(l) - For the purpose. gf the examina:
tion and ".rtiri"riio"-"?v"""rf p.;;;;;nci 6isn to obt'ain-certific-ates of fitness ii-JC*iif,irg SriS;o,rd.tt uiirge,a suitable time and place for.the attendance of- such per-scns," and give prev-ibus notice in writing of such arrangentents to the managers.lri".,oiies siiuated w'ithin the local limits assrgneci to him-
(2) (a) Every certifying surgeon rqul! keep bound bcoks contalning certlfifaliJ] i" roi* oo. 5 reipectiiely in foil and_ counterfoil. In each book il;"i;; r[uit Urro-fered consecutiiely anc shall be printed on.cloth"backed ;;;;;. Tnr fol anA counterfoil shall be ntt*a in and the left thumb mark of the ;;ffi; i,i lrir iigoutur. in whose name the certiftcate is granteC shall be taken 5;';h;;.'Ci, UO-irg"Ai.n.d *t t" the correctness of the ertries made therein ii6If ine- fltnesi of the person examined, the Certifying Surgeon sSall sign ;h;f-l ,no ioitiuiiu.-"o"otirfoil and shall cieliver the foil- to the pcrson il whose name tne ceiiiiicate is granted. The foil so delivered shall be the certifi;rr. "f fiio.r, g;;;Gd;"der-section 69. All counterfoiis in a book shall be "r.r.rr"a by ttr -b.itif,lrg Surgeon for a period of at least two years after ih. irto* of ihe last certificate in that book' revoking a certificate under sub-section t4) o f "Revofed" in red ink on the foil and counter' 13) Any authority-granteci_.by a Certifyirg Surgeon under ^sub-sectioD (2j of section I0 to " q"-iirft-J meaiiir;;;iiii6;.', ru.i.ir'after referred to as the Examining Surgeon ) to exercite f tJpowers of the Certifyirg Surgeon under the Act shall be made in rrriting and'rh"tl state the factoiies or area tc which ih; i;;ire;;ion-of the Examining E ii."qis limited, and anv .cancellation of ;i;;d authority rt rii be marie Ufttre dertifying Surgeon in writing'
(4) An Examining surgecn _shall qralt and revoke certificate in the -rooii'piovided-in *Ulrui. (2r. The worfi "Provrsional" shall be printed or ;;;;d'in red ink at the topbf each foil and countertoil' (5r (a) A person who loses a certificate of fitness which has bgen granted to him may ";;iy;" th. Surgeon-who granted .t to. a copy of the certifi- .itr"""Jlrr" r'uii's,irg.oirfter ila[ittg t,rih "rqyiry froT such perso-n's empl- ;il 6; if ;".1, e;rl;}-i; r".*ptrv.a] rto. his'iasi emplovei ) and from such other sources, ;r il a..*t fit, ,uV gr.19t a.duplicate of the lost certificate' The word ,,Oupii.ut.;'itult-tr" ctlarfir"ruTlitten in ied ink across.Iychduplicate certificate "no ioitirrr.o uv ttr" -saia Surgeo.n. The counterfoil in the bound book of forms rh;llb.-;i*iJirly marked "D-uplicate" and initialled'
(b) For every copy ofa duplicate certificate,granted under clause (a), a fee of tifty Naye-p''"ir"ifiall U.
"t trg.a, *ni"n sUalibe credited to Government' The Certifying drg;;;;;tf^arl"iig Srrgeon shall maintain a register in Form no.26 oflall r..ri"'iJti tn.-isur;fd"pii.ate certificates and shall initial each entry therein,
(b) A certifYing Surgeon sectioir 69 shall write the word foil.
