Final Labour Law - Copy

8/6/2019 Final Labour Law - Copy

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1.1 History of Ship Industry In India1.2 History of ABG Shipyard1.3 Company Profile

Chapter 1:INTRODUCTION


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1.1History of Ship - Building Industry in IndiaTraces of shipbuilding activity in India can be traced to the Harappan days, but in the modern

sense, it took off in the 1990s when Indias share in the global trade started increasinggradually. Initially to mitigate any possible risks of downtrend in shipbuilding, shipyards

were equipped with ship repair facilities. Private players started shedding their initialreluctance once they were sure of the surge in demand and support from the government.According to the report of the Working Group for Shipbuilding for the 11th Five-year Plan(2007-2012), Indias shipbuilding sector grew by 72% with an average rate of 15% per yearduring the10th plan (2002-2007). Contrast this to the average growth per year of only 4.5%achieved during the 9th plan (1997-2002) and one can understand how shipbuilding hasevolved gradually in India.

Increase in trade, coupled with availability of cheaper and efficient labour, created anencouraging environment for the shipbuilding industry in the country. Indian efforts received

a boost by a directive from International Maritime Organization (IMO)a UN affiliated body responsible for improving maritime safety and preventing pollution from shipsto phase out all single hull tankers by 2010. This has fuelled demand for replacement ships,considering almost 32% of the fleet worldwide at present are single hull. Demand is gettingfurther encouragement from an internationally accepted regulation of replacing 25-year oldvessels with new ones. At present, almost 65% vessels in use are over 15 years old. Rise inexploration and production activities has also helped in sustaining demand for vessels of

particular types. No wonder, order books of major shipbuilders in India are full till 2012.

Shipbuilding: Important Facts

Number of shipyards in India => 30-40 (27 being actively operational)

Investment required for shipyards =>Rs100 crore -Rs4500 crore

Market size of shipbuilding at present => $5 billion

Market size of shipbuilding expected in 2025 => $20 billion

Number of ships being built at present => 250

Shipbuilding capacity at present (in terms of cargo carrying capacity) => 2.8 million

ton

Shipbuilding capacity by 2012 (in terms of cargo carrying capacity) => 4 million ton

Shipbuilding capacity by 2017 (in terms of cargo carrying capacity) => 19 millionton

Percentage of ships built for exports => 75%


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It should, therefore, come as no surprise that a number of new players have shown intent toenter shipbuilding with various kinds of investments. Steel cast, a Gujarat-based company,with an annual turnover of Rs18 crore, is setting up a Greenfield shipbuilding facility inBhavanagar with an investment of Rs100 crore. ABG Shipyard, on the other hand, is goingahead with its Rs400 crore plan to build a new shipyard at Dahej. Reliance is reported to be

spending some $2 billion on shipbuilding.

Major shipyards

According to the report of the Working Group for Shipbuilding for the 11th Five-year Plan,there are 27 shipyards around which Indian shipbuilding is based. Of these, eight are in

public sector (six under the central government, and two under state governments) and therest are in the private sector. ABG Shipyard and Bharati Shipyard, largest of the private

shipbuilders, are based in Mumbai, while Chowguhle and Dempo are based in Goa. Majorpublic sector players include Vishakhapatnam-based Hindustan Shipyard, and Cochin-based

Cochin Shipyard. Pipavav Shipyard, sitting on order books of Rs4,360 crore, is working onbuilding the largest shipbuilding facility in India 130 kms east of Bhavnagar in Gujarat. TheShipyards Association of India (SAI), a lobbying body of the Indian shipbuilders, insists thatinvestments in new shipyards are moving forward.

Shipyards are usually built taking into consideration a lifespan of 100 years, which is boundto see many ups and downs in the global economy. This explainswhy Indian shipbuilders aregoing ahead with their plans to build their own yards despite problems with raising finance.L&T, which already has a shipyard at Hazira, has, however, decided to scale back investmenton its upcoming shipbuilding facility at Katupalli near Chennai. It had expressed intentions tospend Rs3,000 crore on this.

Shipbuilding activity is expected to remain strong in India for another two decades, for it hasmoved here as a spill over from other countries. The industry started moving from Europe to

Asia in the 1960s. First it moved to Japan and from there to Korea, and subsequently toChina. With slots full in these countries, India has emerged as a new favourite. From India it

is expected to move to Vietnam, which is already being seen as a force to reckon with.


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1.2 History of ABG Shipyard Ltd.ABG Shipyard Ltd., the flagship Comp. of ABG group was incorporated in the year 1985 asMagdalla Shipyard Pvt. limited with the main objects of carrying Shipbuilding & Ship Repair

business. In a span of 15 years from the year 1991, the Comp. has achieved the status oflargest private sector shipbuilding yard in India with satisfied customer base all around the

world. The registered office & the yard are situated at Surat in the state of Gujarat & thecorporate office is in Mumbai.

Our Shipyard has state of art, manufacturing facilities including a Ship-lift Facility with a lift

capacity of 4500 tons, side transfer facilities, CNC plasma cutting machine, Bending rolls,Hydraulic press, Cold shearing machine, Frame bending machine & steel processing

machinery. The Shipyard also has blasting shop & fabrication shop covered in 4 bays of 150x 30 M each equipped with 20T EOT Cranes. The manufacturing process is in line with

world-class standards & the Yard is certified by DNV for ISO 9001:2000.

During past decade, the Shipyard has constructed & delivered Eighty-eight [88s] Vesselsincluding Specialized & Sophisticated vessels like Interceptor Boats, Self Loading &Discharging Bulk Cement Carriers, Floating Cranes, Articouple Tugs & Flotilla, SplitBarges, Bulk Carriers, Newsprint Carriers, Offshore Supply Vessels, Dynamic PositioningShips, Anchor Handling Tug Supply Vessels, Multi-purpose Support Vessel, Diving SupportVessels, etc. for leading companies in India & abroad.ABG Shipyard has successfully delivered 2 Nos. Interceptor Boats [45 knots vessels] inAluminum hull with Water Jet Propulsion to the Indian Coast Guard, 2 x 4000 DWT CementCarriers for Cement Ambuja International, Mauritius, 4 x 50T Bollard Pull SRP Tugs forWijsmuller, Holland [An A.P.Moller and Co.s]. The most recent deliveries have been 4 x60.8M Anchor Handling Tugs / Supply Vessels and 1 x 42M Well Head Maintenance Vessel[Aluminium Hulls] for Halul Offshore, Doha, Qatar, 1 x 50M Well Test / Supply Vessel & 1x 56M Well Test / DPS-2 Vessel for Al Mansoori Production Services, Abu Dhabi, 3 x 47M -80T Multipurpose Vessel for Lamnalco Group, Sharjah, 4 x Utility Vessel for Zamil

Operation and Maintenance Comp. Ltd., 1 No. 60.8M Diving Support Vessel - DP1 HalulOffshore Co., Doha are ready for delivery & 1 No. 83.5M Dynamic Positioning - DP2 Type

Vessel with Diesel Electric Propulsion for Consolidated Contractors Construction Co., UAE.

The Yard has recently been awarded an order for 2 Nos. 53M - 90T B. P. ASD Vessels fromLamnalco Group, UAE. We have also received Orders for 1 No. 90M Pipe Lay Barge, 5 Nos.

61M Anchor Handling Tug Supply Vessels & 1 No. 78M DPS-2 Diving Support Vessel fromMaridive, Egypt, 3 Nos. 94M Pollution Control Vessels for Indian Coast Guard, 4 Nos.

Articoupled Barges for Essar Shipping, 4 Nos. 63M Anchor Handling Tug Supply Vessels

from Seatankers Management Co. Ltd., Norway & 1 No. 60.8M Offshore Supply / SupplyVessel from VROON B. V., Netherlands. ABG Shipyard Ltd is also proud of getting a

prestigious order for 500 passenger vessel from the Administration of Andaman & NicobarAdministration, Port Blair, which is under construction presently.

The Yard has Multiple Building Berths, 2 Dry-docks, 125 m x 22.5 m X 5.6 m Fitted withComputerized Synchronous Ship lift Platform, of 4500 Tones Lifting Capacity & 155 m X 30m x 7.5 m, Graving Dry-dock served by 80-T Goliath Crane span 50 m, height 35 m. &substantial carnage like NCK Rapier 150T Capacity, Tata P and H Make, 60-T Capacity, HM


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1.3 Company Profile

At a Glance Highlights

y Largest Private Sector Shipbuilding Yard in India Certified by DNV for ISO 9001 -2008

y Shipyard has received All India Trophy for Highest Exporters in Recognition ooutstanding Contribution to Engineering Export from Govt. of India - Ministry ofCommerce.

y Delivered 137 specialized and sophisticated vessels.y 90% of the vessels built in last two years were exported.y State of the art manufacturing facilitiesy Competitiveness in the Global markets in terms of Price, Quality and Delivery.

