Maharashtra Factories Rules, 1963 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1948
Jurisdiction	State of Maharashtra
Ministry	Govt of Maharashtra
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	labour, environment

84 The Maharashtra Factories Rules, 1963 The Maharashtra Factories Rules, 1963 The Maharashtra Factor ies Rules, 1963 The Maharashtra Factor ies Rules, 1963

CHAPTER 1 Preliminary

1. Short title and extent.- (1) These rules may be called the Maharashtra Factories Rules, 1963.

(2) They extend to the whole of the State of Maharashtra.

2. Definitions.- In these rules, unless the context otherwise requires,-

(a) "Act" means the Factories Act, 1948;

(b) "Appendix" means an Appendix appended to these rules;

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

Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 80 degrees or more, shall not be deemed to be artificial humidification;

(d) "Belt" includes any driving strap or rope;

(e) "Degrees" (or temperature) means degrees on the Fahrenheit scale;

(f) "District Magistrate" includes such other official as may be appointed by the State Government in that behalf;

(g) "Form" means a Form appended to these rules;

(h) "Fume" includes gas or vapour;

(i) "Health Officer" means the Municipal Health Officer or District Health Officer or such official as may be appointed by the State Government in that behalf;

(j) "Hygrometer" means an accurate wet and dry bulk hygrometer conforming to the prescribed conditions as regards constructions and maintenance,

(k) "Inspector" means any Inspector appointed under the Act and includes the Chief Inspector of Factories and a District Magistrate;

(l) "Maintained" means maintained in an efficient state, in efficient working order and in good repair;

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

(n) "Section" means a section of the Act.

1[(o) “Hazardous Factory” means a factory in which manufacturing process is carried out, involving use, storage, handling or processing of any substance which is flammable, toxic, explosive, highly reactive chemicals as defined in clause (a) of Rule 2 of the Maharashtra Factories (Control of Industrial Major Accident Hazards) Rules, 2003 or `corrosive substance’ as defined in sub-clause (a) of clause (1) of 1 Added by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.6.

The Maharashtra Factories Rules, 1963 85 Schedule XII prescribed under Rule 114 of the principal Rules or where such substances are evolved in the manufacturing process.]

Rules 3 to 11 prescribed under sub-section (1) of section 6

3. Approval of plans - (1) An application for obtaining previous permission for the site on which the 1[hazardous factory] is to be situated and for the construction or extension of a 2[hazardous factory] shall be made to the Chief Inspector of Factories.

Application for such permission shall be made in Form I which shall be accompanied by the following documents:- 3[(a) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages, list of the raw materials used, intermediate products, including emission of toxic gases, etc. finished products, by-products, their quantities, methods of storage and handling, loading and transport and details of the arrangements for the disposal of trade waste and effluents, the likely hazards and the methods to control or eliminate them.]

(b) Plans in duplicate drawn to scale showing -

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

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

4[Provided that where any inflammable solvent for the extraction of oil from oilcakes, oil seeds or any other material is to be or intended to be used, handled or treated in any manner in any process which may be conducted in any factory such application shall also be accompanied by a no objection certificate in respect of the site of the factory from the local authority concerned and any officer not below the rank of Town Planner in Directorate of Town Planning in charge of the area appointed by the State Government in this behalf.]

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

5[Provided that no such approval shall be given in respect of the site of any factory referred to in the proviso to sub-rule (1) unless the Chief Inspector of Factories and the District Magistrate concerned have personally visited the site of the factory and have approved the same, and in case of any difference of opinion among the authorities regarding the location of the plant the matter shall be referred to the State Government for decision:

1 Subs. by . G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.6.

2 Subs. by . G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.6.

3 Subs. by G.N. dt. 8.2.1988 M.G.G. Part I-L Ext. P.57.

4 Added by G.N., of 24th May, 1969 5 Added by G.N., of 24th May, 1969 86 The Maharashtra Factories Rules, 1963

Provided further that no place shall be disapproved unless the applicant is given an opportunity to be heard and the Chief Inspector or as the case may be the State Government has recorded its reasons in that behalf.]

1[(3) In case of factory other than hazardous factory,- An application for obtaining permission for the site on which the factory is situated and for the construction or extention of a factory shall be made to the Chief Inspector of Factories.

Application for such permission shall be made in Form 1 which shall be accompanied by the following documents:-

(a) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages, list of the raw materials used, intermediate products etc. finished products, by-products, their quantities, methods of storage and handling, loading and transport and details of the arrangements for the disposal of trade waste and effluents, the likely hazards and the methods to control or eliminate them.

