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State of Punjab - Act

Factories (Punjab) Exempting Rules, 2000

PUNJAB
India

Factories (Punjab) Exempting Rules, 2000

Rule FACTORIES-PUNJAB-EXEMPTING-RULES-2000 of 2000

Published on 3 January 2001
Commenced on 3 January 2001
[This is the version of this document from 3 January 2001.]
[Note: The original publication document is not available and this content could not be verified.]

Factories (Punjab) Exempting Rules, 2000Published vide Punjab Notification No. 21/35/99-2Lab-2/4461, dated 3.1.2001Department of Labour and Employment (Labour-II Branch)No. 21/35/99-2Lab-II/4461. - With reference to Government of Punjab, Department of Labour and Employment Notification No. 21/35/99-2 Lab- II/3656, dated 14th October, 1999 and In exercise of the powers conferred by Section 64 read with Section 112 of the Factories Act,1948 (Central Act No. 63 of 1948), and all other powers enabling him in this behalf, the Governor of Punjab Is pleased to mike the following rules, namely :-

1. Short title, extent and duration.

(1)These rules may be called the Factories Punjab Exempting Rules, 2000.

(2)They shall extend to the whole of the State of Punjab.

(3)They shall come Into force on and with effect from the date of their publication in the Official Gazette and shall remain in force for a period of five years from the date of their enforcement.

2. Definitions.

- In these rules, unless the context. otherwise requires,

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

(b)"Chief Inspector" means the Chief Inspector appointed under sub-section (2) of Sections;

(c)"Manager" means the person responsible to the occupier for the working of the factory for the purpose of the Act;

(d)"Section" means a Section of the Act;

(e)"Head of the Department" means an officer holding independent charge of any department In any factory; and

(f)"Inspector" means the Inspector appointed under sub-section (1) of Section 8.

3. Persons holding position of supervision or management or confidential position etc. [Section 64].

- The following persons in factories shall be deemed to hold position of supervision or management and to be employed In confidential position :-

(i)Managing Director, President, Chief Executive or Senior-Vice President, Vice-President or General Manager;

(ii)Deputy General Manager or Manager or Factory Manager;

(iii)Deputy Manager or Deputy Factory Manager, Assistant Manager or Assistant Factory Manager;

(iv)Chief Welfare Officer or Welfare Officer or Labour Welfare Officer;

(v)Heads of Departments;

(vi)Superintendent Engineer;

(vii)Executive Engineer or Assistant Engineer;

(viii)Secretary or Personal Assistant to the persons, listed above at serial numbers (i) to (vii)

(ix)Sub-Station Engineer;

(x)Junior Engineer, Head Electrician, Sub-Station Operator or Sub-Station Assistant;

(xi)Supervisor or Foreman;

(xiii)Head Store Keeper or Store Keeper;

(xiii)Head Time Keeper or Time Keeper;

(xiv)Store Purchase Officer; and

(xv)any other person employed as such and so declare - by the Chief Inspector in writing.

4. List to be maintained of persons holding confidential position or Position of supervision or management. [Section 64].

- A list showing the names and designations of all persons referred to in rule 3 shall be, maintained in every factory.

5. Exemption of certain adult workers. [Section 64].

(1)Adult workers engaged In factories, specified In column 2 of the Schedule given below on the work specified In column 3, are exempted from the provision of the sections specified In column 4 subject to the conditions, If any specified in column thereof. (2) Except In the case of urgent repairs covered by item 1 of the sold Schedule In which case conditions (a), (c) and (e) shall not apply, the exemption shall be subject to the following conditions, namely :-

(a)in case of exemption from section 51 and 54, no worker shall work for more than ton hours in a day or sixty hours in a week;

(b)in the ease of exemption from section 55, sufficient time though not fixed, shall be given for meals to the satisfaction of the Inspector concerned;

(c)the total number of hours of overd me worked shall not exceed fifty hours for any one quarter;

(d)the payment of wages for overtime work done shall be paid as required by section 59 and

(e)the spread over inclusive of Intervals for rest shall not exceed twelve hours in any one day.

