten consecutive days without a holiday for a whole day
32. 64 (2)(k) Printing Presses   Printing of Ballot Papers for Parliament andAssembly Elections   Section 51, 52, 54, 55 and 56   The limits of work inclusive of overtime shallnot exceed those mentioned in Sub-section (4) of Section 64.
Explanation - "Urgent repairs" means -
(a)break down repairs to the motive powers or plant and machinery of a factory which if not, carried out expeditiously would involve danger to human life or safety or delay in resumption of the main manufacturing process;
(b)break down repairs carried out in general engineering works of foundaries to the motive power or plant of other factories, colleries railways, deek yards, harbours, tramways, meter transport, gas works, electrical generating and pumping stations which necessary to enable such concerns to maintain their services or resume their main manufacturing process with little delay as possible;
(c)break down repairs to ships and air crafts which are essential to enable them to leave part at proper time or continue their normal operation in a sound condition; and
(d)repairs in connection with a change of motive power for example from steam or vice versa when such repairs can not be done without stoppage of the main manufacturing process.
Note - Periodical cleaning is not included within the meaning of the terms "examination or repairing".