WEST BENGAL FACTORIES RULES, 1958
(1) These rules may be cited as the West Bengal Factories Rules, 1958
(2) These rules shall extend to the whole of West Bengal.
(3) Save as otherwise expressly provided elsewhere in these rules, these rules shall come into force at once.
Section R.1 of the West Bengal Factories Rules, 1958, serves as the preliminary or short title clause, establishing the scope, extent, and commencement of the Rules. It functions as a foundational provision that delineates the applicability of the Rules within the jurisdiction of West Bengal concerning factory regulation.
Section R.1 primarily provides the short title of the Rules, their extent, and the commencement date. It sets the legal framework for the Rules' operation, ensuring clarity on their scope and jurisdiction.
The scope encompasses all factories within West Bengal that are subject to the Factories Act, 1948, and the Rules made thereunder. It ensures uniform application across the state and clarifies the Rules' jurisdictional boundaries.
The specific section R.1 does not prescribe penalties or punishments. However, violations related to non-compliance with the Rules' provisions, including R.1, may attract penalties under broader provisions of the Factories Act, 1948, such as fines or imprisonment for contraventions of licensing, safety, or operational requirements [Source: ""].
Note: Since specific penalties or detailed provisions under R.1 are not explicitly provided in the sources, the commentary focuses on its foundational and interpretative aspects within the legal framework.
In these rules unless there is anything repugnant in the subject or context:
(a) "The Act" means the Factories Act, 1958, and "section" means a section of the Act.
(b) "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 1[26.7 degrees or more, shall not be deemed to be artificial humidification.
(c) "Belt" includes any driving strap or rope.
1. Vide Notification No. 20
Section R.2 of the West Bengal Factories Rules, 1958, provides definitions crucial for the interpretation and application of the rules. It aligns with the broader framework of the Factories Act, 1948, and ensures clarity in legal and operational contexts within factories in West Bengal.
Section R.2 enumerates key definitions used throughout the Rules, including terms like "occupier," "factory," "power," and other technical or administrative terms necessary for consistent application of the Rules.
Note: The analysis is based on the available sources and general legal principles related to factory regulation under the West Bengal Factories Rules, 1958.
(1) Competent Person - The Chief Inspector may, on an application made as nearly as possible in Form No. 29, recognise any person as a "competent person" as stipulated in the Act and the rules made thereunder, for such period as may be specified for the purposes of carrying out test, examinations, inspections and certifications for building, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure vessels and plants, confined space, ventilation system and such other process or plant and equipment located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the schedule - AA annexed to this rule.
Provided that the Chief Inspector may, subject to such condition as he may direct in writing, relax the qualifications prescribed in the said Schedule - AA in respect of a "competent person" but not the req
(1) No building, part of building or structure, shall be constructed, extended, or taken into use as a factory or a part of factory on any site unless previous permission in writing has been obtained from the Chief Inspector for the site and for the construction, extension or use of the building, part of a building or structure on such site.]
Application for such permission shall be made as nearly as possible in Form No.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) Plan in duplicate showing -
(i) the site of the factory and immediate surroundings including adjacent buildings, and another structures, roads, drains, e
The Chief Inspector may require for the purpose 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 then. Such plans shall be drawn to scale showing -
(a) the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.
(b) the plan elevation and necessary cross sections of the factory buildings indicating all relevant details relating to safety of the building or structure, natural lightings, ventilation and means of escape in case of fire and the position of the plant and machinery, aisles and passageway and
(c) such other particulars as the Chief Inspector may require.]
1. I
Section R.3(a) of the West Bengal Factories Rules, 1958, pertains to the requirement of prior permission from the Chief Inspector of Factories for certain activities related to establishing or operating a factory. It is a delegated rule-making provision that operationalizes the broader statutory mandate under the Factories Act, 1948, ensuring safety, health, and sanitary conditions in factories.
Section R.3(a) mandates that no person shall operate a factory without obtaining prior permission from the Chief Inspector of Factories. This provision emphasizes the importance of regulatory oversight before commencing factory operations, particularly concerning the use of premises as a factory.
While the specific penalties are not detailed in the provided sources, generally, violations of the Rules under the Factories Act can lead to penalties such as:- Fines- Imprisonment- Both, depending on the severity of the breach- Closure orders or other enforcement actions by authorities
Note: Specific penalties for violations of R.3(a) are typically prescribed under the Factories Act, 1948, and related rules, but are not detailed in the provided sources.
2[(1) The occupier of every factory shall submit to the Chief Inspector an application as nearly as possible in Form No.2 in duplicate for its registration and grant of licence at least fifteen days before the occupier begins to occupy or use any premises as a factory.
(2) Every such application shall be accompanied by a treasury receipt showing payment of fees specified in the Schedules ’A’, ’B’ and ’C’ hereto as the case may be.
(3) The Chief Inspector may call for such other particulars as he may require before registration and grant of licence.]
2. Subs. by ibdi
(1) The Chief Inspector may on the application being made to him under sub-rule (1) of rule 4 and on payment of fees required under sub-rule(2) of that rule and on being satisfied that there is no objection to the grant of licence applied for, register the factory and grant a licence as nearly as possible in Form No.3 subject to compliance with such condition as may be specified in the licence:
Provided that where the Chief Inspector refuses to grant licence, he shall record in writing the reasons for such refusal and communicate the same to the applicant.
(2) Every licence granted under this rule shall remain in force upto the 31st December of the year for which the licence is grants.
2. Subs. by vide notification no. 340 L.W./L.W./IR-4/85.
Section R.5 of the West Bengal Factories Rules, 1958, pertains to the grant and validity of factory licenses, which are essential for lawful factory operation. It forms part of the regulatory framework aimed at ensuring safety, health, and welfare of workers by controlling factory licensing procedures.
Section R.5 stipulates that every license granted under the Rules shall remain in force until the 31st of December of the year for which it is issued, unless revoked or suspended earlier. It emphasizes the temporal validity of licenses and the need for renewal or reapplication after expiry.
While Section R.5 itself primarily deals with license validity, violations such as operating without a valid license or after expiry can attract penalties under the broader Factories Act and Rules, including fines and imprisonment.
Note: The analysis is based on the available sources and the typical legal interpretation of licensing provisions within factory regulation laws.
(1) Every application for renewal shall be submitted as nearly as possible in Form No.2, induplicate, to the Chief Inspector, on or before the 31st December of the year prior to that to which the application relates.
(2) The fee that shall be charged for the renewal of a licence shall be subject to the scale of fees laid down in Schedule A or Schedule B or Schedule C as may then be applicable to the factory in respect which application for renewal of licence is submitted to the Chief Inspector:
Provided that if the fee for renewal of licence is not deposited within the time specified in Sub-rule (1), then, notwithstanding any other action which may be taken, the amount of the fee payable for renewal of the Licence shall be 25 per cent in excess of the amount which would otherwise be payable, if the payment is made within three calendar m
(1) A licence granted under rule 5 and renewed under rule 6 may be amended by the Chief Inspector.
(2) A licence whose licence requires to be amended shall submit to the Chief Inspector an application as nearly as possible in Form No.2.
(3) The Chief Inspector may call for such other particulars as he may require for amendment of licence.
(4) A licensee whose licence requires to be amended by virtue of increase in the number of workers to be employed or additional power to be installed shall pay a fee of 2[rupees fifty]; plus the amount by which the fee payable for the amended licence exceeds the fee already paid for the licence:
Provided that if the application together with original receipted challan showing payment of fee payable for amendment un
(1) (a) the holder of a licence may, at any time before the expiry of the licence, apply to the Chief Inspector for permission to transfer his licence to another +[occupier].
+ Sub. by (Amendment) Rules, 1991 dated 27.11.1991
(b) The Chief Inspector may call for such other particulars as he may require.
(2) The Chief Inspector may, 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 [occupier] named.
(3) A fee of 2[rupees fifty] rupees shall be charged on each such endorsement. The +[occupier] to whom the licence is to be transferred shall submit a notice of occupation as nearly as possible in Form No.2, and shall pay the endorsement fee.]
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(1) An occupier shall not use any premises as a factory unless a licence has been issued in respect of such premises and is in force for the time being:
+[Provided that if application for grant, renewal, amendment or transfer of licence with all particulars in Form No.2 has been submitted along with treasury receipt showing that correct fee has been deposited, the premises shall be deemed to be duly licenced until such date as the Chief Inspector may allow or renew, amend or transfer the licence or refuse in writing to do so, as the case may be.]
(2) The licence or a copy of the licence shall be displayed at a conspicuous place at or near the main entrance to the factory.]
1. Sub. vide Notification No. 340 LW/LW/IR-4/85 dated 2nd April 1986
+ Sub
If a licensee dies or becomes insolvent, or otherwise disabled, 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 +[transfer of the licence under rule 8] in his own name for the unexpired portion of the original licence.
+ Sub. by (Amendment) Rules, 1991 dated 27.11.1991
Where a licence granted under these rules is lost or accidentally destroyed, a duplicate may be granted on payment of a fee of rupees +[ten].
+ Sub. by (Amendment) Rules, 1991 dated 27.11.1991
(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 087 -Labour and Employment (Provincial)-Fees realized under Factories Act.
