Odisha OSH&WC Draft Rules, 2026
Full text and citation for Odisha's rules under the Occupational Safety, Health and Working Conditions Code, 2020, parsed verbatim from the official gazette PDF. Use the source PDF for reliance.
Full rule text
> 医疗机构
EXTRAORDINARY PUBLISHED BY AUTHORITY No. 665, CUTTACK, MONDAY, FEBRUARY 16, 2026/ MAGHA 27, 1947
LABOUR & E.S.I. DEPARTMENT
The 15th February, 2026 No.1166-LESI-LR-POL-0003/2026/LESI.- Whereas subsequent to enactment of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) (in short ‘the said Code’) by the Parliament, the Central Government vide Notification No. S.O. 5321(E), dated the 21st November, 2025, published in the Gazette of India, Extraordinary, Part II, section 3, subsection 3(ii), have brought into force all the provisions of the said Code;
- (iii) the Odisha Motor Transport Workers Rules, 1966,
- (vi) the Odisha Contract Labour (Regulation and Abolition) (Conditions of Service) Rules, 1975,
- (vii)the Odisha Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980,
- (viii) the Odisha Building and Other Construction Workers (Regulation of Employment and Condition of Services) Rules, 2002,
- (ix) the Odisha Dock Workers (Safety, Health & Welfare) Rules, 2023,
- (x) the Odisha Dock Workers (Safety, Health & Welfare) Regulations, 2023, made by the State Government in exercise of the powers conferred by the Factories Act, 1948 (63 of 1948), the Motor Transport Workers Act, 1961 (27 of 1961), the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), the Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996), the Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986), as the case may be, which are repealed by sections 143 of the said the Occupational Safety, Health and Working Conditions Code 2020, except as respect of things done or omitted to be done before such supersession are hereby notified as required by sub-section (1) of section 133 and sub-section (1) of section 135 for information of all persons likely to be affected thereby and notice is hereby given that, the said draft notification will be taken into consideration after the expiry of a period of forty-five days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public; Objections and suggestions, which may be received from any person with respect to the said draft notification before expiry of the period specified above, will be considered by the State Government.
Draft
CHAPTER I
PRELIMINARY
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- Short title, extant and commencement.– (1) These rules may be called the Odisha Occupational Safety, Health and Working Conditions Rules, 2026.
- (2) They shall extend to the whole State of Odisha.
- (3) They shall come into force on the date of their publication in the Odisha Gazette.
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(i) “Appellate officer” means the officer as notified by the State Government under section 4 and include the appellate authority to be notified by the State Government under sub-section (6) of section 119;
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(iv) “Board” means the Odisha Occupational, Safety and Health Advisory Board constituted under section 17;
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(v) "Calendar year" means the period of twelve months beginning with the first day of January in any year;
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(vi) "casual leave" means leave to cover casual absence of the employees from duty for personal reasons;
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(vii) “Central rules” means “The Occupational Safety, Health and Working Conditions (Central) Rules, 2026;
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(ix) “Code” means the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020);
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(x) “Compounding Officer” means an officer notified by the State Government under section 114;
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(xi) “Dangerous Occurrence” means any dangerous occurrence specified in the Schedule of rule 9 taking place in a factory or any undesired event, which may be infrequent but has a high potential for severe injury and/or death;
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(xiii) “electronically” means any information submitted by email or uploading on the designated portal or digital payment in any mode for the purposes of the Code;
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(xvi) “Hazardous substance” means any chemical or substance as defined in rule-2(e) of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, along with its quantity in column-3 of Schedules-2 and 3 of the said Rules, as amended from time to time;
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(xviii) “Licensing Authority” means the licensing authority appointed by the State Government for purpose of these rules;
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(xix) “Major Accident Hazard (MAH) installations” means a factory defined in rule 2(ja) of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989;
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(xx) “Manager” means a person nominated or appointed by the employer of the establishment and responsible to the occupier for the working of the factory for the purpose of the code and rules;
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(xxi) “Medical Officer” means a person appointed under section 42 of the Code by the Government of Odisha for the purposes of this Code within such local limits or for such factory or class or description of factories as it may assign to them respectively;
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(xxii) "National standards" means standards as approved by Bureau of Indian Standards and in the absence of such standards of Bureau of Indian Standards, the standards approved by the Central Government for a specific purpose;
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(xxiv) “Officer In charge Canteen” means the person (other than manager) appointed by the employer for securing compliance with the provision in respect of canteens under the code for docks;
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(xxv) “Port” include all ports other than the major port in the State of Odisha as defined in the clause (8) of section 3 of the Indian Ports Act, 1908;
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(xxvi) “Registering officer” means the registering officer appointed by the State Government for purpose of these rules;
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(xxix) “section” means the section of the Code;
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(xxx) “State Government” means the Government of Odisha.
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(xxxi) “Social Security Fund” means Odisha Unorganised Workers’ Social Security Fund established under the Code on Social Security, 2020.
CHAPTER-II
- Application for registration under sub-section (1) and (2) of section 3.— (1) (i) The employer seeking registration for an establishment not already registered shall apply electronically in Form-I within sixty days from the date of applicability of the Code on the designated portal of the State Government by giving details about the establishment, and uploading documents related to registration of the establishment, proof of identity and address of the employer(s)/occupier as specified in the said form. The said form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.
- (ii) The application shall be accompanied by the fees, as notified by the State Government by notification from time to time, to be deposited electronically: Provided that the Registering Officer may entertain any such application for registration after the expiry of sixty days from the date of applicability of the Code, on payment of an additional fee of twenty-five percent, along with late fee as under of the fees payable for registration.
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| Period of delay | Percentage of fees | | --- | --- | | Up to 30 days | 5% | | Up to 60 days | 10% | | Up to 90 days | 15% | | Above 90 days | 1% everyday |
- (iii) The Permanent Account Number (PAN) of the applicant or the establishment allotted under the Income Tax Act, 1961 (43 of 1961) or any other unique number allotted to the establishment under any other Act for the time being in force or any other particular furnished in the Form, may be verified online. Provided that in exceptional circumstances the State Government may, for such period, by notification, as specified therein dispense with requirement of electronic registration, in respect of establishment or class of establishment, for part or whole state, and submission of application in Form-I so provided, may be allowed.
- (v) The certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at the conspicuous place(s) in hard copy or electronically.
- (2) The Registering Officer under the Code may direct the employer who fails to comply with the requirements of sub-rule (1), to comply such requirements within the time stated in such direction and such employer shall thereupon comply with the direction issued by such Officer in this behalf.
- (3) The employer in respect of an establishment already registered under any other State/Central labour law for the time being in force shall, update the registration particulars on the designated portal of the State Government, within six months from the date on which this Rule comes into force.
- (4) Any registration obtained by providing wrong information shall be liable to be cancelled provided that establishment has been given an opportunity to show cause within a period of thirty days, electronically or by registered post or by speed post, as to why the certificate of registration should not be cancelled. (7) The employer of an establishment, to which the provisions of the Code apply and whose business activities are in process of closure, may apply for cancellation of registration online on the designated portal of the State Government after giving complete details of the dues payable under the Central Labour Codes or State labour laws for the time being in force: Provided that no such application for cancellation of registration shall be entertained unless the employer has furnished all statutory returns, paid all statutory dues under the Central labour Codes and any other Central or State labour laws for the time being in force and submitted a self-certification to that effect along with the application. (8) The Registering Officer shall maintain a register of establishment electronically in Form-III showing the particulars of establishment in relation to which certificates of registration have been issued by him.
(9) The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitator, having jurisdiction in the area where the proposed establishment is situated or as the case may be, the work is to be executed, intimating the actual date of the commencement, completion of work and cessation of establishment, as the case may be, in Form-IV electronically and the same shall be auto-shared to the Employees' Provident Fund Organization (EPFO) and the Employees' State Insurance Corporation (ESIC). 5. Appeal under section 4.—(1) The employer, aggrieved by the order of Registering Officer, may appeal against such order before the appellate officer notified by the State Government for such purpose within thirty days from the date of receipt by him of such order, electronically or by registered post or by speed post. (2) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, acknowledge it and intimate admission of such appeal, and shall register the appeal in electronic form or as specified by the Government by general or special order.
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shall thereupon send the records of the case to the appellate officer online electronically or by registered post or by speed post.
- (4) On receipt of the appeal, the appellate officer shall send a notice electronically or by registered post or speed post to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal. If the appellant is present when the appeal is called on for hearing, the appellate officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for this purpose, and pronounce judgement on the appeal confirming, reversing or varying the order appealed against the appeal is preferred.
- (5) If on the date fixed for hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellants by sending the copy of the order of dismissal to the applicant electronically or by registered post or speed post.
- (6) Where an appeal has been dismissed, the appellant may apply electronically or by registered post or speed post, to the appellate officer for the restoration of the appeal within thirty days from the date of receipt of the order of dismissal under sub-rule (5) and if the appellate officer is satisfied that the appellant was prevented by sufficient cause from appearing, the appellate officer shall restore the appeal.
- (7) The order of the appellate officer under sub-rule (6) shall be communicated electronically or by registered post or speed post to the appellant and copy thereof shall be sent to the Registering Officer against whose order the appeal has been preferred.
- (8) An appeal under this rule shall be disposed of within thirty days from the date on which the appeal is received under section 4.
CHAPTER-III
DUTIES OF EMPLOYER AND EMPLOYEE
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examination shall be conducted by a qualified medical practitioner as per proforma specified in the Form-V. The Medical Examination Certificate shall be submitted by the qualified medical practitioner to the concerned employer and employee: Provided that an employer may avail facility for medical examination of the employee(s) under relevant rules made under the Code on Social Security, 2020, through the Employees' State Insurance Corporation (ESIC). Provided further that the workers employed in a ‘hazardous process’ and ‘dangerous operations’ shall be medically examined in the manner as may be prescribed by the Central Government in the standards framed under section 18 of the Code in respect of factories. 8. Letter of appointment to employee under clause (f) of sub-section (1) of section 6.— No employee shall be employed in any establishment unless he or she has been issued a letter of appointment in the format given below: Provided that, an employee who has not been issued an appointment letter containing the required particulars, shall be issued an appointment letter within three months of coming into force of this rule.
- (i) Name of employee:
- (ii) Date of birth:
- (iii) Father’s / Mother’s name:
- (iv) Aadhaar number:
- (v) Labour Identification Number (LIN) of the establishment:
- (vi) Universal Account Number (UAN) or Insurance Number (ESIC) (if available):
- (vii) Designation:
- (viii) Category of skill:
- (ix) Date of joining:
- (x) Wages/Basic/Pay and Dearness Allowance:
- (xi) Other allowance including accommodation whichever is/are applicable:
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- (xiv) Broad Nature of duties to be performed:
- (xv) Any other information: Signature of occupier or employer or owner or agent or manager
- Notice of accidents and dangerous occurrences under sub-section (1) of section 10 and section 11.— (1) Where at any place in an establishment which is a factory, dock work or building or other construction work, an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-VI electronically and inform by telephone to the Inspector-cum-Facilitator and Chief Inspector-cum-Facilitator and District Magistrate or Sub-Divisional Officer, the officer-in-charge of the nearest police station and the family members of the injured or deceased person. (3) Wherein an establishment which is a factory or building or other construction work or minor dock, there is any dangerous occurrence as specified in the Schedule annexed hereto, whether causing any bodily injury or disability or not, a notice in Form-VI shall within twelve hours be sent to:
- (e) the relatives of the injured or deceased person: Provided that if in the case of an accident or dangerous occurrence, death occurs to any person injured by such accident or dangerous occurrence after the notices referred to in the foregoing sub-rules have been sent, the employer or occupier or manager of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in writing within twelve hours of the death:
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Provided further that, if the period of disability from working for 48 hours or more referred to in sub-rule (2) does not occur immediately following the accident, or the dangerous occurrence, but later on, occurs in more than one spell, the report thereof referred to shall be sent to the Inspector-cum-Facilitator in the Form-VI within 24 hours following the hours when the actual total period of disability from working resulting from the accident or the dangerous occurrence becomes 48 hours.
SCHEDULE
- (i) Bursting, of any plant or pipeline or equipment containing petroleum, steam, compressed air or other substance at a pressure greater than the atmospheric pressure;
- (vi) Collapse of any wall, floor, gallery, roof bridge, tunnel, chimney, wall, building or subsidence of soil or any other structure, platform, staging, scaffolding or any means of access including formwork, contact work, excavation and collapse of transmission;
- (vii) Spillage or leakage of hazardous substances and damage to their container;
- (viii) Collapse, capsizing, toppling or collision of transport equipment within the establishment;
- (ix) Fall from height of any excavation, loading or transport machinery;
- (x) A breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons may be endangered;
- (xi) A failure of any structure or installation whereby the safety of persons may be endangered; or spark generated due to electrical flash-over causing burn injury to any person;
NOTICE OF DISEASE
- (1) Name and address the employer or Occupier or Manager
- (2) Name and address of establishment:
- (3) Nature of establishment:
- (4) Details of Patient:
- (b) Worker number of patient:
- (c) Address of patient:
- (d) Precise occupation of patient:
- (5) Nature of disease from which patient is suffering:
- (8) Has the case been reported to the Medical Officer: Date: Signature of employer or occupier or manager
- (2) If any qualified medical practitioner attends on a person who is or has been employed in an establishment and who is or is believed by the qualified medical practitioner to be suffering from any disease specified in the Third Schedule to the code, the qualified medical practitioner shall without delay send a report in writing to the office of the Chief Inspector-cum-Facilitator stating-
- (a) the name and full postal address of the patient,
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- (c) the name and address of the establishment in which the patient is or was last employed.
13. State Occupational Safety and Health Advisory Board under sub-section (2) of section 17.-
- (c) Member Secretary, Odisha State Pollution Control Board - Member, ex-officio
- (d) Principal Chief Conservator of Forest - Member, ex-officio
- (f) Director of Factories and Boilers, Odisha - Member Secretary, ex-officio
- (g)Chief Engineer (Buildings), Works Department - Member, ex-officio
- (h) Chief Engineer (Rural Development Department) - Member, ex-officio
- (i) Deputy Chief Controller of Explosive - Member, ex-officio
- (k)Director, Health Services, Odisha - Member, ex-officio
- (1) Two representatives of employers nominated by the State Government - Member
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- (m) Two representatives of employees nominated by the State Government - Member
- (n) A representative of professional body associated with the matter for which standards, rules, policies being framed nominated by the State Government - Member
- (p)One Special invitee for seeking inputs in specific matter nominated by the State Government.
- (2) Tenure of Board.- The tenure of Board of members as referred in clauses (l), (m), (n), (o), (p) of sub-rule (1) shall be three years. (2) The seat of such member shall fall vacant from the date on which his resignation is accepted by the State Government or on the expiry of thirty days from the date of receipt of the letter of resignation by the State Government, whichever is earlier.
- Cessation of membership.— If any member of the State Board, not being an ex-officio member, fails to attend three consecutive meetings of the State Board without obtaining the leaves sanctioned by the Chairperson of State Board for such absence, he shall cease to be a member of State Board: Provided that the State Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of State Board.
- (i) if he is of unsound mind and stands so declared by a competent authority;
- (ii) if he is an un-discharged insolvent; or
- (iii) if he has been convicted for an offence, having a penalty of imprisonment of three months or more.
- Removal from Membership.— The State Government may remove any member of the State Board, if in its opinion such member has ceased to represent the interest which he purports to represent on such State Board:
- Notice of Meeting and List of Business.—(a) Ordinarily, two weeks’ notice shall be given to the members of the State Advisory Board of a proposed meeting: Provided that, two weeks’ notice shall not be necessary where, in the opinion of Chairperson of the State Advisory Board, business of an emergent nature has to be transacted. Provided that where there is no opinion of majority on a matter and the members of the State Advisory Board are equally divided, the Chairperson of the State Advisory Board shall have a second or a casting vote. (b) No act or proceedings of the State Advisory Board shall be invalid merely for reasons of any vacancy in or any defect in constitution of the State Advisory Board.
- Meeting of the Board and Quorum. – (1) (a) The Board shall meet once in a six month or may meet as often as necessary:
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- (2) Chairperson to preside at meetings.– The Chairperson shall preside over all meetings of the Board, and if the Chairperson is, for any reason, unable to attend a meeting of the Board, any member nominated by the Chairperson in this behalf, and in the absence of such nomination, any other member elected by the members present from amongst themselves at the meeting, shall preside at the meeting.
- (3) Minutes of meetings.– The proceedings of each meeting of the Board shall be recorded and circulated to all members after approval by the Chairperson as soon after the meeting as possible, subject to confirmation in the next meeting of the Board. After such confirmation, they shall be recorded in a Minute Book, which shall be kept for permanent record.
- (4) Allowances payable to Non-official members.– Every non-official member shall be paid travelling allowance and daily allowance for attending meetings of the Board and its sub-committees at rates admissible to Group-A officers of the State Government.
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- (i) A member of the Technical Committee, not being an ex officio member, may resign his office by a letter in writing addressed to the State Government through the Chairperson of the Technical Committee. Provided that no such member shall be removed unless a reasonable opportunity is given to him of making a representation against the proposed action under this rule.
- Safety Committee under section 22.—(1) In following class of factories or establishments:
- (a) major accident hazard factories irrespective of workers ordinarily employed,
- (b) a factory carrying on “hazardous process” or operations declared to be “dangerous operations” under section 82 of the Code wherein fifty workers or more are ordinarily employed,
- (c) any other factory or establishment wherein two hundred fifty or more workers are ordinarily employed, The representative of the workers shall be chosen by the registered trade Union. In case where there is no registered trade union the members may be chosen by the workers of the factory/establishment: Provided that there shall be adequate representation of the women workers in the committee.
- (2) Safety Committee shall have the right to be adequately and suitably informed of –
- (ii) data on accidents as well as data resulting from surveillance of the working environment and of the health of employees, conducted at such establishments or factories.
