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State of Punjab - Section

Section 41 in The Inter-State Migrant Workers (Regulation of Employment and Conditions of Service) (Punjab) Rules, 1983

41. Canteens.

- [Sections 16(c) and 35(2)(n)] - (1) In every establishment wherein work regarding the employment of migrant workmen is likely to continue for six months and wherein migrante workmen numbering one hundred or more are ordinarily employed, an adequate canteen shall be provided by the contractor for the use of such migrant workmen within sixty days of the date of coming into force of these rules in the case of the existing establishments and within sixty days of the commencement of the employment of migrant workmen in the case of new establishments.
(2)If the contractor fails to provide canteen within the specified time, the same shall be provided by the principal employer within sixty days of the expiry of the time allowed to the contractor.
(3)The canteen shall be maintained by the contractor, or principal employer, as the case may be, in an efficient manner.
(4)The canteen shall consist of at least a dining hall, kitchen, store room, pantry and washing places separately for migrant workmen and for utensils.
(5)
(i)The canteen shall be sufficiently lighted at all times when any person has access to it.
(ii)The floor shall be made of smooth and impervious material and inside walls shall be lime-washed or colour washed at least once in each year :
Provided that the inside walls of the kitchen shall be lime-washed every four months.
(6)
(i)The precincts of the canteen shall be maintained in a clean and sanitary condition.
(ii)Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance.
(iii)Suitable arrangements shall be made for the collection and disposal of garbage.
(7)The dining hall shall accommodate at a time at least 30 per cent of the migrant workmen working.
(8)The floor area of the dining hall excluding the area occupied by the service counter and any furniture except tables and chairs shall be not less than one square metre per diner to be accommodated as specified in sub-rule (7).
(9)
(i)A portion of the dining hall and service counter shall be partitioned off and reserved for women migrant workmen in proportion to their numbers.
(ii)Washing places for women shall be separate and screened to secure privacy.
(10)Sufficient tables, stools, chairs or benches shall be made available for the diners to be accommodated as specified in sub-rule (7).
(11)
(i)There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen.
(ii)The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition.
(12)
(i)Suitable clean clothes for the employees serving in the canteen shall be provided and maintained.
(ii)A service counter, if provided, shall have top of smooth and imprevious material.
(iii)Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment.
(13)The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the migrant workmen.
(14)The charges for meals, other foodstuffs, beverages and any other item served in the canteen shall be based on no-profit no-loss basis and shall be conspicuously displayed in the canteen.
(15)In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely :-
(a)the rent for the land and buildings;
(b)the depreciation and maintenance charges for the building and equipment provided for in the canteen;
(c)the cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils;
(d)the water charges and other charges incurred for lighting and ventilation;
(e)the interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen.
(16)The books of accounts and registers and other documents used in connection with the running of the canteen shall be produced on demand to an Inspector.
(17)The accounts pertaining to the canteen shall be audited one every twelve months by registered Accountants and Auditors :Provided that the Labour Commissioner may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered Accountant and Auditor in view of the site for the location of the canteen.