Rule 14 l Bihar Factories Rules, 1950 te .(c) No duplicate of certificate shall-be.granted to any persoe otherwisethan in accordance with the provisions of thii sub-rule. --l r----' . (q) ('l .It 9 Certifying Sulgeon. shall visit every factory within the locallimits for which.he is appointed iriwhich adolescents or childi.o "i. kuoqrn tobe employed, atleast onc-e in three months: At each of tn*re'ufuitrlnr-*.;&;;
shall prcduce before him all adolescents and-children employ.O in the factory,whethe r irctually at work or not. ,-,_ . .. - (b) The Certifying Sulgeo! shall-personally examine every adolescent and 9!lld yho-is-in p_ossession of a .,provisional,'".riinrrG;;r;;;A,lJa., sub-rule(4) and shall, if'satisfied that a certificate of fitness sn"-"u1a ue giJo-t.a, d;1|[;the provisional certificate and issue his own certificate of fitness-;i*place of it.
(c) If on such examination the Certifying Surgeon is of opinion that aperson in possession of a child's provisio-naicertiicaie of nio*Ils under theage of fourteen years or is not fit roi e-mployment as a child 1|-; f*t;;y,";;
\!ut u--person in possession of an roulri #;;iri;;rr .r.tin."t.-orttorss is less tllo t5 years of age or is unfit to work ,6 ur, ".trrt, n. .rr"ri-i*i"*o the cer-tificate, write on it the word "Cancelled" and siln the same and shall forwardthe certificate with such remarks, .,flry, as- he _miv otrer io -1tr, -rrrpector ofFactories for information, and inforin the Examiffi s;g;;; i,ho grantedsuch provisional certificate.
(7) If-the Certifyingalurge-on refuses to grant any persor a certificato offitness, orif he cancelialProrisional Certifica"te of fitnJss, r, f..rt'applicationfor a certificate for such person shall be entertaineo uiiii "itrr tt. Iapse ofthree months from the dateof such refusal, ""G;;h;a;r;if;irg }urgro, other-wise.gives.permission in.writiog ut the time of refuiint;;-;rfft-fr!..rtificateor at the time of cancelling a .Frovision"r c"rtit.it", ,
Provided that this sub-rule shall ncit prevent the_imrnediate granting of acertificate of fitness as a child to a person whose "";rifi;;6;f;;;-f.'as an a<Iulrhas been revoked under ctause rcy -of *u-rgr" iol,?ir-iri;;pi;i";"of the cer*tifyi ng surgeon such person is oi uge and fit td-woir. io ;fr.iJry is a child.
(8) The Certifyiog Surgeon or the Examining-Surgeon, as tbe case maybe, at his periodical-viJits straTt salisry hi..;lf;il tt. fitness of all the adole-scents and children empioyed in the factory "oa rnull revoke the certificate offitness of any whom he'deems to b, unfit.
(9) The Certifying Surgeon and to the manager a notE in FYorm no.
tactory.
the Examining Surgeon shall hand over 27 detailing the result of each visit to the
(10) The Certifying Surgeon shall, an lnspector,.carry out such examination he may indicate, foi any factory or class upon-requelt!y the Chief fnspector or and furnish him with such ieport as or description of factories wherb-
(a) cases of illness have occurred which it is due to the manufacturing process carri:d of work prevailing therelq or
(b) by reason of any charge in the manufacturing process carried ou,or in the substances used tberein, qi uy i;"i"n' of the "aopiio" orany new manufacturing process.or of "oi, o., ,uUrtan.e ioi ur. io 1 gar-ufac t :11$ !.1o,.
ei s,,ther e i s a Ii ke I i I oo a oiri r;r;t; tG n rrf tn reasonable to believe are otr, or other conditions of workers emptoyed in that -r.rr".i#il;;;J;:i'ir""'"' t j 10J Bihar Factories Rules, 1950 I Rule 14A a ?
1 I.
l+"
(c) young persons are, or are about to be, employed in any work.
( I 1) For the purpose of the examination ol persons employe-d. in processes "our..td6y the rules re^lating to dangero'ls operations, _the - Certifying Surgeo-n shall visit the factories wit-hin the l,ocal limits assigned to him at such intervals as are prescribed by the rules relating to srrch dangerous operations.