- (3) The owner, employer, occupier, agent or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee shall take action to implement the recommendations.
- (c) A representative each from the production, maintenance and purchase departments.
- (d) A representative each from the engineering or technical, plant and machinery and purchase departments for building and other construction work;
- (e) In case of common safety committee, minimum one employee from each factory shall be nominated by the occupier.
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- (a) where there is a sole negotiating union or negotiating union under sub-section (2) or sub-section (3) of section 14 or a negotiating council under sub-section (4) of section 14 of the Industrial Relations Code, 2020 (35 of 2020) such negotiating union or negotiating council, as the case may be, shall nominate the worker’s representatives on the Safety Committee and in the case of the negotiating council, the nomination shall be in the manner that every registered Trade Union representing in negotiating council shall be represented in the Safety Committee in proportion to the number of workers of the industrial establishment who are members of such Trade Union;
- (b) where there is no such sole negotiating union or negotiating union or negotiating council as referred to the clause (a), the workers of the industrial establishment shall choose amongst themselves the worker’s representatives to the Safety Committee: Provided that, the employer may, deploy an electronic process of conducting the process of choosing representative of workers over an information technology application, online platform or like other platform under: Provided also that in case there is no recognized both negotiating union or negotiating council and where any dispute arises regarding choosing of the worker’s representative to the Safety Committee, the matter may be referred to the concerned Joint Labour Commissioner having jurisdiction, who shall after hearing the parties decide the matter and his decision shall be final.
- (3) The minutes of the meeting of the Safety Committee constituted under sub-rule (1) shall be recorded and sent to the Inspector-cum-Facilitator having jurisdiction.
- (f) looking into the matters likely to cause danger to the safety and health of the workers and suggest corrective measures; and
- (g) reviewing the implementation of the recommendations made by it.
- Function and duties of the Safety Committee.— The functions of the Committee shall be –
- (a) To discuss remedial measures against the unsafe conditions and practices in the establishment as pointed out in the reports of worker’s representative brought to the notice of the Committee and make appropriate recommendations;
- (b) To discuss the report of inquiry into accident, dangerous occurrences etc. and make appropriate recommendation;
- (c) To formulate and implement appropriate safety campaign based on analysis of accidents and dangerous occurrences;
- (d) To serve as a forum for communication on Safety and occupational health matter;
- (e) To discuss the Standard Operating Procedures(SOP) prepared for different plant, equipment, installations and methods at factories/establishment and make appropriate recommendations;
- (f) Stimulating interest of employer and building workers in safety by organizing safety weeks, safety competition, talks and film shows on safety, preparing posters or taking similar other measures as and when required or as necessary;
- Safety Officer for Factory and Building or Other Construction Works.— (1) In every establishment wherein 250 or more workers, building and other construction work wherein 250 or more workers, factories wherein 500 or more workers and factories involving any hazardous process as per clause (zb) of section 2 or any operation declared to be dangerous under section 82 wherein 250 or more workers and major accident hazard factories irrespective of workers ordinarily employed, the employer/ occupier shall employ Safety Officer as per the scale mentioned below:- | Sl. No. | Licenced manpower | No. of safety officers to be appointed | | --- | --- | --- | | 1. | Upto 250 workers | One safety officer | | 2. | For more than 250 workers | One additional safety officer for every 250 workers and fractions thereof | (B) For factories carrying on hazardous process | Sl. No. | Licenced manpower | No. of safety officers to be appointed | | --- | --- | --- | | 1. | 250 to 500 workers | One safety officer | | 2. | For more than 500 workers | One additional safety officer for every 500 workers and fractions thereof | (C) For other factories | Sl. No. | Licenced manpower | No. of safety officers to be appointed | | --- | --- | --- | | 1. | 500 to 1000 workers | One safety officer | | 2. | For more than 1000 workers | One additional safety officer for every 1000 workers and fractions thereof | (D) For Building & other construction work | Sl. No. | Licenced manpower | No. of safety officers to be appointed | | --- | --- | --- | | 1 | 250 to 500 workers | One safety officer | | 2 | For more than 500 workers | One additional safety officer for every 500 workers and fractions thereof | for such factories in the nearby vicinity as may be assigned by the Chief Inspector-cum-Facilitator from time to time.
- Daily and weekly hours with intervals and spread over under clause (b) of sub-section (1) of section 25.— (1) No worker shall be required or allowed to work in an establishment for more than forty-eight hours in any week. (2) The period of work in each day subject to sub-rule (1), interval for rest and spread over shall be as notified by the State Government. (2) No adult worker shall be required or allowed to work in an establishment on the weekly day of rest (hereinafter referred to as the said day), unless,-
- (i) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day; and
- (ii) the employer of the establishment has, before the said day or the substituted day under clause (i), whichever is earlier,-
- (b) displayed a notice to that effect in the establishment:
Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. 31. Compensatory Holiday.— (1) Where, a worker is deprived of any of the weekly holidays for which provision is made under section 26 of the Code, except in the case of worker engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (3) of section 26 shall be so spaced that not more than two compensatory holidays are given in one week.
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(3) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal. (2) In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and in case of more than 30 minutes it shall be rounded and shall be counted as an hour on actual basis. (4) The total number of hours of work in any day shall not exceed twelve hours, inclusive of intervals for rest and overtime, except in the following circumstances in respect of factories and building or other construction work, namely:-
- (a) urgent repairs;
- (b) work in the nature of preparatory or complimentary work;
- (d) work which for technical reasons must be carried on continuously;
- (i) engaged in process on account of the break-down of machinery;
- (k) exceptional press of work; and
CHAPTER-VI
MAINTENANCE OF REGISTERS, RECORDS AND RETURNS
- Notice of periods of work under sub-section (2) of section 31.— The notice referred to in sub-section (2) of section 31 shall be displayed at conspicuous places on a notice board or electronic board of the establishment and maintained in Form-VII and a copy of such notice shall be sent to Inspector-cum-Facilitator electronically or by registered post or speed post.
- Maintenance and production of reports, registers and other records under section 33.– (1)
Every employer of establishment shall maintain:-
- i. Register of employees in Form VIII
- ii. Register of attendance-cum-muster roll in Form VIII (A)
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Every employer shall produce records and registers, on demand before the Inspector-cum-facilitator or any person authorized in that behalf of the State Government. All the registers and other records shall be preserved in original for a period of at least five calendar years from the date of last entry made therein. (2) Every employer shall issue wage slips, electronically or manually to the employees in Form VIII C on or before of payment of wages to the employee. (ii) In respect of establishment which are required to maintain register under the rules framed under the Code on Wages 2019 and the Code on Social Security, 2020, the following registers and wage slips required to be maintained by the employer of the establishment under those Codes and rules made there under shall be deemed to be maintained by the employer under these rules, namely:-
- (d) Wage slip
- (b) If the employer to which the provisions of this Code applies sells, abandons or discontinues the working of the establishment, then he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance as the case may be, upload online, on the designated portal of the State Government, a further unified return in Form-IX referred to in clause (a) and half yearly return in Form-IXA in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.
- (c) in case of manual registers and other records, be legibly entered in ink in English and Odia language;
- (d) be preserved in original for a period of at least five years after the date of the last report or entry:
- (e) be produced, electronically or by registered post or speed post, on demand before the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or any person authorized in that behalf of the State Government.
- The manner and form of displaying notices under clause (b) of section 33.— Every employer shall display or cause to be displayed at the conspicuous place of the workplace of the establishment under his control, notices showing the name and address of the establishment, hours of work, wage period, date of payment of such wages, details of accident and dangerous occurrence in the establishment for the last five years, name and address of the Inspector-cum-facilitator having jurisdiction to such establishment and date of payment of unpaid wages to such workers in English and Odia Language.
- Register of accident and dangerous occurrences.— The register of accident and dangerous occurrences required by clause (d) of section 33 of the Code shall be maintained in Form-X.
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- Power to take samples of any articles or substances under clause (x) of sub-section (1) of section 35.— (1) An Inspector-cum-Facilitator shall take samples or substances in an establishment as per the inspection scheme mandated under the designated portal of the State Government after informing the employer of the establishment, taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the establishment, such use being – (3) The person informed as aforesaid shall, if the Inspector-cum-Facilitator requires, provide the appliance for dividing, sealing and marking the sample taken under this rule.
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- (b) forthwith send the second portion to a Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) for analysis and report thereon;
- (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.
- (a) in the belief of the Inspector-cum-Facilitator in contravention of any of the provisions of the Code or the rules made thereunder, or
- (b) in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to, or injury to the health of employee in the factory/ building or other construction work.
- (4) Where the Inspector-cum-facilitator takes a sample under sub-rule (3), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark there to.
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- (5) The person informed as aforesaid shall, if the Inspector-cum-facilitator so requires, provide the appliance for dividing, sealing and marking the sample taken under this section. Provided that the Inspector-cum-Facilitator shall give reasonable opportunity to the occupier, owner and manager of the factories to submit a valid factory license.
- (b) The order of cessation of activities of such factory shall stand revoked on production of valid factory license by the occupier, owner and manager.
- (8) Information required by the Inspector-cum-Facilitator.- The occupier, owner or manager of a factory shall furnish any information that an Inspector-cum-Facilitator may require for the purpose of satisfying himself whether any provision of the Code has been complied with or whether any order of an Inspector-cum-Facilitator has been duly carried out. Any demand by an Inspector-cum-Facilitator for any such information if made during the course of inspection, shall be complied forthwith if the information is available in the factory or, if made in writing shall be complied with within seven days of receipt thereof.
- (ii) If it appears to the Inspector-cum-Facilitator that use of any building or part or of building or any part of the ways, machinery or plant in a factory involves 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 been properly repaired or altered and after written permission from the Inspector-cum-Facilitator with prior approval of the Chief Inspector-cum-Facilitator. (c) The application for certificate of recognition as in Form-XIII shall accompany a registration fee Rs.5,000/- (Rupees five thousand) only in shape of treasury challan under the head of account as notified by Government from time to time for each such applicant. The fees once paid is not refundable.
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- (i) has violated any condition stipulated in the certificates of competency; or
- (ii) has carried out a test examination and inspection or has acted in a manner inconsistent with the intent or the purpose of the Act or these rules.
- (i) degree in branch of Chemical, Mechanical, Electrical or Production Engineering from recognized institution and having ten years of experience in manufacturing, maintenance, design, project or safety department in the supervisory or above capacity in factories; or
- (ii) diploma in branch of Chemical, Mechanical, Electrical, Production Engineering and diploma in industrial safety from recognized institution and having fifteen years' of experience in manufacturing, maintenance, design, project or safety department in the supervisory or above capacity in factories; or degree of Bachelor of Science with Physics and/or Chemistry and diploma in industrial safety from recognized institution and having fifteen years' experience in manufacturing or maintenance or safety Department of any establishment in the supervisory or above capacity in factories, and one year full time Diploma in Industrial Safety recognized by the Board of Technical Education or All India
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- (iii) degree or diploma in any branch of Engineering and having fifteen years of experience in Factory Inspectorate or Directorate of Industrial Safety and Health or fifteen years of experience in the DGFASLI or Central Labour Institute or Regional Labour Institutes of DGFASLI.
- (iv) should have undergone specialized safety auditor course imparted by Regional Labour Institutes or Central Labour Institutes or any other institute of repute recognized by the Central Government or State Government.
- Appointment of Medical officer under sub-section (1) of section 42.- The Medical Officer shall be a medical practitioner who possesses any recognised medical qualification as defined in the National Medical Commission Act., 2019 (30 of 2019) and who is enrolled on a Indian Medical Register as defined in clause (e) and on a State Medical Register as defined in clause (1) of section 35, 36, 37 and 40 of the said Act.
- Duties of medical officer under sub-section (2) of section 42.— The duties of medical officers shall as may be prescribed by the Central Government in the standards framed under section 18 of the Code.
SPECIAL PROVISION RELATING TO EMPLOYMENT OF WOMEN
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- (ii) No woman shall be employed against the maternity benefit provisions laid down under the Code on Social Security, 2020;
- (iii) Adequate transportation facilities with GPS tracking system shall be provided to women workers to pick-up and drop near their residence;
- (iv) The Occupier / employer of an establishment shall provide separate toilet and washroom facilities for women employees;
- (vii) Boarding and lodging for women workers, where applicable, shall be kept exclusively for women under the control of women wardens or supervisors;
- (viii) Dedicated telephone numbers of the establishment along with Government Toll-free Helpline number for Women (181) and Labour & ESI Department Helpline number 18003456703 shall be displayed prominently and conspicuously at the establishment and inside vehicles used for transportation of workers;
- (ix) Any Occupier employing women during night shift, shall submit a Self-certification in Form-XXX, electronically, in the designated portal of the Department, that he or she has fulfilled all conditions and provided all the facilities as mentioned in this rule and shall take due care and diligence regarding the safety, security and dignity of women workers;
- (x) The provisions of the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013), as applicable to the establishments, shall be complied with. The State Government may declare from time to time, by notification, the class of establishments and the standard for safeguarding of women in hazardous and dangerous processes.
CHAPTER-IX
Part-I
Contract Labour
- Conditions of License under sub-section (3) of section 47.— (1) The contractor shall ensure that: (3) The contractor shall intimate within fifteen days of the receipt of a contract work order about the details of the contract work order in the manner as specified in rule 59. (4) For the purposes of obtaining licence, the contractor as an entity or as an individual should not be an un-discharged insolvent or convicted any time during the last two years of an offence which is criminal in nature involving offences, which are liable for punishment for more than three months of imprisonment or must not be black-listed by any department of Government. (5) If a contractor is desirous of obtaining common licence for:
- (b) on receipt of such application for a single licence submitted electronically to the authority notified in this behalf under sub-section (1) of section 119 of this code, the concerned districts shall be consulted electronically. If no response is received within fifteen days from the date of issue of such communication the consultation process is deemed to have been complied with.
- (8) Copy or copies of the licence so issued shall be sent to the concerned District Labour Officer (Enforcement), in whose jurisdiction the contract work or works for which the licence is issued, falls.
- Forms, terms and conditions of license under section 48.—(1) Every license granted under this chapter shall be in Form- XVI.
- (2) Every license granted or renewed is subject to the following conditions, namely:—
- (iii)save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the license shall be non-refundable;
- (3) The fees to be paid for the grant of a license shall be as specified in the table below, namely:- | (a) | No license is required up to 49 contract labour | Nil. | | --- | --- | --- | | (b) | 50 and above but not exceeding 100 contract labour | Rs. 1000 | | (c) | 101 and above but not exceeding 300 contract labour | Rs. 2000 | | (d) | 301 and above but not exceeding 500contract labour | Rs. 3000 | | (e) | 501 and above but not exceeding 1000 contract labour | Rs. 5000 | | (f) | 1001 and above but not exceeding 5000 contract labour | Rs. 10000 | | (g) | 5001 and above but not exceeding 10000 contract labour | Rs. 20000 | | (h) | 10001 and above but not exceeding 20000 contract labour | Rs. 30000 | | (i) | 20001 and exceeding contract labour | Rs.40000 |
- Renewal of license under sub-section (3) of section 48.– (1) Every contractor shall apply electronically on the designated portal of the State Government to the licensing authority for renewal of the license.
- (2) Every such application shall be submitted on the portal referred to in sub-rule (1) at least thirty days prior to expiry of license period but not before ninety days of such expiry of license.
- (3) The fee chargeable for renewal of the license shall be the same as for the grant of license under rule 55: (2) If the authority is satisfied that there is no breach of the conditions of license or there is no order for the forfeiture of security deposit or any portion thereof, he shall direct the refund of the security deposit to the applicant. (3) If there is any order directing the forfeiture of any portion of contractor’s security deposit, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, shall be refunded to the contractor within thirty days from the making of application under sub-rule (1). (4) Any application for refund shall, as far as possible, be disposed of within thirty days of the making of such application.
- Responsibility of contractor under sub-section (4) of section 48.— (1) The rates of wages payable to the workers by the contractor shall not be less than the rates fixed under the Code on Wages, 2019 and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed. (2) In case where the contract labour employed by the contractor performs the same or similar kind of work as the worker directly employed by the principal employer of the establishment, the holidays, hours of work and other conditions of service of the contract labour of the contractor shall be the same as applicable to the workers directly employed by the principal employer of the establishment on the same or similar kind of work. In case of any dispute whether the work is of similar kind, the matter be referred to the concerned Joint Labour Commissioner whose decision shall be final. (3) In other cases the wage rates, holidays, hours of work and conditions of service of the contract labour of the contractor shall be such as specified under the Code and rules made there under.
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- Revocation or suspension of license under sub-section (2) of section 50.– (1) If the authority is satisfied that the licence has been obtained by mis-representation or suppression of any material fact or if the contractor has failed to comply with the conditions subject to which licence was granted or the contractor has contravened any provision of Part-I of Chapter-XI of the Code or rules made there under, the authority shall issue a show cause notice of 15 days to the contractor electronically.
- (3) If the contractor has complied with the concerned provisions of the Code and rules made thereunder within the stipulated time period, the Licensing Authority shall revoke the suspension giving a speaking order or else the suspension may be continued.
- (4) If the contractor fails to comply with the order in sub-rule (1), the licencing authority may forthwith pass an order of revocation of license, recording the reasons thereof and communicate to the contractor electronically or by registered post or speed post. The copy of the order shall be endorsed electronically to the Labour Commissioner, Odisha and the Divisional Labour Commissioner having jurisdiction.