1. Sub. vide Notification No. 340 LW/LW/IR-4/85 dated 2nd April 1986
1[Provided that when the head of account under which the licence fees have to be deposited is changed, the Chief Inspector may direct the occupiers to deposit fees payable under this sub-rule under such other head of account as he may specify.]
1. Added vide Notification No. 340 LW/LW/IR-4/85 dated 2nd April 1986
(2) If an application for the grant, renewal, amendment or transfer of a licence is rejected, the fee paid shall be re
+[13A. Notice of change of manager - The occupier of a factory shall submit a notice, as nearly as possible in Form No. 3A, to the Inspector Whenever there is a change of manager in the factory.]
+ Rule 13A substituted by (Amendment) Rules, 1991 and Rule 13B inserted by ibid.
+13B. Guidelines, instructions and records.
(1) Without prejudice to the general responsibility of the occupier to comply with the provisions of section 7A of the Act, the Chief Inspector may, from time to time, issue guidelines and instructions regarding the general duties of the occupier relating to health, safety and welfare of all workers while they are at work in the factory.
(2) The occupier shall maintain such records in Form No. 30 in respect of monitoring of work envi
No person shall be appointed as Inspector for the purpose of the Act, unless he possesses the qualifications for such Inspectors in the 1[West Bengal State Services] Recruitment Rules at the time of his appointment.
1. Added vide Notification No. 340 LW/LW/IR-4/85 dated 2nd April 1986
Rule prescribed under section 9.
The West Bengal Factories Rules, 1958, serve as the subordinate legislation to the Factories Act, 1948, specifically tailored for the state of West Bengal. While Rule 14 primarily governs the appointment and qualifications of Inspectors of Factories, the legal discourse surrounding these rules often intersects with broader principles of rule-making power, reasonable time limits for compliance, and the definition of 'site'. Judicial interpretations have clarified that rules made under specific sections (like Section 6 requirement of permission) do not exceed the Parent Act's scope if the language allows for a flexible interpretation of terms like "site." Furthermore, while Rule 14 mandates specific qualifications, the courts emphasize that procedural mandates like "forthwith" in related sections (e.g., Lucknow, R.35) must be understood as allowing reasonable time, reflecting a balance between strict statutory compliance and administrative reality.
Rule 14 of the West Bengal Factories Rules, 1958, deals with the Appointment of Inspectors. The primary provision states that no person shall be appointed as an Inspector for the purposes of the Act unless they possess the qualifications prescribed in these Rules. In the context of judicial reviews, Rule 14 has been referenced to highlight the statutory framework required to empower officials who enforce safety, health, and welfare standards within factories. It establishes the pre-requisite conditions for the exercise of inspection powers, ensuring that only qualified personnel can act as agents of the State in overseeing factory compliance.
Based on the judicial analysis of the West Bengal Factories Rules and related litigation:* Prescribed Qualifications: The candidate must strictly possess the qualifications explicitly outlined in the Rules to be appointed.* State Government Power: The appointment is an executive function of the State Government, subject to the statutory cap of not appointing unqualified persons.* Valid Appointment Procedure: The appointment must follow the legal requisites to ensure the Inspector's actions (like issuing notices or summoning workers) are valid in Court.* Continuing Validity: If the State Government fails to issue a notification under Section 40B of the Factories Act to employ Safety Officers, appointments made under similar rules may be deemed non-compliant and unauthorized.
The scope of Rule 14 extends beyond mere administrative staffing; it underpins the enforcement mechanism of the Factories Act.* Enforcement Authority: It determines who has the legal standing to conduct inquiries, inspect premises, and enforce penalties under Chapter X of the Factories Act.* Exclusion of Other Statutes: The rules governing factories explicitly exclude "mines or minerals" (including brick fields) which are controlled under the Mines Act and the West Bengal Minor Minerals Rules. Thus, Rule 14 does not apply to operations falling under the minor minerals regime.* Non-Application to Breach of Conduct: While Rule 14 sets qualifications, distinct Rules (like Rule 3 of the same 1958 rules) deal with site permission. Courts have clarified that these rules operate within the scope of the Parent Act and do not constitute an overreach just because they require permissions for existing buildings.
While Rule 14 itself specifies the qualification criteria, the consequences of non-compliance or unauthorized appointment fall under Section 92 of the Factories Act, 1948, which lays down the general penalty.* Prosecution of Occupiers: If a non-qualified person acts or if the occupier fails to employ a qualified individual where required, the "occupier" and the "manager" of the factory can be prosecuted under Section 92.* Limit of Prosecution: Crucially, legal precedents (e.g., N.C. Talukdar cases) establish that under Section 100(2) read with Section 92, "Only one director" or individual of a company can be prosecuted and punished for such offences, even if multiple directors are involved or if the company is the occupier. Prosecuting all directors simultaneously is legally unsustainable.* Abuse of Process: Continuation of proceedings against unqualified individuals or persons not fitting the definition of "occupier" can be quashed by the High Court as an abuse of the process of the court to secure the ends of justice.
An Inspector shall, for the purposes of the Act, have power to do all or any of the following things :-
(a) to photograph any worker, to inspect, examine, measure, copy, photograph, sketch, direct testing of or test, as the case may be, any building or room, any plant machinery, appliance or apparatus, article or substance, any register or document or anything provided for in order to give effect to the provisions of the Act;
(b) in the case of an inspector who is a duly qualified medical practitioner, to carry out such medical examination as may be necessary;
(c) to seize or to take copies of such registers, records or other documents of portions thereof as he may consider relevant in respect of an offence under the Act, which he has reasons to believe, has been committed;
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(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 managers of factories situated within the local limits assigned to him.
(2) The Certifying Surgeon shall issue his certificates as nearly as possible in Form No.4. The foil and counter-foil shall be filed in and the left thumb mark 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 counter-foil and shall deliver the foil to the person in whose name certificate is granted. The foil so delivered shall be the certificate of fitnes
In every factory all inside walls and partitions, all ceiling or tops of rooms and all walls, sides and tops of passages and staircases, if painted, varnished or having a smooth impervious surface, shall be washed with water once in every period of fourteen months, if necessary, by soap and brush.
Register prescribed under sub-section (1) of section 11.
The record of dates on which white washing, colour-washing, varnishing, etc., are carried out shall be entered in a register maintained as early as possible in Form No. 6 Rule prescribed under sub-section (2) of section 12.
The arrangements made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein shall be in accordance with those approved by the State Board for the Prevention and Control of Water Pollution constituted under the Water (prevention and Control of Pollution) Act., 1974 (6 of 1974), the State Board for Prevention and Control of Air Pollution constituted under the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the Public Health Engineering Directorate of the state Government.]
1. Rule 19 Subs. by W.B. Factories, (Amendment) Rule, 1991, dated 27.11.1991
(1) In any factory the maximum wet-bulb temperature of air in a work-room at a height of 1.5 meters above the floor level shall not exceed 30 degrees centigrade and adequate air movement with a velocity of at least 30 meters per minute shall be proved and, in relation to dry-bulb temperature, the wet-bulb temperature in the workroom at the said height shall not exceed what is shown in the schedule below :-
Dry - bulb temperature Wet - bulb temperature
30°C to 34°C 29°C
above 34°C upto 39°C 28.5°C
above 39°C upto 44°C 28°C
above 44°C upto 47°C 27.5°C
Provided that if the temperature measured with a thermometer inserted in a hollow globe of 15
For permissible levels of certain substances in work environment without prejudice to the requirements of any other provisions of the Act or these rules, the requirements specified in the schedule below shall apply to all-factories so far as it relates to compliance with section 14 of the Act.
SCHEDULE
1. Definition - For the purpose of this Schedule
(a) "mg/m3" means milligrams of a substance per cubic meter of air;
(b) "mppcm" means million particles of a substance per cubic meter of air;
(c) "ppm means parts of vapour or gas per million parts of air by volume at 25°C and 760 mm of mercury pressure;
(d) "time weighted average concentration" means the avera
There shall be no artificial humidification in any room of a cotton spinning or weaving factory :
(a) by the use of steam during any period when the dry bulb temperature of that room exceeds [29.5 degree centigrade.]
(b) at any time when the wet bulb reading of the hygrometer is higher than that specified in the following schedule in relation to the dry bulb reading of the hygrometer at that time; or as regards a dry bulb reading intermediate between any two dry bulb readings indicated consecutively in the schedule when the dry bulb reading does not exceed the wet bulb reading to the extent indicated in relation to the lower of these two dry bulb readings:
Provided however, that clause (b) shall not apply when the difference between the wet bulb temperature as indicated by the hygrometer in t
In all departments of cotton spinning and weaving mills wherein artificial humidification is adopted, hygrometer shall be provided and maintained in such positions as are approved by the Inspector. The number of hygrometer shall be regulated according to the following scale:
(a) Weaving department.- One hygrometer for department with less than 500 looms, and one additional hygrometer for every 500 or parts of 500 looms, in excess of 500.
(b) Other departments-One hygrometer for each room of less than +[8500] cubic meters capacity and one extra hygrometer for each +[5670] cubic meters or part thereof, in excess of this.