02) nt such visits the Certifying ;iurgeon shall examine the pers.ons emptoye6 in such processes and shall record the results of his examination in a rrgirr.r known as the $eal_rh Register FotT no. 16) wh:ch shall be kept by th! factory manager and froduced to the Certifying Surgeon at each visit.
(13) If the Cerlifying Surgeon finds as a result of his examination that "oy pirroo employed -iniu-ch process is no longer fit for medical reasons to *o'rf in that p.b..ir, he shall suipend such person- from working in that process foisuch time as he may think fit and no person after_ susp_ension shall be cmpfollA in that process without the writteri sanction of the Certrfying Surgeon in the Health Register.
(14) The manager of a factory -shall afford to the-Certifying Surgeon facrlitiesio inspect any process in which any peison is employed or rs likely to be employed.
(15) The man-ager of a facto.ry shall provide.for the purpose of any medi:
cal exlmination whic[ the Certifying Surgeon wishes to conduct at the {ac!o-ry ifor nis exclusive use on the occisio-n of in examination) a room which shall be i-p.iiV Cieaned and adequately ventilated and lighted and furnished with a
3..der, a table (with writing materials) and chairs.
,[(16) Any register or record of medical examination and tests therewith requirda t6 be'car-ried out under an-y_of the-schedule, annexed to rule 95 in irJp6t of *oy worker shall be kept readily available and shall be. preserved till in.-.ipiiy oi oor year after the worker ceases to bein employmentof the factory.l 14-A. Fees for Certifying Surgeon for examintion of young pcrsons'- /t) The Certifvine i.r.n"oo rh.tt be entitled to the following fees for examinaii.io "na g.unioi".ertifrcate of fitness irnder sub section (2) of section 69 :-
(i) Rs. 4 (Rupees four) for first youDg persoa and 8"..1 (Rupee one) ' for eviry'subsequent person.examined in a single day in a factory for the purpose of such examinatton ;
(ii) Rs. 2 -(Rupees twol for the first youog person. and Re. 1. lRupee oo.f t|, ir.ry subsequent youngpcrson examined on a single day when the peison to be eximined go to the Certifyrng Surgeon for the PurPose of such examination ;
(iii) If a Certifying Surgeon has to travel beyond a radius .
of five miles\ / from his dispensaiy or place of -posting to -examine-any young person or p.rtorrs, he shafl be entitled to an additional fee at the r"trt? it iity seven Naya Paise o_nly per mile for the total distance travelled Uy nim. A Cirtifying Surgeon who is the servaot of the Strt. Gov6rnment shall charge this additional fee from the occuprer of a factory only if he does not charge aoy travelling allowance for the journey-from the State Goverrmen't' 8& Rules 14B-l4D l Bihar Factories Rules, I950 I Il
(2) The Certifying Surgeon shall send his bill of fees direct to the occupier of the factory in which the young persons are examined or are to be emplor ed.
(3) For the purpose of his duties, as specified in sub-rule 6 of rule 74, a Certifying Surgeon shall be entitled to the same rate of fee for examination and grant of certificates of fitness and the same rate of additional lee for travelling as specified in sub-rule (1) of this rule.
' (4) The fees and additional fees prescribed in this rule shall bc paid by tbe occupier of the factory concerned.
(5) The fees and the additional fee s for the renewal of certificate of fitness shall be the sarne as prescribed in these rule s for grant of certificate of fitness
(6) An Examining Surgeon shall be entitled to the same fees and additional fees as prescribed for a Certifying Surgeon.
14-F3. Fees for Certifying Surgeon for carrying on examioation under subrule r10) of rule 14.-A Certifying Surgeon shall be paid by the occupier of the factory besides the additional fee for travelling, a daily professional fee at tbe rate of Rs. l6 per day irrespective of the riumber of person examined but this fee shall be reduced to Rs. 8 if the examination does not take more than balf of a day .
