1the punjab factory rules, 1952 as applicable in the state of haryana preliminary




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1THE PUNJAB FACTORY RULES, 1952 AS APPLICABLE IN THE STATE OF HARYANA

PRELIMINARY

1 . Short Title, Extent and Commencement (section 112).(1) These rules may be 2[called] as the Punjab Factory Rules, 1952.

3[(2) They shall extend to the territories which immediately before the 1st November 1956, were comprised in the States of Punjab and Patiala and East Punjab States Union.

(3) Except as hereunder provided with respect to certain rules these rules shall come into force at once:—

Rules 31 to 35 (Artificial Lighting) Six months after the enforcement of these Rules. Rule 55 (Safety Precautions) Six months after the enforcement of these Rules. Rule 68 (Washing Facilities) Three months after the enforcement of these Rules. Rule 70 (Ambulance Room) Three months after the enforcement of these Rules. Rule 71 to 77 (Canteens) Nine months after the enforcement of these Rules. Rule 78 (Shelters, etc.) Six months after the enforcement of these Rules. Rules 79—82 (Creches) Nine months after the enforcement of these Rules. Rule 102 (Special provision Six months after the enforcement of for these Rules. dangerous operations).

2. DEFINITIONS.—In these Rules unless there is anything repugnant in the subject or context:—

(a) “Act” means the Factories Act, 1948.

(b) “Appendix” means an appendix appended to these Rules.

(c) “Artificial humidification” means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process:



Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 4[26 degrees] or more shall not be deemed to be artificial humidification.

(d) “Belt” includes any driving strap or rope.



(e) “Degrees of temperature” means degrees on the 5[Celsius]’ scale.
1 Vide Punjab Government Notification No. 3686-LP-52/2600, dated 29th May, 1952.

2 Substituted, vide Haryana Government Notification No. 14/40/87-6 Lab dated 26th June, 1995.

3 Substituted by Punjab Government Notification No. 2372-VII-DS-Lab.-60/18362, dated

16th June, 1960.



4 Substituted vide Haryana Government Notification No. 14/40/87-6 Lab. dated 26 June, 1995.

5 Substituted vide Haryana Government Notification No. 14/40/87-6 Lab. dated 26 June,1995.

*In the amendment at S.N.I capitalisation error corrected i.e “celsius” written instead of “Celsius”.




The Punjab Factory Rules, 1952

(f) “Fume” includes gas or vapour.

(g) “Form” means form appended to these rules.

(h) “Health Officer means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the State Government in that behalf.

(i) “Hygrometer means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards constructions and maintenance.

(j) “Inspector” means an officer appointed under Section 8 of the Act and includes, “Chief Inspector”, Additional Inspector and the District Magistrate.

(k) “Maintained means maintained in an efficient state, in efficient working order and in good repair.

(l) “Manager means the person responsible to the occupier for the working of the factory for the purposes of the Act.

(m) “Family” means the wife, son, daughter, father, mother, brother and sister of the owner of any place wherein a manufacturing process is carried on who lives with or is dependent on such owner.

1 2[2-A. COMPETENT PERSON (sections 2 and 112).(1) The Chief Inspector may recognise any person as a ‘Competent Person’ within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the schedule annexed to this Rule:

Provided that the Chief Inspector may relax the requirements of qualifications in respect of a Competent Person, if such a person is exceptionally experienced and knowledgeable, but not the requirements in respect of the facilities at his command:

Provided further that where it is proposed to recognise a person employed under the Chief Inspector as a ‘Competent Person’, concurrence of the State Government shall be taken and such a person after being so recognised, shall not have powers of an ‘Inspector’.

1 Earlier Rule 2A was inserted by Punjab Government Notification No. 5365-VII-DS-Lab-60/

32924 dated 1st November, 1960.



2 Inserted, vide Haryana Government Notification No. G.S.R. 51 C.A. 63/48/S. 112 & 115/93, dated 27th August, 1993. Earlier Rule 2 A has been renumbered as Rule 3 and Rule 3 has been renumbered as Rule 3-A. New Rule 2-A has been inserted.