+ Ins. by W.B. Factories (Amendment) Rules, 1991, dated 27.11.1991
(c) One additional hygrometer shall be provided and maintained o
The West Bengal Factories Rules, 1958 serve as subordinate legislation framed under the Factories Act, 1948 to regulate conditions of work, health, safety, and welfare in industrial establishments within the state. While Section R.21 specifically relates to the "Provision of Hygrometer" in cotton spinning and weaving mills, its legal significance is rooted in the broader context of mandatory safety equipment provisions under the Act. Judicial interpretations regarding these rules emphasize that while such provisions are critical for operational compliance, certain procedural aspects (like notice periods or "forthwith" requirements) are to be interpreted reasonably to ensure justice, and penalties for non-compliance are enforceable unless procedural technicalities prevent maintainable prosecution.
Section R.21 mandates the installation and maintenance of hygrometers in specific departments of cotton spinning and weaving mills. Specifically, it applies to departments where artificial humidification is adopted. The rule stipulates that these instruments must be kept in proper working condition to monitor humidity levels, thereby preventing health hazards (such as dampness-related diseases) and ensuring process efficiency. Failure to comply renders the occupier liable under the penal provisions of the Factories Act.
Based on the operative provisions of R.21 and related case law interpreting similar safety mandates:
The scope of Rule 21 is technical yet mandatory. It falls under the "Precautions to be taken to avoid hazards to health" aspect of the Factories Act. Judicial analysis suggests that while the rule is specific to cotton industries, the principle of mandatory safety equipment applies broadly. Courts have held that rules enacted under the Act are mandatory, and no authority can mould them for convenience. Furthermore, while R.21 mandates the presence of the device, other judicial precedents regarding safety rules (like cooling water under R.35) suggest that specific technical interpretations (e.g., whether water is "cooling" or "cooled") are resolved strictly by the rule's wording (i.e., "effective methods" or "ice").
Although the sources do not provide the exact text of the punishment clause for R.21 specifically, judicial commentary links R.21 to the general penal provisions:
Where the Inspector is satisfied that the limits of humidity allowed by the Schedule to rule 20 are never exceeded, he may for any department other than the weaving department, grant exemption from the maintenance of the hygrometer. The Inspector shall record such exemption in writing.
A legible copy of the Schedule annexed to rule 20 shall be affixed near each hygrometer.
At each hygrometer maintained in accordance with rule 21, correct wet and dry bulb temperatures shall be recorded thrice daily during each working day by competent person nominated by the Manager and approved by the Inspector. The temperature shall be taken between 7 a.m. and 9 a.m., between 11 a.m. and 2 p.m. (but not in the rest interval) and between 4 p.m. and 5.30 p.m. In exceptional circumstances, such additional readings and between such hours, as the Inspector may specify, shall be taken. The temperature shall be entered in a Humidity Register as nearly as possible in Form No.5., maintained in the factory. At the end of each month, the persons who have taken the readings shall sign the Register and certify the correctness of the entries. +The register shall be maintained with up-to-date entries and kept available to the Inspector for examination at all hours during working of the factory.
(1) Each hygrometer shall comprise two mercurial thermometer of wet bulb and dry bulb of similar construction, and equal in dimension, scale and divisions of scale. They shall be mounted on a frame with a suitable reservoir containing water.
(2) The wet bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dipping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose, clean and free from size or grease (3) No part of the wet bulb shall be within 7.6 centimeter of the dry bulb or less than 2.5 centimetres from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from the dry bulb.
(4) The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the
(12) Each thermometer shall be maintained at all times during the period of employment in efficient working order so as to give accurate indications and in particular-
(a) the wick and the muslin covering of the wet bulb shall be renewed once a week;
(b) the reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may direct the use to distilled water or pure rain water in any particular mill or mills in certain localities;
(c) no water shall be applied directly to the wick or covering during the period of employment.
If an Inspector gives notice in writing that thermometer is not accurate it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been re-examined as prescribed and a fresh certificate obtained which certificate shall be kept attached to the Humidity Register.
+[(1) No hygrometer shall be fixed to a wall, pillar or other surface unless protected therefrom by wood or other heat non-conducting material of at least 13mm thickness placed at a distance of at least 25 mm from the bulb of each thermometer.]
+ Sub by W.B. Factories Amendment Rules, 1991, dated 27.11.1991
(2) No hygrometer shall be fixed at a height of more than 1.7 meters from the floor to the top of thermometer stem or in the direct draughts from a fan, window or ventilating opening.
No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in reservoir.
In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air the following provisions shall apply-
(a) The diameter of such pipes shall not exceed +[50 mm] and in the case of pipes installed after 1st day of January 1940 the diameter shall not exceed +[25 mm.]
+ Sub by W.B. Factories Amendment Rules, 1991, dated 27.11.1991
(b) Such pipes shall be as short as is reasonably practicable.
(c) All hangers supporting such pipes shall be separated from the bare pipes by an efficient insulator not less than 13 mm. in thickness.
(d) No uncovered jet from such pipe shall project more than 11 cm. Beyond the outer surface of any cover.
(1) The general illumination over those interior parts of a factory where persons are regularly employed shall be not less than 1[65] lux measured in the horizontal place at a level of 1[90 centimeters] above the floor:
1. Sub by W.B. Factories amendment Rules, 1991,
Provided that in such parts in which the mounting height of the light source for general illumination necessarily exceeds 1[7.6] meters measured from the floor or where the structure of the room or the position or construction of the fixed machinery or plant prevents the uniform attainment of this standard, the general illumination at the said level shall be not less than 1[22] lux and where work is actually being done the illumination shall be not less than 1[65] lux.
1. Sub by W.B. Factories amendment Rules, 1991,
(1) Where any source of artificial light in the factory is less than 1[4.9] meters above floor level, no part of the light source or of the lighting fitting having a brightness greater than 1[1.55] Candles per sq. c.m. shall be visible to persons whilst normally employed with 1[30] meters of the source, except where the angle of elevation from the eye to the source or part of the fitting, as the case may be, exceeds 20 degrees.
(2) Any local Light, that is to say, an artificial light designed to illuminate particularly the area of or part of the area of work of a single operative or small group of operatives working near each other shall be provided with a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every persons employed at a normal working place, or shall be so place that no suc
Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of workroom or process that any requirement of rules 31 and 32 is inappropriate or is not reasonably practicable, he may by order in writing exempt the factory or part thereof, or description of workroom or process from such requirement to such extend and subject to such conditions as he may specify.
Rule 34 and 35 prescribed under sub-section (4) of section 18.
(1) In every factory there shall be provided and maintained at suitable points conveniently accessible to all workers a supply of water fit for drinking. The quantity supplied daily shall consist of at least +[5] liters for every worker.
+ Sub by W.B. Factories Amendment Rules, 1991
(2) The supply of drinking water required under sub-rule (1), if not laid on, shall be contained in suitable vessels and shall be renewed at least daily. All practicable steps shall be taken to preserve the water and vessels from contamination.
(3) Any open well or reservoir from which drinking water is derived shall be so situated and protected as not to be liable to pollution by organic matter or other impurities.
(4) The area around any place where drinking water is s
In every factory wherein more than two hundred and fifty workers are ordinarily employed-
(a) the drinking water supplied to the workers shall, from the 1st of April to the 30th of September in every year, be cooled by ice or other effective method:
Provided that if ice is placed in the drinking water, the ice shall be clean and wholesome:
(b) the cooled drinking water shall be supplied in every canteen, lunch room and rest-room and also at conveniently accessible points throughout the factory which for the purpose of +[this rule] shall be called "Water Centers";
+ Sub by W.B. Factories Amendment Rules, 1991
+[(c) the water centers shall be sheltered from the weather, adequately drained +[and] maintained
(1) Latrine accommodation shall be provided in every factory on the following scale-
(a) Where females are employed, there shall be at least one latrine for every 25 females;
(b) Where males are employed, there shall be at least one latrine for every 25 males; provided that, where the number of males employed exceeds 100, it shall be sufficient if there is one latrine for every 25 males up to first 100, and one for every 50 above that.
In calculating the number of latrines required under this rule any odd number of workers less than 25 or 50 as the case may be shall be reckoned as 25 or 50.
The number of workers in a factory for whom septic tank latrine accommodation shall be deemed to be adequate shall be (a) the maximum number of daily users as ap
The following provisions shall apply to all latrines :-
(1) The design and the site or situation shall be subject to the approval of the 2[Public Health Engineering Directorate], West Bengal, and the construction shall be subject to the approval of the Chief Inspector.
2. Subs. by Notification No. 340 L.W./L.W./IR-4/85 dated 2nd April 1986.
Application for such approval shall be accompanied by plans in duplicate, showing-
(a) the site or situation and immediate surrounding including adjacent buildings and drinking water sources, and
(b) the plan, elevation and necessary cross-sections drawn to scale indicating all relevant details.
(2) They shall be situated,
The following provisions shall apply to septic tank latrines :-
(1) The maximum number of daily users for whom the tank is designed shall be approved by the 1[Public Health Engineering Directorate], West Bengal, and a notice board showing such number shall be fixed in a prominent position on each latrine.