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- Responsibility of payment of wages under section 55.- (1) The contractor shall fix the wage periods in respect of which wages shall be payable and no wage period shall exceed one month. (6) Every contractor (including the contractors employing less than 50 contract labours) shall send half-yearly return in Form-IXA so as to reach the licensing authority concerned not later than 30 days from the close of the half year, electronically, that is to say January to June and July to December. (7) In case the contractor fails to make payment of wages to the contract labour within 7 days of completion of wage period, then the principal employer shall take necessary action and make payment of wages in full or the unpaid balance dues, as the case may be, to the concerned contract labour employed by the contractor within 15 days and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as debt payable by the contractor or from the security deposit lying with the principal employer. (8) Every principal employer of an establishment shall submit annual return in FORM-IX (Part-II) so as to reach the licensing authority and Divisional Labour Commissioner, having jurisdiction, not later than 1st February following the end of each Calendar year electronically, except in cases of contract which undertakes to produce given result.
- Making payment of wages from the security deposit amount under sub-section (4) of section
55.— If the contractor or principal employer does not pay the wages to the contract labour employed by him, the Labour Commissioner, Odisha or his representative or the competent officer as may be notified by the State Government shall conduct or cause to conduct, an inquiry and after giving an opportunity to be heard to the contractor shall pass an order to make payment if any, of such wages from the amount deposited by the contractor as security deposit. The contractor shall re-furnish the security deposit within a period of fifteen days or else his license will be liable to be suspended. 61. Experience certificate under section 56.— Every concerned contractor shall issue on demand, experience certificate in Form-XVII to the contract labour giving details of the period, work performed, experience gained in various fields performed by such contract labour. 62. The form and manner of making application under clause (b) of sub-section (2) of section 57.— If a question arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application, to the Additional Secretary to Government, Labour & ESI Department, Odisha, giving reasons along with supporting documents.
Inter-State Migrant Workers
Provided that the journey allowance shall be given to an inter-state migrant worker once in twelve months. In the event of change of employer by the inter-state migrant worker during the middle of the employment period and he has not availed the journey allowance from his previous employer, then on the basis of a certificate to be given by inter-state migrant worker, the employer where the inter-state migrant worker is presently working and the such worker has completed one 65. Setting up of a Toll Free helpline number to the inter-state migrant worker under section 63.— A Toll-Free help-line number shall be provided by the Labour & ESI Department, Odisha, to address queries and grievances of the inter-state migrant workers. 66. Study of inter-state migrant workers under section 64.— The State Government may identify the studies to be carried out to promote safety, health and welfare of inter- State migrant workers. Wherever required, the State Government may also consult the other State Governments or expert organizations involved in the safety, health and welfare of inter-State migrant workers.
Part-III
Audio-Visual Workers
- Agreement for audio-visual worker under sub-section (3) of section 66.— (1) The form of agreement for the audio-visual workers with the producer is given in Form-XVIII. The agreement shall be registered with the competent authority as may be notified by the State Government. (2) After registration the same shall be forwarded by the producer to the Chief Inspector-cum-Facilitator, electronically on the designated Portal of the State Government, or by registered post or by speed post.
- Procedure for reference of disputes under clause (vii) of sub-section (4) of section 66.— The procedure for reference of dispute to a conciliation officer or a tribunal shall be in conformity with the Industrial Relations Code, 2020 (35 of 2020) and rules framed thereunder.
Part-IV
(2) The fees to be paid for the grant or renewal of a license under sub-section (2) and sub-section (6) of section 74 shall be specified in the Table below: | Number of employees proposed to be employed on any day during the financial year for which the licence | For Industrial premises inwhich power driven | For Industrial premisesin which power driven | | --- | --- | --- |
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| is required to be granted or renewed | machinery is used | machinery is not used | | --- | --- | --- | | Between 10 and 19 | Rs. 400 | Rs. 300 | | Between 20 and 49 | Rs. 800 | Rs. 600 | | Between 50 and 99 | Rs.2,000 | Rs. 1,500 | | Between 100 to 249 | Rs. 3,500 | Rs. 3,000 | | 250 or more | Rs. 6,000 | Rs. 5,000 | (3) Every licence granted or renewed under section 74 in Form-XX shall be subject to the following conditions, namely :-
- (v) the licence shall not be transferable;
70. Manner of preparing the plan of the place or premises under sub-section (3) of section 74.—
- Other matters under clause (e) of sub-section (4) of section 74.— The State Government by notification from time to time may prescribe such other matters relating to welfare of the labour in the locality, interest of the public generally.
- Fees for renewal under sub-section (6) of section 74.—(1) Every application for renewal of a license under sub-section (6) of section 74 shall be made in Form- XIX / XV as prescribed under sub-section (1) section 119 to the competent authority. (2) Every such application shall be submitted on the said portal at least 30 days prior to expiry of license period but not before 90 days of such expiry of license: (4) It shall be the responsibility of the authority concerned to renew license within seven days electronically or otherwise.
- Time of filing appeal and fees under section 75.— An appeal under section 75 shall be made electronically or by registered post or by speed post, within a period of 30 days from the date of receipt of the order sought to be appealed against. The fees payable in respect of an appeal under section 75 shall be Rs. 1000.
- (ii) The suitability of the place where it is proposed to be used for wetting or cutting of beedi or tobacco leaves.
- (iv) The total number of employees employed by the employer for wetting or cutting of beedi or tobacco leaves outside the industrial premises shall not exceed the total number of workers for which issued under section 74.
- (3) The licensing authority may, in addition to the foregoing terms and conditions, determine and specify in the permission such other terms and conditions, in individual cases as it may deem necessary.
- Record of outside work under sub-section (2) of section 76.— The record to be maintained by the employer of the work permitted under sub-section (2) of section 76 to be carried on outside the Industrial premises shall be in Form-XXII.
Part-V
(l) Approval of Plans – (1) The State Government or the Chief Inspector-cum-Facilitator of Factories may require, for the purposes of the Code, submission of plans of any factory which was either in existence on the date of commencement of the code or which has not been constructed or extended, such plans shall be drawn to scale showing-
- (c) such other particulars, as the State Government or the Chief Inspector-cum- Facilitator of Factories, as the case may be, may require. (2) No site shall be used for the location of a factory or no building shall be constructed, reconstructed, extended or taken into use as a factory or part of a factory or any other extension of plant or machinery carried out in a factory unless previous permission in writing is obtained from the State Government or the Chief Inspector-cum-Facilitator. Application for permission shall be made electronically through designated Portal of the State in Form-XXIII which shall be accompanied by the following documents namely-
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- (a) a flow chart or the manufacturing process supplemented by a brief description of the process in its various stages;
- (b) plans in duplicate drawn to scale showing- (5) Under no circumstances shall the plan be returned unapproved. Provided that where a Chief Inspector-cum-facilitator of factories refuse to grant a permission to the site, construction, reconstruction, or an extension of a factory, the applicant may within 30 days of the date of such refusal, appeal to the State Government. (6) Certificate of stability.– (i) No manufacturing process of a factory shall be carried on in any building which has been constructed, reconstructed, altered, repaired, increase in machinery, change in existing process, extended or taken into use as a factory or part of a factory until a certificate of stability thereof in respect of that building, obtained from a competent person in such form as may be prescribed by the Central Government in the standards under section 18, has been
- (ii) Certificate of Stability” shall be signed by Competent Person along with the tests, load calculation and analysis reports relating to stability: Provided further that no manufacturing process shall be carried out in any premises of a factory unless a fresh certificate of stability is obtained from a competent person once in each period of five years or after every extension, alteration, repairs or addition of machinery, plants etc. and sent to the Chief Inspector-cum-Facilitator of factories:
- (7) Validity Period of Proposed Sanction.- Every proposed approval shall become null and void if no construction started within 6 months from the date of approval.
- (9) Presumption of Sanction.- If the Chief Inspector-cum-Facilitator of factories or any other official working on his behalf fails to convey approval or rejection or any observation within a period of 30 days of the receipt from any person of a valid application, the plans shall without prejudice to the provisions of this rule, be deemed to have been approved.
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- (2) Every Licence granted or renewed in Form XXVI or XXVIA under this chapter shall remain in force up to the 31st December of the year for which the licence is granted or renewed.
- (3) In case of Factories found to be running without proper application for registration and or renewal of licence the fees payable shall be ble the amount prescribed in Schedule-G.
- (12) The Chief Inspector-cum-Facilitator of factories may refuse to grant of license of the factory, if he is satisfied.— (i) that an application is not accompanied by plans: -
- (a) of the site on which the factory is to be situated,
- (b) for the construction or extension of the factory, or
- (ii) that the application is accompanied by plans which have not been approved or the condition subject to which they are approved have not been complied with, or
- (13) Amendment of licence which is a factory- (1) A licence granted under sub-rule (11) may be amended by the Chief Inspector -cum-facilitator. (14) Renewal of licence.- (1) A licence may be renewed by the Chief Inspector- cum- Facilitator. (2) Every application for the renewal of a licence shall be made online accompanied by the notice of occupation in the prescribed Form and shall reach the Chief Inspector not less than 2 months before the date on which the licence expires (2-a) The License shall be deemed to be renewed provided that the application and the fee for renewal of licence is received on line with self-declaration in Form XXV-B certifying no change in manpower, installed power, factory layout, manufacturing process, occupier and manager. Provided that before refusing any licence, the applicant shall be given an opportunity to show cause as to why the licence shall not be refused.
- (i) there is imminent danger to life and property in the factory due to explosive or inflammable dust, gas or fumes, and effective measures in his option have not been taken to remove the danger; and/or;
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- (ii) employment of child worker below 14 years of age noticed: (2) Such application shall be made to the Chief Inspector-cum-Facilitator who shall, if he approves of the transfer, enter upon the licence, under his signature an endorsement to the effect that the licence has been transferred to the person named electronically through the designated portal. (19) Prohibiting running of a factory without a valid licence.- An occupier shall not use any premises as a factory or carry on any manufacturing process in a factory unless a licence has been issued in respect of such premises and is in force for the time being :
- (a) The occupier and/ or the Manager shall be jointly or severally responsible for sending information in duplicate, to the Inspector-cum-Facilitator of Factories of any intended closure of the factory or any shift, section or department thereof, immediately after it is decided to do so, and before the closure takes place stating: (i) the date of intended closure;
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- (iii) the number of workers on the muster-roll of the factory on the day the information is sent;
- (v) the probable period of closure Provided that in the case of any factory in respect of which Standing Orders settled or certified under the Code on Industrial Relation, 2020, as the case may be, provide for the display on the notice boards of the factory a notice of the proposed closure of the factory or any shift, section, or department thereof such information to the Inspector-cum-Facilitator of factories shall be given on the date on which such notice is displayed: Provided further that it shall not be necessary for the occupier or manager to send information of intended closure if the closure is rendered inevitable on account of fire, breakdown of machinery, stoppage of power or water supply or any other cause beyond his control. | Name of factory and full address | Name of Industry* | Date of closure * | Reasons For closure | Name of closure whether, entire or partial, if partial the shift, section of department closed | Number of workers on the muster roll of factory at the time closure | Number of workers affected by the closure. | | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | Class of Industry whether (1) Cotton Textile, (2) Silk Textile, (3) Woolen Textile, (4) Hosiery, (5) Engineering or (6) Miscellaneous should be stated. | Name of Factory and full address | Name of Inustry* | Date of Closure* | Number of workers affected at the time of closure | Factory or any shift, section or department thereof opened | Number of workers on muster roll at the time of re-opening | Number of Workers re-employed (ii) newly employed | | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | Class of Industry whether (1) Cotton Textile (2) Silk Textile, (3) Woolen Textile, (4) Hosiery, (5) Engineering or (6) Miscellaneous should be stated. Explanation 1.– For the purpose of this rule, “closure” means the closing of a factory, or any shift, section or department thereof or the total or partial suspension of work (other than work of a temporary nature) by the occupier and/ or manager of the factory or total or partial refusal by the occupier for manager of the factory to continue to employ persons employed by him where such refusal does not amount to the discharge, dismissal or suspension of a worker or workers by way of punishment. Explanation 2.– This rule shall not apply in the case of a closure of any section or department of a factory if such closure does not affect the total number of workers employed in the factory.
- (iii) safeness of access to the floors or flats and maintenance and cleanliness of stair cases and common passages;
(3) The Chief Inspector-cum-Facilitator shall have subject to the control of the State Government, power to issue orders to the owner of the premises in respect of carrying out of the provisions of sub-section (1) and (2). (4) The provisions of sub-section (2) relating to the liability of the owner/occupier shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupier for use as separate factories: Provided that the owner/occupier shall be responsible also for supplying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities. 78. Dangerous manufacturing processes or operations under section 82.- (1) The operations listed in the Chapter IV of the standards prescribed by the Central Government under section 18 of the Code when carried on in any factory are declared to be dangerous manufacturing processes or operations under section 82 of the code.
79. Site Appraisal Committee under sub-section (1) of section 83.-
(1) Constitution under section 83 - The following provisions shall govern the functioning of the Site Appraisal Committee (hereinafter referred to as the “Committee” in these rules), namely:-
- (a) Register the applications received for appraisal of site in a separate register and acknowledge the same within a period of 7 days.
- (b) Fix up meeting in such a manner that all the applications received and registered are referred to the Committee within a period of one month from the date of their receipt.
- (c) The Committee may adopt a procedure for its working keeping in view the need for expeditious disposal of applications.
- (d) The Committee shall examine the application for appraisal of a site with reference to the prohibitions and restrictions on the location of industry and the carrying on the Process and operations in different areas as per the provisions of Rule 5 of the Environment (Protection) Rules, 1986 framed under the Environment (Protection) Act, 1986.
- (5) The following information shall be supplemented to the application by enclosing copies documents, maps or blue prints etc. wherever necessary
- 2.2. Whether the site is classified as forest and if so, whether approval of the Central Government under section 5 of the Indian Forests Code, 1927 has been obtained.
- 2.5 Documentary evidence of ownership.
- (e) High tension electrical transmission lines, pipelines for water, oil, gas or sewerage: railway lines, roads, stations, jetties gas and other similar installations in the vicinity.
- (f) details of soil conditions and depth at which hard strata obtained.
- (g) Contour map of the factory showing nearby hillocks and difference in levels.
- (a) A summary of the salient features of the project.
- (d) Details of the proposed housing colony, hospital, school and other infrastructural facilities.
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- Organizational structure for proposed manufacturing unit / factory. Organization diagram of –
- (a) Proposed enterprise in general and
- (b) health, safety and environment protection departments and their linkage to operation and technical department.
- (c) Proposed health and safety policy.
- (e) Percentage of outlay on safety, health and environment protection measures.
-
- Communication Links –
- (a) Availability of telephone / telex / wireless and other communication facilities for outside communication. Proposed internal communication facilities.
- (f) Highlights of the built - in safety/pollution control devices or measures incorporated in the manufacturing technology.
-
- Information on Hazardous Materials - Raw materials, intermediates, products and by-products and their quantities (Enclose material safety data Sheet in respect of each hazardous substance). Main and intermediates, storages proposed for raw materials/ intermediates/ products (maximum quantities at any time to be stored).
- (c) disposal (packing and forwarding of finished products.)
- (a) Major pollutants (gas, liquid, solid) their characteristics and quantities (average and at peak loads).
- (b) Quality and quantity of solid wastes generated, methods of their treatment and disposal. Air, water and soil pollution problems anticipated and the proposed measures to control the same, including treatment and disposal of effluents.
-
- PROCESS Hazards Information:
- (b) Published (open or classified) reports, if any on accident situations / occupational health hazards or similar plants elsewhere (within or outside the country).
-
- Information of proposed Safety and Occupational Health Measures.
- (b) Details of the proposed in house medical facilities.
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- Information on emergency Preparedness:
- (a) On-Site emergency plan and detailed disaster control measures.
- (b) Proposed arrangements, if any, for mutual aid scheme with the group of neighboring factories.
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- Any other relevant information: I certify that the information furnished above is correct to the best of my knowledge and nothing of importance has been concealed while furnishing it. Applicant's full name and address
- Recommendation by Site Appraisal Committee under sub-section (2) of Section 83.- The site appraisal committee referred to in sub-section (1) shall make its recommendation within a period of thirty days of the receipt of the application for any of the purpose referred to in the said sub-section.
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(2) Material Safety Data Sheet- Collection and development and Dissemination of information-
-
(iii)physical and chemical characteristics of the hazardous substance;
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(iv)the physical hazards of the hazardous substance, including the potential for fire, explosion and reactivity ;
-
(v)the health hazards of the hazardous substance, including signs and symptoms of exposure, and any medical condition which are generally recognised as being aggravated by exposure to the substance ;
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(vi)the primary route or routes of entry ;
-
(vii) the permissible limits of exposure prescribed by State Government;
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(viii) any generally applicable precautions for safe handling and use of the hazardous substance, which are known, including appropriate hygienic practices, protective measures during repairs and maintenance of contaminated equipment, procedures for clean-up of spills and leaks ;
-
(ix)any generally applicable control measures, such as appropriate engineering controls
work practices, or use of personal protective equipment;
- (x)emergency and first-aid procedures ;
- (xii) the name, address and telephone number of the manufacturer, importer, occupier or other responsible party preparing or distributing the Material Safety Data Sheet, who can provide additional information on the hazardous substance and appropriate emergency procedures if necessary.
- (b) The occupier while obtaining or developing a Material Safety Data Sheet in respect of a hazardous substance shall ensure that the information, recorded accurately, reflects the scientific evidence used in making the hazard determination. If he becomes aware of any significant information regarding the hazards, the new information shall be added to the Material Safety Data Sheet as soon as practicable.
- (c) An example of such Material Safety Data Sheet is given in the Schedule B annexed to this Rule.