Provided that if the number of factories visited exceeds four on a single day, the professional fee payable above shall be raised to Rs. 24 per day.
14-C. Fee for medical practitioners.-(I) On receipt of a report under sub-section (2) of section 89 from a Medical Practitioner and after getting the report confirmld bya certificate of a Certifyrng Surgeon or olherw_ise,_Jhg Cfiief Inspector shall pay a fee of Rs. 4 (rupees fourl only to the Medical Practitioner concerned for each person suffering from any disease specified in the Schedule to the Act.
(2) I'hc Chief Inspector-shall send a written demand to the occupier of the fdctory concerned by registered post under acknowledgement due for the amount paid by him under sub-rule (l).
(3) On receipt of such demand the occupier of the factory concerned shall witnin a fortnight deposit the amount into the nearest Treasury or Sub- Treasury by means of a Challan under the head 1[ ((0230-104 Labour & Employment-Fees realised under the Factories Act" and shall immediately send the Challan in original by Registered Post to the Chief Inspector in compliance with the notice of demand.
(4) If any occupier fails to deposit the aTount dema_nded by- the Chief Inspeit6r within a fortnight of the receipt of the notice of deland, the Chief Inspector shall take steps fo recover the amount as an arrear of Land Revenue frbm the occupier of the factory concerned.
'r4-D. Fees for examination of persons employed in dangerous operatiotrs.- The fees and additional fees for examination of persons employed in dangerous operations as specified in rule 95 shall be the same as prescribed in the t t I g *s E s & ts*v sg a.;
E # 'ts
9..t!
Iipt ti,gi fi fi li fi H tr * E G.
ft s G G I Subs. vide new Flead of Accounr.
F% 12 1 ti t$:) & f iE Ili tir tii rule I4-A, anc shall be payable by the occupier of the factory in which thepersons examined are employed.
14-E' Debiting. of ^fee payable by tbe Chief fnspector under rule L4 C-phe-fggspayable-by the Chief inspector-under-ruie l4.C shall be debited ro rhe fos3(1 rIrrg230-800--Labour anct Employment-orher rece,fis;- -- 14'F ' Arrear of fees and additiooal fees to be recoyered from the occupieras arrears of land revenue.._-If the.occupier of any f";tory i;ifrio-puv the feesor a:ditional fees, or.borh, prescribed ,inari;;;i 14_A,iq_e aia iq-a to anycertilving Surgeon, the same shall, .n ;;;;prl.uiioo received from the certi-fying- Surgeon by tlte Chief Inspector, be ,.rouuruble as an arrear of land reve-nue from the octupier of tne rlctoiy' ;;;;;;-o*'ura paid ro the certifyingSurgeon concerned.
C hapter III Health 1 5' Record of white wash.ing, etc.-The record of dates on which whitewashing, colour-waslring, uuroirhi_og-,' ;;., *"ir.ri"ci out shall be entered in aregister maintained in Form io. ?.- ----rvu \/LrL D,arI uE I 16' Disnosal of wastes and effluents.-(l) In this rule, unless there be 111thins ttp'g,unt rn theiull."t or context, the word ..Stream,, sball includeany rlver, stream, wqt_er course, inland wa.ter d;k, reservoir, or the like, whe-ther natural or. artificirL,-."f ^..wastes,, uor".-r'specificarly mentioned shallinclude .,effluents,, *tiinlr roiiO, fiq"iA o,-gu.rlrr.