1. Subs. by Notification No. 340 L.W./L.W./IR-4/85 dated 2nd April 1986
Septic tanks constructed after commencement of this rule shall be so designed as to allow a space of 3[57 to 85 cubic centimeter] per user. The ordinary filter beds shall have 3[170 cubic centimeter] of filtering media per every user and for rotary filters the capacity may reduced to 0.085 centimeter per user.
3. Substituted by ibid.
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In the case of factories situated in places within the limit of a local authority if it appears to the Inspector that there has been a breach of the provisions of any municipal or local Act relating to sanitary arrangements, removal of objectionable rubbish, the cleaning and fencing of water tanks, or the like matters, the Inspector shall without prejudice to any action which he is empowered to take under the Act or the ruled thereunder, draw the attention of the local authority to the breach of such provisions.
Urinal accommodation shall be provided for the use of male workers and shall not be less than 1[60] centimeters in length for every 50 males, provided that where the number of males employed exceeds 500, it shall be sufficient if there is only one urinal for every 50 males up to the first 500 employed, and one for every 100 thereafter.
In calculating the urinal accommodation required under this rule any odd number of workers less than 50 or 100, as the case may be, shall be reckoned as 50 or 100.
Urinals other than those connected with an efficient water borne sewage system and urinals in a factory wherein more than two hundred and fifty workers are ordinarily employed shall comply with the requirements of the 1[Public Heather Engineering Directorate].
1. Subs. by Notification No. 340 L.W./L.W./IR-4/85 dated 2nd April 1986
The walls, ceilings and partitions of every latrine and urinal shall be white-washed or colour washed and the white-washing or colour washing shall be repeated at least once in every period of four months. The dates on which the white-washing or colour-washing is carried out shall be entered in the prescribed Register (Form No.6):
1 [* * *]
1. Omitted by ibid.
All drains carrying waste or sullage water shall be constructed in masonry or other impervious material and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line:
Provided that, where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Inspector.
Rules 44 to 46 prescribed under sub-section (2) of section 20.
The number and location of spittoons to be provided shall be to the satisfaction of the Inspector.
The spittoons shall be of either of the following types :-
(a) a galvanized iron container with a conical funnel-shaped cover. A layer of suitable disinfectant liquid shall always be maintained in the container:
(b) a container filled with dry, clean sand, and covered with a layer of bleaching power;
(c) any other type approved by the Chief Inspector.
2[The spittoons mentioned in clause (a) of rule 45] shall be emptied, cleaned and disinfected at least once very day: and the spittoons mentioned in clause (b) of rule 45 shall be cleaned by scraping out the top layer of sand as often as necessary or at least once every day.
2. Substituted by ibid. W.B. Factories Amendment Rules, 1991,
Safety precautions prescribed under subsection (2) of section 21.
Without prejudice to the provisions of sub-section (1) of section 21 in regard to the fencing of machines, the further precautions specified in the schedule annexure hereto shall apply to the machines noted in each schedule.
SCHEDULE I
1Jute Textile and Jute Textile Products
1. Subs by Notification No. 340 L.W./L.W./IR-4/85 dated 2nd April 1986
1. Fencing of machinery.
Fencings, guards or safety divices in respect of each individual machine as prescribed shall be provided and maintained in good order.
2. Softening machines.
(a) A safety stopping device comprising a breast plate in front of the feed table to operate t
No building, wall, chimney, bridge, tunnel, road, gallery, stairway, ramp floor, platform staging or other structure, whether of a permanent or temporary character, shall be constructed, situated or maintained in any factory in such a manner as to cause risk of bodily injury.
1. Subs. by Noti No. 340 L.W./L.W./IR-4/85 dated 2nd April 1986
(1) No person shall be allowed to operate a crane, locomotive, +[dumper, dozen, lorry, tractor, etc.] fork-lift truck, or to give a signal to a crane or locomotive operator unless his eye sight and colour vision have been examined and declared fit by a qualified opthalmologist to work whether with or without the use of corrective glasses.
(2) The eye-sight and colour vision of the person as referred to in sub rule (1) shall be re-examinated at least once in every period of 12 months up to the age of 45 years and once in every 6 months beyond that age.
(3) Any fee payable for an examination of a person under this rule shall be paid by the occupier and shall not be recoverable from that person.
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(1) This rule shall apply to railways in the precincts of a factory which are not subject to the Indian Railways Act, 1980 (9 of 1890) in a factory.
(2) Gateways: A gateway through which a railway track passes shall not be used for the general passage of workers into, or out of, a factory.
(3) Barries and Turngates:
(a) Where building or walls contain doors or gates which open to a railway track a barrier about 1 metre high shall be fixed parallel to and about 60 cm. away from the building or wall outside the opening and extending several feet beyond it at either end, so that any person passing out may become aware of an approaching train when his pace is checked at the barrier.
If the traffic on the nearest track is all in one direction, the barrie
(1) Application
This rule shall apply to ovens and driers, except those used in laboratories or kitchens of any establishment and those which have a capacity below 325 litres.
(2) Definition.
For the purpose of this rule, oven drier means any enclosed structure, receptacle, compartment or box which is used for baking, drying of otherwise processing of any article or substance at a temperature higher than the ambient temperature or the air in the room or space in which the oven or drier is situated, and in which a flammable or explosive mixture of air and a flammable or explosive mixture of air and a flammable substance is likely to be evolved within the enclosed structure, receptacle, compartment or box or part thereof on account of the article or substance which is baked, dried or otherwise
(1) This rule applies to reaction vessels and kettles, hereinafter referred to as reaction vessels, which normally work at a pressure being created above the atmospheric pressure due to reaction getting out of control or any other circumstances.
(2) In the event of the vessel being heated by electrical means, a suitable thermostatic control device shall be provided to prevent the temperature exceeding the safe limit.
(3) Where steam is used for heating purpose in a reaction vessel, it shall be supplied through a suitable pressure reducing valve or any other suitable automatic device to prevent the maximum permissible steam pressure being exceeded, unless the pressure of the steam in the supply line itself cannot exceed the said maximum permissible pressure.
(4) A suitable safety valve or ruptu
No machinery, plant or equipment shall be constructed, situated, operated or maintained in any factory in such a manner as to cause risk of bodily injury.
(1) In every factory all electric supply lines and apparatus shall be sufficient in size and power for the work they may be required to do, and shall be constructed, situated, protected, worked and maintained in such a manner as to cause no risk of bodily injury:
Provided that where automatic mechanism is installed which renders dead any electrical equipment on the occurrence of danger, such mechanism shall be taken into account by the Inspector when considering the adequacy or otherwise of the protection furnished:
Provided further that in no case shall the Inspector accept as to objection under any other Act.
(2) Every portable hand lamp must be equipped with an insulating handle and the bulb must be enclosed in a wire cage which must be insulated from the metal parts of the lamp holder.
No process or work shall be carried on in any factory in such a manner as to cause risk of bodily injury.
Rule Prescribed under Sections 41 and 112
No materials or equipment shall be stacked or stored in such a manner as to cause risk of bodily injury.
(1) The Inspector may, having regard to the nature of hazards involved in work and process being carried out, order the occupier or the manager, in writing, to supply to the workers exposed to particular hazards any personnel protective equipment as may be considered necessary and specified in the order.
(2) All personnel protective equipments to be provided to workers as required under any of the provisions of the Act or the rules made thereunder shall have certification by Indian Standard Institution and be maintained in good repair and usable condition.]
1. Rule 52A Ins. by W.B. Factories (Amendment) Rules, 1991, dt. 27-11-1991.
Rules prescribed under sub-section (1) of section 22 and section 112
2[(1) One or more adult workers shall be appointed for the purpose of subsection (1) of section 22 of the Act for such examination or operation as referred to in the proviso to sub-section (1) of section 21 of the Act and the name and other particulars of every such workers shall be entered in a register as nearly as possible in Form No.7 which shall be kept up-to-date and readily available, to the Inspector for examination during working hours of the factory.]
2. Sub-section (1) of Rule 53 Subs. by ibid.
(2) No worker shall be appointed unless he has been sufficiently trained for such examination or operation and is acquainted with the dangers from moving machinery arising in connection with such work.
(3) A workers required to wear tight fitting clothing under sub-section (1) of section 22 s
The machines specified in section 28 and 30 of the Act and the following machines shall be deemed to be of such dangerous character that young persons shall not work at them unless the provisions of sub-section (1) 23 of the Act are complied with:
3. Rule 54 Subs. by ibid.
(a) Power presses other than hydraulic presses:
(b) Milling machines used in metal trades;
(c) Shears, Slitters and Guillotine machine;
(d) Wood working machines;
(e) Platen Printing machines;
(f) Centrifugal machines;]
Rule 54A prescribed under Section 28.
(1) A report of result of every examination, carried out in respect of every hoist and lift shall be completed in the prescribed Form No. 8A within seven days of completion of the work and shall be signed by the competent person making the examination and shall be kept available for perusal by the Inspector at all hours when the factory or any part thereof is working.
(2) For the class or description of hoist or lift specified in the first column of the following Schedule, the requirements of Section 28 of the Act specified in the second column of the said Schedule and set opposite to that class or description of hoist or lift shall not apply:
SCHEDULE
Class or description of hoist or lift. Requirements which shall not apply.