83. The manner of disclosing information by occupier of a factory under sub-section (5) and (7) of section 84.-
(1) Disclosure of information to workers :-
- (i) The occupier of a factory carrying on a ‘hazardous process’ shall supply to all workers the following information in relation to handling of hazardous materials or substances in the manufacture, transportation, storage and other processes:
- (a) Requirements of sections 84, 85 and 89 of the Code;
- (b)A list of ‘hazardous processes’ carried on in the factory;
- (c)Location and availability of all Material Safety Data Sheets as per Rule 58;
- (e) Measures taken by the occupier to ensure safety and control of physical and health hazards;
- (f) Measures taken by the workers to ensure safe handling, storage and transportation of hazardous substances;
- (g)Personal Protective Equipment required to be used by workers employed in ‘hazardous process’ or ‘dangerous operations’;
- (h)Meaning of various labels and markings used on the containers of hazardous substances as provided under rule 58;
- (i) Signs and symptoms likely to be manifested on exposure to hazardous substances and to whom to report;
- (j) Measures to be taken by the workers in case of any spillage or leakage of a hazardous substance;
- (k)Role of workers vis-à-vis the emergency plan of the factory, in particular the evacuation procedures;
- (l) Any other information considered necessary by the occupier to ensure safety and health of workers.
- (ii)The information required by sub-rule (i) shall be compiled and made known to workers individually through supply of booklets or leaflets and display of cautionary notices at the workplaces. The booklets, leaflets and the cautionary notices displayed in the factory shall be in the language understood by the majority of the workers and also explained to them.
- (a) Name of the factory and address where situated;
- (c) Confirmation that the factory has approval from the Factories Inspectorate and Pollution Control Board;
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- (e) The common names of the hazardous substances used which could give rise to an accident likely to affect them, with an indication of their principal harmful characteristics;
- (f) Brief description of the measures to be taken to minimize the risk of such an accident in compliance with its legal obligations under relevant safety statutes;
- (g) Salient features of the approved disaster control measures adopted in the factory;
- (h) Details of the factory’s emergency warning system for the General Public;
- (i) Brief description of arrangements in the factory, including liaison with the emergency services, to deal with foreseeable accidents of such nature and to minimize their effects; and
- (b) A statement of the names and the quantities generally stored or in process of hazardous substances included in the list of chemicals prescribed in rule-2(e) of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, along with its quantity in column-3 of Schedules-2 and 3 of the said Rules, as amended from time to time. (4) Disclosure of information to the Chief Inspector-cum-Facilitator:- (i) The occupier of a factory carrying on a hazardous process, shall intimate to the Chief Inspector-cum-Facilitator all information having a bearing on preparation of an on-site emergency plan and a disaster control and management plan in respect of the factory.
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(6) Confidentiality of Information.- The occupier of a factory carrying on ‘hazardous process’ shall disclose all information needed for protecting safety and health of the workers and the general public in the neighbourhood –
- (a) His workers;
- (d) Chief Inspector–cum-Facilitator, as required under sub-rules (1), (2) and (4) of rule 83. If the occupier is of the opinion that the disclosure of details regarding the process and formulations will adversely affect his business interests, he may make a representation to the Chief Inspector-cum-Facilitator stating the reasons for withholding such information. The Chief Inspector-cum-Facilitator shall give an opportunity to the occupier of being heard and pass an order on the representation. An occupier aggrieved by an order of Chief Inspector cum facilitator may prefer an appeal before the State Government within a period of 30 days. The State Government shall give an opportunity to the occupier of being heard and pass an order. The order of the Government shall be final.
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- (c) If the worker leaves the employment;
- (d) If any one of the following authorities so direct:
- (ii) the Health Authority of the State Government;
- (iv) the Director, Employees State Insurance Corporation (Medical Benefits); and
- (v) the Director General, Factory Advice Service and Labour Institutes. (2) A copy of the up to date health records including the record of worker’s exposure to hazardous process or, as the case may, the medical records shall be supplied to the worker on receipt of an application from him. X-ray plates and other medical diagnostic reports may also be made available for reference to his medical practitioner.
- The qualification and experience of persons handling hazardous substance and manner of providing necessary facilities for protecting the workers under clause (b) of section 85.- (1) All persons who are required to supervise the handling of hazardous substances shall possess the following qualifications and experience:
- a. Degree in Chemical Engineering with minimum five years’ experience in supervisory capacity;
- i. or
- b. MSc in Chemistry or Diploma in Chemical with minimum 10 years’ experience.
- The manner of providing for medical examination of a worker under sub- clause (ii) of clause (c) of section 85.- (1) Workers employed in a ‘hazardous process’ shall be medically examined by a qualified medical practitioner in Form-V herein after referred to as a Factory Medical Officer, in the following manner:-
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opinion of the Factory Medical Officer it is necessary to do so at a shorter interval in respect of any workers.
- (c) The details of pre-employment and periodical medical examination carried out as aforesaid shall be recorded in the Health Register in the Form-XXVIII. (2) No person shall be employed for the first time without a certificate of fitness in Form-XXIX granted by the Factory Medical Officer. If the Factory Medical Officer declares a person unfit for being employed in any process covered under sub-rule (1), such a person shall have the right to appeal to the Inspector who shall refer the matter to the Medical Officer whose opinion shall be final in this regard. If the Inspector is also a Medical Officer, he may dispose of the application himself. (4) A Medical Officer on his own motion or on a reference from an Inspector may conduct medical examination of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Medical Officer in such a case shall be final. The fee required for this medical examination shall be paid by the occupier. (6) The worker required to undergo medical examination under these rules and for any medical survey conducted by or on behalf of the State Government shall not refuse to undergo such medical examination.
- The measures or standards under sub-section (1) of section 86.- The Health and safety standards in the factories shall be in accordance with standards framed by the Central Government under section 18 of the Code. For the purpose of compliance with the requirements under sub-sections (1), (4) and (7) of section 84 and section 85 of the Code, the Chief Inspector-cum-Facilitator may, if deem necessary, issue guidelines from time to time to the occupiers of factories carrying on
- Permissible levels of certain chemical substances in work environment under section 88.-
The permissible threshold limits of chemical and toxic substances shall as may be prescribed by
Central Government in the standards framed under section 18 of the Code. (2) Appointment of assessors- On receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If an assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.
(3) The appellant shall state in the memorandum presented under sub-rule (1) whether he is a member of any such bodies as notified by the State Government. The body empowered to appoint the assessor shall-
- (a) if the appellant is a member of one of such bodies, be that body;
- (b) if he is a member of two such bodies, be the body which the appellant desires should appoint such assessor; and
- (c) if the appellant is not a member of any of the aforesaid bodies or if he does not state in the memorandum which of such bodies he desires should appoint the assessor, be the body which the appellate authority considers as the best fitted to represent the industry concerned. (4) Remuneration of assessors- An assessor appointed in accordance with the provisions of sub-rules (2) and (3) shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty rupees per diem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessor by Government; but where assessors
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- Persons defined to hold positions of supervision or management under clause (a) of sub-section (1) of section 91.- (1) The following persons shall be deemed to hold positions of supervision or management:-
- Exemptions under clause (b) of sub-section (1) of section 91.- Adult workers engaged in factories specified in Schedule C shall be exempted from the provisions of the sections specified in the column 4 subject to the conditions, if any, specified in column 5 of the said schedule.
- (iii) The employer shall maintain in good condition the approach roads and parts to the area where houses are located as also the sewers and drains in that area.
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- (iv) The employer shall not deny the public free access to those parts of the plantation where the workers are housed.
- (v) The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and the latrines and drains to be cleaned out daily and all refuse in or near them to be collected, removed and disposed of hygienically.
- (vi) Adequate facilities of toilets with sewage, disposal shall be ensured by the employer
- Maintenance of houses.- (1) The employer shall, at his own expense, execute such repairs to the houses as may be required from time to time and maintain the houses in fit and safe condition for occupation. (2) A worker occupying a house may, and Inspector-cum-Facilitator appointed under this Code shall bring to the notice of the employer any defects in the condition of a house which make it dangerous to the health and safety of the worker. Where an Inspector-cum-Facilitator so brings any such defects to notice, it shall be the duty of the employer to rectify the same at the earliest. (3) The employer shall get all the houses lime-washed/ painted at least once every year and all the doors, windows and other wooden structure varnished or painted once in three years. A record of dates on which lime-washing or painting was carried out shall be maintained in a register.
- Accommodation to be rent free.- No rent shall be charged by an employer for the housing accommodation provided to workers and their families residing in his plantation.
- Occupation of Houses.- (1) Houses shall be allotted on the basis of one house for a worker and his family: Provided that if there are two or more workers in a family, only one house shall be allotted in respect of any such family in the name of any worker in the family: Provided further that in the case of termination of services of a worker, in whose name a house is allotted under the preceding proviso, the said house or any other standard house shall be re allotted in the name of any other member of his family, who is a worker: Provided also that it shall be open to the employer to allot houses to workers not having families at the rate of one house for not more than four such workers.
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- (ii) in the case of transfer or termination of service, retirement or resignation, a period not exceeding two months;
- (iii) in the case of leave, for the period of leave ; and Provided that where drinking water is supplied from any well or reservoir, the water in it shall be sterilized periodically and the date on which sterilizing is carried out shall be recorded, Provided further that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated before it is supplied for consumption.
- Toilet facilities.- (1)Toilet facilities shall be provided in every plantation on the scale of one toilet for every fifty hectares of the area under cultivation or part thereof in addition to the toilet provided to the houses of workers: (2) The toilet shall be conveniently situated and shall have exclusive access for the respective genders.
- Urinal Facilities.- Urinal facility shall be provided on the scale of one urinal for every twenty hectares of the area under cultivation or part thereof. The urinals shall be conveniently situated for all genders. Provided that, where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the
- Crèches under clause (b) of sub-section (1) of section 92.- (1) In every plantation wherein fifty or more workers (including workers employed by any contractor) are employed or were employed on any day of the preceding twelve months, the employer shall provide and maintain a crèche or crèches for the use of their children who are below the age of six years according to the standards laid down in these rules. (2) Every crèche shall be conveniently accessible to the mothers of the children accommodated therein. (3) There shall be not less than 1.5 square metres of the floor area for each child to be accommodated in a crèche. (5) The plan of the crèche building shall be in accordance with the standard plan or plans laid down by the Chief Inspector-cum-Facilitator: Provided that where no standard plan has been laid down or where it is proposed to deviate from a standard plan, the Chief Inspector-cum-Facilitator’s approval shall be obtained. (6) The crèche shall be furnished with suitable furniture and a cradle for each child below the age of two and provided with playing materials such as sliding chutes, see-saws, dummy horses, toys etc. (7) A suitable fenced and shady open air playground shall be provided for the older children. Provided that:-
- (i) an establishment may avail common creche facility of the Central, State Government, Municipality, NAC, Village Panchayat or private entity or provided by Non-Governmental Organisation or by any other organisation; or
- (ii) a group of establishments may agree to pool their resources for establishing a common creche.
- Educational facilities for worker’s children under clause (c) of sub-section (1) of section
92.- (1) Every employer shall, if the number of workers’ children between the ages of 6 and 12, in his
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Provided that an employer may not be required to provide and maintain a primary school if there is one under the direct management of the Government or of any local body for imparting free education to the children upto the primary or higher standard, with enough seats to admit the children between the ages of six and twelve of the workers in his plantation and within a distance of 1.5 kilometres from the place where workers reside in his plantation. Provided further that a group of employers may jointly provide and maintain a primary school and share its expenses.
- (3) The school building shall be constructed in accordance with the standard plan or plans which may be laid down by the State Government: Provided that where there is no standard plan or where it is proposed to deviate from a standard plan, the Government’s approval of the plan of the school building shall be obtained from the appropriate authorities.
- Medical facilities under sub-section (1) (d) of section 92.- (1) The employer shall provide coverage to every worker employed in his plantation (including his family) under chapter-IV of the Code on Social Security, 2020 or provide sickness allowance for each day of certified sickness for a total period of fourteen days in a year at the rate of wages paid ordinarily.
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(2) Sickness allowance specified in sub-rule (1) shall be paid at the option of the worker either as advance or along with the wages payable to the worker after he resumes his work on recovery from certified sickness. (3) The certificate of sickness shall be issued by the Health Officer to every worker entitled to obtain sickness allowance. 106. Restriction on employment of women and adolescent worker in handling insecticides, chemicals and toxic substances under sub-section (2) of section 93.- No pregnant women or adolescent worker shall be allowed to handle any hazardous substance. 107. Appointment and qualification of Supervisors under sub-section (3) of section 93.-The use, handling, storage and transportation of insecticides, chemicals and toxic substances shall be supervised by a person who should possess the following qualifications:-
- (i) General occupational health;
- (iii) Correct use of personal protective clothing and equipment;
- (iv) Preventive measures and measures for reducing damage to health and the environment, caused by the chemical substances, equipment, techniques, signage, medical examination etc.;
- (vi) Techniques for handling chemical substances and for the correct application of agro-chemicals;
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- (viii) Other necessary training suitable for the plantation.
- Medical examination to the workers under sub-section (5) of section 93.- (1) Without prejudices to clause (c) of section 6 of the Code, every worker who is engaged in the work of handling, dealing, or spraying or mixing insecticides, chemical and toxic substances shall be medically examined initially at the time of employment and thereafter once in a year in a hospital or hospitals notified in this regard. (2) The medical examination and tests shall be in Form-V. (3) Any person showing symptoms of poisoning shall be immediately examined and given proper treatment. (4) Every employer shall maintain health record of every worker such as annual medical examination or any other examination when required, shall be kept in plantation and every such worker shall have access to such record.
- Washing, bathing, cloak room, protective clothing and equipment facilities under sub- section (7) of section 93.- (1) Every employer shall provide washing bathing and cloak room facilities to the workmen, who are employed in handling insecticides, chemicals and toxic substances. (2) If washing facilities are required for women, it shall be separate for women and adequate privacy shall be ensured. (3) Every plantation wherein the workers engaged are handling insecticides, pesticides, chemicals and toxic substances, the employer shall provide for cloak room facilities for each worker to keep his work clothing and the personal clothing separately in a hanging position. (4) Persons handling insecticides, chemicals and toxic substances during its operation, distribution, mixing, spraying shall be adequately protected with appropriate clothing. (5) The protective clothing shall be made of materials which prevent or resist the penetration of any form of insecticide, chemical and toxic formulations. The materials shall also be washable so as to remove the toxic elements after each use.
- (v) Reusable cloth masks.
- Precautionary notices under sub-section (9) of section 93.- Every employer of a plantations shall display the following precautionary notices in Odia and in the language understood by majority of the workers, in a prominent place near the area where the insecticides chemicals and toxic substances are handled: -
-
(i) Use protective clothing’s like overalls, gloves, goggles, rubber gum-boots and wide-rimmed hats;
-
(ii) Do not wear clothes contaminated with insecticides and pesticides;
-
(iii) Clean the protective clothing by washing with soap and water;
-
(iv) Do not allow children, sick persons and pregnant women and nursing mothers to handle insecticides and pesticides;
-
(v) Do not eat, drink, smoke or chew while handling insecticides and pesticides;
-
(vi) Never blow out clogged nozzles with mouth;
-
(vii) Do not use leaking sprayers. Avoid contamination of the skin, mouth and eyes;
-
(viii) Do not inhale the insecticides unattended in the fields;
-
(ix) Never spray insecticides and pesticides against the wind;
-
(xv) Keep the insecticides and pesticides locked in store room and out of reach of children and other unauthorized persons;
-
(xvi) Do not enter sprayed field. Follow the re-entry periods for all insecticides and pesticides including herbicides, suggested by the manufactures;
-
(xvii) Keep insecticides and pesticides in their original, labelled containers;
-
(xviii) Do not decant insecticides and pesticides into unlabelled containers except for immediate use;
-
(xix) Dispose the containers safely after thoroughly emptying and washing. They may be buried in a place away from water source;
-
(xx) Never reuse the container for any other purposes if it is impossible to remove the traces and pesticides from the containers.
- Any other matter required to be or may be prescribed under section 135(2)(za).– (1) Every employer shall display in plantations the list of insecticides, chemicals and toxic substances as notified by the Central Government, from time to time and storage and transport in accordance with the Insecticides Act, 1968 (Central Act 46 of 1968) and rules framed thereunder. (2) Every employer shall be responsible to provide such facilities and abide by such regulations as may be prescribed by the State Government by notification from time to time.
- Manner of holding enquiry under sub-section (1) of section 111.– The State Government may by notification in the official gazette appoint any Group-A officer not below the rank of District Labour Officer or Assistant Director of Factories & Boilers having jurisdiction for holding enquiry and imposing penalty in such manner as may be prescribed by the Central Government under this section. (2) Where the memorandum of appeal is in order, the appellate authority shall admit the appeal, acknowledge it and intimate admission of such appeal, and shall register the appeal in electronic form or otherwise to be kept for the purpose called the register of appeals. (3) When the appeal has been admitted, the appellate authority shall send the notice of the appeal to the enquiry officer, against whose order the appeal has been preferred and the enquiry officer shall thereupon send the records of the case to the appellate authority online electronically or otherwise.
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(4) On receipt of the appeal, the appellate authority shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal electronically or by registered post or speed post. (6) No prosecution shall be instituted without giving an opportunity to the employer to comply with such provisions subjected to proviso of sub-section (1) of section 110 and compounding as under section 114.
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CHAPTER-XI
- Social Security Fund.- The fine, penalty and any other amount recovered under this code and rules made there under shall be transferred or deposited to the Odisha Unorganized Workers’ Social Security Fund established under section 115 of the Code.