Date of Establishment : 1985

Revenue : 403.228 ( USD in Millions )Market Cap : 18866.5272705 ( Rs. in Millions )Corporate Address : Near Magdala Port,Dumas Road, Surat-395007, GujaratChairperson : Mr. Rishi AgarwalBusiness Operation : Ship Building & Ship RepairingFinancials : Total Income - Rs. 19201.1 Million (year ending Mar 2010)

: Net Profit - Rs. 2289.2 Million ( year ending Mar 2010)Company Secretary : Rajashekhar Reddy


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Sno Name Designation

1 Rishi Agarwal Chairman

2 Ram Swaroop Nakra Managing Director

3 Saket Agarwal Director

4 Ashok R Chitnis Director

5 Arun Phatak Executive Director

6 Shahzaad Dalal Nominee Director

7 Nainesh Jaisingh Nominee Director

8 Ashwani Kumar Independent Director


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Registered Office & Factory (Shipyard):ABG SHIPYARD LTD.

Near Magdala Port,Dumas Road,Surat, Gujarat - 395 007Telephone: (0261) 2725191Fax: (0261) 2726481

Corporate Office:ABG SHIPYARD LTD.5th Floor, Bhupati Chambers,

13, Mathew Road,Mumbai 400 004.Telephone: +91 22 66563000Fax: +91 22 23649236Email : [email protected]


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2.3 Labour Police of India

2.1 Labour Law

2.2 Classification of Various Labour Law

Chapter 1:

LITERATURE

REVIEW


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2.1 Labor Law

Origins of Labour Laws

Labour laws emerged when the employers tried to restrict the powers of workers'organizations and keep labor costs low. The workers began demanding better conditions andthe right to organize so as to improve their standard of living. Employers costs increased dueto workers demand to win higher wages or better working conditions. This led to a chaoticsituation which required the intervention of Government. In order to put an end to thedisputes between the ever-warring employer and employee, the Government enacted manylabor laws.

In India the labor laws are so numerous, complex and ambiguous that they promote litigationrather than the resolution of problems relating to industrial relations. The labor movement hascontributed a lot for the enactment of laws protecting labor rights in the 19th and 20thcenturies. The history of labor legislation in India can be traced back to the history of Britishcolonialism. The influences of British political economy were naturally dominant insketching some of these early laws. In the beginning it was difficult to get enough regularIndian workers to run British establishments and hence laws for chartering workers becamenecessary. This was obviously labor legislation in order to protect the interests of Britishemployers.

The British enacted the Factories Act with a really self-centered motive. It is well known thatIndian textile goods offered serious competition to British textiles in the export market. Inorder to make India labor costlier, the Factories Act was first introduced in 1883 because ofthe pressure brought on the British parliament by the textile moguls of Manchester andLancashire. Thus we received the first stipulation of eight hours of work, the abolition ofchild labor, and the restriction of women in night employment, and the introduction ofovertime wages for work beyond eight hours. While the impact of this measure was clearlyfor the welfare of the labor force the real motivation was undoubtedly the protection theirvested interests.

India provides for core labor standards of ILO for welfare of workers and to protect their

interests. India has a number of labor laws addressing various issues such as resolution ofindustrial disputes, working conditions, labor compensation, insurance, child labor, equalremuneration etc. Labour is a subject in the concurrent list of the Indian Constitution and is

therefore in the jurisdiction of both central and state governments. Both central and stategovernments have enacted laws on labour issues. Central laws grant powers to officers under

central government in some cases and to the officers of the state governments in some cases.


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2.2 Classification of Various Labour Laws

There are over 45 legislations on labor from the Central Government and the number oflegislations enacted by the State Governments is close to four times that of the Central Acts.

Labour Laws can be classified into the following eight categories:

(i) Laws related to Industrial Relations(ii) Laws related to Wages(iii) Laws related to Specific Industries(iv) Laws related to Equality and Empowerment of Women(v) Laws related to Deprived and Disadvantaged Sections of the Society(vi) Laws related to Social Security(vii) Laws related to Employment & Training(viii) Others

Laws related to Industrial Relations

1) The Trade Unions Act, 19262) The Industrial Employment (Standing Orders) Act, 1946

The Industrial Employment (Standing Orders) Rules, 19463) The Industrial Disputes Act, 1947

Laws related to Wages

1)The Payment of Wages Act, 1936The Payment of Wages Rules, 1937

2)The Minimum Wages Act, 1948The Minimum Wages (Central) Rules, 1950

3)The Working Journalist (Fixation of Rates of Wages) Act, 1958Working Journalist (Conditions of service) and MiscellaneousProvisions Rules, 1957

4)The Payment of Bonus Act, 1965The Payment of Bonus Rules, 1975

Laws related to Specific Industries01) The Factories Act, 1948

02) The Dock Workers (Regulation of Employment) Act, 194803) The Plantation Labour Act, 1951

04) The Mines Act, 195205) The Working Journalists and other Newspaper Employees

(Conditions of Service and Misc. Provisions) Act, 1955

The Working Journalists and other Newspaper Employees(Conditions of Service and Misc. Provisions) Rules, 1957

06) The Merchant Shipping Act, 195807) The Motor Transport Workers Act, 196108) The Beedi & Cigar Workers (Conditions of Employment) Act, 196609) The Contract Labour (Regulation & Abolition) Act, 197010) The Sales Promotion Employees (Conditions of Service) Act, 1976

The Sales Promotion Employees (Conditions of Service) Rules, 197611) The Inter-State Migrant Workmen (Regulation of Employment and


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Others1) The Fatal Accidents Act, 18552) The War Injuries Ordinance Act, 19433) The Weekly Holiday Act, 19424) The National and Festival Holidays Act

5) The War Injuries (Compensation Insurance) Act, 19436) The Personal Injuries (Emergency) Provisions Act, 19627) The Personal Injuries (Compensation Insurance) Act, 19638) The Labour Laws (Exemption from Furnishing Returns and Maintaining Register byCertain Establishments) Act, 19889) The Public Liability Insurance Act, 1991


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2.3 Labour Policy of India

Labor policy in India has been evolving in response to specific needs of the situation to suit

requirements of planned economic development and social justice and has two-foldobjectives, viz., maintaining industrial peace and promoting the welfare of labor.

Labour Policy Highlights

Creative measures to attract public and private investment. Creating new jobs New Social security schemes for workers in the unorganized sector. Social security cards for workers. Unified and beneficial management of funds of Welfare Boards. Reprioritization of allocation of funds to benefit vulnerable workers. Model employee-employer relationships. Long term settlements based on productivity. Vital industries and establishments declared as `public utilities`. Special conciliation mechanism for projects with investments of Rs.150 crores or

more. Industrial Relations committees in more sectors. Labour Law reforms in tune with the times. Empowered body of experts to suggest

required changes.

Statutory amendments for expediting and streamlining the mechanism of LabourJudiciary.

Amendments to Industrial Disputes Act in tune with the times. Efficient functioning of Labour Department. More labor sectors under Minimum Wages Act. Child labor act to be aggressively enforced. Modern medical facilities for workers.

Rehabilitation packages for displaced workers. Restructuring in functioning of employment exchanges. Computerization and

updating of data base. Revamping of curriculum and course content in industrial training.

Joint cell of labor department and industries department to study changes in laws andrules.


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3333.1 Research Methodology3.1 Research Methodology3.2 Research Objective

3.2.1 Types of research study3.2.2 Data collection method

3.3 Research Design3.4 Limitation of Study

Chapter 3:

RESEARCH

METHODOLOGY


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3.1 ResearchMethodology:

The results obtained from analysis are properly interpreted and decision taken hence if thedata is inaccurate and inadequate the whole analysis may be faulty and decision taken

misleading. To avoid this must collect accurately.

3.2 Research Objective:

The main objective of study we know the whole function of HR department depends.

3.2.1 Type of Research Studies:

The Research Studies are divided in to two Categories:

yFundamental Research:Fundamental or Basic Research is primarily intended to find out certain basic principles.

y Applied Research:Applied Research is already stated and the application of available scientific method in socialscience research which helps to contradict, alter or modify any existing theory and helps toformulate policy.Here, my research is based on the Fundamental Research and it is useful for increase theknowledge regarding various Section of Labour Law.

3.2.2 Data Collection Method:

The data can be collected by the two ways.y Primary data:

Primary data is one which is collected by the investigators him/her Self for the purpose ofspecific inquiry or study.

y Secondary data:When an investigator uses the data which has already been collected by others, such data iscalled secondary data.