(2) Such effluents as mav be harmless and as do not need any treatmentto make them harmless shalfbe separated frot:other effluenls and shall becarried in separate drains : 'rvru
Provided that if the quantrty ol' such effluents. is very smap, the chiefInspector o,ay permit ail the effruents to be ."rii.a in one drain.(3) AII wastes unless they are harmtess shall be.cleaned, treated and puri-fied effectivery by such erectricir, me.cbanicri, "n.*i."i ;;;thJi'_."o, uy ,combination of any of these, as may -br-"pprtpri"," considering the natureand quality of rhe waste, so as to make rhJ;;;i;'iooo"roos and harmress.(4) The waste shalt be purified ro such a degree and shall be disposedof in such a manner a.s may not po^ilut. ,.v ,trJ"ii o, atmosphere or may notcause any damageor harm to anillrb;;ril;i;'plant life or may not causeany injury to the.health -of,-or bJ a source of ouirio"" to the inhabitants of thearea in the -vicinity of the factory or in th;;;;" over or through which thewastes may spread or pass.
(5) Efficient drains shall be providecl for the effluents from the points oforigin to the place of treatment arid th;;hceypfiirp"."t The drains shall be of such capacity as to be adequate for draining ourthe entire effluents without allowing tt.i, il "r,li-rto* and shall be construbt-ed of masonry, conctete, or bricks uiro ..-.";";l be covered unless iron orconcrete pipes are used.for carrying the erruenis , '- -"rv^vs uurei . Provided that the chief rnspector ffiay, by an order inreqriirements of this sub-rure to i""r, e*;;;'r;c;unlect to Brhar Factories Rules, 1950 I Rules 148.16 writing, relax the such conditions as '',4 R.ule 16 j he may specify, not necess3ry or Bihar Factories Rules, I950 if he is satisfied that compliance with the provision tirereof ispracticable.
(6) Wastes wbich are gaseous or a mixture of gases and solids shall beremoved ^pY .m.rns of a mechanical exhaust system-or Uy su"n oil., *"uo, u,rnay be effective andpracricabre lqd l-hg ryrt.6 of exhauJ,,[uirl.-or";A;;;;
capacity 3nd the wasies removed'shall be o;sposea of in 'r;;f'L-"uo., as toensure tbat they do not escap.e. in any *ork-roo* or tnuiJnryli not spreadand cause nuisance in the vicinity of tfie factory.
Where the gaseous sastes c-onta!n soliC particles in such quantity as maycreate nuisancein the.locality, effectivearrangfum-ents.shall d;;J; to separatesolid materials from th-e gaseous wasres befoie arrow;ng-trr;;;;;; wastes {oescape in the atmosphere- and effective arranqement shall be made for thecollection and disposal of the collected solid wasGs :
Provided that.the provisions of this sub-rule sh_all not apply to a factorywhich is already in existence on the date oo, *hi.h these amendments cameinto force but in-case of such factories the Chilf Inspectormay direct the occ-upier and tbe manager of the factory to take such stepr ano i.i ;;k. such arr-angements to prevent or minimise the nuisance as may ue practicable :
Provided further that the Ch-ief Inspector may relax the requirements ofthis rule to such extent and subje"t r.i;;;t ;;"ditions as he ,ry ,p."ify inwriting if-he is satisfied that compliance witn tne pro;iri,r;r"of tiii'suu-rutre isnot practicable jgl,necessary in.ionsideration of t'r,e .rpr.ilv tiinr fr.t;;y ;;the degree of nuisance creatld thereby
(7) Sel-ia wastes shall not be allowed to spread in any workroonr or inany part of tle factory. Such wastes shall be collected in sJitaUieieceptaUtr, atconvenient places .and arrangements shall be made f;; idA;qposal of such wastes at frequent intervals.
