The Maharashtra Factories Rules, 1963

SCHEDULE

Rule 102

Exemption of certain adult workers from provisions in certain sections

 

Category No.

Class of Factories

Exemption under section

Nature of exempted work

Exemption from Section

Conditions

(1)

(2)

(3)

(4)

(5)

(6)

 

All factories

64 (2) (a) and 64 (3) for ungent repairs and for consequential exemptions from the provisions of section 61

urgent repairs.- Explanation - Urgent repairs for the purposes of this exemption shall mean _ (a) repair to any part of machinery, plant or structure of a factor, which are of such a nature that delay in their execution would involve danger to human life or a safety or the stopage of the manufacturing process;

51, 52, 54, 55, 56 and 61

(i)The occupier or manager of the factory shall send to the inspector a notice within 24 hours of the commencement of the work, stating therein the precise nature of urgent repairs, the exact time of the commencement of such work. A copy of such notice shall be displayed in the factory as provided under section  108 (2) of the act , within 24 hours of the completion of  the work of urgent repairs, a notice to that effect shall e sent to the inspector, along with the copy of the entries made in Form no. 15 in respect of every worker mentioned in the earlier notice;

 

 

 

(b) repairs to deep-sea ships and repairs to commercial aircrafts which are essential to enable such ships or aircrafts to leave port proper time or continue their normal operations in sea-worthy or airworthy conditions as the case may be, and; 

 

(i)      No worker shall be allowed or required to work on such repairs for more that 15 hours on any one day, 39  hours during and 3 consecutive days or 66 hours during each period of seven consecutive days commencing from his first employment on such work;

 

 

 

(c) repairs in connection with a change of motive power e.g. from steam to electricity of voice versa, when such work cannot possibly be done without stoppage of the normal manufacturing process. Provided that urgent repairs shall not include periodical cleaning and maintenance work.

5151

(iii) If the inspector is of the opinion that any work carried on in a factory as `Urgent Repairs’ is not `Urgent repairs’, the inspector shall serve on the manager an order to that effect and the manager shall in respect of such work, not required any worker to work sections 51, 52 ,54 ,55 ,56 and shall comply with section 61 of the Act;

 

 

 

 

 

 

(iv) No worker shall be required or allowed to work for a period of more than six hours before he has had an interval of rest or food of at least half an hour;

 

 

 

 

 

(v) Provisions of section 53 of the Act and rules 95 and 96 of the rules shall be complied with.

 

All factories except those on continuous process

64 (2) (b) for work in the nature of preparatory or complementary work.

(a) Maintenance work in connection with the mill gearing, the electric driving or lighting appartus, the mechanical or electrical lifts or hoists and the steam or water pipes or pumps or the factory.

 

 

 

 

 

(b) Departmental cilers; and

 

 

 

 

 

(c) Workers attending to the staring stopping and maintaining electrical motors and connected switch gears.

51, 54, 55 and 56.

(i) No worker shall be required or allowed to work on shifts of longer than 8 hours, duration.

 

 

 

 

 

(ii) intervals for fod and rest shall be given to all workers allowed to work on such work.

 

 

 

 

 

(iii) Provisions of rules 95 and 96 shall be complied with.

III

All factories

64 (2) (c) for work which is necessarily intermittent in nature.

(1) (a) Work performed by drivers on lighting, ventilating and humidifying apparatus.

(b) Work performed by fire pumpmen and all personnel on the fire-fighting staff.

51, 54, 55 and 56.

(i) No worker shall be required or allowed to work on shifts of longer than 8 hours, duration.

 

 

 

(2) Telephone Operators Telex Operators.

 

(ii) Intervals for food and rest shall be given to all workers allowed to work on such work.

IV

All factories

64 (2)(h) for work in the engine-rooms, boiler-house power plants or transmission machinery.

Workers engaged in engine rooms or boiler-house attending to power plant or transmission machinery or the prime movers.

51, 52

(ii)     Provisions of rules 95 and 96 shall be complied with.

  Provisions of section 53 and Rules 95 and 96 shall be complied with.

V

All factories

64 (2)(i) work of loading and un-loading.

Workers engaged in the loading or unloading of railway - wagons or lorries, trucks and tankers or the loading and unloading at jetties.

51, 52, 54, 55, 56.