Methods of Primary Data:

There are five methods for collection of primary data.1] Observation2] Experimentation

3] Questionnaire4] Interviewing5] Case Study MethodIn my Research Project I have collected primary data through the Observation.Observation is survey technique of gathering data by observing the arrangement of companyfacilities for employees.


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3.3 Research Design

A research design specifies the method procedure for conducting the particular study. It issystematic procedure to carry out the research study. My research design is descriptive andobservation in nature

3.4 Limitation of the Study:

The project study is limited to ABG India Limited alone and thus cannot be generalized forall other companies working in the similar field. During the training transaction need tointeract with very limited employee thus training studying is not much more effective tomake effective need to plan interact with another 100 employees in future to know moreabout the effectiveness of the current labor law and its implementation.

.


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Factory Act 1948S

4.1 Health4.2 Safety4.3 Welfare4.4 Working Hours of Adults4.5 Employment of Young Person4.6 Annual leave wages

Chapter 4:

RESEARCH DATA


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The Factories Act 1948

Objective & Applicability

The Factories Act, 1948 has been enacted to consolidate and amend the law regulating theworkers working in the factories. It extends to whole of India and applies to every factorywherein 20 or more workers are ordinary employed. Since the aim and object of the Act is tosafeguard the interest of workers and protect them from exploitation, the Act prescribescertain standards with regard to safety, welfare and working hours of workers, apart from

other provisions.

Factory

Means any premises including the precincts thereof where ten or more persons are working inany manufacturing process being carried on with aid of power and where twenty or more

workers are working without the aid of power.


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4.1Health

Section 11. Cleanliness.-Section 12. Disposal of wastes and efflugents.-Section 13. Ventilation and temperature.-

Section 14. Dust and fume.-Section 16. Overcrowding.-Section 17. Lighting.-Section 18. Drinking water.-Section 19. Latrines and urinals.-Section 20. Spittoons.-

4.2 Safety

Section 21. Fencing of machinery.-

Section 22. Work on or near machinery in motion.-Section 23. Employment of young persons on dangerous machines.-

Section 24. Striking gear and devices for cutting off power.-Section 25. Self-acting machines.-

Section 26. Casing of new machinery.-Section 28. Hoist and lifts.-Section 29. Lifting machines, chains, ropes and lifting tackles. -Section 30. Revolving machinery. -Section 31. Pressure plant. -Section 32. Floors, stairs and means of access. -Section 33. Pits, sumps, openings in floors, etc. -Section 34. Excessive weights. -Section 35. Protection of eyes. -Section 36. Precautions against dangerous fumes, gases, etc.-Section 36A. Precautions regarding the use of portable electric light.-Section 37. Explosive or inflammable dust, gas, etc. -Section 38. Precautions in case of fire. -Section 39. Power to require specifications of defective parts or tests of stability. -Section 40. Safety of buildings and machinery. -Section 40A. Maintenance of buildings. -Section 40B. Safety Officers. -

4.3 Welfare

Section 42. Washing facilitiesSection 43. Facilities for storing and drying clothingSection 44. Facilities for sitting.-Section 45. First-aid-appliances.-Section 46. Canteens.-Section 47. Shelters, rest-rooms and lunch-rooms.-


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Section 49. Welfare Officers.

4.4 Working Hours of Adults

Section 51. Weekly hours

Section 52. Weekly holidays.Section 53. Compensatory holidaysSection 54. Daily hours.Section 55. Intervals for restSection 57. Night shifts.Section 58. Prohibition of overlapping shiftsSection 59. Extra wages for overtime.Section 60. Restriction on double employment.Section 66. Further restriction on employment of women

4.5 Employment of Young Person

Section 67. Prohibition of employment of young children.Section 68. Non-adult workers to carry tokens.

Section 69. Certificate of fitness.Section 70. Effect of certificate of fitness granted to adolescentSection 75. Power to require medical examination.

4.6 Annual Leave with Wages

Section 78. Application of Chapter.-Section 79. Annual leave with wagesSection 80. Wages during leave periods.-Section 81. Payment in advance in certain casesSection 82. Mode of recovery of unpaid wages


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Section Details under particular section Follow At ABG

4.1 HealthSection 11.Cleanliness.

(1)Every factory shall be kept clean andfree from effluvial arising from anydrain, privy or other nuisance, and in

particular:a) Accumulation of dirt and refuse

shall be removed daily bysweeping or by any other effectivemethod from the floors and

benches of workrooms and fromstaircases and passages anddisposed of in a suitable manner;

b) The floor of every workroom shall be cleaned at least once in everyweek by washing, using

disinfectant where necessary, or bysome other effective method;c) Where a floor is liable to become

wet in the course of anymanufacturing process to suchextent as is capable of beingdrained, effective means ofdrainage shall be provided asmaintained;

d) All inside walls and partitions, allceilings or tops of rooms and allwalls, sides and tops of passages

and staircases shall:(i) Where they are 'painted

otherwise than with washablewater paint or varnished, berepainted or revarnished atleast once in every period offive years;(i-a) where they are painted

with washable waterpaint, be repainted with atleast one coat of such

paint at least once in

every period of threeyears and washed at leastonce in every period ofsix months;

(ii) Where they are painted orvarnished or where they havesmooth impervious surfaces,

be cleaned at least one inevery period of fourteen

In ABG Shipyard there areonly three departments.1)Human Resource

Department,2)Design Department ,3)Safety Department4)Account5)Administration6)Civil7)Hull fabrication8)Hull eraction9)Electrical10)Yard maintenance11)Painting

12)Outing13)Piping

And there is open large areafor shipbuilding whereshipbuilding process has

been taken place so itrequire large open area.

Office department has beencleaned twice in a day andcleaned at least once in a

week by washing. Shipyardcleaned once every day.

They repairing,restructuring, painting

buildings once in a year.

All doors and windowsframes and other wooden ormetallic frameworks andshutters painted andvarnished once within five

years.


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months by such methods asmay be prescribed;

(iii) In any other case, be keptwhitewashed, or colourwashed, and the whitewashing

or colour washing shall becarried out at least once inevery period of fourteenmonths;

(dd) all doors and window-framesand other wooden or metallicframework and shutters shall bekept painted or varnished and the

painting or varnishing shall becarried out at least once in every

period of five years;(e) The dates on which the processes

required by clause (d) are carried out shallbe entered in the prescribed register.(2) If, in view of the nature of theoperations carried on in a factory or classor description of factories or any part of afactory or class or description of factories,it is not possible for the occupier tocomply with all or any of the provisions ofsub-section (1), the State Government may

by order exempt such factory or class ordescription of factories or part from any ofthe provisions of that sub-section andspecify alternative methods for keepingthe factory in a clean state.

Section 12.

Disposal of

wastes and

effluents

(1) Effective arrangements shall be madein every factory for the treatment ofwastes and effluents due to themanufacturing process carried on there in,so as to render them innocuous, and fortheir disposal.(2) The State Government may make rules

prescribing the arrangements to be made

under sub-section (1) or requiring that thearrangements made in accordance withsub-section (1) shall be approved by suchauthority as may be prescribed.

ABG Shipyardmanufacturing ship. Thereis no harmful waste inshipbuilding.

There is also a effluentplant in ABG Shipyard.

Section 13.

Ventilation and

temperature

(1) Effect and suitable provisions shall bemade in every factory for securing andmaintaining in every workroom-

y (a) adequate ventilation by the

ABG Shipyard has largeopen yard. So there isventilation facility providedat confine space in the ship.


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circulation of fresh air, andy (b) such a temperature as will

secure to workers there inreasonable conditions of comfortand prevent injury to health; and in

particular,o (i) walls and roofs shall

be of such material and sodesigned that such temperatureshall not be exceeded but kept aslow as practicable;

o (ii) where the nature of thework carried on in the factoriesinvolves, or is likely to involve, the

production of excessively hightemperature, such adequatemeasures as are practicable shall

be taken to protect the workersthere from, by separating the

process, which produces suchtemperature from the workroom,

by insulating the hot parts or byother effective means.

(2) The State Government may prescribe astandard of adequate ventilation andreasonable temperature for any factory orclass or description of factories or partsthereof and direct that proper measuringinstruments, at such places and in such

position as may be specified, shall be provided and such records, as may beprescribed, shall be maintained.(3) If it appears to the Chief Inspector thatexcessively high temperature in anyfactory can be reduced by the adoption ofsuitable measures, he may, without

prejudice to the rules made under sub-section (2), serve on the occupier, an orderin writing specifying the measures which,in his opinion should be adopted, and

requiring them to be carried out before aspecified date.

Ship building in open yard.

There is not any buildingfor manufacturing. Thereare three workshop at that

place they provideventilation facility.

