Assam Factories Rules, 1950
No: -- Dated: Oct, 07 1950
The Assam Factories Rules, 1950
1. Short title, extent and commencement. - (1) These rules may be cited as the Assam Factories Rules, 1950.
(2) These rules shall come into force at once except the Rules 29 to 33,53 62. 64 to 75 and 94 which shall come into force on such dates as are specified therein.
2. Definitions. - In these rules unless there is anything repugnant in the subject or context-
(a) "Act" means the Factories Act, 1948.
(b) "Appendix" means an appendix appended to these Rules.
(c) "Artificial humidification" means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process:
Provided that the introduction of air directly from outside through moistened mats or screens placed in opening at times when the temperature of the room is 80 degrees fahrenheit or more, shall not be deemed to be artificial humidification.
(d) "Belt" includes any driving strap or rope.
(e) "Degrees" (of temperature) means degrees on the fahrenheit scale.
(f) "District Magistrate" includes such other official as may be appointed by the State Government in that behalf.
(g) "Fume" includes gas or vapour.
(h) "Health Officer" means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the State Government in that behalf.
(i) "Hygrometer" means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards construction and maintenance.
(j) "Inspector" means an officer appointed under Section 8 of the Act and includes "Chief Inspector".
(k) "Maintained" means maintained in an efficient state, in efficient working order and in good repair.
(l) "Manager" means the person responsible to the occupier for the working of the factory for the purposes of the Act.
3. Submission of plan. - The State Government or the Chief Inspector of Factories may require for the purposes of the Act, submission of plans of any factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since than. Such plans shall be drawn to the scale showing-
(a) the site of the factory and immediate surrounding including adjacent buildings and other structures, roads, drains, etc.;
(b) the plan, elevation and necessary cross section of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire and the position of plant and machinery, aisles and passage ways ; and
(c) such other particulars as the State Government or the Chief Inspector of Factories, as the case may be, may require.
3A. Approval of plans. - (1) No site shall be used for the location of a factory or no building in a factory be construed a factory unless previous permission in writing is obtained from the State Government or the Chief Inspector of Factories. The previous permission of the Chief Inspector of factories shall also be obtained for the installation of additional machinery or for the installation of prime movers exceeding the horsepower already installed in the factory.
Application for such permission shall be made in Form 1 which shall be accompanied by the following documents :
(a) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages ;
(b) Plans in duplicate drawn to scale showing-
(i) the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.; and
(ii) the plan, elevation and necessary cross-section to the various buildings, indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position the plant and machinery, aisles and passage ways :
Provided that for a site for construction of a factory or construction of a new factory within a Municipality or other than a municipality of a notified area, the applicant shall, while submitting the application to the Chief Inspector of Factories, Assam, simultaneously apply, with intimation to the Chief Inspector of Factories, to the Chairman, Municipal Board/Town Committee or President Gaon Panchayat for approval. If the above authorities neglect or omit for two months after the receipt of such an application to sanction or refuse permission they shall be deemed to have sanctioned the proposed site for construction of a factory or construction of a factory absolutely and the Chief Inspector of Factories, Assam may proceed with the consideration of the application forthwith.
(2) If the Chief Inspector is satisfied that plans are in consonance with the requirements of the Act, he shall, subject to such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plan, or he may call for such other particulars as he may require to enable him to give such approval.
(3) No deviation of any kind from approved Plans shall be made without the written permission of the Chief Inspector.
4. Application for registration and grant or renewal of licence and notice of occupation. - The occupier of every factory, whether in existence at the date of the commencement of the Act or coming for the first time within the scope of the Act, shall submit to the Chief Inspector an application in Form 2 in triplicate prescribed under Sections 6 and 7 ; provided that the occupier of premises in use as a factory on date of commencement of these Rules shall submit such application within 30 days from the date of commencement of the Rules.
5. Grant of licence. - (1) A licence for a factory shall be granted by the Chief Inspector in Form No. 4 prescribed for the purpose and on payment of the fees specified in the Schedule hereto.
(2) Every licence granted or renewed under his Chapter shall remain in force up to the 31st of December of the year for which the licence is granted or renewed.
6. Amendment of licence. - (1) A licensee of a factory shall get his licence amended in case the factory exceeded the limits specified in regard to horse power or the number of men employed.
(2) A licence granted under Rule 5 may be amended by Chief Inspector.
(3) A licensee who desires to have his licence amended shall submit it to the Chief Inspector with an application stating the nature of the amendment and reasons therefor.
(4) The fee for the amendment of a licence shall be five rupees plus the amount (if any) by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.