Hoist or lift mainly u
(1) No lifting machine and no chain, rope or lifting tackles, except a fibre rope sling, shall be taken in use in any factory for the first time in that factory unless it has been tested and all parts have been thoroughly examined by a competent person and a certificate of such a test and examination specifying the safe working load or loads and signed by the person making the test and the examination, has been obtained and is kept available for inspection.
(2) (a) Every jib-crane so constructed that the safe working load may be varied by the rising or lowering of the jib, shall have attached thereto either an automatic indicator of safe working loads or an automatic jib angle indicator and a table indicating the safe working loads at corresponding’ inclinations of the jib or corresponding radii of the load.
b) A table showing the safe w
(1) In this rule -
(a) ’Design pressure’ means the maximum pressure that a pressure vessel or plant is designed to withstand sagely when operating normally;
(b) ’Maximum permissible working pressure is the maximum pressure at which a pressure vessel or plant is permitted to be operated or sude under this rule and is determined by the technical requirements of the process;
(c) ’Plant’ means a system of piping that is connected to a pressure vessel and is used to contain any gas, vapour or liquid under pressure greater than the atmosphere, and includes the pressure vessel; and
(d) ’Pressure vessel’ means a vessel that may be used for containing storing, distributing, transferring, distilling, processing or otherwise handing any gas, vapour or liquid
(1) The expression "gasholder" means a water-sealed gasholder which has a capacity of not less than 141.5 cubic metres.
(2) Every gasholder shall be of good construction, sound material, adequate strength, free from patent defect and properly maintained.
(3) Where there is more than one gasholder in a factory, every gasholder shall be marked conspicuously with a distinguishing number or letter.
(4) Every gasholder shall be thoroughly examined externally by a competent person at least once in a period of every twelve months.
(5) In the case of gasholder in use for more that 10 years, the internal condition of the sheeting shall, within year of the coming into force of this rule and thereafter at least once in a every period of four years, be examined
(1) No 1[worker] shall be employed in any factory to lift, carry or move by head, unaided by another person, any material, article, tool or appliance exceeding the maximum limit in weight set out in the following Schedule:
1. Subs by. Notification No. 340 L.W./L.W./IR-4/85 dated 2nd April 1986.
1[SCHEDULE
Class of worker Maximum limit
(a) Adult male 55 Kg.
(b) Adult female 30 Kg.
(c) Adolescent male 30 Kg.
(d) Adolescent female 20 Kg.
(e) Male child 16 Kg.
(f) Female child 14 Kg.]
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Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the immediate vicinity of the following processes-
(a) The process specified in Schedule I annexed hereto, being processes which involve risk of injury to eyes from particles or fragments thrown off in the course of the processes.
(b) The processes specified in Schedule II annexed hereto, being process which involve risk of injury to eyes by reason of exposure to excessive light or infrared or ultra-violet radiations.
1. Sub. by Notification No.340 L.W./L.W./IR-4/85 dated 2nd April 1986
SCHEDULE I
(a) Turning, drilling, breaking, cutting, chipping, grinding
Every chamber, tank, vat, pipe, flue or other confined space, in which persons may have to enter and which may contain dangerous fumes to such an extent as to involve risk of the persons being overcome thereby, shall, unless there is other effective means of egress, be provided with a manhole which may be rectangular, oval or circular in shape, and which shall-
(a) in the case of a rectangular or oval shape, be not less than 40.6 cm. long and 30.5 cm. wide;
(b) in the case of a circular shape, be not less than 40.6 cm. in diameter.
Exemption under sub-section (5) of section 37.
The requirements of sub-section (4) of section 37 shall not apply to the following processes carried on in any factory :-
(a) The operation of repairing a water-sealed gas-holder by the electric welding process, subject to the following conditions:-
(i) The gasholder shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely, town gas, coke-over gas, producer gas, blast furnace gas, or gases other than air, used in their manufacture:
Provided that this exemption shall not apply to any gasholder containing acetylene or mixture of gases to which acetylene has been added intentionally.
(ii) Welding shall only be done by the electric welding process and shall be carried out by experienced operativ
1. Subs by Notification no. 340 L.W./L.W./IR-4/85 dated 2nd April 1986.
(1) Process, equipment, plant, etc., involving serious explosion and serious fire hazards: In every factory
(a) all process 2[storages, equipments, plants, etc.,] involving serious explosion and flash-fire hazards shall be located in segregated buildings where the equipment shall be so arranged that only a minimum number of employees are exposed to such hazards at any one time;
2. Inserted by W.B. Factories Amendment Rules, 1991, dated 27.11.1991.
(b) all industrial processes involving serious fire hazards should be located in buildings or work places separated from one another by walls of fire-resistant construction;
(c) all equipme
(a) In every factory there shall be provided and maintained adequate and suitable fire fighting equipment for fighting fires in the early stages, those being referred to as first-air fire fighting equipment in this rule.
2. Subs. by the notification no. 340 L.W./L.W./IR-4/85 dated 2nd April 1986.
(b) The types of first-aid fire fighting equipment to be provided shall be determined by considering the different types of fire risks which are classified as follows:
A. "Class A fire"-Fire due to combustible materials such as wood, textiles, paper rubbish and the like:
(i) Light hazards-Occupancies like offices, assembly halls, canteens, rest-rooms, ambulance rooms and the like:
(ii) "Ordinary hazards’-Occupa
There shall be exhibited, in English and in the language of the majority of the workers, a notice prohibiting smoking and use of naked lights, in any place where they would be dangerous, or where the Inspector may require, and all other reasonable precautions against fire shall be taken.
Rules prescribed under section 41 A (1) and 112.
(1) Constitution: The following provisions shall govern the functioning of the Site Appraisal Committee, hereinafter referred to in these rules as the ’Committee’ :-
(a) The State Government may constitute a Site Appraisal Committee and reconstitute the Committee as and when necessary.
(b) The State Government may appoint a senior official of the Factories Directorate, preferably with qualification in Chemical Engineering to be the Secretary of the Committee and the following as members of the Committee:
(i) A representative of the Directorate of Fire Services, West Bengal;
(ii) A representative of the Directorate of Industries, West Bengal; and
(iii) A representative of the Director General of Factory Ad
(1) The occupier of every factory, otherwise than specified in sub-rule (2), shall prepare a written statement of his policy in respect of health and safety of workers at work.
(2) The requirement of sub-rule (1) shall not apply to factories-
(a) covered under section 85 of the Act;
(b) covered under section 2 (m) (i) of the Act wherein less than 50 workers are employed; and
(c) covered under section 2(m) (ii) of the Act wherein less than 100 workers are employed:
Provided that they are not carrying on any process activity or operation declared to be dangerous under section 87 of the Act or specified in the First Schedule to Section 2 (cb) of the Act.
(3) Notw
(1) in every factory
(a) wherein 250 or more workers are ordinarily employed; or
(b) which carries on any process or operation declared to be dangerous under section 87 of the Act; or
(c) which carries on hazardous process as defined under section 2 (cb) of the Act; There shall be a safety committee.
(2) The representatives of the management on Safety Committee shall include-
(a) a senior executive, who by his technical qualification and position in the organisation can contribute effectively to the functioning of the Committee, shall be the Chairman;
(b) a Safety Officer and a Factory Medical Officer wherever available and in such a case the Safety Officer s
(1) The occupier of every factory involving a ’hazardous process’ shall arrange to obtain or develop information in the form of Material Safety Data Sheet (MSDS) in respect of every hazardous substance or material used, manufactured, stored, handled or transported in the factory. It shall be accessible upon request to a worker for reference and shall be kept readily available to the Inspector.
(a) Every such Material Safety Data Sheet shall be maintained as nearly as possible in Form No.32 and shall include the following information:
(i) the identity used on the label;
(ii) the chemical name with molecular formula and its synonyms, if any;
(iii) hazardous ingredients of the substance;
(iv) physical and ch
(1) The occupier of a factory carrying on a hazardous process shall supply to all workers the following information in relation to use and handling of hazardous materials or substance in the manufacture, transportation, storage or other processes :
(a) requirements of sections 41B, 41C and 41H of the Act;
(b) a list of ’hazardous processes’ carried on in the factory;
(c) location and availability of all Material Safety Data Sheets as per rule 63D;
(d) physical and health hazards arising from the exposure to or handling of substance;
(e) measures taken by the occupier to ensure safety and to control health hazards;
(f) measure to be taken by the workers to ensur
(1) The Occupier of every factory carrying on hazardous process shall furnish, in writing, the following information to the Chief Inspector and to the local Inspector:-
(a) a copy of all the information furnished to the workers, and
(b) a copy of compilation of Material Safety Data Sheets in respect of hazardous substances used, produced or stored in the factory.
(2) The occupier shall also furnish any other information as may be asked for by the Chief Inspector for the purpose of this Act and the rules made thereunder.
Section R.63(f) of the West Bengal Factories Rules, 1958, pertains to specific procedural or substantive obligations imposed on factories, particularly concerning safety, health, or administrative compliance. It forms part of the detailed regulatory framework under the Factories Rules aimed at ensuring safe and lawful operation of factories in West Bengal. Understanding its scope and implications is essential for compliance and legal validity.
