ABSTRACT

Acts and Rules –The Factories Act, 1948-Amendments to Tamil  Nadu Factories Rules, 1950-Preliminary Notification-Confirmed.


Labour and  Employment  (M2) Department

G.O.Ms.No.127.
Dated 31.08.2005

Read:-

1. G.O.Ms.No. 187 Labour & Empt. dated 15.7.2004.

2. From the CIF., Letter No. B1/22794/99 dated 3.11.2004.

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ORDER:- 

The appended Notification will be published  in the Tamil Nadu  Government Gazette both in English and Tamil .

2. The Secretary to Government , Tamil Development Culture  and Religious Endowment  (Translation) Department, Chennai.9 is requested to supply the Tamil Translation of Notification to the Works Manager, Government Central Press, Chennai.60079.

3. The Works Manager, Government Central Press, Chennai.600079 is requested to send 5 copies of the Gazette Notification to Government for record.

(BY ORDER OF THE GOVERNOR)

RAMESH KUMAR KANNA,
SPECIAL SECRETARY TO GOVERNMENT.

To

The  Works Manager, Government Central Press, Chennai.79.

(2 copies) (for publication in the TNGG)

The Secretary to Government, Tamil Development  Culture  and Religious Endowments (Translation ) Department, Chennai.9. ( 2 copies)

The Chief Inspector of Factories, Chennai.5.

Copy to:

All Collectors.

All Heads of Departments.

All Corporation Commissioners.

The Government of India, Ministry of Labour, New Delhi.

The Deputy Finance Advisor (Factories), Government of India, Ministry of Finance, 6, Esplanade (East) Calcutta.

The Director General, Factory Advice Service and Labour Institute, CLI Building Zion, Mumbai.

The Director, Tamil Nadu Institute of Labour Studies, Chennai.5.

The Legislative Assembly, Secretariat, Chennai.9.( 45 copies for   placing before the Committee on Delegation legislation)

The Law Department, Chennai.9

Forwarded/by order.

Section Officer.

APPENDIX.

NOTIFICATION-i.

In exercise of the powers conferred by section 87 and section 112  of the Factories Act, 1948 (Central Act LXIII of 1948), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Factories rules, 1950, the same having been previously published as required by section 115 of the said Act.

AMENDMENTS.

in the said Rules, in rule 95,-

(1)     In Schedule XXIII,-

(i) for the heading, the following heading shall be substituted, namely:-

“Process of Extracting Oils and Fats in Solvent Extraction Plants”;

(ii)   in paragraph  1, in clause (d), the expression “from vegetables and animal sources” shall be omitted;

(2)     in Schedule XXIV, in paragraph 10, in sub-paragraph (g), after the expression ”knives, scissors”, the expression “hinges, latches” shall be inserted;

(3)  in Schedule XXXII, in paragraph1,-

(i)   in clause (c) after the expression “non-ferrous metal”, the expression  “and /or ferrous metal” shall be inserted;

(ii)   in clause (c), sub-Clause (d) shall be omitted.

/True copy/

Section officer.

NOTIFICATION-II.

In exercise of the powers conferred by section 112 of the Factories Act, 1948 (Central Act LXIII of 1948), the governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Factories Rules, 1950, the same having been previously published as required by section 115 of the said Act.

AMENDMENTS.

In the said Rules,-

(1) in rule 2,-

(i)  in the proviso to clause (c), for the expression  “80 degrees”, the expression “26,7  degrees” shall be substituted;

(ii)   in clause (e) , for the expression “Fahrenheit scale” , the expression “Celsius scale” shall be substituted;

(2) in rule 23,-

(i)  in sub-rules (6) and (8) for the expression  ’50 and 120 degrees”, the expression “10  and  48.9 degrees” shall be substituted;

(ii)   in sub-rule  (7).-

(a)  for the expression “50 degrees upto 120 degrees”, the expression “10 degree upto 48.9 degrees” shall be substituted;

(b)  for the expression “50, 60, 70, 80, 90, 100, 110 and 120”, the      expression “10, 15.6, 21.1, 26.7, 32.2, 37.8, 43.3 and 48.9” shall be  substituted;

(3) in rule 60, in clause (c), in sub-clause (i) , for the expression “150 F”,

the expression “65.6 F,  shall be substituted;

(4)  in rule 103-B , for the expression “time card” wherever it occurs, the expression “service card” shall be substituted;

(5)  in FORM No. 25-B , for the expression “TIME CARD”,  the expression “SERVICE CARD” shall be substituted.