Schedule

(See rule 5)

Section empowering the grant of exemption	Class of factories	Nature of work	Extent of exemption	Conditions
1	2	3	4	5
64(2)(a) and 64(3)	All factories	Urgent repairs -The following shall beconsidered to be urgent repairs, namely :-	Sections51, 52,54, 55,56 and 61	(i) No worker shall be employed for more thanfifteen hours on any one day or thirty-nine hours during anythree consecutive days or seventy hours during each period ofseven consecutive days commencing from his first employment onsuch repairs;
		(a) repairs to any part of the machinery plantor structure of a factory which are of such a nature that delayin their exectution would involve danger to human life or safetyor the stoppage of manufacturing process;
64(2)(b) and 64(3)	(1) All factoiies	(i) Work in the machine, smithy or foundaryshops in connection with the mill gearing, electric driving orlighting apparatus, mechanical or electrical lifts or steam orwater pipes or pumps;	Sections51, 54,55, 56and 61	The exemption shall be granted only in respectof a limited number of persons to be given by the ChiefInspector or application by the Manager through the Inspectorconcerned.
		(ii) Work of examination or repairing anymachinery or part of the plant which is necessary for carryingon the work in the factory; and	Sections51, 54,55, 56and 61	The exemption shall be granted only in respectof a limited number of persons to be given by the ChiefInspector on application by the Manager through the Inspectorconcerned.
		(iii) Work in engine room, boiler houses andfurnances in rolling mills such as lighting fires, in order togenerate steam or gas preparatory to the commencement of regularwork in the factory	Sections51, 54,55, 56and 61	The exemption shall be granted only in respectof a limited number of persons to be given by the ChiefInspector on application by the Manager through the Inspectorconcerned.
	(2) Iron, Steel, Brass or Copper Rolling Millss	Work in connection with roll changing	Sections54, 55,56 and 61	The exemption shall be granted only in respectof a limited number of persons to be given by the ChiefInspector on application by the Manager through the Inspectorconcerned.
		(b) break-down, repairs to motive, powertransmission or other essential plant of the factories,collieries, railways, tramways, motor transport, gas,electrical generation and transmission, pumping or a similaressential or public utility services carried out in generalengineering works and foundries and which are necessary toenable such units to maintain their main manufacturing processesproduction or services during normal working hours; and		(ii) within twenty-four hours of thecommencement of the work, notice shall be sent to the Inspectordescribing the nature of the urgent repair stating the names ofpersons employed and the exact time of commencement of work andthe probable period for its completion. A copy of the abovenotice shall be displayed at a conspicuous place in the factorybefore the workers be are engaged on urgent repairs.
		(c) repairs in connection with a change ofmotive power for example, from steam to electricity or viceversa, when such work cannot possibly be done without stoppageof the normal manufacturing process; and		(iii) Exemption from the provisions of section54 shall apply only in the case of male adult workers;(iv)No worker shall be employed for more than 14 consecutive dayswithout a rest of 24 hours.
		Explanations :
		(d) "Periodical cleaning"is notincluded in the terms examining"or "repairing".
64(2)(c) and 64(3)	All factories	(i) Work performed by workers on lighting,ventilating and humidifying apparatus;	Sections51, 54,55, 56and 61	A notice describing the system of work changeof shifts and grant of weekly holidays, shall be sent to theInspector and the Chief Inspector in advance and no change shallbe made without prior intimation to the Inspector and the ChiefInspector and further subject to the provisions of Sections 61and 63;
		(ii) Work performed by fire pump men; and
		(iii) Workers engaged in loading or unloadingor transporting raw materials or finished articles in factorieswhere such work is intermittent		A notice describing the system of work, changeof shifts and grant of weekly holidays, shall be sent to theInspector and Chief Inspector in advance and no change shall bemade without prior intimation to the Inspector and the ChiefInspector and further subject tot he provisions of sections 61and 63,
64(2)(d) and 64(3)	(1) All factories	Work relating to continuous process declared assuch by Chief Inspector	Sections51, 52,54, 55,56 and 61	In the absence of a worker who has failed toattend to his duty, a shift worker be allowed or work the wholeor part of a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) whithin twenty-favour hours ofcommencement of the subsequent shift, a notice shall be sent tothe Inspector describing the circumstances under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(2) Oil tank installations	Work connected with pumping operations	Sections51, 52,55, 56and 61	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-favour hours of thecommencement of the subseqeunt shift, a notice shall be sent tothe Inspector describing the circumstances under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(3) Hydro or Thermal Power generating or transformingstations	Continuous work for generating or transfor-electricity ming	Sections51, 52,54, 55,56 and 61	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector describing the circumstnaces under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(4) Sugar factories	(i) Work relating to the extractions of juicefrom the cane, clarification, evaporation or boilding ofjuice;	Sections51, 52,54, 55,56 and 61	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift;