MISCELLANEOUS
- The form of application, manner of filing the application and the fee to be accompanied therewith including the information relating to the employment of inter-state migrant workers under sub-section (2) of section 119.– (1) If a person desirous of obtaining common licence in respect of factories, industrial premises for beedi and cigar work or for supplying or engaging contract labour; or undertaking or executing the contract works or any combination thereof under sub-section (1) or sub-section (2) of section 47 in more than one districts or for the whole State then he shall apply electronically on the designated portal of the State Government in Form-XV to the Labour Commissioner, Odisha who shall be the licensing authority appointed by the State Government for the purpose of licence in respect of industrial premises for beedi and cigar work or for supplying or engaging contract labour; or undertaking or executing the contract works. (2) License issued under this rule shall be valid for five years. [See sub-rule (12) of rule 42] (Qualification and experience of competent person)
| | Section or Rules under which competency is recognised | Qualification required | Experience for the purpose | Facilities at his command. | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | | 1. | Certificate of stabilityfor buildings. | Degree in Civil or Structural Engineering or Mechanical | (i) A minimum of 10 years of experience in the design or construction of testing or repairs of structures; (ii) 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 (iii) Ability to arrive at a reliable conclusion with regard to the safety of the structure or the building. | Requisite non-destructive test facilities and owning or tie up with an NABL accredited lab for relevant testing | | 2. | Hoists and lifts | A degree in Electrical and/ or Mechanical Engineering | (i) A minimum experience of 7 years in design or erection or maintenance; or inspection and test procedure of lifts and hoists. (ii) He shall be- (a) Conversant with relevant codes of practices and test procedures that are current; (b) conversant with other statutory | Facilities for load testing, tensile testing, gauges equipments/ gadgets for measurement and any other equipment required for determining the safe working conditions of the Hoists and Lifts. |
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| | | | requirements covering the safety of Hoists and Lifts; (c) able to identify the defects and arrive at a reliable conclusion with regard to the safety of the Hoists and Lifts | | | --- | --- | --- | --- | --- | | 3 | Lifting Machinery,chains, ropes andlifting tackles. | Degree in Mechanical or Electrical. Metallurgical Engineering | (i) A minimum experience of 7 years in design or erection or maintenance, or testing, examination and inspection of lifting machinery, chains, ropes and lifting tackles. (ii) He shall be- (a) conversant with the relevant codes of practices and test procedures that are current; (b) conversant with fracture machines and metallurgy of the material of construction; conversant with heat treatment/ stress relieving techniques as applicable to stress bearing components and parts of lifting machinery and lifting tackles; capable of identifying defects and arriving at a reliable conclusion with regard to the safety of lifting machines, chains, ropes and lifting tackles. | Facilities for load testing tensile testing,heat treatment, equipment gadget for deflection measurement, gauges and such other equipment to determine the safe working conditions of the lifting machinery, tackles. | | 4 | Pressure Plant | Degree in | (1) A minimum | Facilities for |
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| | | | Chemical or Electrical or Metallurgical or Mechanical Engineering | experience of 10 years in design or erection or maintenance or testing, examination and inspection of pressure plants. (ii) He shall be- (a) conversant with the relevant codes of practices and test procedures relating to pressure vessels; (b) conversant with other statutory requirements concerning the safety of unfired pressure vessels and equipment operating under pressure; (c) conversant with the non-destructive testing techniques as are applicable to pressure vessels; (c) able to identify the defects and arrive at a reliable conclusion with regard to the safety of the pressure plant. | carrying out hydraulic test, non-destructive test, pneumatic test gauges equipment/ gadgets for measurement and any other equipment or gauges to determine the safety in the use of pressure vessels. | | --- | --- | --- | --- | --- | --- | | 5 | (i) | Precautions against dangerous fumes. | Degree in Chemical Engineering | A minimum of 7 years in collection, analysis of environmental samples and calibration of monitoring equipment. | Meters, instruments and devices duly calibrated certified for carrying out the tests and certification of safety in working In confined spaces. | | 6 | Ventilation systems | | Degree in Mechanical or Electrical Engineering or equivalent. | (i) A minimum of 7 years in the design fabrication, installation, testing of ventilation system and systems used for extraction and | Facilities for testing the ventilation system instruments and gauges for testing the effectiveness of the extraction systems for dusts, vapours | | | | | collection of dusts fumes and vapours and other ancillary equipment. (ii) He shall be conversant with relevant codes of practice and tests procedures that are current in respect of ventilation and a traction system for furnaces and shall be able to arrive at a reliable conclusion with regard to effectiveness of the system | and fumes and any other equipment needed for determining the efficiency and adequacy of these systems. He shall have the assistance of a suitable qualified technical person who can come to a reasonable conclusion as to the adequacy of the system | | --- | --- | --- | --- | --- | | | (i) (ii) (iii) (iv) (v) | Grinding or glazing of metals and process incidental thereto; Cleaning or smoothing, roughening, etc. of articles, by a jet of sand, metal shot, or grit, or other abrasive propelled by a blast of compressed air or steam. Handling and processing of Asbestos. Manufacturing of Rayon by viscose process. Dust prone buildings or sheds of integrated steel and aluminium manufacturing units | | |
SCHEDULE-B
MATERIAL SAFETY DATA SHEET
1. Chemical Identity:
- Chemical Name Chemical Classification
- Synonyms Trade Name
- Formula C.A.S. No. U. N. No.
- Regulated Identification Shipping Name Hazchem No.
- Codes / Label
- Hazardous Waste I.DNo.
- Hazardous Ingredients C.A.S. No. Hazardous Ingredients C.S.A. No.
- 1.3
- 2.4
- 2. Physical and Chemical Data
- Boiling Range / Point 0C Physical State Appearance
- Melting / Freezing Point 0C Vapour Pressure
- Vapour Density (Air-1) @35^0C mmHg Others
- Solubility in Water
- 30^0C mmHg
- Specific Gravity pH Water-1
- 3. Fire and Explosion Hazard Data :
- Flammability Yes/No UEL% Flash Point 0C Temperature^ 0C Auto-ignition
- TDG Flammability UEL% Point 0C Flash Hazardous Products of combustion
- Explosion Sensitivity to Impact Explosion Sensitivity to Static Electricity
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| Hazardous Polymerisation | | | | | | --- | --- | --- | --- | --- | | Combustible Liquid | Explosive Material | | Corrosive Material | | | Flammable Material | Oxidiser | | Others | | | Pyrophoric material | Organic Peroxide | | | | | 4. Reactivity Data : | | | | | | Chemical Stability | | | | | | Incompatibility with other materials | | | | | | Reactivity Hazardous Products of Reaction | | | | | | 5. Health Hazard Data : | | | | | | Routes of Entry Effects of Exposure / Symptoms | | | | | | Emergency Treatment | | | | | | TLV (ACGIH) ppm. | Mg/m3 | STEL | ppm. | Mg/m3 | | Permissible Exposure limit ID50 ppm. Mg/m3 Order ppm | | | | | | Threshold mg/m3 LD50 | | | | | | NFPA Hazard Signals Health Flammability Stability Special | | | | | | 6. Preventive Measures : | | | | | | Personnel Protective Equipments | | | | | | Handling and Storage Precautions | | | | | | 7. Emergency and First Aid Measure : | | | | | | Fire Fire-Extinguishing Media | | | | | | Special Procedures | | | | | | Unusual Hazards | | | | | | Exposure First Aid Measures | | | | | | Antidotes / Dosages | | | | | | Spills Steps to be taken | | | | | | Waste Disposal Method | | | | | | 8. Additional Information / References : | | | | |
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| 9. Manufacture / Suppliers Data : | | | --- | --- | | Contact Person in Emergency: | | | Name of Firm Mailing Address Telephone / Telex no. Telegraphic Address | Local Bodies involved | | Standard Packing | | | Tremeard Details / Reference | | | Others | | | 10. Disclaimer : | |
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-
- Managers
-
- Assistant managers
-
- Engineers
-
- Foremen
-
- Weaving masters and spinning masters in textile mills.
-
- Head electricians
- Persons defined to hold confidential positions.- All timekeepers employed in a factoryshall be deemed to be employed in a confidential position in the factory.
- 7................................................................................................................................................................................................................................................................
- 8........................................................................
- Exemption of certain adult workers.- Adult workers engaged in factories specified in column 2 of the schedule hereto annexed on the work specified in column 3 of the said schedule shall be exempted from the provisions of the sections specified in the column 4 subject to the conditions, if any, specified in column 5 of the said schedule.
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SCHEDULE-D
[See rule 76(11)] | Total amount of power installed (in K.W.) | Maximum number of persons to be used | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | 20 | 50 | 100 | 250 | 500 | 750 | 1000 | 1500 | 2000 | 2500 | 3000 | 5000 | 7500 | 10000 | 15000 | 25000 | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) | (17) | | Not exceeding 10 | 600 | 900 | 1500 | 2250 | 3750 | 5250 | | 9000 | 12000 | 15000 | 18750 | 30000 | 37500 | 45000 | 52500 | 60000 | | Exceeding 10but not exceeding 50 | 1200 | 1500 | 2250 | 3000 | 5250 | 7500 | 12000 | 15000 | 22500 | 30000 | 33000 | 42000 | 52500 | 56250 | 60000 | 75000 | | Exceeding 50 but not exceeding 100 | 1500 | 2250 | 3000 | 5250 | 6000 | 15000 | 18750 | 22500 | 30000 | 33000 | 42000 | 52500 | 56250 | 60000 | 75000 | 82500 | | Exceeding 100 but not exceeding 200 | 2250 | 3000 | 5250 | 6000 | 7500 | 18750 | 22500 | 30000 | 33000 | 42000 | 52500 | 56250 | 60000 | 75000 | 82500 | 90000 | | Exceeding 200 but not exceeding 400 | 3000 | 5250 | 6000 | 7500 | 11250 | 22500 | 30000 | 33000 | 42000 | 52500 | 56250 | 60000 | 75000 | 82500 | 90000 | 105000 |
87
88
| Exceeding 400 but not exceeding 800 | 5250 | 6000 | 7500 | 11250 | 16500 | 30000 | 33000 | 42000 | 52500 | 56250 | 60000 | 75000 | 82500 | 90000 | 105000 | 112500 | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Exceeding 800 but not exceeding 1500 | 6000 | 7500 | 11250 | 16500 | 22500 | 33000 | 42000 | 52500 | 56250 | 60000 | 75000 | 82500 | 90000 | 105000 | 112500 | 120000 | | Exceeding 1500 but not exceeding 4000 | 7500 | 11250 | 16500 | 22500 | 24000 | 42000 | 52500 | 56250 | 60000 | 75000 | 82500 | 90000 | 105000 | 112000 | 120000 | 135000 | | Exceeding 4000 but not exceeding 6000 | 11250 | 16500 | 22500 | 24000 | 42000 | 52500 | 56250 | 60000 | 75000 | 82500 | 90000 | 105000 | 112500 | 120000 | 135000 | 150000 | | Exceeding 6000 but not exceeding 8000 | 16500 | 22500 | 24000 | 42000 | 45000 | 56250 | 60000 | 75000 | 82500 | 90000 | 105000 | 112500 | 120000 | 135000 | 150000 | 165000 | | Exceeding 8000 but not exceeding 25000 | 22500 | 24000 | 42000 | 45000 | 60000 | 60000 | 75000 | 82500 | 90000 | 105000 | 112500 | 120000 | 135000 | 150000 | 165000 | 180000 | | Exceeding 250 | 24000 | 42000 | 45000 | 60000 | 75000 | 75000 | 82500 | 90000 | 105000 | 150000 | 120000 | 135000 | 150000 | 165000 | 180000 | 195000 | | Exceeding 50000 but not exceeding 100000 | 42000 | 45000 | 60000 | 75000 | 9000 | 82500 | 90000 | 105000 | 150000 | 165000 | 135000 | 150000 | 165000 | 180000 | 195000 | 210000 |
| Exceeding 100000 but not exceeding 200000 | 45000 | 60000 | 75000 | 9000 | 105000 | 90000 | 105000 | 150000 | 165000 | 180000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Exceeding 200000 but not exceeding 300000 | 60000 | 75000 | 9000 | 105000 | 120000 | 135000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | | Exceeding 300000 but not exceeding 400000 | 75000 | 9000 | 105000 | 120000 | 135000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | | Exceeding 400000 but not exceeding 500000 | 9000 | 105000 | 120000 | 135000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | | Exceeding 500000 but not exceeding 600000 | 105000 | 120000 | 135000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | | Exceeding 600000 but not exceeding 700000 | 120000 | 135000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | 345000 |
89
90
| Exceeding 700000 but not exceeding 800000 | 135000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | 345000 | 360000 | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Exceeding 800000 but not exceeding 900000 | 150000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | 345000 | 360000 | 375000 | | Exceeding 900000 but not exceeding 1000000 | 165000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | 345000 | 360000 | 375000 | 390000 | | Exceeding 1000000 but not exceeding 1500000 | 180000 | 195000 | 210000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | 345000 | 360000 | 375000 | 390000 | 405000 | | Exceeding 1500000 but not exceeding 100000 | 225000 | 240000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | 345000 | 360000 | 375000 | 390000 | 405000 | 420000 | 435000 | 450000 | | Exceeding 50000 but not exceeding 2000000 | 255000 | 270000 | 285000 | 300000 | 315000 | 330000 | 345000 | 360000 | 375000 | 390000 | 405000 | 420000 | 435000 | 450000 | 465000 | 480000 | | Exceeding 2000000 but not exceeding 3000000 | 300000 | 315000 | 330000 | 345000 | 360000 | 375000 | 390000 | 405000 | 420000 | 435000 | 450000 | 465000 | 480000 | 495000 | 510000 | 525000 | | Exceeding 3000000 | 345000 | 360000 | 375000 | 390000 | 405000 | 420000 | 435000 | 450000 | 465000 | 480000 | 495000 | 510000 | 525000 | 540000 | 555000 | 570000 |
90
[See sub-rule (1)(i) of rule 4]
Application for Registration for existing establishments / new establishment / Amendmentto
Certificate of Registration
- A. Establishment Details.
-
- Retrieve details of Establishment through LIN:
-
- Name of Establishment:
-
- Location and Address of the Establishment:
-
- Others details of Establishment:
- a. Total Number of employees engaged directly in the establishment:
- c. Total Number of Inter-State Migrant workers employed: | Details of the manufacturing process | Full postal addressand situation of the factory along withplan approval details | Name and address of the occupier andmanager | Maximum number of workers to be employed on anyday | Total amount of power installed in Kilowatt | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 (b) For building and other construction work: | Type of Construction work | Probable periodof commencement of work | Expected period forcompletion of work | Details of approval of the local authority | | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 6 (c) For Motor Transport Undertaking: | Name of Motor Transport Undertaking | Types of Transport (Freight / Passenger Services) | Maximum number of vehicles attached | Maximum number of workers engaged | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | Permanent | | | Contract | | | | | | | Male | Female | Total | Male | Female | Total | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
-
- Ownership Type/ Sector:
-
- Activity as per National Industrial Classification:
-
- Details of Selected NIC Code:
-
- Identification of the establishment e-sign/ digital sign of employer/ representative: | Name of dock Work/ Port | Types of Dock Works | Name of the Cargo handled and stored along with quantity | Name of the chemicals handled and stored along with quantity | Name of the hazardous Chemicals handled and stored along with quantity | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 |
Details of Employer:-
- i. Name & Address of Employer / Occupier / Owner/Agent/ Chief Executive/ port authorityetc. :
- iii. Father’s/ Husband’s Name of the Employer :
- iv. Email Address, Telephone& Mobile No.:
- vii. Email Address, Telephone& Mobile No.: | Name andAddress Contractor | Email address & Mobile of Contractor | Name of Work | Maximum No. of Contract labour engaged | Date of Commencement / Probable date of Completion of work | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | Place:- Registration No.
-
- Nature of work carried on in the establishment (Please tick mark)
- (a) Factory
- (b) Contract Work
- (d) Dock work
-
- Details of the establishment:
- b. Total Number of the employees engaged through contractor ................
- c. Total Number of Contractors and their details:
-
- Number of inter-state migrant workers engaged: | Details of the manufacturing process | Full postal address andsituation of the factory along with plan Approval details | Name and address of the occupierand manager | Maximum numberof workers to be employed on anyday | Total amount of power installed in Kilowatt | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 |
95
| Type of Constructionwork | Probable periodof commencement of work | Expected periodfor completion of work | Details of approval ofthe local authority | | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | | Name of Motor Transport Undertaking | Types of Transport (Freight / Passenger Services) | Maximum number of vehicles attached | Maximum number of workers engaged | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | Permanent | | | Contract | | | | | | | Male | Female | Total | Male | Female | Total | | | | | | | | | | | 3 (d) Dock work | Name of Dock Work / Port | Types of Dock Works | Name of the Cargo handled and stored along with quantity | Name of the chemicals handled and stored along with quantity | Name of the hazardous Chemicals handled and stored along with quantity | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 |
- (2) The employer shall intimate the change, if any, in the number of workers employees or the conditions of
- (4) A copy of the certificate of registration shall be displayed at the conspicuous places at the premises where the work is being carried on. | SI. No. | Nature of work | Registration No. and Date | Name and Address, location of the establishment registered | Name, Address and Contact Details of Employer | Total number of Workers and Total Horse power ( if any) | Total number of Contract Workers | Remarks | | --- | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 2 | 3 | 4 | 5 | 6 | 7 | | | (a) Factories, (b) Dock work (c) Building and other Construction work (d) Contract work, (e) Motor Transport Undertaking, Any other Work (not covered above) | | | | | | |
Form IV
[See rules 4(9) and 6]
A-Notice of Commencement / completion of work /cessation of Establishment:
-
- Registration No:
-
- Name and Address of Establishment:-
-
- Nature of work of the establishment :-
-
- In case of the notice is for commencement of work the approximate duration of work:-
-
- in case of completion of work/cessation of establishment, the date of completion /cessation: I/We here by intimate that the work of establishment having registration No. ___________ dated _______________ is likely to commence/ cessation _______________ is likely to be completed with effect from _______________ (Date/on (Date)) In case of cessation of work:
99
Form V
Medical Examination
-
- Gender ........
-
- Age (with DOB)........
-
- Company........................................................................
-
- Designation...........................................................................
- 5a. UAN:..................
-
- In-charge Employer / Executive Contacts........................................................................
-
- Complete personal /plant Address ...........................................................................