They also provideventilation facility in alldepartments.

Section 14.

Dust and fume

(1) In every factory in which, by reason ofthe manufacturing process carried on,there is given off any dust or fume orother impurity of such a nature and to such

an extent as is likely to be injurious oroffensive to the workers employed therein,

In office building and yardarea cleaned by sweeperonce in a day.

Workshop cleaned by using power tooling operations


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or any dust in substantial quantities,effective measures shall be taken to

prevent its inhalation and accumulation inany workroom, and if any exhaustappliance is necessary for this purpose, it

shall be applied as near as possible to thepoint of origin of the dust, fume or otherimpurity, and such point shall be enclosedso far as possible.(2) In any factory no stationary internalcombustion engine shall be operatedunless the exhaust is conducted into theopen air, and no other internal combustionengine shall be operated in any roomunless effective measures have been takento prevent such accumulation of fumesthere from as are likely to be injurious to

workers employed in the room.

like compressor.

They also provide dustmask when cleaning spaceworkers who are engage in

power tooling.

Section 15.

Artificial

humidification

(1) In respect of all factories in which thehumidity of the air is artificially increased,the State Government may make rules,-

y (a) prescribing standards ofhumidification;

y (b) regulating the methods used forartificially increasing the humidityof the air;

y (c) directing prescribed tests fordetermining the humidity of the airto be correctly carried out andrecorded;

y (d) prescribing methods to beadopted for securing adequateventilation and cooling of the air inthe workrooms.

(2) In any factory in which the humidity ofthe air is artificially increased, the waterused for the purpose shall be taken from a

public supply, or other source of drinkingwater, or shall he effectively purified

before it is so used.(3) If it appears to an Inspector that thewater used in a factory for increasinghumidity which is required to beeffectively purified under sub-section (2)is not effectively purified he may serve onthe manager of the factory an order inwriting, specifying the measures which inhis opinion should be adopted, and

It is not applicable inshipyard industry. It appliesin textile industry.


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requiring them to be carried out beforespecified date.

Section 16.

Overcrowding

No room in any factory shall beovercrowded to an extent injurious to the

health of the workers employed therein.(2) Without prejudice to the generality ofsub-section (1), there shall be in everyworkroom of a factory in existence on thedate of commencement of this Act at least9.9 cubic metres and of a factory builtafter the commencement ofthis Act at least14.2 cubic metres of space for everyworker employed therein, and for the

purposes of this sub-section no accountshall be taken of anyspace which is morethan 4.2 metres above the level of the

fioor of the room.(3) If the Chief Inspector by order inwriting so requires, there shall be postedin each workroom of a factory a noticespecifying the maximum number ofworkers who may, in compliance with theProvisions of this section, be employed inthe room.(4) The Chief Inspector may, by order inwriting exempt, subject to suchconditions, if any, as he may thing fit toimpose, any workroom from the

provisions of this section, if he is satisfiedthat compliance therewith in respect of theroom is unnecessary in the interest of thehealth of the workers employed therein.

There is large place whereworks working. And they

maintained 14.2mtr spacebetween workers.

Section 17.

Lighting

(1) In every part of a factory whereworkers are working or passing, thereshall be provided and maintainedsufficient and suitable lighting, natural orartificial, or both.(2) In every factory all glazed windows

and skylights used for the lighting of theworkroom shall be kept clean on both theinner and outer surfaces and, so far ascompliance with the provisions of anyrules made under sub-section (3) ofsection 13 will allow, free fromobstruction.(3) In every factory effective provisionshall, so far as is practicable, be made for

There is enough lightfacility in the office

building. Amanufacturing takes placein the open yard so there isnatural lighting as well as

artificial lights also provided. In the ship they provide temporary light.Workers use hand light.


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the prevention of-y (a) glare, either directly from a

source of light or by reflectionfrom a smooth or polished surface;

y (b) the formation of shadows tosuch an extent as to cause eye-strain or the risk of accident to anyworker.

(4) The State Government may prescribestandards of sufficient and suitablelighting for factories or for any class ordescription of factories or for anymanufacturing process.

Section 18.

Drinking water

(1) In every factory effectivearrangements shall be made to provide andmaintain at suitable points conveniently

situated for all workers employed therein asufficient supply of wholesome drinkingwater.(2) All such points shall be legibly marked"drinking water" in a language understood

by a majority of the workers employed inthe factory and no such points shall besituated within 1[six metres of anywashing place, urinal, latrine, spittoon,open drain carrying sullage or effluent orany other source of contamination unless ashorter distance is approved in writing bythe Chief Inspector.(3) In every factory wherein more thantwo hundred and fifty workers areordinarily employed, provisions shall bemade for cooling drinking water duringhot weather by effective means and fordistribution thereof.(4) In respect of all factories or any classor description of factories the StateGovernment may make rules for securingcompliance with the provisions of sub-

sections (1), (2) and (3) and for theexamination by prescribed authorities ofthe supply and distribution of drinkingwater in factories.

In ABG Shipyard there islack of water drinkingfacility. In ABG Shipyard

there are more than 500workers working. There is

provision for 250 workersworking then they have to

provide a cooler.

They bring water fromoutside. They purified waterto workers. They inspectRO plant every month and

provide hygienic water.

Section 19.

Latrines and

urinals

(1) In every factory-y (a) sufficient latrine and urinal

accommodation of prescribedtypes shall be provided

There are not sufficientlatrines and urinal facility.

There are 10 to 15 women


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conveniently situated andaccessible to workers at all timeswhile they are at the factory;

y (b) separate enclosedaccommodation shall be provided

for male and female workers;y (c) such accommodation shall be

adequately lighted and ventilatedand no latrine or urinal shall,unless specially exempted inwriting by the Chief Inspector,communicate with any workroomexcept through an intervening openspace or ventilated passage;

y (d) all such accommodation shall be maintained in a clean andsanitary condition at all times;

y (e) sweepers shall be employedwhose primary duty it would be tokeep clean all latrines, urinals andwashing places.

(2) In every factory wherein more thantwo hundred and fifty workers areordinarily employed-

y (a) all latrine and urinalaccommodation shall be of

prescribed sanitary types;y (b) the floors and internal walls, up

to a height of ninety centimetres ofthe latrines and urinals and thesanitary blocks shall be laid inglazed tiles or otherwise finishedto provide a smooth polishedimpervious surface;

y (c) without prejudice to theprovisions of clauses (d) and (e) ofsub-section (1), the fioors, portionsof the walls and blocks so laid orfinished and the sanitary pans oflatrines and urinals shall be

thoroughly washed and cleaned atleast once in every seven days withsuitable detergents or disinfectantsor with both.

(2)The State Government may prescribe the number of latrinesand urinals to be provided in anyfactory in proportion to the numberof male and female workers

working in the shipyard.According to provisionthere are 25 women thenthey have to provideseparate latrine facility for

them and they provide thatfacility to women.

There is sufficient lightingand ventilation facility andcleaned by sweepersregularly.


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ordinarily employed therein, andprovide for such further matters inrespect of sanitation in factories,including the obligation of workersin this regard, as it considers

necessary in the interest of thehealth of the workers employedtherein.

Section 20.

Spittoons

(1) In every factory there shall be provided a sufficient number of spittoonsin convenient places and they shall bemaintained in a clean and hygieniccondition.(2) The State Government may make rules

prescribing the type and numbers ofspittoons to be provided and their location

in any factory and provide for such furthermatters relating to their maintenance in aclean and hygienic condition.(3) No person shall spit within the

premises of a factory except in thespittoons provided for the purpose and anotice containing this provision and the

penalty for its violation shall beprominently displayed at suitable places inthe premises.(4) Whoever spits in contravention of sub-section (3) shall be punishable with finenot exceeding five rupees.

Company provides asufficient number ofspittoons in convenient

places and maintained in aclean and hygieniccondition.

4.2 SafetySection21

Fencing of

machinery

In every factory the following shall besecurely fenced by safeguards ofsubstantial construction which shall beconstantly maintained and kept in positionwhile the parts of machinery they arefencing are in motion or in useEvery moving part of a prime mover andevery flywheel connected to prime mover,

whether the prime mover or flywheel is inthe engine house or not;Headrace and tailrace of every water-wheel and water-turbine in the factory asthey would be if they were securelyfenced, the following shall also besecurely fenced:-Every part of an electric any part of astock bar which projects beyond the head

In ABG Shipyard, they useD.C.Set, fire pumps,centenary crane, coalercrane, ultra crane, towercrane. All machineries theyusing are corved.