(b) Plans in duplicate drawn to scale showing:-

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

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

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

2[3.-A. Certificate of Stability- (1) No manufacturing process shall be carried out in any premises of a factory constructed, reconstructed or extended or in any premises which has been taken into use as a factory or part of a factory until a certificate of stability issued by a competent person in respect of every work of engineering construction in the Form 1-A has been sent by the Occupier of the factory to the Chief Inspector of Factories, and approved by him:

Provided that, for the factories, which are in existence on the date of the notification of these rules, the certificate of stability in Form 1-A, may be sent to the Inspector of Factories within 3 months from the date of notification:

Provided further that no manufacturing process shall be carried out in any premises of a factory unless a fresh certificate of stability in Form 1-A is obtained from a competent person once in each period of 5 years or after extension, alteration, repairs or addition of any work of engineering construction or replacement or addition of machinery, plant, etc., and sent to the Chief Inspector:

1 Added by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.6.

2 Ins. by G.N., dt. 13.3.1984 published in M.G.G. Pt. I-L (Extra) dt. 19.7.84 P.197 The Maharashtra Factories Rules, 1963 87

Provided also that the foregoing provisions are without prejudice to the provision of sections 39 and 40 of the Factories Act.

Explanation (1) - For the purpose of this rule competent person means-

(i) A Member or Associate Member of Institute of Civil Engineers; or

(ii) A Member of Institute of Structural Engineers;

(iii) A Full Member or Associate Member of Institute of Engineers (India), in the branch of Civil Engineering or Structural Engineering;

(iv) A Civil Engineer of Public Works, not below the rank of Executive Engineer.

Explanation (2) - "Work of Engineering Construction" means "any building, tank silo, seafold, platform, chimney, bridge, supporting structural work retaining wall or any similar structure.

1[3-A(2).-In case of a factory other than hazardous factory, a Certificate of Stability in respect of every work of engineering construction in Form 1-A issued by a Competent Person shall be sent by the Occupier of the factory within twelve months from the issuance of license to the Chief Inspector of Factories and approved by him for the factory constructed, re-constructed or extended or any premises which has been taken into use as a factory or part of the factory.]

2[4. Use of premises as a factory.- No occupier shall use any premises as a factory unless-

(1) The plans are got approved from the Chief Inspector of Factories or the Deputy Inspector of Factories as the case may be, in respect of the following items, namely:-

(a) site on which the factory is to be situated;

(b) buildings and extension used for the purposes of manufacturing process;

3[(c) The layout of plant and machinery, including the storages for raw materials and finished products, intermediate by-products];

(d) any changes total or partial in manufacturing processes.

(2) The factory building, extensions, processes, and machinery layout are in conformity with the approved plans;

(3) The conditions subject to which plans are approved are complied with;

(4) A licence is obtained under rule 6 from the Chief Inspector of Factories or renewed under rule 8 by the Deputy Chief Inspector of Factories and the said licence is valid at the relevant time;

Explanation.-For the purposes of this sub-rule a licence shall be deemed to be valid only if,

(a) the fees including additional fees, if necessary, are paid;

(b) the employment of workers for which licence is granted is not exceeded;

4[(5) Necessary Certificates under Rule 22 are obtained];

1 Ins. by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.7.

2 Subs. by G.N., dt. 1.12.1982 published in M.G.G. Pt. I-L dt. 3.2.83 P.699 3 Ins. by G.N. dt. 8.2.1988 M.G.G. Pt.I-L Ext. P.57.

4 Ins. by G.N. dt. 8.2.1988 M.G.G. Pt.I-L Ext. P.57.

88 The Maharashtra Factories Rules, 1963 1[(6) The conditions subject to which the licence is granted or renewed as the case may be are complied with.

5. Application for registration and grant of licence.- (1) The occupier or manager of every factory coming within this scope of this Act after its commencement shall submit to the Chief Inspector an application in triplicate in 2[Form 1] for the registration of the factory 3[and] for the 4[grant of licence therefor for a period not exceeding 5[ten years];

Provided that the occupier or manager of a place to which the provisions of the Act are made applicable by a notification under section 85 of the Act shall submit an application within 30 days of the date of that notification.

(2) Every such application shall be accompanied by a treasury receipt or a cheque or by an Indian Postal Order or an invoice for book adjustment, as the case may be, for payment of the fees prescribed for the purpose as specified by the 6[Schedule below as applicable] 7[with effect from the 1st January 8[2013];- 9[SCHEDULE A] All factories (except Power Generating Stations and Electrical Sub-Stations) FOR SCHEDULE A 1 Renumbered by G.N. dt. 8.2.1988 M.G.G. Pt.I-L, Ext. P.57 2 Subs. by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.7.

3 The words “accompanied by an application in form 3” subs. by G.N. dated 1.9.2010, MGG Pt. I-L, Ext. dt. 1.9.2010 p. 18.

