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State of Maharashtra - Section

Section 125 in Maharashtra Factories Rules, 1963

125. Information regarding closure of factories.

(1)The occupier and the manager shall be jointly or severally responsible for sending information in duplicate to the Inspector, of any intended closure of the factory or any shift, section or department thereof, immediately after it is decided to do so, and before the closure takes place, stating-
(a)the date of intended closure;
(b)the reasons for closure;
(c)the number of workers on the muster-roll of the factory on the day the information is sent;
(d)the number of workers likely to be affected by the closure;
(e)the probable period of closure:
Provided that in the case of any factory in respect of which Standing Orders settled or certified under the Bombay Industrial Relations Act, 1946, or any law corresponding to that Act in force in any part of the State or the Industrial Employment (Standing Orders) Act, 1946, as the case may be, provided for the display on the notice-boards of the factory or notice of the proposed closure of the factory or any shift, section, or department thereof, such information to the Inspector shall be given on the date on which such notice is displayed:Provided further that it shall not be necessary for the occupier or manager to send information of intended closure if the closure is rendered inevitable on account of fire, break-down of machinery, stoppage of power or water supply or any other cause beyond his control.
(2)The occupier and the Manager shall be jointly or severally responsible for sending also information in duplicate to the Inspector as soon as the factory or any shift, section or department thereof, is actually closed in the following form, namely:
Name of factory and full address Name of industry Date of closure Reasons for closure Nature of closure whether entire or partial;if partial, the shift, section or department closed Number of workers on the muster roll offactory at the time of closure Number of workers affected by the closure
1 2 3 4 5 6 7
Class of Industry whether (1) Cotton Textile, or (2) Silk Textile, or (3) Woollen Textile, or (4) Hosiery, or (5) Engineering, or (6) Miscellaneous, should be stated.
(3)The occupier and the manager shall be jointly or severally responsible for sending also information in duplicate to the Inspector as soon as the factory or any shift, section or department thereof is re-opened in the following form, namely :-
Name of factory and full address Name of industry Date of closure Number of workers affected at the time ofclosure Factory or any shift, section or departmentthereof reopened Number of workers on muster-roll at the timeof reopening Number of workers (i) re-employed (ii) newlyemployed
1 2 3 4 5 6 7
Class of Industry, whether (1) Cotton Textile, or (2) Silk Textile, or (3) Woollen Textile, or (4) Hosiery, or (5) Engineering, or (6) Miscellaneous, should be stated.Explanation 1. - For the purposes of this rule, "closure" means the closing of a factory, or any shift, section or department thereof or the total or partial suspension of work (other than work of a temporary nature) by the occupier or manager of the factory, or total or partial refusal by the occupier or manager of the factory to continue to employ persons employed by him where such refusal does not amount to the discharge, dismissal or suspension of a worker or workers by way of punishment.Explanation 2. - This rule shall not apply in the case of a closure of any section or department of a factory if such closure does not affect the total number of workers employed in the factory.[125-A. Power of exemption. [Inserted by G.N., dated 30.9.1965.]- The State Government may, by notification in the Official Gazette, exempt subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, training or reformation, from all or any of the provisions of these rules].