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stock of a lathe andUnless they are in such position or of suchconstruction as to be safe to every personemployed generator, a motor or rotaryconverter ; Every part of transmission

machinery ; and Every dangerous part ofany other machinery

Section22

Work on near

machinery in

motion

Lays down that where in any factory itbecomes necessary to examine any part ofthe machinery referred to in section 21while the machinery is in motion, or as aresult of such examination to carry outIn a case referred to in clause (i) of the

provision to sub-section (1) of section 21,lubrication or other adjusting operation.:or

In a case referred to in clause (ii) of the provision aforesaid, any mounting orshipping of belts or lubrication or otheradjusting operation,While the machinery is in motion suchexamination or operation shall be made orcarried out only by a specially trainedadult male worker wearing tight fittingclothing (which shall be supplied by theoccupier) whose name has been recordedin the register prescribed in this behalf andwho has been furnished with a certificateof his appointment, and while he is soengaged,Such worker shall not handle a belt at amoving pulley unlessThe belt is not more than fifteencentimeters in width; The pulley isnormally for the purpose of drive and notmerely a fly-wheel or balance wheel (inwhich case a belt is not permissible);The belt joint is either laced or flushedwith the belt ; The belt, including the joint

and the pulley rim, are in good repair;There is reasonable clearness between the pulley and any fixed plant or structure;Secure foothold and, where necessary,secure hand hold, are provided for theoperator ; andAny ladder, in use for carrying out any

examination or operation aforesaid issecurely fixed or lashed, is firmly held by

In ABG Shipyard thereonly heavy and motionmachinery is crane only.Crane is operated by singleman. Who has given specialtraining how to operatecrane. Crane is operated bycrane operator. There is noother heavy machinery and

motion machinery.


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a second person;Without prejudice to any other provisionof this act relating to the fencing ofmachinery, every set screw, bolt and keyon any revolving shaft, spindle, wheel or

pinion and all spur worm and othertoothed or friction gearing in motion withwhich such worker would otherwise beliable to come into contact, shall besecurely fenced to prevent such contact.Section 22(2) provides that no woman oryoung person shall be allowed to clean,lubricate or adjust any part of a primemover or of any transmission machinerywhile the prime mover or transmissionmachinery is in motion, or to clean,lubricate or adjust any part of any machine

if the cleaning, lubrication or adjustmentthereof would expose the woman or young

person to risk of injury from any moving part either of that machine or of anyadjacent machinery.Section 22(3) empowers the stategovernment to prohibit, by notification inthe official gazette, in any specifiedfactory or class or description of factories,the cleaning, lubricating or adjusting byany person of specified part of machinerywhen those parts are in motion.

Section23

Employment of

young persons

on dangerous

machine.

No young person shall be required orallowed to work at any machine to whichthis section applies ; unless : He has

been fully instructed as to the dangersarising in connection with the machineand the precautions to be observed ; and(i) has received sufficient training in workat the machine or(ii) is under adequate supervision by a

person who has a thorough knowledge

and experience of the machine.Section 23(2) lays down that sub-section(1) shall apply to such machines as may be

prescribed by the government beingmachines which in its opinion are of sucha dangerous character that young personsought not to work at them unless theforegoing requirements are complied with.

No young person shallallow to work withoutsafety. They provides boilershoes, helmet, safety belt,hand gloss, boiler shut etc.Without these things theycannot allow to work.When workers working atmore than 2 mtr height thenthey have put on safety belt

compulsory.


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Section24

Striking gear

and devices for

cutting of power

Suitable striking gear or other efficientmechanical appliance shall be providedand maintained and used to move driving

belts to and from part of the transmissionmachinery, and such gear or appliance

shall be so constructed, placed andmaintained as to prevent the belt fromcreeping back on to the fast pulley;Driving belts when not in use shall not beallowed to rest or ride upon shafting inmotion,Section 24(2) provides that in everyfactory suitable devices for cutting off

power in emergencies from runningmachinery shall be provided andmaintained in every work-room. But inrespect of factories in operation before the

commencement of this act the provisionsof this sub-section shall apply only towork-room in which electricity is used as

power.Sub-section (3) provides that when adevice, which can inadvertently shift fromoff to on position, is provided in afactory to cut off power, arrangementsshall be provided for locking the device insafe position to prevent accidental startingof the transmission machinery or othermachines to which the device is fitted.

Suitable Striking Gear OrOther Efficient MechanicalAppliance Shall BeProvided.There is crane emergency

switch. When cranemoving, there is possibilityan accident at that timeautomatic power cut.

Section25

Self-acting

machines

No traversing part of a self-acting machinein any factory and no material carriedthereon shall, if the space over which itruns is a space over which any person isliable to pass, whether in course of hisemployment or otherwise, be allowed torun on its outward or inward traversewithin a distance of forty five centimetersfrom any fixed structure which is part ofthe machine. But the chief inspector may

permit the continued use of a machineinstalled before the commencement of thisact which does not comply with therequirements of this section on suchconditions for ensuring safety as he maythink fit to impose

There is no heavymachinery in the yard.Crane is operated by specialman who has knowledgeabout operation ofmachinery.

Section26

Casing of new

Provides that in all machinery driven by power and installed in any factory after

They do Spur, Worm AndOther Toothed Or Friction


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machinery commencement of this act Every setscrew, bolt or key on any revolving shaft,spindle wheel or opinion shall be so sunk,encased or otherwise effectively guardedas to prevent danger;

All spur, worm and other toothed orfriction gearing which does not requirefrequent adjustment while in motion becompletely encased unless it is situated asto be as safe as it would be if it werecompletely encased.Sub-section (2) of section 26 provides,whoever sells or lets on hire or, as agent ofa seller or hirer causes or procures to besold or let on hire, in a factory anymachinery driven by power which doesnot comply with the provisions of sub-

section (1) or any rules made under sub-section (3), shall be punishable withimprisonment for a term which mayextend to three months or with fine whichmay extend to five hundred rupees or with

both.Section 26(3) authorizes the stategovernment to make rules specifyingfurther safeguards to be provided inrespect of any other dangerous part of any

particular machine or class or descriptionof machines and specifying the types ofsafeguards to be provided thereon.

Gearing on machinery.They do casting onmachinery when it require.

Section28

Hoists and lifts.

In every factory every hoist and lift shallbe of good mechanical construction, soundmaterial and adequate strength;Properly maintained, and shall bethoroughly examined by a competent

person at least once in every period of sixmonths and a register shall be keptcontaining the prescribed particulars ofevery such examination;

It is further provided that in everyfactoryEvery hoistway and liftway shall besufficiently protected by an enclosurefitted with, gates and the hoist or lift andevery such enclosure shall be soconstructed as to prevent any person orthing from being trapped between any partof the hoist or lift and any fixed structure

In ABG Shipyard crane andlife are there. They inspectcranes and lift every sixmonths. According tofactory act every twelvemonths third party comeand inspect, who is approve

by government forinspection.


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of moving part;The maximum safe working load shall be

plainly marked on every hoist or lift, andno load greater than such load shall becarried thereon;

The cage of every hoist or lift used forcarrying persons shall be fitted with a gateon each side from which access isafforded to a landing;Every gate referred to in clause (i) orclause (iii) above shall be fitted with inter-locking or other efficient device to securethat the gate cannot be opened exceptwhen the cage is at the landing and thatthe cage cannot be moved unless the gateis closed.According to section 28(2) the following

additional requirements shall apply tohoists and lifts used for carrying personsand installed or reconstituted in a factoryafter the commencement of this act;namelyWhere the cage is supported by rope orchain there shall be at least two ropes, orchains separately connected with the cageand balance weight, and each rope orchain with its attachments shall be capableof carrying the whole of the cage togetherwith its maximum load;Efficient devices shall be provided andmaintained capable of supporting the cagetogether with its maximum load in theevent of breakage of ropes,chains or attachments;An efficient automatic device shall be

provided and maintained to prevent thecage from overrunning.Section 28(3) authorizes the chiefinspector to permit the continued use of ahoist or lift installed in a factory before the

commencement of this act which does notfully comply with the provisions of sub-section (1) uponSuch conditions for ensuring safety as hemay think fit to impose. Section 28(4) laysdown that the state government may. If, inrespect of any class or description of hoistor lift, it is of opinion that it would beunreasonable to enforce any requirement


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of sub-sections (1) and (2) by order directthat such requirement shall not apply tosuch class or description of hoist or lift

Section29

Liftingmachines,

chains, ropes

and lifting

tackles

In any factory, the following provision

shall be complied with in respect of everylifting machine (other than hoist or lift)and every chain, rope and lifting tackle forthe purpose of raising and lowering

persons, goods or materials :All parts including the working gear,whether fixed or immovable of everylifting machine and every chain, rope orlifting tackle shall beOf good construction, sound material andadequate strength and free from defects;Properly maintained; and Thoroughly

examined by a competent person once inevery period of twelve months, or at suchintervals as the chief inspector mayspecify in writing and a register shall bekept containing the prescribed particularsof every such examination;

No lifting machine and no chain, rope orlifting tackle shall, except for the purposeof test, be loaded beyond the safe workingload which shall be plainly shown thereontogether with an identification mark andduly entered in the prescribed register andwhere this is not practicable, a tableshowing the safe working loads of evenkind and size of lifting machine or chain,rope of lifting tackle in use shall bedisplayed in prominent positions on the

premises;While any person is employed or workingon or near the wheel track of a travelingcrane in any place where he would beliable to be struck by the crane, effectivemeasures shall be taken to ensure that the

crane does not approach within six metersof the place.Section 29(2) empowers the stategovernment to make rules in respect ofany lifting machine or any chain, rope orlifting tackle used in factoriesPrescribing further requirement to becomplied with in addition to those set outin this section;

According to Provision

Lifting Machine (OtherThan Hoist Or Lift) AndEvery Chain, Rope AndLifting Tackle, chain pulley

blocks, are inspect by third party. Within twelvemonths it will inspect bythird party and every sixmonths they inspect.