(i) No worker shall be required or allowed to work on shift of longer than 8 hours, duration.

 

 

 

 

 

(ii) Intervals for food and rest shall be given to all workers allowed to work on such works.

 

 

 

 

 

(iii) Provisions of section 53 and Rules 95 and 96 shall be complied with.

VI

Carbonic Acid Gas factories.

64(2)(b) for work in the nature of preparatory or complementary work.

Work of fireman to light lye-boiler.

51, 54, 55

(i) This exemption shall be availed of only on the day on which the plant is restarted after a cloure.

 

 

 

 

 

(ii) No worker shall be required or allowed to work on shifts of longer than 8 hours, duration.

 

 

 

 

 

(iii) Intervals for food and rest shall be given to all workers allowed to work on such work.

 

 

 

 

 

(iv) Provisions of rules 95 and 96 shall be complied with.

VII

(1) Cloth Printing factories or departments.

64(2)(b) work in the nature of preparatory or complementary work.

Work in the nature of preparatory or complementary to main operations of printing, sanforizing, finishing and mercerising of cloth.

51, 54 and 56

Provisions of rules 95 and 96 shall be complied with.

 

(2) Cloth Spinning & Weaving Mills. Film Studios

Do.

Work involved in clearing blow room flues

Do.

Do.

 

 

Do.

All work in the nature of preparatory or complementary work which is necessary for the shooting of films.

Do.

Do.

VII

Dyeing or bleaching factories or departments.

64(2)(b) for work in the nature of preparatory or complementary work.

Work performed by Kiermen

51, 54, 55 and 56.

(i) No worker shall be required or allowed to work on shifts of longer than 8 hours’ duration.

 

 

 

 

 

(ii) Intervals for food and rest shall be given to all workers allowed to work on such work.

 

 

 

 

 

(iii) Provisions of rules 95 and 96 shall be complied with.

IX

(1) Brick factories

64 (2)(d) for work which for technical reason must be carried on continuously.

Work of Fireman on Kilns

55

(i) No worker shall be required or allowed to work on shifts of longer than 8 hours duration

 

 

 

 

 

(ii) Intervals for food and rest shall be given to all workers allowed to work on such work.

 

(2) Cashew Nut Factories

Do

Oil Extraction work

55

Do.

 

(3) Cloth printing and processing factories.

Do.

Work of cloth printing, bleaching, finishing, mercerising, raising dyeing, singeing and sanforizing.

55

Do.

 

(4) Collapsible tube manufacturing factories.

Do.

Work in painting, coating, drying of Collapsible tubes if carried on in a continuous process.

55

Do.

 

(5) Cycle manufacturing, Auto-mobile manufacturing and manufacture of Steel furniture.

Do.

Work of painting and enamelling section and semi-automatic planting plant.

55

Do.

 

(6) Enamalled wire manufacturing factories

Do.

Work of enamelling of wires.

55

Do.

 

(7) Ferrous and Non-ferrous metal factories.

Do.

Work on hot rolling

55

Do.

 

(8) Flour Mills

Do.

All work

55

Do.

 

(9) Gum Industry

Do.

Work performed in connection with shifting, dehusking, grinding and packing

55

Do.

 

(10) India Government Mint.

Do.

Melting Department including dress washing

55

Do.

 

(11) Leather cloth factories

Do.

Working of continuous coating of PVC drying fusing in hot air oven and embossing

55

Do.

 

(12) Lime Bhatties

Do.

Workers employed on Bhatties.

55

Do.

 

(13) Oil Mills

Do.

All continuous process work.

55

Do.

 

(14) Ordnance factories

Do.

Work in melting shop swarfanneal in furnace gas producers, electrical sub-stations and water and electrical distribution departments.

55

Do.

 

(15) Pharmaceutical factories

Do.

All continuous process work.

55

Do.

 

(16) Plastic factories

Do.

Work on plastic injection moulding machine and extrusion machine

55

Do.

 

(17) Pottery works

Do.

Work of fireman on kilns. Workers employed on kilns

55

Do.

 

(18) Shellac factories

Do.

(1) Work on the reducing furnace.

55

Do.

 

(19) Smelting and Refining factories

Do.

(2) All continuous process work in connection with electrolytic refining.

55

Do.