While the exact wording of R.63(f) is not provided here, based on analogous provisions and judicial interpretations, it generally prescribes duties or procedural requirements related to factory safety, notification of accidents, or compliance with safety standards. It may specify obligations such as reporting accidents forthwith, maintaining records, or ensuring safety measures are in place.
Note: The interpretation and application of Section R.63(f) are based on judicial pronouncements and analogous provisions, as the exact text is not provided here.
(1) The information furnished under rules 63E and 63F shall include the quantity of the solid and liquid wastes generated per day, their characteristics and the methods of treatment such as incineration of solid wastes, chemical and biological treatment of liquid wastes and the arrangements for their final disposal.
(2) It shall also include information on the quality and quantity of gaseous waste discharged through the stacks or other openings, and arrangements such as provision of scrubbers, cyclone separators, electrostatic precipitators or other such arrangement made for controlling pollution of the environment.
(3) The occupier shall also furnish the information prescribed in the sub-rules (1) and (2) to the State Pollution Control Boards.
(1) The occupier shall review at least once in every calendar year and modify, if necessary, the information furnished under rules 63E and 63F to the workers and Chief Inspector.
(2) In the event of any change in the process or operations or methods of work or when any new substance is introduced in the process or in the event of a serious accident taking place, the information so furnished shall be reviewed and modified to the extent necessary.
(1) The occupier of a factory carrying on ’hazardous process’ shall disclose all information needed for protecting safety and health of the workers to (a) his workers; and (b) Chief Inspector as required under rules 63E and 63F. If the occupier is of the opinion that the disclosure of details regarding the process and formulations will adversely affect his business interests, he may make a representation to the Chief Inspector stating the reasons for which such details should be withheld. The Chief Inspector shall give an opportunity to the occupier of being heard and pass an order on the representation.
(2) An occupier aggrieved by an order of the Chief Inspector may, within thirty days of the order so passed, prefer an appeal against it to the State Government. The State Government shall give the opportunity to the occupier of being heard and pass an order. The order of the State Government shall be final.
(1) Every worker employed in a ’hazardous process’ shall be medically examined by a qualified medical practitioner hereinafter referred to as Factory Medical Officer, in the following manner :
(a) once before employment, to ascertain his physical fitness to do the job;
(b) once in period every six months, to ascertain his health status in respect of the occupational health hazards to which he is exposed or at a shorter interval, if in the opinion of the Medical Inspector or of Factories it is necessary to do so; and
(c) the details pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register in Form 17.
(2) No person shall be employed for the first time in the factory unless a Certificate of F
(1) The occupier of a factory carrying on a ’hazardous process’ shall provide and maintain in good order in Occupational Health Centre with the services and facilities as per scale laid down hereunder -
(a) For factories employing upto 50 workers.
(i) the services of a Factory Medical Officer shall be available to carry out the pre-employment and post-employment periodical medical examination as stipulated under rule 63J and to render medical assistance as and when required;
(ii) there shall be a minimum of 5 persons trained in first-aid procedures of whom at least one person shall always be available during the working hours; and
(iii) there shall be fully equipped first-aid box for the use of the workers.
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(1) In any Factory carrying on a ’hazardous process’ there shall be provided and maintained in good condition, a suitably constructed ambulance van equipped with items as per sub-rule (2) and manned by a full time driver-cum-mechanic and a helper trained in first-aid, for the purposes of transportation of serious cases of accidents or sickness. The ambulance van shall not be used for any purpose stipulated herein and will normally be stationed at or near the Occupational Health Centre. Provided that a factory employing less than 250 workers, may make arrangements for procuring such facility at short notice from a nearby hospital or other places, to meet any emergency.
(2) The Ambulance should have the following equipments :
(a) General.
(i) wheeled stretcher with folding and adjusting devices;
In every factory carrying out a ’hazardous process’ the following shall be provided and maintained to meet any emergency :
(a) Readily accessible means of water for washing by workers as well as for drenching the clothing of workers who have been contaminated with hazardous and corrosive substance and such means shall be as per the scale shown in the table below :
Table
No. of persons employed at any time No. of drenching showers
(i) Upto 50 workers 2
(ii) Between 51 to 200 workers 2 + 1 for every additional 50 or part thereof.
(iii) Between 201 to 500 workers 5 + 1 for every additional 100 or part thereof.
&n
(1) The occupier of every factory carrying on a ’hazardous process’ shall make accessible the health records including the record of worker’s exposure to hazardous process or, as the case may be, the medical records of any worker for his perusal as laid down hereunder.
(a) Once in every period of six months or immediately after the medical examination, whichever is earlier;
(b) If the Factory Medical Officer or the Certifying Surgeon, as the case may be, is of the opinion that the worker has manifested signs and symptoms of any notifiable disease as specified in the third schedule of the Act;
(c) If the worker leaves the employment;
(d) If anyone of the following authorities so direct
(i) the Inspector of
(1) All persons who are appointed or required to supervise the works involving manufacture, use, storage and handling of hazardous substances shall possess the following qualification and experience :-
(a) (i) a degree in Chemistry or Diploma Chemical Engineering or Technology with 5 years’ experience; or
(ii) a Master’s degree in Chemistry or a degree in Chemicals Engineering or Technology with 2 years’ experience.
(2) The syllabus and duration of the above training and the Organisations conducting the training shall be approved by the Director-General, Factory Advice Service and Labour Institute (DGFASLI), Govt. of India or the State Government.
For the purpose of compliance with the requirements of sub-section (1), (4) and (7) of section 41B or section 41C of the Act the Chief Inspector may issue guidelines from time to time to the occupier of a factory carrying on a ’hazardous process’ if, in his opinion, it is deemed necessary. Such guidelines may be based on National Standards, Codes of Practice, or recommendations of International Bodies such as International Labour Organisation, World Health Organisation etc.
Rule prescribed under sub-section (2) of section 42.
(1) There shall be provided and maintained in every factory for the use of employed persons adequate and suitable facilities for washing which shall include soap and nail brushes or other suitable means of cleaning and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.
(2) Without prejudice to the generality of the foregoing provisions the washing facilities shall include-
(a) a trough with taps or jets at intervals of not less than 61 cm., or
(b) wash basins with taps attached thereto, or
(c) taps on stand-pipes, or
(d) showers controlled by taps, or
(e) circular troughs of the fountain type, provided that the
The first-aid boxes or cupboards shall be distinctively marked with a red cross on white background and shall contain the following equipments :
(a) For factories in which the number of persons employed does not exceed ten, or in the case of factories in which mechanical power is not used, does not exceed fifty persons, each first aid box of cupboard shall contain the following equipments:
(i) Six small size sterilised dressings.
(ii) Three medium size sterilised dressings.
(iii) Three large size sterilised dressings.
(iv) The large size sterilised burn dressings.
(v) One (60 ml) bottle of centrimide solution (1%) or a suitable antiseptic solution.
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(1) Every ambulance room shall be under the charge of at least one wholetime qualified medical practitioner (hereinafter referred to as medical officer) assisted by at least one qualified nurse or dresser-cum-compounder and one nursing attendant in each shift;
Provided that where a factory works in more than one shift, the Chief Inspector, if he is satisfied that on account of the size of the factory, nature of hazards or frequency of accidents, it is not necessary to employ a whole-time medical officer for each shift separately, may, with the previous approval of the State Government grant exemption from the provisions of this sub-rule and permit employment of only one whole-time medical officer for more than one or all shifts subject to the conditions that-
(a) there shall be no relaxation in respect of nursing staff; and
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(1) A notice containing the names of the persons working within the factory and who are trained in first air treatment and are in charge of the first aid boxes or cupboards and the names of their work places shall be displayed conspicuously near each such box or cupboard.
(2) In case of an ambulance room, the notice under sub-rule (1) shall further indicate the name, address and telephone number of the medical practitioner in charge and it shall be displayed conspicuously at or near the main entrance to the ambulance room,]
Section R.66(a) of the West Bengal Factories Rules, 1958, pertains to the requirements for first aid arrangements within factories, emphasizing the importance of immediate medical assistance in case of accidents or health emergencies. The provision aims to ensure the safety and well-being of factory workers by mandating proper notice and arrangements for first aid.
Section R.66(a) mandates that a notice must be displayed within the factory containing the names of persons working within the factory who are responsible for providing first aid. This notice is intended to facilitate quick access to first aid personnel during emergencies.
The section applies to all factories covered under the West Bengal Factories Rules, 1958, requiring them to inform workers about the designated first aid personnel. It emphasizes transparency and preparedness for emergencies, ensuring workers are aware of whom to approach for immediate medical assistance.
The specific rules regarding penalties or punishments for non-compliance with R.66(a) are not explicitly detailed in the available sources. However, generally, violations of safety provisions under the Factories Rules may attract penalties, including fines or other administrative actions, as per the overarching provisions of the Factories Act, 1948.
Note: The specific punishment provisions for violations of R.66(a) are not explicitly detailed in the available sources, but general safety violations under the Factories Act may attract penalties as per applicable laws.
(1) The occupier of every factory wherein more than two hundred and fifty workers are ordinarily employed shall be provided in or near the factory an adequate canteen according to the standards prescribed in these rules.