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Providing for exemption from compliancewith all or any of the requirements of thissection, where, in its opinion, suchcompliance is unnecessary orimpracticable.

Section 29(3) lays down that for thepurposes of this section a lifting machine,or a chain, rope or lifting tackle shall bedeemed to have been thoroughlyexamined if a visual examinationsupplemented, if necessary, by othermeans and by the dismantling of parts ofthe gear, has been carried out as carefullyas the conditions permit in order to arriveat a reliable conclusion as to the safety ofthe parts examined.

Section30Revolving

machinery

Provides that in every factory in which the process of grinding is carried on. Thereshall be permanently affixed to or placednear each machine in use a noticeindicating the maximum safe working

peripheral speed of every grindstone orabrasive wheel, the speed of the shaft orspindle upon which the wheel is mountedand the diameter of the pulley upon suchshafts or spindle necessary to secure suchsafe working peripheral speed.According to section 30(2) the speedsindicated in notices under sub-section (1)shall not be exceeded. According to sub-section (3) of section 30, effectivemeasures shall be taken in every factory toensure that the safe working peripheralspeed of every revolving vessel, cage,

basket, fly-wheel, pulleys, disc or similarappliance driven by power is notexceeded.

In ABG Shipyard allmachineries are revolvingcrane, cutter, lift, chain etc.

Section31

Pressure plant

Lays down that if in any factory any plantor machinery or any part thereof is

operated at a pressure above atmospherepressure, effective measures shall be takento ensure that the safe working pressure ofsuch plant or machinery or part is notexceeded.Section 31(2) empowers the stategovernment to make rules providing forthe examination and testing of any plant ormachinery such as is referred to in sub-

There no pressure plant butthey use compressor.

Compressor maintainstemperature of vessel. Theyinspect it every six monthsand third party all inspectafter twelve months. Itmention in from no. 11.


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section (1) and prescribing such othersafety measures in relation thereto as mayin its opinion be necessary in any factoryor class or description of factories. Sub-section (3) pros ides that the state

government may, by rules, exempt,subject to such conditions as may bespecified therein, any part of any plant ormachinery referred to in sub-section (1)from the provisions of this sectio

Section32

Floors, stairs

and means of

access

All floors, steps, stairs and gangways shall be of sound construction and properlymaintained and shall be kept free fromobstructions and substances likely tocause persons to slip and where it isnecessary to ensure safety steps, stairs,

passage and gangways shall be providedwith substantial handrails;There shall, so far as is reasonably

practicable, be provided and maintainedsafe means of access to every place atwhich any person is at any time requiredto work;When any person has to work at a heightfrom where he is likely to fall. Provisionsshall be made, so far as is reasonably

practicable. By fencing or otherwise, toensure the safety of the person so working.

Handrails are providedamong all the stair case.Safety belt also given toworkers when workingmore than 2 meters height.

Section33

Pits, sumps,

opening in

floors, etc.

Provides that in every factory every fixedvessel, sump, tank, pit or opening in theground or in a floor which, by reason of itsdepth, situation, construction or contentsis or may be a source of danger, shall beeither securely covered or securely fenced.Section 33(2) empowers the stategovernment to, by order in writingexempt, subject to such condition as may

be prescribed, any factory or class or

description of factories in respect of anyvessel, sump, tank, pit or opening fromcompliance with the provisions of thissection

All the opening which issources of danger are

properly covered or fenced.

Section34

Excessive

weights

Lays down that no person shall heemployed in any factory to lift, carry ormove any load so heavy as to be likely tocause him injury. Section 34(2) authorizesthe state government to make rules

In ABG Shipyard for liftingand shift they use cranes.Trolley used for lifting orshifting of materials in caseof bulk.


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prescribing the minimum weights whichmay be lifted, carried or moved by adultmen, adult women, adolescents andchildren employed in factories or in anyclass or description of factories or in

carrying on any specified process.

Section35

Protection to

eyes

In respect of any such manufacturing process carried on in any factory as may be prescribed, the state government may by rules require that effective screens orsuitable goggles shall be provided for the

protection of persons employed on or inthe immediate vicinity of the process,

provided such process involves :- Risk ofinjury to the eyes from particles orfragments thrown off in the course of the

process, or Risk to the eyes by reason ofexposure to excessive light.

They provide goggles to theworkers during welding foreye protection.

Section36

Precautions

against

dangerous

fumes, gases, etc

No person shall be required or allowed toenter any chamber. Tank, sat, pit, pipe,flue or other confined space in anyfactory in which any gas, fume, vapour,or dusts is likely to be present to such anextent as to involve risk to persons beingovercome thereby, unless it is providedwith a manhole of adequate size or othereffective means of egress.

No person shall be required or allowed toenter any confined space as is referred toin sub-section (1), until all practicablemeasures have been taken to remove anygas, fume, vapour or dust, which may be

present so as to bring its level within the permissible limits and to prevent anyingress of such gas, fume, vapour or dustand unlessA certificate in writing has been given b acompetent person, based on a test carried

out by himself that the space isreasonably free from dangerous gas.Fume, vapour or dust ; orSuch person is wearing suitable breathingapparatus and a belt securely attached to arope the free end of which is held by a

person outside the confined space.

Any gas, fume, vapour, ordusts removed out byexhaust fan and then afterworkers are allowed toenter in tank, sat, pit, pipe,flue or other confinedspace. Moreover painting iscarried out by spray painter.Company provides boilersuit and mask for safety.

Section 36-a In any factor (a) no portable electric light All portable light or any


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Precautions

regarding the

use of portable

electric light.

or any other electric appliance of voltageexceeding twenty-four volts shall be

permitted for use inside any chamber,tank, vat, pit, pipe, flue or other confinedspace unless adequate safety devices are

provided and (b) if an inflammable gas,fume or dust is likely to be present in suchchamber, tank, vat, pipe, flue or otherconfined space, no lamp or light other thanthat of flame-proof construction shall be

permitted to be used therein.

other electric appliancehaving ELCB(EarthLeakage Circuit Breaker).When volts exceeds safelimit, circuit is

automatically breaks whichprevent electrical accidents.

Section37

Explosive or

inflammable

dust, gas, etc

Lays down that wherein an factory anymanufacturing process produces dust, gas,fume or vapour of such character and tosuch extent as to be likely to explode onignition, all practicable measures shall be

taken to prevent any such explosion byEffective enclosure of the plant ormachinery used in the process; Removalor prevention of the accumulation of suchdust, gas, fume or vapour; Exclusion oreffective enclosure of all possible sourcesof ignition.Section 37(2) provides that where in anyfactory the plant or machinery used in a

process such as is referred to in sub-section (1) is not so constructed as towithstand the probable pressure whichsuch an explosion as aforesaid would

produce, all practicable measures shall betaken to restrict the spread and effects ofexplosion by the provision in the plant ormachinery, or chokes, baffles, vents orother effective appliances.According to section 37(3) where any partof the plant or machinery in a factorycontains any explosive or inflammable gasor vapour under pressure greater thanatmospheric pressure, that part shall not be

opened except in accordance with thefollowing provisions, namleyBefore the fastening of any joint of any

pipe, connected with the part or thefastening of the cover of any opening intothe part is loosened any flow of the gas orvapour into the part of any such pipe shall

be effectively stopped by a stopvalve orother means;

There is no any suchexplosive material used inABG Shipyard. They

provides valve at differentlevel of pipes.