		(ii) Curing of massecuite; and		Provided that -
		(iii) Bagging		(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within Twenty four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector describing the circumstances under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shal be restricted to themale adult workers only.
	(5) Distilleries	Work relating to fermentation and distillation	Sections51, 52,54, 55,56 and 61	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector describing the circumstnaces under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(6) Chemical factories	(i) Work connected with burning of sulphur,ammoniation, chlorination, carbonation, preparation, andpurification of gases; and	Sections52, 54and 55	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent work.Provided that -
		(ii) work on reactors		(i) the next shift of the workers shall notcommence before a period of sixteen hours has elapsed;
				(ii) within Twenty-four hours of thecommencement of the subsequent shift, a notice, shall be sentto the Inspector describing the circumstances under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(7) Hydrogeneration of oil factories	Work of refining bleaching filtering,deodourising generation of Hydrogen, compression of gases andfilling of cylinders	Sections52, 54and 55	In the absence of a worker who has failed toatend to his duty, a shift worker shall be allowed to work thewole or part of a subsequent shift/;
				Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector, describing the circumstnaces under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(8) Paper factories	Work on choppers, kneaders digestors,strainers, washers beaters, paper making machines, pumpingplant, reelers and cutters	Sections52, 54and 55	In the absence a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift;
				Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice, shall be sentto the Inspector, describing the circumstnaces under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult worker only.
	(9) Rubber tyres factories	Work on curing	Sections51, 54,55 and 56	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift;
				Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice, shall be sentto the Inspector, describing the circumstnaces under which theworker is required to worker in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(10) Municipal, Public and Railway Water andSewarage Pumping Stations	All workers engaged in continuous process work	Sections52 and 55	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector, describing the circumstances under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(11) Tanneries	Work of Soaking, liming washing, bathing,tanning and drying of hide a kips and skins	Sections52 and 55	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift;
				Provided that ,-
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector, describing the circumstnaces under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shal be restricted to themale adult worker only.
	(12) Bricks	Work in kiln burners	Sections52 and 56	In the absence of a worker who has failed toattend to his duty, a shift worker shall be be allowed to workthe whole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector, describing the circumstnaces under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(13) Roller Flour Mills	All work	Sections52 and 56	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall notcommence before a period of sixteen fours hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sentto the Inspector, describing the circumstnaces under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(14) Soap	Working on soap boilling and soap drying pans	Sections52 and 55	In the absence of a worker who has fialed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elpased;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector, describing the circumstnaces, under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale aedult wokers only.
	(15) Textile Dyeing Factories	Work connected with dyeing, bleaching,finishing and printing	Sections51, 52,54, 55and 56	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice, shall be sentto the Inspector, describing the circumstnaces under which theworker is resured to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(16) Rayon Soilk	All work connected with manufacture of aceroneand cellulose/acetate producer, gas, aceticacid, aldehidecellulose dope	Sections51, 52,54, 55and 56	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of commencementof the subsequent shift, a notice shall be sent to theInspector, describing the circumstnaces under which the workeris required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(17) Glass Factories	Moulding and blowing	Sections52 and 55	In the absence of a worker who has failed toattend to his duty a shift worker shall be allowed to work thewhole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall notcommence before a period of sixteen hours elapsed;