(2) 3[ * * *]
3. Omitted by the W.B. Factories (Amendment) Rules, 1991
(3) The canteen building shall be situated not less than 4[15] metres from any latrine, urinal, boiler house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes:
4. Subs. by ibid
Provided that the Chief Inspector may in any particular factory relax the provisions of this sub-rule to such extent as may be reasonable in the circumstances and may require measures to be adopted to secure the es
(1) The dining hall shall accommodate at a time at least 30 per cent. Of the workers at a time:
Provided that in any particular factory or in any particular class of factories, the Chief Inspector may, by an order in writing in this behalf, alter the percentage of workers to be accommodated.
(2) 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 0.93 sq. metres per dinner to be accommodated as prescribed in sub-rule (1).
(3) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.
(4) Sufficient ta
(1) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.
(2) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for cleaning of utensils and equipment.
(1) Food, drink and other items served in the canteen shall be sold on a nonprofit basis and the prices charged shall be subject to the approval of the Canteen Managing Committee:
[Provided that where a canteen is managed by Workers’ Co-operative Society, the prices to be charged may include a margin of profit upto a maximum of five percent of its working capital subject to its approval by Canteen Managing Committee.]
1. Added by the W.B. Factories (Amendment) Rules, 1991
2[(1A) In computing the prices referred to in sub-rule (1) the following items of expenditure shall not be taken into consideration, but shall be borne by the occupier:
(a) the rent for the land and building;
(b) the depreciation and m
(1) All books of account, registers and any other documents used in connection with the running of the canteen shall be produced on demand to an Inspector.
(2) The accounts pertaining to the canteen shall be audited once in every twelve months, by registered accountants and auditors. The balance sheet prepared by the said auditors shall be submitted to the Canteen Managing Committee not later than two months after the closing of the audited accounts:
Provided that the accounts pertaining to the canteen in a Government factory having its own Accounts Department, may be audited by such Department:
++[Provided further that where the canteen is managed by a co-operative society registered under the Co-operative Societies Act, the account pertaining to such canteen shall be audited in accordance wi
(1) The manager shall consult the Canteen Managing Committee from time to time as to-
(a) the quality and quantity of foodstuffs to be served in the canteen;
(b) the arrangement to the menus;
(c) times of meals in the canteen; and
(d) any other matter as may be found necessary for the purpose of efficient administration of the canteen.
(2) The Canteen Managing Committee shall consist of an equal number of person nominated by the manager and elected by the workers. The number of elected worker shall be in the proportion of 1 for every 1,000 workers employed in the factory, provided that in no case shall there be more than 5 or less than 2 workers on the Committee.
&n
+[(1) The shelter, or rest rooms and lunch rooms shall confirm to the following standards
3[X x x]
3. Omitted by ibid
(a) The building shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof. The floor and walls to a height of 91 cm. shall be so laid or furnished as to provide a smooth, hard and impervious surface.
3(b) (i) The building shall accommodate at in time at least 10 percent, of the workers working at a time:
3. Omitted by ibid
Provided that, in particular factory or in any particular Class of factories, the Chief Inspector may, by an order in writing in this behalf, alter or rel
(1) The creche shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonable practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or odours are given off or in which excessively noisy processes are carried on. Plan and site plan, in duplicate, of the building to be constructed or adopted, shall be submitted for the approval of the Chief Inspector.
(2) The building in which the creche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof. The floor and internal walls up to a height of 1.22 metres from the floor of the creche shall be so laid or finished as to provide a smooth impervious surface.
(3) The height of the rooms in the building shall be
1[(1)] There shall be in or adjoining the creche a suitable wash room for the washing of the children and their clothing. The wash room shall conform to the following standards.
(a) The floor and internal walls of room to a height of 91 cm. shall be so laid or furnished as to provide a smooth impervious surface. The room shall be adequately lighted and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition.
(b) There shall be at least one basin or similar vessel for every four children accommodated in the creche at one time together with a supply of water provided, if practicable, through taps at the rate of at least 23 litres per child per day.
(c) An adequate supply of clean cloths, soap and clean towels shall be made available for each child while
At least ¼litre of clean pure milk shall be available for each child on every day it is accommodated in the creche and the mother of such a child shall be allowed in the course of her daily work 2 intervals of at least 15 minutes each to feed the child. For children above two years of age there shall be provided in addition an adequate supply of wholesome refreshment.
The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.
(1) In a factory where the number of married women or widows employed does not exceed 15, or where the factory works for less than 180 days in a calendar year, or where number of children kept in the creche was less than 5 in the preceding year, the Chief Inspector may exempt such a factory from the provisions of section 48 of the Act and the rules 74 to 77 made thereunder if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.
(2) The alternate arrangements as stipulated in sub-rule (1) shall include a creche building which shall have a minimum accommodation at the rate of 186 square metres per child and be provided with
(a) suitable wash-room for washing of the children and their clothing.
(b) adequate supply of soap and clean towels and
(1) Except in the case of workers engaged in any work which for technical reasons must be carried on continual throughout the day, the compensatory holidays to be allowed under sub-section (1) of section 53 of the Act shall be so spaced that not more than two holidays are given in one week.
(2) The Manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the month in which they are due or the two subsequent months and of the dates thereof, at the place at which the notice of periods of work prescribed under section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.
(3) No worker shall be discharged or dismissed
The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other article shall be computed at the end of every wage period fixed under the provisions of the Payment of Wages Act, 1936.
(1) For the purpose of computing cash equivalent of the advantage accruing thought the concessional sale to a worker of foodgrains and other articles, the difference between the value of food grains and other articles at which these were purchased by the factory and the value of foodgrains and other articles supplied at concessional rates shall be calculated and allowed for the number of overtime hours worked.
This sub-rule shall not apply to any Railways factories whose alternative method of computation has been approved by the State Government.
(2) The Manager of every factory in which workers are exempted under section 5, 64, 65 or 86 from the provisions section 51 or section 54 shall keep a muster-roll as nearly as possible in From No.11 showing the normal piecework rate of pay or rate of pay per hour of all exempted employees. In t
An adult worker employed in one factory may work on the same day in one or more other factories, provided that-
(a) he does not thereby change his employer;
(b) unless working under the provisions of rule providing for the exemption of workers engaged on urgent repairs made under clause (a) of sub-section (2) of section 64, he does not work for longer periods or for more hours than he might legally have worked in the factory in which he is employed;
(c) any time spent in traveling between one factory and another shall be deemed to be time during which he has worked; and
(d) in computing any pay due to the worker for overtime the total of all hours worked by him in any factory, including any time necessarily spent in traveling between one factory and
The notice of periods of work for adult workers shall be as nearly as possible in Form No.12, Form No.12A or Form No.12B as the case may be.
The Register of adult workers shall be as nearly as possible in Form No. 13 and shall be maintained in accordance with the following provisions :
(1) For each group of workers classified under section 61, a separate part of the register shall be maintained.
(2) Where a worker is transferred from one group to another or from one relay to another, the following particulars of his transfer shall be entered against his name:
(a) Under the group from which he has been transferred
(i) the date and actual time of finishing work in the group or relay, and
(ii) the group or relay to which he has been transferred, and
(b) under the group to which he has been transferred.
The Notice of periods of work for child workers shall be as nearly as possible in Form No.12, Form No.12A, or Form No.12B as the case may be.
The Register of child workers shall be as nearly as possible in Form No.14 and shall be maintained in accordance with the following provisions:-
(1) For each group of children classified under section 61, a separate part of the register shall be maintained.
(2) Where a child is transferred from one group to another, or from one relay to another the following particulars of his transfer shall be entered against his name:
(a) Under the group from which he has been transferred-
(i) the date and actual time of finishing work in the group or relay, and
(ii) the group or relay to which he has been transferred, and
(b) under the group to which he has been transferred
No child under the age of 14 years shall be permitted within the workroom and godowns of any factory at any time during which work is carried on.
The cash equivalent of the advantage accruing through the concessional sale of foodgrains and other articles payable to a worker proceeding on leave shall be the difference between the value of foodgrains and other articles at which these were purchased by the factory and the value at the concessional rates of foodgrains and other articles to which he is entitled.
(1) The Manager shall keep an up-to-date Register as nearly as possible in Form No.15 hereinafter called the Leave with Wages Register:
Provided that if the Chief Inspector is one the opinion that any muster-roll or register maintained as part of the routine of the factory, or return made by the Manager, gives, in respect of any or all of the workers in the factory, the particular required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster-roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under the Rule in respect of that factory.
(2) The Leave with Wages Register shall be preserved for a period of three years after the last entry in it shall be produced before the inspector on demand.
(1) Manager shall provide each worker with a book as nearly as possible in Form No.16 (hereinafter called the Leave Book). The Leave Book shall be the property of the worker and the Manager or his agent shall not demand it except to make relevant entries therein whenever necessary and shall not keep it for more than a week at a time. All entries in the Leave Book shall be made in ink, shall be legible, and shall be maintained up-to-date.
(2) If a worker loses his Leave Book, the Manager shall provide him with another copy on the payment of six paise, and shall complete it from his record.