7. Renewal of licence. - (1) A licence may be renewed by the Chief Inspector.
(2) The occupier of every factory shall apply to the Chief Inspector for renewal of his licence not less than 30 days before the date of expiry of the licence, and shall not continue any manufacturing process after that date unless the application for renewal of his licence is duly made.
(3) Every application for the renewal of a licence shall be accompanied by the notice of occupation in the prescribed Form No. 2 in triplicate, and shall be made not less than 30 days before the date on which the licence expires, and, if the application is so made, the premises shall be held to be duly licensed until such date as the Chief Inspector renews the licence.
(4) The same fee shall be charged for the renewal of a licence as for the grant thereof:
Provided that if the application for renewal is not received within the time specified in Sub-rule (2), the licence shall renewed only on payment of a fee 10 per cent in excess of the fee ordinarily payable for the licence.
8. Transfer of licence. - (1) The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.
(2) Such application shall be made to the Chief Inspector who shall/if he approves of the transfer, enter upon the licence under his signature, an endorsement to the effect that the licence has been transferred to the person named.
(3) A fee of five rupees shall be charged on each such application.
9. Procedure on death or disability of licensee. - If a licensee dies or becomes insolvent, the person carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence under Rule 6 in his own name for the unexpired portion of the original licence.
10. Loss of licence. - Where a licence granted under these Rules is lost or accidentally destroys, a duplicate may be granted on payment of a fee of rupees five.
11. Payment of fees. - (1) Every application under these Rules shall be accompanied by a treasury receipt showing that the appropriate fee has been paid into the local treasury under the head of account "XXXII-Miscellaneous Social and Developmental Organisation Fees for Registration and Licensing under the Factories Act, 1948."
(2) If an application for the grant, renewal or amendment of a licence is rejected, or the fee is paid in excess of the prescribed rate such fee or excess fee paid shall be refunded to the applicant, on a pay order issued by the Chief Inspector of Factories on the district treasury office.
13. Powers of Inspector. - An Inspector shall, for the purpose of the execution of the Act, have power to do all or any of the following things, that is to say-
(a) to photograph any worker, to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any building or room, any plant, machinery, appliance or apparatus, any register or document or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory ;
(b) in the case of an Inspector who is duly qualified medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the Act; and
(c) to prosecute, conduct or defend before a court any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector :
Provided that the powers of the District Magistrate and such other public officers as are appointed to be additional Inspectors shall be limited to the inspection of the factories in respect of the following, matters, namely :
Cleanniness (Section 11), Overcrowding (Section 16), Lighting (Section 17), Drinking water (Section 18), Latrines and urinals (Section 19), Spittoons (Section 20), Precautions in the case of fire (Section 38), Welfare (Chapter V), Working hours of adults (Chapter VI-except the power of exemption under the proviso to Section 62), Employment of young persons (Chapter VII), Leave with wages (Chapter VIII) and Display of notice (Section 108) :
Provided further that-
(i) the District Magistrate shall not pass any original orders or remarks under Sections 11, 17 and 38 of the Act but shall limit and confine his orders or remarks under these sections to the points to which the full time Inspector of factories has already directed the attention of Manager or occupier of the factory as the case may be ;
(ii) all additional Inspectors except District Magistrates shall report the defects found and remedies suggested for enforcing compliance with requirements of sections referred to above, to the Chief Inspector who shall pass final orders in each case.
14. Duties of Certifying Surgeons. - (1) For purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the manager of factories situated within the local limits assigned to him. A far as possible, such examination shall be carried out at the factories concerned.
(2) The Certifying Surgeon shall issue his certificates in From No. 5. The foil and counterfoil shall be filled in and the left thumb marks of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under section 69. All counterfoils shall be kept by the Certifying Surgeon for a period of at least two years after the issue of the certificate.
(3) The Certifying Surgeon shall, upon request by the Chief Inspector, carry out such examination and furnish him with such report as he may indicate, for any factory or class or description of factories where-
(a) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing therein, or
(b) by reason of any change in the manufacturing process carried on, or in the substances used therein, or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process, or
(c) young persons are, or are about to be, employed in any work which is likely to cause injury to their health.
(4) For the purpose of the examination of persons employed in processes covered by the rules relating to Dangerous Operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the rules relating to such dangerous operations.
(5) At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of his examination in a Register known as the Health Register (Form No. 17) which shall be kept by the factory manager and produced to the Certifying Surgeon at each visit.
(6) If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that process, he shall suspend such person from working in that process for such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.
(7) The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or is likely to be employed.
(8) The manager of a factory shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.