Provided further that the ‘Competent Person’ recognised under this provision shall not be above the age of 62 years and shall be physically fit for the purpose of carrying out the tests, examination and inspection.

(2) The Chief Inspector may recognise an institution of repute, having persons possessing qualifications and experience as set out in the schedule annexed to sub- rule (1) for the purposes of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, as Competent Person within such area and for such period as may be specified.

(3) The Chief Inspector on receipt of an application in the prescribed form from a person or an institution intending to be recognised as a ‘Competent Person’ for the purposes of this Act and the Rules made thereunder, shall register such application and within a period of 60 days of the date of receipt of application and after having satisfied himself as regards competence and facilities available at the disposal of the applicant either recognise the applicant as a ‘Competent Person’ and issue a certificate of competency in the prescribed form or reject the application specifying the reasons thereof.

(4) The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency,

(i) If he has reason to believe that a competent person—

(a) has violated any condition stipulated in the certificate of competency, or

(b) has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made thereunder; or has omitted to act as required under the Act and the Rules made thereunder;

(ii) Explanation: For any other reason to be recorded in writing. For the purpose of this rule an institution includes an organisation.

(5) The Chief Inspector may, for reasons to be recorded in writing, require recertification of lifting machinery, Lifting tackles, pressure plant or ventilation system as the case may be, which has been certified by a competent person outside the state.


The Punjab Factory Rules, 1952
FORM OFAPPLICATION FOR GRANT OF CERTIFICATE OFCOMPETENCYTOA PERSON UNDER SUB-RULE (1) OF RULE 2-A

1. Name


2. Date of Birth

3. Name of the Organisation

(If not self-employed)

4. Designation

5. Educational qualifications

(copies of testimonials to be attached)

6. Details of professional experience

(In chronological order)

Name of the Organisation Period of Service Designation Area of Responsibility
7. Membership, if any, of professional bodies.

8. (i) Details of facilities (examination, testing, etc.) at his disposal.

(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.

9. Purpose for which competency certificate is sought (section or sections of the

Act should be stated).

10. Whether the applicant has been declared as a competent person under any statute, (if so, the details).

11. Any other relevant information.

12. Declaration by the applicant.

I ........................ hereby declare that the information furnished above is true, I undertake— (a) that in the event of any change in the facilities at my disposal (either addition

or deletion) or my leaving the aforesaid organisation, I will promptly inform the Chief Inspector,

(b) to maintain the facilities in good working order, calibrated periodically as per manufacturer’s instructions or as per National Standards; and

(c) to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Place & Date Signature of the applicant


DECLARATION BYTHE INSTITUTION (IFEMPLOYED)

I, ........................................ certify that Shri ................................................... whose details are furnished above is in our employment and nominate him on behalf of the organisation for the purposes of being declared as a Competent Person under the Act. I also undertake that I will— (a) notify the Chief Inspector in case the competent person leaves our employment;

(b) provide and maintain in good order all facilities at his disposal as mentioned above; (c) notify the Chief Inspector any change in the facilities (either addition or deletion).

Signature.................................. Designation...............................

Date……………………….. Telephone No. ...........................

Official seal






FORM OFAPPLICATION FOR GRANT OFCERTIFICATE OFCOMPETENCY TOAN INSTITUTION UNDER SUB-RULE (2) OF RULE 2-A:

1. Name and full address of the organisation……………

2. Organisation’s status .....…………………………….

(Specify whether Government, Autonomous, Cooperative, Corporate or Private).

3. Whether the organisation has been declared as a Competent Person under this or any other statute. If so, give details. …………………………........

..............................................................................................................

..............................................................................................................

4. Purpose for which competency certificate is sought (specify section(s) of the Act)

...............................................................................................................

5. Particulars of persons employed and possessing qualifications and experience as set out in Schedule annexed to sub-rule (1) of Rule 2A.