-
- Nature of Job (furnish more details, if hazardous and work-related viz. Physical, Chemical, Biological, Ergonomic etc) .................................................................. Date: Signature of Employee
PART-B:
- b. Vision (Ophthalmologist tests):
- ii. Colour Vision.
- c. Blood Pressure ................................................................................................................................................................................................................................................................
- f. SpO2................................................................................................................................................................................................................................................................
- h. SGOT/SGPT................................................................................................................................................................................................................................................................
100
-
- X-ray Chest etc................................................................................................................................................................................................................................................................
- o. Thalassemia................................................................................................................................................................................................................................................................
-
- Final Diagnosis/ Opinion / Treatment if any, advise by qualified medical practitioner
........................................................................
- 14. Does the person has seizure (s) related disorders or difficulties working at Height ? Ifyes, explain the works to be avoided: Yes/No/ NA (Not applicable) Date: Signature of the qualified medical practitioner
Annual Health Examination Report
A. Demographics:
| Question | Answer | Remarks | | --- | --- | --- | | Name of the Worker: | | | | Age: | | | | Permanent Address | | | | Gender: | | | | Total Number of family Members | | | | Total monthly family Income: | | |
101
| Is the employee under ESI (Employees' State Insurance) Scheme? If yes, provide IP Number | Yes / No | | | --- | --- | --- | | Is the employee under any other health scheme apart from ESI-Scheme? (If yes, provide the name of the scheme) | Yes / No | | | Question | Answer | Remarks | | --- | --- | --- | | Present Designation: | | | | Work Profile | | | | Duration of service in the present work profile | | | | Working Hours per shift: | | | | Night Shift Per Week | | | | Night Shift per Month | | |
C. Brief Review of Medical History: Diagnosed previously or currently under treatment or Currently suffering From
| Question | Answer (Yes/No) | Remarks | | --- | --- | --- | | Anaemia | | | | Jaundice | | | | Asthma | | | | COPD | | | | History of Any other Lung Disease: (If Yes, Please Specify) | | | | Vertigo/Dizziness | | | | Diabetes Mellitus | | |
102
| Hypertension | | | | --- | --- | --- | | Any Cancer (If Yes, Please Specify the Cancer) | | | | Chronic Low Back Pain | | | | Chronic Pain in hand or Elbow | | | | Hernia | | | | Hydrocele | | | | Varicose Vein | | | | Haemorrhoids | | | | History of amputation/fracture/dislocation injury during work (If Yes, please specify) | | | | Dermatitis (If Yes, specify Site) | | | | Hearing Impairment | | | | Visual Impairment | | | | Any Major Illness requiring hospitalization in last 1 year(If Yes, Name of the Disease) | | | | Occupational Injury in Last 1 year: if yes Specify the Location of injury and frequency | | |
D. Current Symptoms-Diseases Module:
| Question | Answer (Yes/No) | Remarks | | --- | --- | --- | | Smoking habit | | | | Chewing Tobacco or Pan Masala or Gutkha: | | | | Alcohol Addiction | | | | Dermatosis (Irritant Contact) | | | | Dermatitis/Eczema/Chloracne/Allergic Contact | | | | Dermatitis: | | | | --- | --- | --- | | Mucosal Irritation of eyes/Nose/Throat with response to chemical agent or biological agent: | | | | Symptoms like Respiratory Difficulty/ Chest Tightness | | | | Dry Cough at beginning of shift: | | | | Currently suffering from TB: | | | | Jaundice or Hepatitis | | | | Currently suffering from Low Back Pain / Pain in hand or Elbow: / Visual Problems / Hearing Problems | | | | Any current injury (amputation/ fracture/ dislocation) | | |
E. Physical Examination
Date of Examination: | Question Remarks | Answer (Yes/No) | or as appropriate | | --- | --- | --- | | General Skin Condition: (If Any Dermatitis, please mention its location) | | | | Weight (in Kg): | | | | Height (in Meter) | | | | Temperature (0 Ferenhit): | | | | BP: | | | | Pulse: | | | | SpO2: | | | | Respiratory Rate: | | | | Examination of Breast of female employee | | |
F. Investigation Report
-
- Routine Blood Investigation: Attach the photocopy of the report
-
- Blood Grouping & Rh Typing and HB Electrophoresis Once in a lifetime | Parameter | Answer (Normal/Increase/Decrease) | Value | | --- | --- | --- | | Hb %: | | | | Total WBC Count and Differential Count: | | | | Platelet Count | | | | ESR: | | | | FBS: | | | | PPBS: | | | | HBA1C level | | | | BUN: | | | | Creatinine: | | | | Total Protein | | | | Albumin | | | | Globulin | | | | SGOT | | | | SGPT | | | | Bilirubin | | | | Urine RE | | | | Urine ME | | | | Prostate Specific Antigen (PSA) | | | Date: | Parameter | Answer (Normal/Abnormal) | Value ( if any important | | --- | --- | --- | | Report | | | for Vision, Hearing,
105
- c) Neurological examination Evaluate seizure disorders: CT Scan of Brain and E.E.G if indicated
- d) Assessment of Diabetic Control Status:
- f) Evaluation for Vertigo and Dizziness For use of Industrial Safety Section: Walking freely over a horizontal bar at 1 ft. height: PASS / FAIL General physique (O.K./NOT O.K): PASS/ FAIL
106
E.S.I.C. Employer’s Code number:
- 2. Address of works / premises where the accident or dangerous occurrence took place
-
- Branch or department and
-
- Date, shift and hour of accident or dangerous occurrence
-
- Hour at which the injured person started work on the day of accident or dangerous occurrence: Give the name of machine and the part causing the accident or dangerous occurrence : State exactly what the injured person was doing at the time of accident or dangerous
107
occurrence: In your opinion, was the injured person at the time of accident or dangerous occurrence - acting in contravention of provisions of any law applicable to him; or acting in contravention of any orders given by or on behalf of his employer; or acting without instructions from his employer?
- the injured person was travelling as a passenger to or from his place of works : Describe briefly how the accident or dangerous occurrence took place Names and addresses of witnesses : (1) (2)
- (a) Nature and extent of injury (e.g. fatal, loss of finger, fracture of leg, scald, scratchfollowed by sepsis, etc.) :
- (b) Location of injury (e.g. right leg, left hand, left eye, etc.)
-
- If the accident or dangerous Occurrence was not fatal, state whether the injured person was disabled for more than 48hours :
-
- date and hour of return of work :
- (a) Physician, dispensary or hospital from whom or which the injured personreceived or is receiving treatment:
108
I certify that to the best of my knowledge and belief the above particulars are correct in every respect. Signature and Name and Designation of owner/ employer /manager/agent | Period of work. | Men (adult) | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Groups | Total number of men employed. | | | | | | | | | | | | | | | | | A | | | B | | | C | | | D | | | E | | | | Relays | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | | On working days From 6 A.M. to 2 P.M. from 2 P.M. To 10 A.M. From 12 midnight To 6 A.M. From..... To..... On partial working days From..... To..... | | | | | | | | | | | | | | | |
109
| Women (adult) | | | | | | | | | | | | | | | Children | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Total number of women employed | | | | | | | | | | | | | | | Total number of children employed | | | | | | | | | F | | | G | | | H | | | I | | | J | | | K | | L | | M | | N | | | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 3 | 1 | 2 | 1 | 2 | 1 | 2 | 1 | 2 | | | | | | | | | | | | | | | | | | | | | | | | | | Description of Group | | Remarks | | --- | --- | --- | | Group letter | Nature of work | | | A B C D E | | | (See rule 35(1)(i)) | Name of Establishment: | | | | --- | --- | --- | | Name of the Employer/owner: | | | | Labour Identification Number (LIN)/Registration Number of Establishment | | | | To be maintained for all employees of the establishments | | | | 1. | Employee Code | | | 2. | Name | | | 3. | Surname | | | 4. | Gender | |
| 5. | Father’s/Spouse’s Name | | | --- | --- | --- | | 6. | Date of Birth | | | 7. | Place of Birth | | | 8. | Nationality | | | 9. | Education level | | | 10. | Date of Joining | | | 11. | Designation | | | 12. | Category (unskilled, semi-skilled, skilled or highly skilled) | | | 13. | Type of employees / worker | | | 14. | Mobile Number | | | 15. | Universal Account Number (UAN) | | | 16. | PAN | | | 17. | PPF No. | | | 18. | Nominee | | | 19. | EPS/NPS | | | 20. | Details of Family | | | 21. | Details of Posting | | | 22. | Scale of Pay | | | 23. | Promotion | | | 24. | ESIC Insurance No. | | | 25. | Aadhaar number | | | 26. | Bank A/c No. | | | 27. | Bank | | | 28. | Branch(IFSC) | | | 29. | Present address | | | 30. | Permanent address | | | 31. | Service Book No. | | | 32. | Date of Exit | | | 33. | Reason for Exit | | | 34. | Mark of Identification | | | 35. | Photo | | | 36. | Specimen Signature/Thumb Impression | | | 37. | Remarks | |
111
ATTENDANCE REGISTER-CUM-MUSTER ROLL
| | | For the Month of.................... , year 20........ | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Name of Establishment: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Name of the Employer/owner: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Labour Identification Number (LIN)/Registration Number of Establishment | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 1. | Serial Number | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 2. | Employee Code | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 3. | Name | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 4. | Designation | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 5. | Shift or relay | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 6. | Place of work/department/section | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 7. | Date and timings of In and Out | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 1 | | | | | | | | | | | | | | | | 2 | | | | | | | | | | | | | | | | 3 | | | | | | | | | | | | | | | | 4 | | | | | | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | 6 | | | | | | | | | | | | | | | | 7 | | | | | | | | | | | | | | | | 8 | | | | | | | | | | | | | | | | 9 | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | 11 | | | | | | | | | | | | | | | | 12 | | | | | | | | | | | | | | | | 13 | | | | | | | | | | | | | | | | 14 | | | | | | | | | | | | | | | | 15 | | | | | | | | | | | | | | | | | | | 16 | | | | | | | | | | | | | | | 17 | | | | | | | | | | | | | | | 18 | | | | | | | | | | | | | | | 19 | | | | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | 21 | | | | | | | | | | | | | | | 22 | | | | | | | | | | | | | | | 23 | | | | | | | | | | | | | | | 24 | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | 26 | | | | | | | | | | | | | | | 27 | | | | | | | | | | | | | | | 28 | | | | | | | | | | | | | | | 29 | | | | | | | | | | | | | | | 30 | | | | | | | | | | | | | | | 31 | | | | | | | | | | | | | | | | 8. | Total number of days worked | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 9. | Total number of extra hours worked | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10. | In case of tour or assignments outside the work place suitable entries may be made | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 11. | Signature of Register keeper | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Form VIII (B)
REGISTER FOR WAGES, OVERTIME AND DEDUCTIONS
| Name of Establishment: | | | --- | --- | | Name of the Employer/owner: | | | Labour Identification Number (LIN)/Registration Number of Establishment | |
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| Wage Period from dd/mm/yyyy to dd/mm/yyyy (Monthly/Fortnightly/Weekly/Daily/Piece Rated) | | | | --- | --- | --- | | 1. | Serial Number | | | 2. | Employee Code Number | | | 3. | Name | | | 4. | Designation | | | 5. | Rate of Wage | | | | a)Basic | | | | b)DA | | | | c)Other allowance | | | | d)Total | | | 6. | No. of days worked | | | 7. | Overtime hours worked | | | 8. | Amount of Wages Earned | | | | a)Basic | | | | b)DA | | | | c)Other allowance | | | | d)Payment of overtime | | | | e)Total wages earned | | | 9. | Deductions | | | | a)EPF | | | | b)ESIC | | | | c)Society | | | | d)Income Tax | | | | e)Insurance | | | | f)Others | | | | g)Recovery of Fine | | | | h)Recovery of Damaged/Losses | | | | Total Deductions | | | 10. | Net Payment | | | 11. | Receipt by Employees/Bank Transaction ID | | | 12. | Date of Payment | | | 13. | Initials of Employer/Representative | | | 14. | Remarks | |
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Form VIII (C)
| Name of the Establishment .................................................................................................... | | | | | | --- | --- | --- | --- | --- | | Address:................................................ | | Period:................................................ | | | | 1. | Name of the Employee: | | | | | 2. | Father's/Spouse's Name: | | | | | 3. | Designation: | | | | | 4. | UAN: | | | | | 5. | Bank Account Number: | | | | | 6. | Wage period: | | | | | 7. | Rate of wages payable | a) Basic | b) D.A. | c) other allowances | | 8. | Total attendance/unit of work done: | | | | | 9. | Overtime wages | | | | | 10. | Gross wages payable | | | | | 11. | Total deductions | a) PF | b) ESI | c) Others | | 12. | Net wages paid | | | | | | | | | |
Form IX
ANNUAL RETURN
FOR THE YEAR ......ENDING | Single Annual Integrated Return to be filed On-line under the Occupational Safety, Health and Working Conditions Code, 2020, the Code on Industrial Relations, 2020, the Code on SocialSecurity, 2020,and the Code on Wages, 2019 and the rules made there under. | | | | | --- | --- | --- | --- | | Instructions to fill up the Annual Return (1) This return is to be filled-up and furnished on or before 1st February every year. (2) The return has two parts i.e. Part-I to be filled up by all establishments. (3) Part-II to be filled-up by the establishments who are a Mine only in addition to Part-I. (4) The terms Establishment and Mines shall have the same meaning as under the Occupational Safety, Health and Working Conditions Code, 2020. (5) This return is to be filled-up in case of Contractor or manpower supplier who haveengaged more than 50 workers and in case of Mines even if there is one worker employed in the relevant period. | | | | | Applicable to All Establishments - Part-I | | | | | A. General Information: | | | | | Sl. No. | | | Instructions for filling the column | | 1. | Labour Identification Number | | EPFO, ESIC, MCA, MoLE (LIN) | | 2. | Period of the Return | From - To- | Period should be calendar year | | 3. | Name of the Establishment | | | | 4. | Email ID (employer) | | | | 5. | Telephone No. (employer) | | | | 6. | Mobile number (employer) | | | | 7. | Premise name | | | | 8. | Sub-locality | | | | 9. | District | | | | 10. | State | | | | 11. | Pin code | | | | 12. | Geo Co-ordinates | | | | B(a). | Hours of Work in a day | | |
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| B(b). | Number of Shifts Number of hours in a shift | | | --- | --- | --- | | C. Details of Manpower Deployed | | | | Details | Directly employed | Employed through Contractor GrandTotal | | Skill Category | Highly Skilled | Skilled | Semi-Skilled | Un-Skilled | Highly Skilled | Skilled | Semi-Skilled | Un-Skilled | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | (i)Maximum No. of employees employed inthe establishment in any day during the year | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | | (ii) Average No. of employees employed inthe establishment during the year | No. to be indicated | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | | (iii) Maximum number of Migrant Worker during the | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T | M/F/T |
| year (Section 59 of OSH Code) | | | | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | (iv) Number of fixed term employee engaged | | | | M/F/T | | M/F/T | | M/F/T | | M/F/T | | | | | | | | | | | D. Details of contractors engaged in the Establishment: | | | | | | | | | | | | | | | | | | | | | Sl. No. | | Name with LIN of the Contractor | | | | | | No. of Contract Labour Engaged | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | E. Details of various Health and Welfare Amenities provided. | | | | | | | | | | | | | | | | | | | | | Sl. No. | | Nature of various welfare amenitiesprovided | | | | | | Statutory (specifythe statute) | | | | | Instructions forfilling | | | | | | | | 1. | | Whether facility of Canteen provided (as per section 24(v) of OSH Code, 2020) | | | | | | Tick yes or no in the box and not applicable | | | | | Applicable to all establishments wherein hundred or more worker including contract labour ordinarily employed | | | | | | | | 2. | | Crèches(as per section 67of Code on Social Security Code, 2020 and Section 24 of the OSH Code 2020) | | | | | | Tick yes or no in the box and not applicable | | | | | Applicable to all establishmentswhere fifty or more workers are employed | | | | | | | | 2a | | If 2 above is not given than whether Crèches allowance under Social Security Code, 2020 given. | | | | | | Tick yes or no in the box and not applicable | | | | | Reference .. Code on Social Security, 2020 | | | | | | | | 3. | | Ambulance Room(as per section 24(2)(i) of OSH Code, 2020) | | | | | | Tick yes or no in the box and not applicable | | | | | Applicable to building and other construction work wherein more than five hundred workers are ordinarily employed | | | | | | |
| 4. | Safety Committee (as per Section 22(1) of OSH Code, 2020. | Tick yes or no in the box and not applicable | Applicable to establishments and factories employing 500 workers or more, factory carrying on hazardous process and BoCW employing 250workers or more workers. | | --- | --- | --- | --- | | 5. | Safety Officer(as per Section 22(2) of OSH Code,2020) | No. of safety officers appointed | In case of mine100 or more workers and in case of BoCW 250 or more workers are ordinarily employed. | | 6. | Qualified Medical Practitioner (as per Section12 (2) of OSH Code 2020. | No. of Qualified Medical Practitioner appointed. | There is no specification for minimum number of Qualified Medical Practitioner employed in establishment. However, this detail is required to have data on occupational health. | | F. The Industrial Relations: | | | Instructions for filling | | --- | --- | --- | --- | | 1. | Is the Works Committee has been functioning.(Section 3 of IR Code, 2020) | Yes/No and not applicable | Industrial establishment in which 100 or more workers are employed | | (a) | Date of its constitution. | | | | 2. | Whether the Safety Redressal Committee constituted (Section 4 of IR Code, 2020) | Yes/No and not applicable | Industrial establishment employing 20 or more workers | | 3. | Number of registered Unions in the establishments. | | | | 4. | Whether any negotiation union exist (Section14 of IR Code,2020) | Yes/No | | | 5. | Whether any negotiating council is constituted (Section 14 of IR Code, | Yes/No | |
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| | 2020) | | | | | --- | --- | --- | --- | --- | | 6. | Number of workers discharged/dismissed, retrenched or whose services were terminated during the year: | | | | | | Dismissed | Retrenched | Discharged /Terminated or Removed | Grand Total | | | | | | | | 7. | Man-days lost during the year on account of | | | | | Sl. No. | Reasons | | Period / Date No. of man-days lost | | | | --- | --- | --- | --- | --- | --- | | (a) | Strike | | | | | | (b) | Lockout | | | | | | 8. | Details of retrenchment / lay off | | | | | | Sl. No. | No. of persons retrenched during the period | Details of payment paid to retrenched employees No. of workers laid off during the period | No. of man- days lost due tolay-off | Applies on industrial establishment employing 300 or more workers | | | | | | | | | | | | | | | | | G. Details pertaining to maternity benefit: | | | | | | --- | --- | --- | --- | --- | | No. of female employees | No. of female employees availed maternity leave | No. of female employees paid medical bonus | No. of deduction of wages, if any made from female employees | | | | | | | | | | | | | | | H. Details of payment of bonus: | | | | | --- | --- | --- | --- | | Sl. No. | No. of employees covered under the | Total amount of bonus actually paid | Date on which the Bonus paid |
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| | Bonus provision | | | | | --- | --- | --- | --- | --- | | | | | | | | I. Details of accidents, dangerous occurrence and notifiable diseases: | | | | | | Sl. No. | Total number of accidents by which a person injured is prevented from working for a period of 48 hours or more as per Section 10 of the OSH Code, 2020. | Total number of fatal accidents and names of the deceased as per Section 10 of the OSH Code, 2020. | Total number of Dangerous Occurrences as defined under Section 11 of the OSH Code,2020 | Total number of cases of Notifiable Diseases specified in Third Schedule of the OSH Code, 2020 along with the details of affected persons | | | | | | | | J. Mandays and Production Lost due to accidents / dangerous occurrence | | | | | | Sl. No. | Accident/Dangerous Occurrence | Man days lost | | Production Lost | | | | | | |
ANNUAL RETURN period ending 31st December
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- Name of the principal employer: | Sl. No. | Month | Name and address of the contractors | LIN of the contractor | Name of the work | Maximum number of contract worker employed | Amount paid against wage bill (if applicable) to the contractor | Date of payment of wage bill (if applicable) - | Amount of the wages paid directly to the contract labour by | Date of payment of wages paid directly to the contract labour | Remarks | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
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| | | | | | (includi ng EPF, ESIC, Bonus etc.) | | Principal Employer (in case the contract or fails to pay) | by Principal Employ er (in case the contract or fails to pay) | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Signature of the principal employer
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- Name and address of the principal employer and LIN:
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- LIN of the contractor:
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- Details of the number of Contract Workers, Wages Paid etc.: | Sl. No. | Months | Number of Contract Labour employed | Total amount of wages paid in a month | Over time | Bonus | Date and amount of Wage bill received by contractor from Principal Employer | ECR number of ESIC | ECR number of EPF | Wages paid by 7th of the month or due date as applicable Yes/No | Remark | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | January | | | | | | | | | | | | February | | | | | | | | | | | | March | | | | | | | | | | | | April | | | | | | | | | | | | May | | | | | | | | | | | | June | | | | | | | | | | Signature of the contractor: Date:
Form X
(See rule-38)
REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES
| Name of Injured/ deceased person (if any) | Date of Accident or dangerous occurrence | Date ofreport to Inspector- cum- Facilitator | Nature of accident or dangerous occurrence | Date of returnof injured Person to work | Number of days the injured Person wasabsent fromwork | | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | |
REGISTER FOR LEAVE WITH WAGES
Part I - Adults Part II – Adolescents Establishment: Name of worker : Department : Father’s Name: | Sl. No. | Sl. No. in the register of workers | Date of entry into servic e | Interruptions | | | | | Leave due with effect from | Whet her leave not desir ed durin gthe next 12 mont hs | Date from which the worker is allow ed leave | Wages for Leave Paid in | Discharged worker | | Re m arks | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | Sickness and accidents | Aut hori zed Leav e | Lock Out or Legally Strike | In voluntar y un employ ment | Oth ers | | | | | Date of Disc harge | Dateand amount of pay ment made in lieu of leave due | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | | | | | | | | | | | | | | | | |
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| Name of the establishment/ Factory/ Port/ lifting appliance, lifting device/ transport equipment/ ladders / staging | Where situated lying/used/location | Registration no. of the Establishment/Factory | LIN No. of the Establishment | | --- | --- | --- | --- | | 1 | 2 | 3 | 4 |
- 1.