/True copy/

Section Officer.

NOTIFICATION-III.

In exercise of the powers conferred by section 43 and section 112 of the Factories Act, 1948 (Central Act LXIII of 1948), the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Factories Rules, 1950, the same having been previously published as required by section 115 of the said Act.

AMENDMENT.

In the said Rules, in rule 62-A, in THE SCHEDULE, after the class of factory  “Dyeing Works”, the following class of factory shall be added, namely:-

“Tea factories”.

/True copy/

Section Officer.

NOTIFICATION-IV.

In exercise of the powers conferred by section 46 and section 112 of the Factories Act, 1948 (Central Act LXIII of 1948), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Factories Rules, 1950, the same having been previously published as required by section 115 of the said Act.

AMENDMENTS.

In the said Rules,-

(1)   in rule 67-A , in clause (iv_ , after sub-clause (b) , the following sub-clause shall be added, namely:-

“(c) The certificate of Medical Examination of Canteen Staff shall be issued in Form No. 40”;

(2) after FORM No. 39 , the following FORM shall be added, namely:-

“FORM No.40”

PRESCRIBED UNDER RULE 67-A (c)

Medical Fitness Certificate for Canteen Staff.

(Prescribed under Rule 67A of the Tamil Nadu Factories Rules, 1950)

Sl.No.........

Date:

I hereby certify that I have made a personal Medical Examination of Thiru/Tmt. ...................................... Son of/Daughter of ................

who is employed in the factory canteen of .........................................

He/She is fit/unfit for employment as a worker in the factory canteen.

 The result of Medical Examination is as follows:

(1)   Urine

(2)   Blood

(3)   Faces

(4)   X-Ray test, if any, done

(5)   Any other examination/test done:

      (Name of such test and results to be given)

Worker’s Signature.                         Signature of the Certifying

                                                      Surgeon/Factory Medical Officer”.

/True copy/

Section Officer.

NOTIFICATION-V.

In exercise  of the powers conferred by section 12 and section 112 of the Factories Act, 1948 (Central Act LXIII of 1948), the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Factories Rules, 1950, the same having been previously published as required by section 115 of the said Act.

AMENDMENT.

In the said Rules, for rule 17, following rule shall be substituted, namely:-

“17. Disposal of trade wastes and effluents,- In every factory, effective arrangements shall be made for the treatment of wastes and effluents due to the manufacturing processes carried on therein and the arrangements so made shall be in accordance with those approved by the relevant authorities of Tamil Nadu Pollution Control Board appointed under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and the authorities of Department of Environment”.

/True copy/

Section Officer.

NOTIFICATION-VI.

In exercise of the powers conferred by section 88 and section 112 of the Factories Act, 1948 (Central Act LXIII of 1948 ), the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Factories Rules, 1950, the same having been previously published as required by section 115 of the said Act.

AMENDMENT.

In the said Rules, in FORM No. 18-B, for items 1 to 11 and the entries relating thereto, the following items and entries shall be substituted, namely:-

 “1.   Name of the factory:

  1. Address of the factory:

  2. Registration number of the factory:

  3. Running Serial Number of the accident in the factory and calendar year in respect of which this further report is now sent;

  4. Name of the person injured:

  5. Date and hour of accident:

  6. Date of return to work:

  7. Number of days the person injured was away from work:

  8. Details of disablement, if any:

  9. Percentage loss of earning capacity, if any:

 (Give reference to the medical certificate and enclose copy of the same)

11. Details of payment of disablement benefit where such payment is made by the employer himself:

(If the person injured is covered by Employees State Insurance Scheme, state so.)

12. If the person is still undergoing treatment, state the present position, where he is undergoing treatment, when he is likely to be fit to resume work, etc.  Even if the person injured is under treatment under the ESI Scheme the relevant information shall be obtained and furnished to the Inspector  by the Manager of the factory:

13. Any other relevant information”:

/True copy/

Section Officer.