Serial Name Qualification Experience Section (s) and the

No. and Rules under which



Designation competency is sought for

1.

2.



5. Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and periodical calibration.

6. Any other relevant information.

7. Declaration:

I,…………………... hereby, on behalf of ……………………..certify the details furnished above are correct to the best of my knowledge, I undertake to— (i) maintain the facilities in good working order, calibrated periodically as

per manufacturers instructions or as per National Standards; and

(ii) to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time.

Signature of Head of the Institution or of the person authorised to sign on his behalf

Place and Date………………… Designation……………………..




The Punjab Factory Rules, 1952
FORM OF CERTIFICATE OF COMPETENCY ISSUED TOAPERSON ORAN INSTITUTION IN PURSUANCE TO RULE 2A MADE UNDER SECTION 2 (CA)

I,……………………… in exercise of the powers conferred on me under Section 2 (ca) of the Act and the rules made thereunder, hereby recognise ………………. (name of the institution) Shri………………………….(Name of the person) employed in…………………........….…………………………………………

(Name of organisation) ....…..……………………………………………… to be a Competent Person for the purpose of carrying out tests, examinations, inspections and certification for such buildings, .dangerous machinery, lifts and hoists, lifting machines and lifting tackles, pressure plants, confined space, ventilation system and process or plant and equipment as the case may be, used in a factory located in

…………………………., under section……………. and the Rules made thereunder. This certificate is valid from…………………… to …………………… This certificate is issued subject to the conditions stipulated hereunder:—

(i) Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and the Rules made thereunder.

(ii) Tests, examinations and inspections shall be carried out under direct supervision of the competent person or by a person so authorised by an institution recognised to be a competent person.

(iii) The certificate of competency issued in favour of a person shall stand cancelled if the person leaves the organisation mentioned in his application.

(iv) The institution recognised as a competent person shall keep the Chief Inspector informed of the names, designations and qualifications of the persons authorised by it to carry out tests, examinations and inspections.

Station Official seal Date Signature of the Chief Inspector

Date…………...



Note: A separate certificate should be issued under each relevant section. A person or an institution may be recognised competent for the purpose of more than one section of the Act.

*Strike out the words not applicable.





1 3 . SUBMISSION OF PLANS. [section 6(1)]—The State Government or the Chief Inspector may require, for the purposes of the Act submission of plans of any factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since then. Such plans shall be drawn to scale showing—

(a) the site of the factory and immediate surroundings including adjacent building and other structures, road, drains, etc.;

(b) the plan elevation and necessary cross-sections of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire, and the position of the plant and machinery, aisles and passage- ways; and

(c) such other particulars as the State Government or the Chief Inspector, as the case may be, may require.”



23 A. APPROVAL OF PLANS [section 6(1)]—(1) No building shall be constructed on any site on which a factory is to be situated or for the extension or use as a factory or a part of a factory after the date of the commencement of these rules, unless previous permission in writing is obtained from the Chief Inspector of Factories.

(2) Application for such permission shall be made in Form No. 1 which shall be accompanied by the following documents 3[in triplicate] duly supported by plans and specifications certified by persons possessing the qualifications as hereinafter provided:—

(a) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages.

(b) Plan 4[***] drawn to scale showing; —

(i) the site of the factory and immediate surroundings including adjacent buildings and other structures, road, drains, etc.;

(ii) the plan elevation and necessary cross-sections of the various buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery, aisles and passage ways.

1Inserted, vide Haryana Government Notification No. G.S.R. 51 C.A. 63/48/S. 112 & 115/93, dated 27th August, 1993. Earlier Rule 2 A has been renumbered as Rule 3 and Rule 3 has been renumbered as Rule 3-A. New Rule 2-A has been inserted.

2Inserted, vide Haryana Government Notification No. G.S.R. 51 C.A. 63/48/S. 112 & 115/93, dated 27th August, 1993. Earlier Rule 2-A has been renumbered as Rule 3 and Rule 3 has been renumbered as Rule 3-A. New Rule 2-A has been inserted.