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Before any such fastening as aforesaid isremoved, all practicable measures shall betaken to reduce the pressure of the gas orvapour in the part of pipe to atmospheric

pressure;

Where any such fastening as aforesaid has been loosened or removed effectivemeasures shall be taken to prevent anyexplosive or inflammable gas or vapourfrom entering the part of pipe until thefastening has been secured or as the casemay be, securely replaced.But the provisions of sub-section (3) shallnot apply in the case of plant or machineryinstalled in the open air.Section 37(4) lays down that no plant,tank or vessel which contains or has

contained any explosive or inflammablesubstance shall be subjected in any factoryto any welding, brazing, soldering orcutting operation which involves theapplication of heat unless adequatemeasures have first been taken to removesuch substance and any fumes arisingthere from or to render such substance andany fumes non-explosive or non-inflammable, and no such substance shall

be allowed to enter such plant, tank orvessel after any such operation until themetal has cooled sufficiently to preventany risk of igniting the substance.

Section38

Precautions in

case of fire

In every factory, all practicable measuresshall be taken to prevent outbreak of fireand its spread, both internally andexternally, and to provide and maintainSafe means of escape for all persons in theevent of a fire. AndThe necessary equipment and facilities forextinguishing fire

Effective measures shall be taken toensure that in every factory all the workersare familiar with the means of escape incase of fire and have been adequatelytrained in the routine to be followed insuch cases.The state government may make rules, inrespect of any factory or class ordescription of factories, requiring the

All workers have beentrained against fire fighting.Refreshment training givento workers for six months toone year. At emergencythey use fire extinshgousgas. Fire arises for threereasons solid, gas and

liquid. To control fire theyusing different gas.


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measures to be adopted to give effect tothe provisions of sub-sections (1) and (2).

Notwithstanding, anything contained inclause (a) of sub-section (1) or sub-section(2). If the chief inspector, having regard to

the nature of the work carried on in anyfactory, the construction of such factory,special risk to life or safety, or any othercircumstances, is of the opinion that themeasures provided in the factory. Whetheras prescribed or not, for the purposes ofclauses (a) of sub-section (1) or sub-section (2), are inadequate, he may byorder in writing, require that suchadditional measures as he may considerreasonable and necessary, be provided inthe factory before such date as is specified

in this order.

Section39

Power to require

specifications of

defective parts

or test ofliability

Under section 39 if it appears to theinspector that any building or part of a

building or any part of the ways,machinery or plant in a factory is in such acondition that it may be dangerous tohuman life or safety, he may serve on theoccupier or manager or both of the factoryan order in writing requiring him before aspecified dateTo furnish drawings, specifications andother particulars as max be necessary todetermine whether such building, ways,machinery or plant can be used withsafety, orTo carry out such tests in such manner asmax be specified in the order, and informthe inspector of the results thereof.

Combater person approved by government underfactory act stability personand their instruction has

been completed. Every yearan inspection is carried out

by a government officer andchanges are made as pertheir instruction under theirinspection.

Section40

Safety of

building and

machinery

If it appears to the inspector that any building or part of a building or any partof the ways, machinery or plant in a

factory is in such condition that it isdangerous to human life or safety, he mayserve on the occupier or manager or bothof the factory an order in writingspecifying the measure which in hisopinion shall be adopted and requiringthem to be carried out before a specifieddate.According to section 40(2) if it appears to

All the instruction of officerare followed and carried outwithin specific time limit.


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the inspector that the use of any buildingor part of a building or any part of the waxs. Machinery or plant in a factory involvesimminent danger to human life or safety,he may serve on the occupier or manager

or both of the factory an order in writing prohibiting its use until it has beenproperly repaired or altered.

Section 40-a

maintenance of

buildings.

If it appears to the inspector that anybuilding or part of a building in a factoryis in such a state of disrepair as is likely tolead to conditions detrimental to the healthand welfare of he workers, he may serveon the occupier or manager or both of thefactory an order in writing specifying themeasures which in his opinion should be

taken and requiring the same to be carriedout before such date as is specified in theorder.

In such condition officerand management discussedabout deterministiccondition and comes tosome conclusion which isdone before specified date.

Section 40-b

safety officers

(1) in every factoryWherein one thousand or more workersare ordinarily employed orWherein, in the opinion of the stategovernment any manufacturing process oroperation is carried on. Which process oroperation involves any risk of bodilyinjury, poisoning or disease or any otherhazard to health, to the persons employedin the factory : the occupier shall, if sorequired by the state government bynotification in the official gazette, employsuch number of safety officers as may bespecified in that notification.The duties, qualifications and conditionsof service of safety officers shall be suchas may be prescribed by the stategovernment

.

In ABG Shipyard there are450 permanent employeesand 2500 contract baseemployees. There arethirteen officers out of themfive are safety officers inABG company.

4.3 WelfareSection42

Washing facility

(1) provides that in every factorAdequate and suitable facilities forwashing shall be provided and maintainedfor the use of workers;Separate and adequately screened facilitiesshall be provided for the use of male and

female workers;

There is enough washingfacility.


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Such facilities shall be convenientlyaccessible and shall be kept clean.

Section43

Facilities for

storing anddrying clothing

Empowers the state government to makerules, in respect of any factors or class or

description of factories, requiring the provision therein of suitable places forkeeping clothing not worn during workinghours and for the drying of wet clothing.

ABG provides change roomfor keeping clothing not

worn during working hoursand for the drying of wetclothing.

Section44

Facilities for

sitting

In every factory suitable arrangements forsitting shall be provided and maintainedfor all workers obliged to work in astanding position. In order that they maytake advantage of any opportunities forrest which may occur in the course of theirwork.According to section 44(2) if in the

opinion of the chief inspector, the workersof any factory engaged in a particularmanufacturing process or working in a

particular room are able to do their workefficiently in a sitting position. He may byorder in writing, require the occupier ofthe factory to provide before a specifieddate such seating arrangements as may be

practicable for all workers so engaged orworking.Section 44(3) empowers the stategovernment to declare, by notification inthe official gazette, that the provisions ofsub-section (1) shall not apply to anyspecified factory or class or description offactories or to any specifiedmanufacturing process.

There is enough facility ofsitting is provided toemployees and also a restroom for workers. Theyalso follow instructions ofofficer.

Section45

First-aid

appliances

In every factory shall be provided andmaintained so as to be readily accessibleduring all working hours first-aid boxes orcupboards equipped with the prescribedcontents and the number of such boxes or

cupboards to be provided and maintainedshall not be less than one for every onehundred and fifty workers ordinarilyemployed at any one time in the factory.Section 45(2)provides that nothing exceptthe prescribed contents shall be kept in afirst-aid box or cupboardAccording to section 45(3) each first-aid

box or cupboard shall be kept in the

They provide separate first-aid box for male and femaleemployees and workers.They also provideambulance room.


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charge of a separate responsible personwho holds a certificate in first aidtreatment recognized by the stategovernment and who shall always bereadily available during the working hours

of the factory.Section 45(4) says that in every factorywherein more than five hundred workersare ordinarily employed there shall be

provided and maintained an ambulanceroom of the -prescribed size, containingthe prescribed equipment and in thecharge of such medical and nursing staffas may be prescribed and those facilitiesshall always be made readily availableduring the working hours of the factory.

Section46Canteens.

The state government may, according tosection 46(1), make rules requiring that inany specified factory wherein more thantwo hundred and fifty workers areordinarily employed a canteen or canteensshall be provided and maintained by theoccupier for the use of the workers.Thus sub-section (1) confers general rule-making power upon the state governmentand sub-section (2) of section 46authorized the state government to makerules providing forThe date by which canteen shall be

provided;The standards in respect of construction,accommodation, furniture and otherequipment of the canteen;The foodstuffs to be served therein and thecharges which may be made thereof;The constitution of a managing committeefor the canteen and representation of theworkers the management of the canteen;(dd) the items of expenditure in the

running of the canteen which are not to betaken into account in fixing the cost offoodstuffs and which shall be borne by theemployerDelegation to the chief inspector, subjectto such conditions as may be prescribed,of the powers to make rules under clause(c).

ABG provides canteenfacility for the use of theworkers with fair price andstandard quality withefficient food stuff.


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Section47

Shelters, rest

rooms and lunch

rooms

Lays down that in every factory whereinmore than one hundred and fifty workersare ordinarily employed, adequate andsuitable shelters or rest rooms and asuitable lunch room, with provision for

drinking water, where workers can eatmeals brought b them, shall be providedand maintained for the use of the workers.But any canteen maintained in accordancewith the provisions of section 36 shall beregarded as part of the requirements ofthis sub-section, and where a lunch roomexists no worker shall eat any food in thework-room.Section 47(2) requires that the shelters orrest rooms or lunch rooms to be providedunder sub-section (1) shall be sufficiently

lighted and ventilated and shall bemaintained in a cool and clean condition.Section 47(3) provides that the stategovernment mayPrescribe the standards in respect ofconstruction, accommodation, furnitureand other equipment of shelters, restrooms and lunch rooms to be providedunder this section;By notification in the official gazette,exempt any factory or class or descriptionof factories from the requirements of thissection.