 

(20) Soap factories

Do.

Work on Soap boiling pans and soap drying pans.

55

Do.

 

(21) Sodium and potassium bichronate factories

Do.

All work.

55

Do.

 

(22) Spinning and weaving Mills.

Do.

Work on hot air. sizing machines Generation of gas and filling of cylinders.

55

Do.

 

(1) Acetylene factories.

64 (2) (d) for work which for technical reasons must be carried on continuously.

 

51, 52, 54, 55, and 56.

(i) No worker shall be required or allowed to work on shifts of longer than 8 hours’ duration.

 

 

 

 

 

(ii) Intervals for food and rest shall be given to all workers allowed to work on such work.

 

 

 

 

 

(iii) Provisions of rules 95 and 96 shall be complied with.

 

 

 

 

 

(iv) Compliance with section 53 shall be made in such a way as such workers shall be allowed not less than two holidays in each period covered by four consecutive statutory holidays under section 52(1)

 

 

 

 

 

(iv) In the absence of a worker who has failed to report for duty a shift worker may be allowed to work the whole or part of the subsequent shift provided that the next shift of that worker shall not commence before a period of 16 hours has elapsed after the specified stopping time of the shift to which he belongs.

 

(2) Carbonic acid gas works.

Do.

Work of fire man, Pumpmen,plant driver,oilers and the filling of cylenders.

51, 52, 54, 55, and 56.

Do.

 

(3) Carbonic acid gas solidification works.

Do.

All works except packing blocks.

Do.

Do.

 

(4) Cement factories and asbestos cement factories.

Do.

All continuous process work.

Do.

Do.

 

(5) Chemical factories

Do.

All continuous process work.

Do.

Do.

 

(6) Chemical Products factories

Do.

Process of manufacturing activated carbon.

Do.

Do.

 

(7) Cinematographic films processing factories

Do.

Work on developing and washing process.

Do.

Do.

 

(8) Coal gas factories

Do.

All work in the resort house and on the water gas plant. Work of the male yard labour staff in unloading coal, feeding hoppers and removing coke, work on the syphons boilers, station meters and governors.

Do.

Do.

 

(9) Computer installations.

64(2) (d) for work which for technical reasons must be carried on continuously.

All work

51, 52, 54, 55, and 56.

Do.

 

(10) Confectionery Manufacturing Departments of factories.

Do.

Manufacturing of malted chocolate flavoured food and chocolate making.

Do.

Do.

 

(11) Crude Mineral Oil and Petrochemical Refining factories

Do.

(a) All continuous process work performed by the plant operators, fire operators, Laboratory testers and analysts, maintenance and instrument personnel connected with continuous process work, dressers and sample carriers.

Do.

Do.

 

 

 

(b) Work performed by safety operators.

 

 

 

(12) Dextrine manufacturing factories.

Do.

All continuous process work.

Do.

Do.

 

(13) Distilleries

Do

Work on the extraction of sugar from various bases, fermentation of sugarcane juice and distillation of fermented wash.

Do.

Do.

 

(14) Electrical accumulators chargining departments of factories.

Do.

Operations in connection with charging electrical accumulators.

Do.

Do.

 

(15) Electrical receiving stations and sub-stations.

Do.

Operation and maintenance of transformers and their auxilliaries including receivbing and distrubution, switch gear, lightening arrestors, synchronours and other condensors and rotary and static condensors.

Do.

Do.

 

(16) Electronic Components Factory.

Do.

Welding, Iacquering and colour coding of carbon registers.

Do.

Do.

 

(17) Ferrous and non-ferrous metal factories.

Do.

Hot Rolling.

Do.

Do.

 

(18) Glass factories

Do.

All continuous process work including cartoning and packing carried out in continuous chain.

Do.

Do.

 

(19) Glycerine factories

Do.

All continuous process work.

Do.

Do.

 

(20) Hydraulic pumping stations.

Do.

All work.

Do.

Do.

 

(21) Ice factories

Do.

Work of the engine and compressors, drivers and assistants and oilers.

Do.

Do.

 

(22) Magnesium Chloride factories

Do.

The work on concentrating process.

Do.

Do.

 

(23) Milk Dairies

Do.

All work of receiving, chilling, processing of milk by pasturisation, storage, bottling and packing of milk.