4 Subs. by G.N. of 13.10.1981 5 Subs. by G.N. dt. 30.11.2000, M.G.G. Pt.I-L Ext. dt. 30.11.2000 p.243.

6 Subs. by G.N. dt. 22.5.1984.

7 Subs. by G.N. 21st May, 1986 8 Subs. by G.N. dt. 5.6.2012 MGG Pt.I-L Ext. dt. 5.6.2012.

9 Subs. by G.N. dt. 5.6.2012 MGG Pt.I-L Ext. dt. 5.6.2012.

The Maharashtra Factories Rules, 1963 89 1[SCHEDULE “A” All Factories Maximum Number of persons to be employed on the day during the year Quantity of H.P. Installed (Maximum H.P.)

Up to 9 From 10 to 50 From 51 to 150 From 151 to 250 From 251 to 500 From 501 to 1000 From 1001 to 2500 From 2501 to 4000 From 4001 & above Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.

Nil 350 750 3500 5250 10500 21000 42000 63000 84000 Upto 10 700 2250 7000 10500 15750 31500 63000 84000 105000 Above 10 but not above 50 1050 3750 10500 15750 21000 42000 78750 96250 115500 Above 50 but not above 100 2800 5250 15750 21000 31500 52500 94500 105000 126000 Above 100 but not above 500 6300 10500 31500 42000 52500 78750 105000 126000 147000 Above 500 but not above 1000 12250 22500 42000 57750 68250 105000 126000 147000 168000 Above 1000 but not above 2000 17500 28500 57750 68250 84000 115500 147000 168000 189000 Above 2000 24500 49500 68250 84000 115500 147000 168000 189000 210000 1 Schedule `A’ subs. by G.N. dt. dt. 5.6.2012 MGG Pt.I-L Ext. dt. 5.6.2012.

90 The Maharashtra Factories Rules, 1963 [SCHEDULE B] 1 (Power Generating Stations) General Capacity in Mega Watts Number of Workers Upto 100 From 101 to 500 From 501 to 1000 Over 1000

(1) (2) (3) (4) (5) (Rs.) (Rs.) (Rs.) (Rs.)

Upto 20 M.W. 4200 6300 10500 15750 Over 20 M.W. and upto 50 M.W.

5950 9450 15750 21000 Over 50 M.W. and upto 100 M.W.

8750 12250 21000 26250 Over 100 M.W. and upto 250 M.W.

12250 15750 26250 31500 Over 250 M.W. and upto 500 M.W.

15750 26250 31500 36750 Over 500 M.W. and upto 750 M.W.

24500 24500 36750 42000 Over 750 M.W. and upto 1000 M.W.

24500 28000 42000 52500 Over 1000 M.W. 28000 31500 52500 63000 2[SCHEDULE C]

Provided that -

(i) fees to be charged for the following classes of factories shall, subject to a minimum of rupees five, be half of those specified above, if they do not work for more than 180 days in the aggregate in a calendar year:-

(a) Cotton Ginning and Pressing Factories,

(b) Gur Factories,

(d) Cashewnut Factories,

(e) Groundnut Decorticating Factories,

(f) Rice Mills;

(ii) in the case of other factories working for a part of the year, and commencing work on or after 1st day of July, the fees to be charged for the first time shall, subject to a minimum of rupees five, be half of those specified in the Schedule aforesaid.

3Provided further that, if the period for which the licence is applied for is one year or more but does not exceed 4[ten years] the fees payable therefor per year, shall be at the rates specified in this sub-rule.

5[(3) Where the fees for the grant or renewal of a licence for the year 6[2013] are paid before the 7[1st January 2013] and the fees so paid are less than the fees 1 Subs. by G.N. dt. 4.4.2015, MGG Pt-I-L, Ext. dt. 8.4.2015.

2 Del. by G.N. dt. 4.4.2015, MGG Pt.I-L Ext. dt. 8.4.2015.

3 Added by G.N. of 13.10.1981 4 Subs. by G.N. of 30.11.2000 5 Added by G.N. 31.1.1981 6 Subs. by G.N. dt.5.6.2012, MGG Pt.I-L, Ext. dt. 5.6.2012 7 Subs. by G.N. dt.5.6.2012, MGG Pt.I-L, Ext. dt. 5.6.2012 The Maharashtra Factories Rules, 1963 91 payable in accordance with rates prescribed in the Schedule in sub-rule (2), then the licensee shall pay the difference on or before the 1[31st day of October, 2013.]

If the licensee fails to pay the difference on or before the 2[31st day of October, 2013], he shall be deemed to have paid the fees after the expiry of the due date and an additional fee of 25 per cent, of the difference shall be payable by him.]

3[(4) Where the fees for the grant or renewal of a licence for the year (2016) are paid before the (1st January, 2016) and the fees so paid are less than the fees payable in accordance with rates prescribed in the “Schedule B” in sub-rule (2), then the licensee shall pay the difference on or before the (31st day of October, 2016). If the licensee fails to pay the difference on or before the (31st day of October, 2016), he shall be deemed to have paid the fees after the expiry of the due date and an additional fee of 25 per cent of the difference shall be payable by him.