Company provides restroom and lunch room withenough drinking waterfacility. Rooms are clear,lightened and ventilated.

Section49

Welfare officer

Provides that in every factory wherein fivehundred or more workers are ordinarilyemployed the occupier shall employ in thefactory such number of welfare officers asmay be prescribed Requiring in anyfactory, or class or description of factoriesthat representatives of the workersemployed in the factory shall beassociated with the management of the

welfare arrangements of the workers

There is one welfareofficer.

4.4 Working Hours of AdultsSection51

Weekly hours

No adult worker shall be required orallowed to work in a factory for more thanforty-eight hours

Employees works fortyeight hours in a week withSunday as a holiday.

Section52

Weekly holidays

No adult worker shall be required orallowed to work in a factory on the first

day of the week (hereinafter referred to as

Sunday is the only holidayin every week.


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the said day), unless- He has or will havea holiday for a whole day on one of thethree days immediately before or after thesaid day, andThe manager of the factory has, before the

said day or the substituted day underclause (a). Whichever is earlier, -Delivered a notice at the office of theInspector of his intention to require theworker to work on the said day and of theday which is to be substituted, andDisplayed a notice to that effect in thefactory:Provided that no substitution shall bemade which will result in any workerworking for more than ten daysconsecutively without a holiday for a

whole day.Notices given under sub-section (1) may

be cancelled by a notice delivered at theoffice of the Inspector and a noticedisplayed in the factory not later than theday before the said day or the holiday to

be cancelled, whichever is earlier.Where, in accordance with the provisions

of sub-section (1) , any worker works onthe said day and has had a holiday on oneof the three days immediately before it,that said day shall, for the purpose ofcalculating his weekly hours of work, beincluded in the preceding week.

Section53

Compensatory

holidays.

Where, as a result of the passing of anorder or the making of a rule under the

provisions of this Act exempting a factoryor the workers therein from the provisionsof section 52, a worker is deprived of anyof the weekly holidays for which

provision is made in sub-section (1) ofthat section, he shall be allowed, within

the month in which the holidays were dueto him or within the two monthsimmediately following that month,compensatory holidays of equal number tothe holidays so lost.The State Government may prescribe themanner in which the holidays for which

provision is made in sub-section (1) shallbe allowed.

There is a holiday in a weekthat is Sunday. They giveother eight holidays and oneleave given on 20 daysattends.


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Section54

Daily hours

Subject to the provisions of section 51, notadult worker shall be required or allowedto work in a factory for more than ninehours in any day:

Provided that, subject to the previousapproval of the Chief Inspector, the dailymaximum specified in this section may beexceeded in order to facilitate the changeof shifts.

Employees works fortyeight hours in a week thatmeans eight hour a day andSunday as a holiday.

Section55

Intervals for

rest.

The periods of work of adult workers in afactory each day shall be so fixed that no

period shall exceed five hours and that noworker shall work for more than fivehours before he has had an interval for restof at least half an hour.

The State Government or, subject to thecontrol of the State Government, the ChiefInspector, may, by written order and forthe reasons specified therein, exempt anyfactory from the provisions of sub-section(1) so however that the total number ofhours worked by a worker without aninterval does not exceed six.

ABG provides two recess offifteen minutes and onehour lunch break whichdoes not exceed continuousfive hours.

Section57

Night shifts

Where a worker in a factory works on ashift which extends beyond midnight,- Forthe purposes of sections 52 and 53, aholiday for a whole day shall mean in hiscase a period of twenty-four consecutivehours beginning when his shift endsThe following day for him shall bedeemed to be the period of twenty-fourhours beginning when such shift ends, andthe hours he has worked after midnightshall be counted in the previous day.

There is night shift with thetiming of 8pm to 5am. Theydo not have to work for daytime.

Section58

Prohibition of

overlappingshifts

Work shall not be carried on in any

factory by means of a system of shifts so

arranged that more than one relay ofworkers is engaged in work of the samekind at the same time.The State Government or subject to thecontrol of the State Government, the ChiefInspector, may, by written order and forthe reasons specified therein, exempt onsuch conditions as may be deemedexpedient, any factory or class or

No two shifts so arranged

that more than one relay of

workers is engaged in workof the same kind at thesame time.


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description of factories or any departmentor section of a factory or any category ordescription of workers therein from the

provisions of sub-section (1).]

Section59Extra wages for

overtime

Where a worker works in a factory formore than nine hours in any day or formore than forty-eight hours in any week,he shall, in respect of overtime work, beentitled to wages at the rate of twice hisordinary rate of wages.For the purposes of sub-section (1),"ordinary rate of wages" means the basicwages plus such allowances, including thecash equivalent of the advantage accruingthrough the confessional sale to workersof food grains and other articles, as the

worker is for the time being entitled to, but does not include a bonus and wagesfor overtime work.Where any workers in a factory are paidon a piece-rate basis, the time rate shall bedeemed to be equivalent to the dailyaverage of their full-time earnings for thedays on which they actually worked on thesame or identical job during the monthimmediately preceding the calendar monthduring which the overtime work was done,and such time rates shall be deemed to beordinary rates of wages of those workers:Provided that in the case of a worker whohas not worked in the immediately

preceding calendar month on the same oridentical job, the time rate shall be deemedto be equivalent to the daily average of theearning of the worker for the days onwhich he actually worked in the week inwhich the overtime work was done.The cash equivalent of the advantageaccruing through the concessional sale to a

worker of foodgrains and other articlesshall be computed as often as may be prescribed on the basis of the maximumquantity of foodgrains and other articlesadmissible to a standard family.The State Government may make rules

prescribing-The manner in which the cash equivalentof the advantage accruing through the

Some time workers have towork for eleven hoursinstead of nine hour i.e.overtime and they entitledto wages at the rate of twicehis ordinary rate of wages.


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concessional sale to a worker offoodgrains and other articles shall becomputed; andThe registers that shall be maintained in afactory for the purpose of securing

compliance with the provisions of thissection.

Section60

Restriction on

double

employment

No adult worker shall be required orallowed to work in any factory on any dayon which he has already been working inany other factory, save in suchcircumstances as may be prescribed.

There is strict restriction ondouble employment.

Section62

Register of

adult workers

The manager of every factory shallmaintain a register of adult workers, to beavailable to the Inspector at all times

during working hours, or when any workis being carried on in the factory, showing:1. (a) The name of each adult worker inthe factory;

(b) The nature of his work;(c) The group, if any, in which he is

included;(d) Where his group works on shifts,

the relay to which he is allotted:(e) Such other particulars as may be

prescribed:Provided that, if the Inspector is ofopinion that any muster roll or registermaintained as part of the routine of afactory gives in respect of any or all theworkers in the factory the particularsrequired under this section, he may, byorder in writing, direct that such musterroll or register shall to the correspondingextent be maintained in place of, and betreated as, the register of adult workers inthat factory.

(1) No adult worker shall be required orallowed to work in any factory unless hisname and other particulars have been

entered in the register of adult workers.(2) The State Government may prescribethe form of the register of adult workers,

the manner in which be maintainedand the period for which it shall be

preserved.

They have detailed recordof each employee includingname of each adult worker,

nature of his work andgroup.


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Section66

Further

restrictions on

employment of

women

The provisions of this Chapter shall, intheir application to women in factories, besupplemented by the following furtherrestriction namely:

No exemption from the provisions ofsection 54 may be granted in respect ofany woman:No women shall be 2[required or allowedto work in any factory] except between thehours of 6 A.M. and 7 P.M.Provided that the State Government may,

by notification in the Official Gazette inrespect of 2[any factory or group or classor description of factories] very the limitslaid down in clause (b), but so that no suchvariation shall authorize the employment

of any woman between the hours of 10P.M. to 5 A.M.There shall be no change of shifts exceptafter a weekly holiday or any otherholiday]The state Government may make rules

providing for the exemption from therestriction set out in sub-section (I), tosuch extent and subject to such conditionsas it may prescribe, of women working infish-curing or fish-canning factories,where the employment of women beyondthe hours specified in the said restrictionsis necessary to prevent damage to, ordeterioration in, any raw material.The rules made under sub-section (2) shallremain in force for not more than threeyears in a time.

In ABG Women employeeworks between the hours of10A.M. and 6 P.M. and noover time for them.

4.5 Employment of Young PersonSection67Prohibition of

employment of

young children

No child who has not completed hisfourteenth year shall be required orallowed to work in any factory.

All the workers of ABG areolder than fourteen years.

Sectio

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