Do.

Do.

 

(24) Oil tank installations

Do.

(a) Work performed by workers in connection with pumping operations

Do.

Do.

 

 

 

(b) Work performed by furnacemen and firemen

Do.

Do.

 

 

 

(c) Work performed by safety operators

 

 

 

(25) Oxygen factories

Do.

Work Engine and plant drivers, oilers and the filling of the cylinders

 

 

 

(26) Paper, cardboard and strawboard factories

64 (2)(d) for work which for technical reasons must be carried on continuously

Work performed on chopper, digestor, kneeders, strainers and washers, beaters, paper making machines, pumping plants, reelers and cutters

51, 52, 54, 55 & 56

Do.

 

(27) Pharmaceutical factories

Do.

All continuous process operations in chemical plant.

Do.

Do.

 

(28) Phonograph Discmanufacturing factories

Do.

Work performed in matrix Department

Do.

Do.

 

(29) Potassium Chlorate factories

Do.

Work in the cell room

Do.

Do.

 

(30) Public electricity supply factories generating electricity in any manner and those enginee-rooms and boiler departments/generating electricity in any manner

Do.

Operation and maintenance of Primemover and auxiliaries, generators transformers and switchergears, also engines and boilers and their auxiliaries

Do.

Do.

 

(31) Public pumping and compressor stations

Do.

Do.

Do.

Do.

 

(32) Rubber Tyre and Rubber factories

Do.

All work on curing process of rubber

 

Do.

 

(33) Silver refineries

Do.

All work

Do.

Do.

 

(34) Soap factories

Do.

(a) All continuous process work in continuous soap making plant.

Do.

Do.

 

 

 

(b) All continuous process work in synthetic detergent plants including cartoning and packing carried out in a continuous chain.

 

 

 

(35) Sodium and Potassium bichromate factories

Do.

Work in furnace and crystaliser

Do.

Do.

 

(36) Starch factories

Do.

All work except the Engineering Department and Workshops.

Do.

Do.

 

(37) Sugar factories

Do.

Operations beginning with receiving and weighment of sugarcane and ending with bagging of sugar.

Do.

Do.

 

(38) Vegetable Oil hydrogeneration factories

Do.

The work, viz. refining, bleaching, filtering, generation of hydrogen, hydrogenating and deodorising processes; also compression of oxygen and the cylinder filling.

Do.

Do.

 

(39) Factories having Efffluent Treatment Plant.

Do.

All continuous process work

Do.

Do.

XI.

(1) All Cotton ginning factories

64(2)(b) for work in the nature of preparatory or complementary work 64(2)(f) for work carried out during fixed seasons ans section 64(3) for consequential exemption from section 61.

Work performed by Gin fitters. Mochies and Oilers.

51, 52, 54, 55, 56 & 61.

All the five conditions in X(i) and (VI) Register or Muster roll required to be maintained under section 62 shall show correctly full particulars of periods within which each such workers may be required to work, entries in the register or Muster roll shall be up-to-date.

XII.

(1) Potter Works

64(2)(d) for work of continuous nature.

Work on Tunnel kilns.

52 & 55

All the conditions as in VII.

XIII

(1) Gur (Jaggerly) factories

64(2)(b) for work in the nature of preparatory or complementary work and 64(2)(c) for work which is necessarily intermittent in nature.

All work

51, 54, 55, and 56.

All the conditions as in VIII.

XIV

(1) Newspaper Printing Presses

62(2)(i) for work in Printing of Newspaper which is held up due to break down of machinery.

(a) All work on daily/weekly Newspapers.

51, 54, 55, and 56.

(a) No worker shall be allowed to work for more than 56 hours in any week.

 

 

 

 

 

(b) No overtime shall be carried on except for two days prior to the date of the publication of the weekly newspaper.

 

 

 

 

 

(c) The exemption under this entry shall be availed of only in that section of the press where there is break down of machinery; and

 

 

 

 

 

(d) Intervals for food and rest shall be given to all workers allowed to work on such work.

XV.

(1) All factories

64(2)(k) for work notified by the State Government as work of National Importance.

Workers engaged in any work which is 51, 52, 54, 55, official Gazette, as work of National Importance.

51, 52, 54, 55, and 56.

All the conditions as in X(1) except condition No. (V).