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Contd. No. Dated __________ this ______ day of 20 __________
REQUIREMENTS
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the manner prescribed overleaf, of the date and place at which the establishment/factory/port/ lifting appliance/ loose gears or similar gear transport equipment/ ladders and staging can be re-inspected. Sir, The contravention notified by you have been effectively attended to. The Establishment/Factory/Port /Lifting appliance/ Loose gears or similar gear/ transport equipment/ ladders / staging shall be ready for inspection on the date and place named below: | Date of Inspection | Place | | --- | --- | | Dated at__________ this day of 20 | Signature Employer, Occupier, Owner, Manager, Master Officer in-charge or Agents, owner of machinery and gear or the person, who by himself, his agents or his employers, carried on the establishment. | The Inspector-cum-Facilitator under the Occupational Safety, Health and Working Conditions Code, 2020.
PART-II
Inspector-cum-Facilitator’s notice to the Employer/Occupier/ Owner/ Master/ Manager/ Officer-in-charge or Agents/ Owner of lifting appliances/ loose gears/ lifting devices/ or the person, who, by himself, his agents or his employers, carries on specified work in the Establishment/Factory/Dock, as the case may be............ | Name of the establishment/factory/dock/ lifting appliances/ loose gear/ lifting device/ transport equipment/ ladders and staging | Where situated/lying used/location | Port of Registry | Official no.//9if any) of the ship | | --- | --- | --- | --- | | | | | | An inspection of the above-named Establishment/Factory/ Dock/ Ship/ Lifting appliances/Loose gears/ Lifting devices/ Transport equipment/ Ladders / stagings was made on ..................
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The following contraventions were observed. You are required to rectify the said contraventions and send the compliance report in writing within …………. Days.
- 1.
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No. The requirements noted by you have been effectively complied with. The Establishment/Factory/ Dock/ Ship/ Lifting appliances/Loose gears/ Lifting devices/ Transport equipment/ Ladders / stagings will be ready for inspection on the date and place named below: | Date of Inspection | Place | | --- | --- | | Dated at__________________ this day of 20 | Signature Employer/ Occupier/ Owner/ Master/ Manage/ Officer in-charge or Agents, owner of machinery and gear or the person, who by himself, his agents or his employers, carried on specific work in the Establishment/Factory/Port. |
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- Name
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- Date of birth
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- Permanent Address
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- Name of the Organisation(if not self-employed)
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- Educational qualification (copies of testimonials to be attached)
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- Details of professional experience (in chronological order) | Name of the Organisation | Period of service | Designation | Area of responsibility | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | | | | |
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- Membership, if any of professional bodies
-
- (i) Details of facilities s (examination, testing etc. at his disposal)
-
- Purpose for which competency Certificate is sought (Section or Sections of the Act should be stated).
-
- Whether the applicant has been declared as a competent person under any statute (If so, the details)
- (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 I,.............certify that Shri. ... whose details are furnished above, is in our employment and nominate
128
him on behalf of the organisation for the purposes of being declared as a competent person underthe 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; Designation................ Tel. No................ Date................ {See rule-42(12)(e)} Date.................................................................. Certificate of Recognition as Competent Person The Chief Inspector-cum-Facilitator and Boilers, Orissa in exercise of the power's conferred under
Section 2(ca) of the Factories Act and Rules made thereunder, hereby recognise
*.................................represented by .............................. to be a competent person for the purpose of
carrying out test, examination inspection and certifications for ***....................................................used
in factories subject to the conditions overleaf. The jurisdiction extends all over Orissa/is restricted to M/s................ This certificate is valid from ................................... Official Seal Chief Inspector-cum-Facilitator , Odisha
Revalidation Details
| From | To | Signature of authority | | --- | --- | --- | | (1) | (2) | (3) | | | | |
- Name of Institution Name of the Competent Person
- (d) Chains
- (e) Lifting Machines
- (g) Lifting Tackles
- (h) Pressure Plant
- (i) Ventilation System
- (j) Confined space ; 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 and that prescribed in National Standard.
- (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 leave's the organisation mentioned in this application;
- (iv) the institution recognised as a Competent Person shall keep the Chief inspector informed of the names, designation and qualifications of the person authorised by it to carry out tests, examination and inspections;
- (v) the Competent Person should be physically present at the time of testing and examination;
- (vi) records of daily work done should be maintained in a log book incorporating therein the details regarding the date, the work done, observations made, directives given etc;
- (vii) copies of examination on certificates in all cases where defects are noticed and repairs are ordered or any conditions imposed on its use are to be marked to the Inspector of Factories concerned;
- (viii) application for renewal of certificate along with a brief account of work done during the period of validity of the certificate may be made at least one month before the certificate expires together with fees prescribed for the purposes;
Form XV
(See rules 50 and 118)
APPLICATION FOR LICENCE
132
| Locations of worksites | Nameof works | Activity as per national industrial classification | Date of commencement | Date of completion | Name of Establishments in which contract labour is/proposed to be employed | NameAddress, email id of the Site In charge | | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | | 3 | 4 | 5 | 6 | 5. Maximum number of workmen proposed to be employed on the Establishment on any date: 24 6. Amount of Licence Fee: INR ( Transaction Id : ) 7. Amount of Security Deposit: INR ( Transaction Id : )
IV. DETAILS OF ESTABLISHMENTS FOR WHICH COMMON LICENCE REQUIRED , (IF APPLICING FOR)
| Type of Establishments | Name & Address of establishment | (i) Nature of work carried out in the establishment (ii) Activity as per National Ind'l classification | Date of commencement | Permanent establishment or probable date of completion | Maximum number of employees employed/ proposed to be employed | Maximum number of employees employed/ proposed to be employed | | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | Nameof States in which the establish ment are situated | Name of each work | Maximum number of labour will be/is employed | Date of commencement | Permanentt establishment or probable date of completion | Maximum number of employees employed/ proposed to be employed | Registration number, if obtained, then details thereof | | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | Signature of Contractor Note: This is an online application summary applied on Shram Suvidha Portal or designatedPortal.
APPLICATION FOR RENEWAL OF LICENCE
- Licence No. Date :
- Name and address of the establishment:
133
| 4. Date of expiry of previous licence : | | | --- | --- | | 5. Whether the licence of the employer/contractor was suspended or revoked: | | | 6. Details of Fees paid : (Enclose e-payment receipt): Amount .... | date of payment : | | E-sign /digital sign of the employer/contractor | date: | | APPLICATION FOR AMENDMENT OF LICENCE : | | | 1. Licence No | Date: | | 2. LIN & PAN | | | 3. Name and address of the establishment: | | | 4.Details for which amendment is sought : | | | (a). Maximum number of worker presently employed : (If there is increase in the maximum number of workers to be employed, then additional fees/security deposit as per law needs to be deposited: | | | (b). Details of fees paid through e payment date on which made : | | | (c). Other details requiring amendment in the licence issued (Necessary documents may be uploaded in support of change required) | | E-sign /digital sign of the employer/contractor date of application. Place
Form XVI
(See rules 51 and 119) Reg. No. ----------------- Date of Reg. ------------------ Licence is hereby granted to................................................................................................................................................................................................................................................................ situated at ................................................................................................................................................................................................................................................................ nature of work ................................................................................................................................................................................................................................................................ for use as a establishment within the limits stated herein after, subject to provisions of the Occupational Safety, Health and Working Conditions Code, 2020, and the rules made there under. Issuing Authority | Sl. No. | Period of issue | Valid For | Fee | Date of Payment | Excess fee for late payment | Date of payment | Signatureof the Issuing Authority | | --- | --- | --- | --- | --- | --- | --- | --- | | | | Maximum number of Contract labour /workers on any one day | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
AMENDMENTS:
| Year when Amended | Maximum number of Contract labour /workers onany one day | Date of payment of amendmentfee | Date of Payment | Signature of the Issuing Authority | | --- | --- | --- | --- | --- | | | | | | | E-sign /digital sign of the designated authority
135
(See rule-61)
EXPERIENCE CERTIFICATE OF CONTRACT EMPLOYEE
| To whom so ever concerned | | --- | | 1. Name of contractor/employer*: | | 2. LIN/PAN No. of the contractor/employer : | | 3. Email Id of the contractor /employer : | | 4. Mobile No. of the contractor/employer : | | 5. Nature and location of work: | | 6. Name of Principal Employer: | | 7. LIN/PAN No. of the Principal Employer : | | 8. Email Id of the Principal Employer : * | | 9. Mobile No. of the Principal Employer : | | 10. Name of the worker*: | | 11. UAN / Aadhaar No.: | | 12. Mobile No. : | | 13. Serial Number in the Employee Register : | | 14. Registration number, date and name of the Board if the building and other construction worker is registered as a beneficiary: | | 15. Period of Employment: | | 16. Designation: | | Seal and Signature of Contractor | | *Please strike off whichever is not applicable. |
136
Form XVIII
(See rule-67) This agreement is made on this day............month.............year..................... between Messers.................... having office at .....................(hereinafter referred to as the “Producer”) on the first part and Shri/Smt/Kum ....................son/daughter/wife of Shri ..................... residing at ..................... (herein after referred to as the “audio-visual worker”) on the second part. The terms ‘Producer’ and ‘audio-visual worker’ shall include their heirs, successors, administrators and legal representatives: Now, therefore this agreement is made as follows:
- 4. That in the event of the audio-visual production being not complete within the stipulated period and the Producer still needing the services of the audio-visual worker to complete the audio-visual production, the producer agrees to pay and the audio-visual worker agrees to receive additional remuneration on pro-rata basis, payable in the same manner as stated in Clause 3 above, till the completion of the production.
- (a) attend the studios, location or work-place, as the case may be, earlier than the a scheduled time of the shift, for preparatory work, and in that case, he/she shall be paid by the Producer extra wages at the rate of Rs. per hour or part thereof for such early attendance.
- (b) continue to work beyond the working day, with one hour break and in that case, he/she shall be paid by the Producer extra wages at the rate of Rs.............. for the work during the extended hours and refreshments, and transport facilities.
137
-
- That the Producer shall also pay for all travelling and accommodation expenses, fares, cost of food and such other allowances as are customary when the audio-visual worker is required to work on location outdoors.
-
- That the Producer shall get the audio-visual worker insured for any injury or damage to his/her person including death caused by accident arising out of or in the course of his/her employment and/or during the period of his/her assignment under this agreement.
-
- That where the Producer is prevented from proceeding with the production of the audio-visual by reason of fire, riot, natural calamity, order of the public authority or any other reason beyond his control -
- (a) he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended. The producer shall serve notice in writing of such suspension on the audio-visual worker and shall pay all his/her dues up to the date of service of such notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension there from ; or
- (b) he shall be entitled to terminate this agreement as from the cessation of production, in case the production ceases completely. The producer shall serve a notice in writing of such cessation on the audio-visual worker and make payment of all the amount due to the audio-visual worker at the time of termination.
-
- That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio-visual worker’s duties or of his/her unwillingness to perform the services required under this agreement, the producer shall be entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after such payment to the audio-visual worker, the Producer shall be entitled to employ another audio-visual worker in his/her place.
-
- That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performance of his/her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio- visual worker of the amount due at the time of termination, calculated taking into consideration the audio-visual worker’s total work in the audio-visual and the work he/she has completed till the date of termination of this agreement. Termination under this clause shall not be made unless the charges of the Producer against the audio-visual worker are proved before a forum comprising equal number of representatives of the Producers’ Organisation and the audio-visual worker’s Organisation to which the Producer and the audio-visual worker respectively may belong. The decision of the forum shall be binding on both the parties. The producer can engage another audio-visual worker for the job towards this agreement only after the forum has given
a decision in favour of such termination and the audio-visual worker has been paid all his dues.
- 13. That in case of premature termination of this agreement, it shall be the option of the Producer whether or not to retain the work of the audio-visual worker in the audio-visual and at the same time, it shall be option of the audio-visual worker whether or not to allow his/her name to go on the credit titles of the film.
-
- That the Producer shall have the right to decide the manner of representing the audio-visual worker’s personality on the screen, his/her clothes, make-up and hair-style and the audio-visual worker shall fully and willingly comply with the direction of the Producer in this regard, provided that the requirements of the Producer in this respect have been notified to the audio-visual worker and accepted by him/her.
-
- That the Producer shall also pay for all traveling and accommodation expenses, fares, cost of food and such other allowances as are customary when the audio-visual worker is required to work on location outdoors.
-
- That the Producer shall get the audio-visual worker insured for any injury or damage to his/her person including death caused by accident arising out of or in the course of his/her employment and/or during the period of his/her assignment under this agreement.
-
- That where the Producer is prevented from proceeding with the production of the audio-visual by reason of fire, riot, natural calamity, order of the public authority or any other reason beyond his control -
- (a) he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended. The producer shall serve notice in writing of such suspension on the audio-visual worker and shall pay all his/her dues up to the date of service of such notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension there from ; or
- (b) he shall be entitled to terminate this agreement as form the cessation of production, incase the production ceases completely. The producer shall serve a notice in writing of such cessation on the audio-visual worker and make payment of all the amount due to the audio- visual worker at the time of termination.
-
- That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio-visual worker’s duties or of his/her unwillingness to perform the services required under this agreement the producer shall be entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after such payment to the audio-visual worker, the Producer shall been titled to employ another audio-visual worker in his/her place.