. . {!) ln case of a factory which comes into existence after this rule comesinto gfflect, no manufactuiing process shall be started io the faciory unless c-omplete details,,as-spegified in sirb-rures 19) and (t0) of tne arraneements forthe treatment and tbe disposal_of the wastis and riitu."rr-[;;i;;; submittedto an9 approved by the Cnier rnspector and unlesi arrangements as approved have been ruade :
Provided that in case of factories which are already in existence on thedate on which this rule comes into force, the-above m.niio.,ea aitails shall be submitted !o the Chief Inspector within ihree *orihr and the "iiuog"*ents as Spproved shall be made within six months of the date of ,ppro;;i. 'The Chief Inspee.lor-DiY, however, extend these periods up to six moiinr roa 12 months respectively :
Provided further that the approval of the Chief Inspector mentioned in ,this sub-rule shall not be necessaiy in the following .ir"-"f,.iur..r ;-
(a) Where'thO Urainage system of the factory is connected to the public sewerage system or where the wastes of thefactory are proposed tobe discharged into the public sewerage. In the."G oi such a facloty, complete details and particulars'ln respect of ttrepropo.uJ arrangements for the treatment and disposal of the wastes- snalt be submitted to the authority under whose control the public sewerage functions and no manufacturing process shall U" started in lt3 ;
:
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l , :",I :
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:i:
t .'t:
,:. ,.)
a:.., j -i :::
14 1 Bihar Factories Rules, 1950 capacity of the stream otherwise.
I Rule 16 {" the factory and the wastes shall not be discharged into public sewerage system unless the arrangements have been aPproved by the said authority, and where the approval has been given bV th9 said authority an ittested copy of the letter of approval alorg^withtbe details bf the arrangements shall be submitted to the Chief Inspector within one month of the date of approval.
(b) When the arrangement and scheme for the treatment and disposal\ / ot'the wastes ofine factory have been approved by the Director of Health Services.
In the case ot'such a factory, an attested copy of the letter of approval with complete details of the arrangements and the scheme for the treatment and disposal of wastes shall be submitted to the Chief Inspector -within one month -of tne date of approval and no manufacturing process shall be started in rhe factory unless the approval of the Director oi Health Services has been obtained and unless arrangements as approved have been made.
(9) The following details and pa-rticulars in respe-ct o{ thg. arrangements for treifment and disposal of wastes shall be submitted to the Chief Inspector f or approval :-.
(a) Three copies of the layout plan of the factory showing the point\ / of origin^ and the plaie ollischarge or disposal of the wastes and the layout and arraigements of drains and other devices for carrying and disposal oflhe wastes from the point of origin to the point of disposal or discharge.
(b) Three copies of the site plan of factory along -*it! its environs showing ihe alignment -of drains or channels for carrying the wastes as well as showing the area or through which the wastes are likely to spread or pass.
In the site plan, the villages, residential areas, agricultural fields,.
etc., through or -over which the wastes and the effluents may pass shall be clearly indicated.
(c) Nature and description of different wastes produced in the factory-
(d) The quantity of each of the wastes produced per day.
, (e) The chemical composition of the wastes, chemical analysis and B. O. D. value of the liquid wastes.
(f) The maximum quantity of the wastes required to be treated and disposal on any one daY.
(g) The maximum temperature of the wastes at the place where it is to be disposed of.
(h) Where the wastes are to be discharged in a stream, the lowest rate of flow of the stream, in chse it is a flowing stream, and size and
(i) Three copies of rhe plans showing- complete details of the treatment plant, or the arrangements for the treatment of wastes.
(j) Three copies of the detailed _description of the entire arrangement for treatment and disposal of wastes.
(I0) The Chief Inspector or an Inspector ntay require such other details, particulars or informations to be furnished as he may consider necessary in Rule 17 J
60.0
61.0
62.O
63.0
64.O
65.0
66.0
67.O
68.0
69.0
70.0
7l.o
72.0
73.0 740
75.0
76.0 Bihar Fac(ories Rules, I950
SCHEDULE.
lrs I i t!'
f order 1o be able to examine the scheme for treatment and disposal of the wastes.
tI l) on receipt of complete details as prescribed above, tbe chief Inspector may approve the arrangements with iuch conditions as he ,.yrf..ify in writing.
, \12) If Lhe Chief Inspector finds that anJ arrangement whiih was approved was not effective. he may direct the occu-pilr and -the Manager to re-examine and .modify the arrangement in such a manner, to such "4n extent and within such a period as he may specify in writing.