				(ii) within twenty-four hours of thecommencement of the subseqeunt shift, a notice shall be sentto the Inspector describing the circumstances under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
	(18) Enamelling Work	Work in furnance enamelling	Sections52 and 55	In the absence of a worker who has failed toattend to his duty, a shift worker shall be allowed to work thewhole or part of a subseqeunt shift :
				Provided that,-
				(i) the next shift of the worker shall notcommence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of thecommencement of the subsequent shift, a notice shall be sent tothe Inspector, describing the circumstances under which theworker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to themale adult workers only.
64(2)(d) and 649()	(19) Fruit, Vegetables and Canning Factories	All work enaged in continuous process work	Sections51, 52,54, 55,56 and 61	Exemption from the provisions of section 61 ofthe Act will apply in so for as it relates to the specificationsof the periods of rest intervals in the notice of work.
64(2)(f) and 64(3)	(20) Rice Mills	Work of persons engaged in boilding, drying,lifting and storing of paddy in rice mills	Section55	Exemption from the provisions of section 61 ofthe Act, will apply in so far as it relates to thespecifications of the period sof rest intervals in the notice ofwork.
64(2)(1) and 64(3)	(21) News Papers Printing Press	Break down of machinery	Sections51, 54,56 and 61	(1)(i) The spread over shall not exceed tweleve hours on anyday;
				(ii) Notice shall be given to the Inspectorconcerned within twenty-four hours of the occurrence wheneverthis exemption is availed of in any emergency; and
				(iii) Exemption from the provisions of section61 of the Act will apply in so far as it relates to thespecifications of the periods of rest intervals in the notice ofwork periods.
				(2) Ever such workerl shall be allowed adequatetime to take light refreshments or meals at the place of hisemployment in the room or place specially provided for thepurpose and arranged in such a manner that it may not causeinconvenience to the worker and at the same time may not requirestopping of any plant, machine or process or the m normalfunctioning of the factory.
				(3) A notice describing the system of work,change of shifts and grant of weekly holidays shall be sent tothe Inspector and the Chief Inspector in advance and no changeshall be made therein without the prior intimation to theInspector and the Chief Inspector and subject further to theprovisions of sections 61 and 63.
64(2)(i) and 64(3)	(22) All factories	Loading and un-loading of railway vagons,lorries and trucks	Sections51, 52,54, 55and 61	(1) (i) The spread over shall not exceed twelvehours on any day;
				(ii) Notice shall be given to the Inspectorconcenred within twentyfour hours of the occurrence wheneverthis exemption is availed of in any emergecy; and
				(iii) Exemption from the provisions of section61 will apply in so far as it relates to the specifications ofthe periods of rest intervals in the notice of work periods.
				(2) Every such worker shall be allowed adequatetime to take light refreshment or meals at the place of hisemployment in a room or place specially provided for the purposeand arrnaged in such a manner that it may not causeinconvenience to the work and at the same time may not requirestopping of any plant, machine or process or the normalfunctioning of the factory.
				(3) Every worker shall be allowed at least oneweekly holiday in every week on the average and whenever in anyweek the permitted hours of work daily or weekily exceed,extra wages for overtime on any particular day on in anyparticular week shall be paid in accordance with the provisionsof Section 59.
64(2)(k) and 64(3)	(23) All factories	Any work which notified by the State Governmentin Official Gazette as a work of national importance	Sections51, 52,54, 56and 61	(i) The spread over shall not exceed, twelverhours on any day;
				(ii) Notice shall be given to the Inspectorsconcerned within twenty four hours of the occurrence when everthis exemption is availed of in any emergency; and
				(iii) Exemption from the provisions of section61 will apply in so far as it relates to the specifications ofthe periods or rest intervals in the notice of work periods.
				(2) Every such worker shall be allowed adequatetime to take light refreshments or meals at the place of hisemployment in a room or a place specially provided for thepurpose and arranged in such a manner that it may not cause inconvenience to the work at the same time may not requirestopping of any plant, machine or process or normal functioningof the factory.
				(3) Every worker shall be allowed at least oneweekly holidays in every week on the average and whenever in anyweek the permitted hours of work, daily or weekly exceed,extra wages for overtime on any particular day or in anyparticular weeks, shall be paid in accordance with theprovisions of Section 59.

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