139
- That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performance of his/her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio- visual worker of the amount due at the time of termination, calculated taking into consideration the audio-visual worker’s total work in the audio-visual and the work he/she has completed till the date of termination of this agreement. Termination under this clause shall not be made unless the charges of the Producer against the audio-visual worker are provide before a forum comprising equal number of representatives of the Producers’ Organisation and the audio-visual worker’s Organisation to which the Producer and the audio-visual worker respectively may belong. The decision of the forum shall be binding on both the parties. The producer can engage another audio-visual worker for the job towards this agreement only after the forum has given a decision in favor of such termination and the audio-visual worker has been paid all his dues.
- That in case of premature termination of this agreement, it shall be the option of the Producer whether or not to retain the work of the audio-visual worker in the audio-visual and at the same time, it shall be option of the audio-visual workers whether or not to allow his/her name to go on the credit titles of the film.
- That the Producer shall have the right to decide the manner of representing the audio-visual worker’s personality on the screen, his/her clothes, make-up and hair-style and the audio-visual worker shall fully and willingly comply with the direction of the Producer in this regard, provided that the requirements of the Producer in this respect have been notified to the audio-visual worker and accepted by him/her.
- That the audio-visual worker agrees that he/she shall render his/her services to the best of his/her ability in such manner as the Producer or, at his instance, the Director of the audio-visual may direct and shall comply with all reasonable instructions that he may give for the production of the film.
- That the audio-visual worker shall comply with all the regulations of the studio, location or work place as the case may be.
- That the Producer shall not without the consent in writing of the audio-visual worker, assign or transfer the benefit of this agreement to any other person.
- That the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act,1952 shall be applicable to this agreement.
- That the Producer shall not utilise the work of the audio-visual worker in any film, other than the audio-visual under this agreement, without prior permission of the audio-visual worker. The parties have put their hands to this agreement on the date, month and year said above in thepresence of each other and in the presence of the witnesses.
| 1. | Witness | Producer | Name Address | | --- | --- | --- | --- | | 2. | Witness | audio-visual worker | Name Address |
140
Form-XIX
[ See sub-rule (1) of rule 69 ]
Application for grant or renewal of licence for the financial year
-
- Full name of the industrial premises
-
- (i) Full postal address and situation of the industrial promises...
- (ii) Full address to which communication relating to the industrial premises should besent..................................
- (iii) Full address of the applicant..................
-
- Maximum number of employees proposed to be employed on any one day during the financial year................... (See Note 1 at the end)
-
- Financial resources of the employer (e.g., particulars and value of movable and immovable properties, bank reference, income tax assessment, (etc.)..................
-
- Whether the employer is a trade mark holder registered under the Trade and Merchandise Marks Act, 1958..................
-
- Value of beedies or cigars or both manufactured at the industrial premises during the preceding financial year...................
-
- Previous experience of the applicant in the industry.............
-
- Whether the proposed site of the industrial premises amounts to the alteration of the site of any existing industrial premises and, if so, the reasons for such alteration...................
-
- Whether the beedies or cigars or both manufactured by the applicant will be sold and marketed by himself or through a proprietor or a registered user of a trade mark registered under the Trade and Merchandise Marks Act, 1958, or any other person..................
-
- Whether the plans of the premises are enclosed................... Date : Signature of applicant
141
Note 1 -Where the industrial premises are run or proposed to be run by a contractor for or on behalf of another person or persons or company, etc., the said other person or persons or company, etc., is under the Act the employer and particulars to be entered for "employer" in the Form should be in regard to such person, persons or company, etc.. The applicant for licence may, however, be either the contractor or the employer.
- Note 2 - (1) This Form shall be completed in ink in block letters or typed.
- (2) If any Person named against item 5 is a minor, the fad shall be stated clearly. Fee Rs.................. Licence No................................................................................................................................................................................................................................................................ Registration No.................. Date : Signature and seal of the competent authority
Renewal
| Date of renewal | Fees paid for renewal | Date of expiry | | --- | --- | --- | | (1) | (2) | (3) | | 1. | | | | 2. | | | | 3. | | | | 4. | | | Signature and seal of the competent authority
143
Annexure
This licence is subject to the following conditions:
-
- The manufacturing process shall be carried on only in that part of the industrial premises specified for the purpose in the licence.
-
- Power-driven machinery not specified in the licence shall not be used in the manufacturing process in the premises.
-
- Except with the prior permission in writing of the competent authority, the industrial premises shall not be extended and except with the like permission, no structural alterations shall be made in any building on such premises.
-
- The licence shall not be transferable.
144
FORM NO. XXI
(See rule - 74)
APPLICATION FOR THE WORK REQUIRED TO BE CARRIED OUT OUTSIDE THE
INDUSTRIAL PREMISES
- 2. Name & Address of establishment:
-
- Nature of work:
-
- Date of commencement of Work:
-
- Maximum number of employees employed:
-
- Remarks: (See rule-75)
Record of outside work
Number and date of Government's order permitting work outside the Industrial premises................ | Date | Place of places where outside work was permitted | Nature of work | Name of employee | Remarks | | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | | | | | | | | | | | | |
145
Form XXIII
{See rule-76(I)} Application for permission to construct/extend or take into use any building / premises as a factory Age : Father's Name : Permanent address- : Village/Plot No./Street/Lane : P.O. : P.S. : Town/City/District State : PIN :: Calling : 4. Location of the Factory - District P.S. : Near of village or town, nearest Rly. Station 5. Particulars of plants to be installed : (Separate sheet where necessary beannexed)
- 6. (a) Number of persons proposed to be engaged Men Women (In case of extension, increase of number of persons due to extension and No. of persons engaged in existing portion be mentioned separately) (b) Amount of power proposed to be installed (The list of machines with K.W. rating of their prime movers be annexed. In case of extension, such list for existing portions and for extension be
-
- Proposed date of commencement of
146
construction
- 8. Particulars of no objection Certificate/Consent letter of Orissa State Pollution Control Board, Bhubaneswar/Local Authority. (Attested copy to be enclosed)
-
- Amount of fee paid........ Chalan No........ Date........ Treasury/Bank name........... Date.................................................................. Place.................................................................. (Signature of applicant) With Seal
- (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. Theplans shall also clearly indicate the position of the plant and machinery, aisles and passage way; and
- (b) Such other particulars as the Chief Inspector may require.)
147
Form-XXV-A
Application for registration and grant for renewal/amendment of licence for the year and notice of
occupation specified in Sections 6 and 7
-
- Full name of the factory with factory licence number if already registered from before..........
-
- (a) Full postal address and situation of the factory............ (b) Full address to which communications relating to the factory should be sent
-
- Nature of manufacturing process/processes-
- (a) carried on in the factory during the last twelve months (in the case of factories already in existence)..................
- (b) to be carried on in the factory during the next twelve months (in the case of all factories)..................
-
- Names and values of principal products manufactured during the last twelve months.............
-
- (i) Maximum number of workers proposed to be employed on any one day during the year..................
- (ii) Minimum number of workers employed on any one day during the last twelve months..................
- (iii) Number of workers to be ordinarily employed in the factory......
-
- (i) Nature and total amount of power (H. P.) installed or proposed to be installed................ (ii) Maximum amount of power (H. P.) proposed to be used..................
-
- Full name and residential address of the occupier i.e.,-
- (i) The proprietor of the factory in case of private firm/proprietary concern..................
- (ii) Directors in case of public limited liability company/firm.........
- (iii) Where a Managing Agent has been appointed the name of Managing Agents and Directors thereof..............
- (iv) Share-holders in case a private company where no Managing Agents have been appointed...................
- (v) The Chief Administrative Head in case of a Government of local Fund factory..................
-
- Full name and address of the owner of the premises or building (including the precincts thereof) referred to in Section 93.............
-
- In the case of a factory constructed or extended after the date of the commencement of therules-
148
- (a) reference number and date of approval of the plans for site whether for old or now building and for construction or extension of a factory by the State Government/Chief Inspector :
-
- Amount of fee Rs...................(Rupees ...........................................)
- (i) Paid in................Treasury on................
- (ii) Vide Challan No.................. (enclosed). Signature of occupier Date................ Signature of Manager Note-1. This Form should be completed in block letter or typed.
-
- If the power is not used at the time of filling up this Form, but is introduced later the fact should be communicated to the Chief Inspector immediately.
-
- If any of the persons named against item 8 is minor the fact should be clearly stated.
-
- In the case of a factory, where under the proviso to Sub-sections (1) and (2) of Section 100, a person has been nominated as the occupier, information required in item 8 should be supplied only in respect of that person.
-
- In the case of a factory where a Managing Agent or Agents have been appointed as occupiersunder the Indian Companies Act, 1913 (VII of 1913), information required in item 8 should be supplied only in respect of that person or persons.
149
Form XXV-B
[See rule-76(14)(2-a)] (Self-declaration by the Occupier and Manager for renewal of factory licence) I / We Son/Daughter of resident of P.O. - , PS District State , Pin hereby declared as under .
-
- That, I Sri / Smt.___________________________am the occupier of the factory M/s. ___________________________, Registration No. ___________________________ situated at ___________________________ P.O. ___________________________, PS. ___________________________, District ___________________________, Pin
-
- That, Sri / Smt.________________________is the Manager of the factory.
-
- That, the factory license for the preceding year is _______________ is in force for _______________ KW and manpower of _______________.
-
- That, there is no change in manpower and installed power in the factory.
-
- That, there is no change in factory layout and manufacturing process, no addition and alteration made with reference to plan approved in letter No. dt__________________ of the __ Further, we undertake that, we will be held liable for penal action, if the information furnished above are found to be false at any stage in future. Signature of Occupier Signature of Manager
Form XXVI
[ See sub-rule (11) of rule 76 ]
Registration and licence to work a factory
Registration No.................. Serial No................ Fee Rs. ................ Licence is hereby granted to valid only for the premises described below for use as a factory employing not more than persons in any one day during the year and using motive power not exceeding H.P., subject to the provisions of the Occupational Safety, Health & Working Conditions Code, 2020 and the rules made thereunder. This licence shall remain in force till the 31st day of December, 20.. Chief Inspector-cum-Facilitator, Odisha The ................ 20................
Description of the licensed premises
The licensed premises shown on Plan No...................dated ; are situated in........................................... and consist of .............................................. | Date of renewal | Date of expiry | Signature of Licensing Authority | | --- | --- | --- | | | | |
151
Form-XXVI-A
[ See sub-rule (11) of rule 76 ]
REGISTRATION AND GRANT / RENEWAL OF LICENCE TO WORK A FACTORY
Registration No. ........................................................................ Fees Rs. ..................... per annum Serial No..................... The licence shall remain in force from ........................................ to ........................................ Chief Inspector–cum-Facilitator, Odisha N.B. – Any change in manpower/motive power / manufacturing process / occupier bepromptly notified in the prescribed manner to the Chief Inspector-cum-Facilitator.
152
FORM XXVII
[See rule-76(20)]
Notice of change of Manager
-
- Name of the outgoing Manager..................
-
- Name of the new Manager with postal address ........
-
- His father's name with postal address..................
153
FORM-XXVIII
[ See sub-rule (2) of rule 86 ]
HEALTH REGISTER
| S No | Department /Works | Name of Worker | Sex | Age (at last birthday) | Date of employment on present work | Date of leaving or transfer to other work with reasons for discharge or transfer | Nature of job or occupation | Raw materials, products or by-products likely to be exposed to | Dates | Result Fit or Unfit | Signs and symptoms observed during examination | Nature of tests and results thereof | If declared unfit for work, state period of suspension with reasons in details | Whether certificate of unfitness issued | Re-certified fit to resume duty on | Signature of the Certifying surgeon with date | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | | | | | | | | | | | | | | | | | | |
154
FORM XXIX
[ See sub-rule (2) of rule 86 ]
CERTIFICATE OF FITNESS
Serial number : I certify that I have personally examined (name)............................................................................. Son of (father’s name)............................................................................. residing at (address)............................................................................. Who is desirous of being employed as (designation) .................................................................................... in (process, department and factory).................................................................................... and that his age, as nearly as can be ascertained from my examination, is...................years, and that he is,in my opinion, fit/unfit for employment in the above mentioned factory as mentioned above.
- 2. He may be produced for further examination after a period of...........................................................................
-
- The serial number of the previous certificate is. Signature or left hand thumb impression of person examined: Signature or left hand thumb impression of person examined: Signature of Medical Officer: Date : | I certify that I examined the person mentioned above on | I extend this certificate until (if certificate is not extended, the period for which the worker is considered unfit for work is to be mentioned) | Signs and symptoms Observed during Examination | Signature of the Medical Officer | | --- | --- | --- | --- | | | | | |
155
FORM XXX
(See rule-47) Certified that I/We, ..........................................., Occupier / Manager of M/s..........................................., situated at ..........................................., Dist..........................................., bearing Registration No..........................................., have complied all the conditions prescribed by the Government of Odisha for engagement of women workers during night shift in my/our factory. Certified further that no woman worker has been engaged in my/our factory during night shift without her consent in writing. I am / We are the authorised person(s) to submit the above declaration which is true to the best of my / our knowledge and belief. Signature of the Manager Signature of the Occupier Name: Name: Mobile No. Mobile No. e-mail ID e-mail ID Date:
-
- Name and address of the applicant.
-
- Site Ownership Data:
- 2.1. Revenue details of the site such a Survey No., Plot No.
- 2.2. Whether the proposed site attracts the provisions of section 3 of Environments Protection Act,1986, if so the nature of the restrictions: and
- 2.3. Local authority under whose jurisdiction the site is located.
-
- Site Plan :
- 3.1. Site plan with clear identification of boundaries and total area proposed to be occupied and showing details nearby the proposed site
- b) Water sources (crivers, streams, canal dams, water filtration plants) in the vicinity.
- c) Nearest hospitals, Fire-stations, Civil Defence Stations and Police Station and their distances.
- d) Details of high tension electrical transmission lines, pipe lines for oil, gas, sewerage, if any, passing through the site, and e) Location of railway stations, railway lines, Scheduled road, bypass, if any near the site.
- 3.2. Plot Plan of the factory, showing entry and, exit points, roads.
-
- Project Report.
- 4.1 . A summary of the salient features of Project.
- 4.2. Maximum number of persons like be working in the factory.
- 4.3. Maximum amount of power and requirements and source of supply.
- 4.4. Block diagrams of the buildings installations, in the proposed and
- 4.5 Details of housing colony, hospital, school and other infrastructural facilities proposed.
-
- Organisation structure of the proposed manufacturing unit/factory :
- 5.1.. Person responsible far protection of safety, health and environment.
- 5.2. Proposed health and safety policy of the proposed enterprise.
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- Manufacturing Process Information:
- 6.1. Process flow diagrams.
- 6.2. Brief write up on process and technology.
- 6.3. Critical Process parameters such as pressure build up, temperature rise and run-awayreaction.
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- 6.5. High lights of the built-in-safety/pollution control devices or measures incorporated in themanufacturing technology.
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- Information of Hazardous Materials :
- 7.1 Raw materials, intermediates, products and bye products and their quantities (enclosed Material Safety Data Sheet in respect of each hazardous substances).
- 7.2. Main and intermediate storages proposed far raw material /intermediates/products/ByeProducts(maximum quantities to be stored at any time)
- 7.3.Transportation methods to be used for materials inflow and outflow, their quantities to be stored at anytime ; and
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- Safety measures proposed for : • Handling of materials. • internal and external transportation, and • Disposal (packing and forwarding of finished products).
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- Information ort Dispersal/Disposal of wastes and pollutants ;
- 9.1. Major Pollutants (gas, liquids, solid) their characteristics and quantities (average and at peakloads).
- 9.2. Quality. And quantity of solid wastes generated, methods of their treatment and disposal.
- 9.3. Air, Water and Soil Pollution problems anticipated and the proposed measures to control. the same, including treatment and disposal of effluents.
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- Process Hazards Information :
- 10.1. Enclose a copy of the report on environmental impact assessment.
- 10.3. Published (open or classified) reports if any, on accident situation/occupational health hazards or similar plants (within or outside the country).
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- Information of proposed Safety and Occupational Health Measure ;
- 11.1. Details of fire fighting facilities and minimum quantity of water carbon dioxide and other firefighting measures needed to meet the emergencies;
- 11.2. Details of in-house medical facilities Proposed.
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- Information on Emergency preparedness:
- 12.1. On Site Emergency Plan; and
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12.2.Proposed arrangements, if any for mutual aid scheme with the group of neighbouringfactories. I certify that the information furnished above is correct to the best of my knowledge andnothing has been concealed while furnishing it. Signature Date Designation
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FORM-XXXII
[ See sub-rule (1) of rule 115 ] APPLICATION UNDER SUB-SECTION (1) OF SECTION 114 FOR COMPOUNDING OF OFFENCE
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- Name of applicant (name of the employer who committed the offence under the occupational safety health and working conditions code, 2020 to be mentioned
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- Address of the applicant _______________
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- Particulars of the offence___________________________
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- Section of the Code under which the offence has been committed
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- Details of the prosecution, if filed for the violation of above mentioned offences may be givien
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- Whether the offence is first offence or the applicant had committed any other offence prior to this offence, if committed, then, full details of the offence _______________
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- Any other information which the applicant desires to provide ___________ Applicant (Name and Signature) Dated Place:
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FORM-XXXIII
[ See sub-rule (4) of rule 115 ]
Composition Certificate
Ref: Notice No. Date: This is to certify that the offence under sub-section … of section 114 of the Code in respect of which Notice No. Dated:______ was issued to Shri / Smt. …………. (Applicant), the employer of …………. (name and Registration Number of establishment) has been compounded on account of remission of full amount of full amount of Rs.……….. (Rupees …………. ) towards the composition of offences to the satisfaction of the said Notice. Date: Place: By Order of the Governor CHITHRA ARUMUGAM Additional Chief Secretary to Government
Printed and Published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 OGP/SBP Ex.Gaz.5955-183+1