If any worker is absent from work due to his illness and wants to avail himself of the leave with wages due to him to cover the whole or part of the period of his illness, under the provisions of sub-section (7) of section 79, he shall, if required by the Manager, produce a medical certificate signed by a registered medical practitioner or by a registered or recognised vaid or hakim stating the cause of the absence and the period for which the worker is in the opinion of such medical practitioner, vaid or hakim unable to attend his work.
The occupier or manager of every factory shall give to the Inspector a notice of every case of layoff as soon as possible, and of every intended closure of the factory or any section or department thereof, immediately after the closure of the factory or any section or department thereof, immediately after the closure is decided upon, stating the reason for the layoff or closure, the number of workers working in the factory, section or department, as the case may be, on the date of the notice, the number of workers on layoff or likely to be unemployed on account of the closure and the possible period of the closure.+[Information as to the particulars and quantity of stored chemicals and action taken or proposed to be taken to ensure safety from those chemicals while in storage during such closure shall also be furnished alongwith the report of intended closure.]. The occupier or manager shall also send a working again, stating the number of workers employed Entries to
(1) In a factory where leave scheme has been drawn up in accordance with sub-section (1) and (9) of section 79 of the Act, the Manager shall, by a notice displayed at the place at which the notice of the periods of work required by section 61 is displayed, fix the dates on which leave with wages shall be allowed to each worker or group of workers including any worker who has accumulated his leave. This date shall not, in an individual case, be earlier than two weeks from the date of notice unless the worker agrees to take the leave earlier. The necessary entries shall be made in the Leave with Wages Register and the Leave Book of the worker concerned.
(2) As far as circumstances permit, members of the same family, comprising husband, wife and children shall be allowed leave on the same date.
(3) The manager may alter the dates fixed for
2[(1)] If a worker dies before availing himself of leave with wages due to him, his leave pay shall be paid to his 3[nominee] within one week of the receipt of intimation of the death of the worker. 4[For this purpose each worker shall submit a nomination in Form 16A duly signed by himself and attested by two witnesses. The nomination shall remain in force until it is cancelled or revised by another nomination]
2. Renumber sub. rule 1 by the W.B. Factories (Amendment) Rules, 1991.
3. Subs. by ibid.
4. Inserted by ibid.
4[(2) Where an exemption is granted under Section 84 of the Act, a copy of the order shall be fixed with the Registers and other records as are required to be maintained under the rules or as permitted by the order to show the positi
(1) 1[The following manufacturing process or operation] when carried on in any factory are declared to be dangerous 2[* * *] under section 87.
1. Sub Rules (2) (3) & (4) rule 93 inserted by the W.B. Factories Amendment Rules. 1991 and Rules 93
2. Omitted by ibid.
(a) Manufacture of aerated water and processes incidental thereto.
(b) Electrolytic plating or oxidation of metal articles by use of an electrolyte containing chromic acid or other chromium compounds.
(c) Manufacture or repair of electric accumulators.
(d) Glass manufacture.
(e) Grinding or glazing of metals.
(f)
When there occurs in any factory an accident to any person which results in (a) death, or (b) such injury that there is no reasonable prospect that he will be able to resume his employment in the factory within 20 days, such accidents shall be called in all prescribed communications "Fatal" or "Serious" as the case may be, and the Manager of the Factory shall give notice of the occurrence forthwith by telephone, telegram or special messenger to-
(1) the Inspector of Factories,
(2) the District Magistrate or, if the District Magistrate by order so directs, the Sub-divisional Officer.
(3) the Commissioner for Workmen's Compensation appointed under section 20 of the Workmen's Compensation Act, 1923.
(4) the relatives of the injured or deceased person,
When there occurs in any factory an accident to any person less serious than those described in rule 95 but which prevents or is likely to prevent him from resuming the employment in the factory within 48 hours after the accident occurred, such accident shall be recorded by the manager of the factory and reported by him in Form No. 18 as soon as practicable, but in any case with 72 hours of its occurrence to the authorities mentioned in clauses (1), (2) and (3) of rule 95. Such accidents shall be called in prescribed communications "minor accidents".
(1) When an accident which has been reported to the Inspectors as either "Serious" or "Minor" afterwards proves to be "Fatal", the manager of the factory shall make the necessary correction in a supplementary report which shall be sent forthwith to the authorities mentioned in clauses (1), (2), (3) and (4) of rule 95.
(2) When an accident which has been reported to the Inspector as "Minor" afterwards proves to be "Serious" the manager of a factory shall make the necessary correction in a supplementary report which shall be sent forthwith to the authorities mentioned in clauses (1), (2), (3) and (4) of rule 95.
Where loss of life has immediately resulted from an accident, the place where the accident occurred shall be left as it was immediately after the accident until the expiration of at least three days after the time when the notice required under rule 95 was given, until the visit to the place by an inspector, whichever first happens, unless compliance with rule would tend to increase or continue the danger.
(1) The following occurrences in a factory, whither or not attended by personal injury or disablement, are declared as dangerous occurrences :-
(a) bursting of a plant used for containing or supplying steam under pressure greater than atmospheric pressure;
(b) explosion of a receiver or container used for the storage at a pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas;
(c) explosion, fire, bursting out, leakage or escape of any molten metal, or hot liquor, or gas;
(d) collapse or serious accident of any plant, machinery, hoist, lift, lifting Machine, lifting tackle, and the over turning of a crane; and
(e) collaps
A notice as nearly as possible in Form No. 20 should be sent forthwith both to the Chief Inspector and to the Certifying Surgeon, by the manager of a factory in which there occurs a case of lead, phosphorus, mercury, manganese, arsenic, carbon bisulphide or benzene poisoning, or poisoning by nitrous fumes, or by halogens or halogen derivatives of the hydrocarbons of the aliphatic series; or of chrome ulceration anthrax, silicosis, toxic anaemia, toxic jaundice, primary epitheliomatons cancer of the skin, or pathological manifestations due to radium or other radio-active substance or X-rays.
1[(1) An appeal presented under section 107 shall be with Chief Inspector, or in case where the order appealed against is an order passed by that officer, with the State Govt. or with such authority as the State Government may appoint in this behalf and shall be in the form of memorandum setting forth concisely the ground of objection to the order and bearing court-fee stamps in accordance with Article 11 of Schedule II to the Court-fee Act. 1870, and shall be accompanied by a copy of the order appealed against.]
1. Subs. by W.B. Factories (Amendment) Rules, 1991.
(2) On receipt of the memorandum of appeal, the appellate authority shall, if the appellant has requested that the appeal should be heard with aid of assessors, call upon the appellant to deposit an amount to be fixed by him for payment to the assessors, if necessary, after con
The abstract of the Act and of the rules required to be displayed in every factor shall be as nearly as possible in Form No. 21.
The manager of every factory shall furnish to the Inspector or other officer appointed by the State Government in this behalf the following returns, namely :-
(1) Annual return.-
Not later than the 31st January of the year subsequent to that to which it relates, an annual return, in duplicate, as nearly as possible in Form No. 22.
(2) Half-yearly return.-
Not later than the 15th July of each year, in duplicate, and as nearly as possible in Form No.23, for the period January to June of that year.
1[(2a)* * *]
1. Deleted by the W.B. Factories (Amendment) Rules, 1991.
2[(3) Quaterly return - Not later than 15th of the m
The despatch by post under registered cover of any notice or order shall be deemed sufficient service on the occupier, owner or Manager of a factory of such notice or order.
The occupier, owner or Manager of a factory shall furnish any information that an Inspector may required for the purpose of satisfying himself whether any provision of the Act has been complied with or whether any order of an Inspector has been duly carried out. Any demand by an Inspector for any such information, if made during the course of an inspection, shall be complied with forthwith if the information is available in the factory, or, if made in writing, shall be complied with within seven days of receipt thereof.
The occupier or Manager of every factory shall produce before the Inspector on his demand any record, documents, form, register etc. kept maintained in pursuance of any provision of the Act and the rules framed thereunder.]
1. Inserted by the W.B. Factories (Amendment) Rules, 1991.
The manager of every factory shall maintain a Register of all accidents and dangerous occurrences, which occur in the factory, as nearly as possible if Form 24. Such register shall be maintained up-to-date and kept available in the factory for examination by an Inspector at all times during working of the factory.]
2. Subs. by ibid.
All certificates, order, letter, reports or other documents issued by an Inspector or other officer duly appointed in this behalf by the Government or by a local authority with respect to the fitness or safety of the factory or any portion of its buildings, works, plant, machinery apparatus or ways, or with respect to the fitness or workers employed in the factory shall be properly filed and preserved for a period of three years and shall be available in the factory for examination by the Inspector.
In respect of any worker of a factory, when it is necessary to carry out any clinical or other tests for the purpose of a medical examination specified under any provision of the Act and the rules framed thereunder, the cost of such test or tests shall be borne by the occupier of the factory and shall not be recovered from that worker.]
1. Inserted by the W.B. Factories (Amendment) Rules, 1991.
Any licence granted, notification issued, order made or anything done under any of the provisions of the West Bengal Factories Rules, 1949, shall, unless inconsistent with these rules, be deemed to have granted, issued, made or done under the corresponding provisions of these rules.
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