3Substituted, vide Punjab Government Notification No. 5365-VII-DS-Lab.60/32924, dated,

1st November 1960.



4Omitted by Punjab Government Notification No. 5365-VII-DS-Lab.-60/32924, dated 1st

November 1960.




The Punjab Factory Rules, 1952


1(c) Form No. 1-A;

1(d) Reply to the questionnaire annexed to Form No. 1-A;

1(e) Such other particulars as the Chief Inspector may require in relation to the application:

Provided that the occupier of the premises in use as a factory on the date of the commencement of these rules shall submit such application within 30 days of such commencement.

(3) If the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act, he shall, subject to such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plan or he may call for such other particulars as he may require to enable such approval to be given.

(4) The plans and specifications herein required shall be certified by a person possessing the qualification prescribed for a certificate of stability.

4 . CERTIFICATE OF STABILITY (section 6). (1) No manufacturing process to be carried on with the aid of power shall be begun, or carried on in any building or part of a building until a certificate of stability of the building or part of the building in Form No. 1-B signed by a person possessing the qualifications prescribed in sub-rule has been delivered to and accepted by the Chief Inspector. No extended portion of any factory wherein manufacturing process is being carried on with the aid of power shall be used as a part of the factory any time after the extension, nor plant or machinery shall be added in any factory nor brought into use any time, after such addition until such a certificate in respect of such extension or plan has been delivered to and accepted by the Chief Inspector of Factories.

2[(2) The person competent to certify the plans and specification or to sign. Form No.1-B shall possess the qualification and experience as prescribed at serial number 1 of the Schedule annexed to rule 2-A.

Note: The competent person to give the certificate of stability shall possess: — (i) Degree in Civil or Structural Engineering or its equivalent;

(ii) A minimum of 10 years experience in the design or construction or

testing or repair of structures;

(iii) Knowledge of non-destructive testing, various codes of practices that are current and the effect of the vibrations and natural forces on the stability of the building; and

(iv) Ability to arrive at a reliable conclusion with regard to the safety of the structure or the building.”]
1Clauses (c) and (d) renumbered as clauses (d) and (e) and a new clause (c) inserted by

Punjab Government Notification No. 5365-VII-DS-Lab.-60/32924, dated 1st November 1960..



2 Substituted, vide Haryana Government Notification No. G.S.R. 51 C.A. 63/48/S. 112 & 115/

93, dated 27th August, 1993.





5 . AUTHORITY TO SIGN CERTFICAE OF STABILITY (Section 6) No person except in the case of building owned by any Government shall be authorised to sign a certificate of stability or to certify plans and specifications who is in the employment of the owner or builder of the building in respect of which the certificate is given.

6 . INTERNAL HEIGHT OF WORK-ROOMS (section 6)—(i) The internal height of a work-room shall be not less than 14 feet measured from the floor level to the lowest part of the roof and if the roof is of corrugated iron which is neither covered with tiles nor has an inner ceiling or lining of heat resisting material with an air space of at least four inches between it and the corrugated iron, the internal height shall be not less than 16 feet:

Provided that in the case of building having a brick or concrete roof or a combination of the two, the minimum height may be 12 feet, if approved by the Chief Inspector of Factories;

Provided further that in case of factories employing less than 50 workers the Chief Inspector may, where he is satisfied that the conditions of work are reasonably good, exempt such factories from the provision of this sub-rule.

(ii) There shall be provided at all times for each person employed in any room of a factory where mechanical or electrical power is used, at least 36 square feet of floor space exclusive of that occupied by machinery and a breathing space of at least 500 cubic feet.

(iii) Particulars of each work-room of the factory in which persons are regularly employed shall be entered in Form 1-A which shall be shown to the Inspector when required. The provisions of sub-rule (1) of the Rule 6 shall not apply to rooms intended for storage, godowns and like purposes and also rooms intended solely for office purpose where only clerical work is done.

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