4[5-A. Application for registration and grant of licence.- The occupier or manager of every factory other than hazardous factories coming within the scope of this Act shall submit to the Chief Inspector, an application in “Form 1” for the registration of the factory and for the grant of licence therefor for a period not exceeding ten year, accompanied by a plan of the factory not necessary to scale showing clearly all the emergency exits with dimensions and a self declaration stating that conditions mentioned in the licence will be complied within stipulated period.]

6. Grant of licence.- (1) The Chief Inspector may, on application being made to him under sub-rule (1) of rule 5 and on payment of the fees prescribed in subrule (2) of that rule and on being satisfied that there is no objection to the grant of licence applied for, register the factory and grant a licence in Form 4, to the applicant to use as factory such premises as are specified in the application and subject to compliance with such conditions as are specified in the licence:

Provided that, subject to the provision of sub-section (3) of section 6, the Chief Inspector may refuse to register the factory and grant a licence 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, and

(b) for the construction or extension of the factory;

(ii) that the plans so submitted have not been approved by the Chief Inspector;

(iii) that the factory has not been constructed in accordance with the plans approved by the Chief Inspector or in compliance with the conditions subject to which the plans are provided;

(iv) that material requirement of the relevant provisions specified in Schedules to rule 114 in relation to the factory concerned have not been complied with; or

(v) that there is imminent danger to life in the factory due to explosive or inflammable dust, gas or fumes, and effective measures in his opinion have not been taken to remove the danger.

1 Subs. by G.N. dt.5.6.2012, MGG Pt.I-L, Ext. dt. 5.6.2012 2 Subs. by G.N. dt.5.6.2012, MGG Pt.I-L, Ext. dt. 5.6.2012 3 Ins. by G.N. dt. 4.4.2015, MGG Pt.I-L Ext. dt. 8.4.2015.

4 Ins. by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.7.

92 The Maharashtra Factories Rules, 1963 1[(vi) that the details of the raw materials, intermediate products, finished products, quantities, methods of storages, hazards, safety measures, arrangements for trade-waste and effluents, the likely hazards and the methods to disposal etc., have not been furnished.]

(2) Subject to the provisions hereinafter contained with respect to 2[suspension] 3[and revocation] and unless earlier renewed under rule 8 every such licence shall remain in force until the 31st day of December next following and shall then expire.

4[6-A. Grant of licence.- The Chief Inspector may, on application being made to him under rule 5-A and on payment of fees prescribed in sub-rule (2) of Rule 5 thereof and on being satisfied that there is no objection to the grant of licence applied for, register the factory and issue a licence in Form 4, within seven working days to the applicant to use as a factory such a premises as are specified in application and subject to compliance with following conditions as are specified in the licence,-

(i) The plan of factory shall be got approved as per rule 3(3).

(ii) The conditions subject to which the plans are approved shall be complied with.

(iii) The Certificate of Stability in respect of every work of engineering construction shall be obtained from competent person as per rule 3-A(2).

(iv) Condition subject to which license is issued shall be complied within a period of twelve months from the date of issuance.

(v) If after the expiry of the period of twelve months mentioned in clause (iv) the Chief Inspector is satisfied that, there is a breach of any terms and conditions mentioned in the licence, he may suspend or revoke the licence after giving a reasonable opportunity of being heard:

Provided that, if any fatal accident or dangerous occurrence took place within a period of twelve months from the date of issue of licence, the licence shall be revoked forthwith.]

7. Amendment of licence.- (1) A licence granted under rule 6 may be amended by the Chief Inspector 5[or Deputy Chief Inspector authorised by the State Government in this behalf.]

(2) A licensee shall be required to have his licence amended if there is change in the name of the factory 6[or in the site on which the factory is situated] or if the factory for which the licence is granted exceeds the limits specified in the licence in regard to horse-power or the number of persons employed. The licensee whose licence is required to be amended shall submit it to the Chief Inspector 7[or the Deputy Chief Inspector authorised under sub-rule (1)] with an application stating the nature of the amendment and reasons thereof:

1 Ins. by G.N. of 8.2.1988 2 Subs. by G.N. of 30th Sept., 1965 3 Ins. by G.N. of 13th October 1981 4 Added by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.7.

5 Ins. by G.N. of 23rd August, 1969 6 Ins. by G.N. of 24th July, 1964 7 Ins. by G.N. of 23rd August, 1969 The Maharashtra Factories Rules, 1963 93

Provided that no amendment of the licence shall be necessary in respect of changes in the number of workers or horse-power or both unless such changes involve higher licence or renewal fee.

(3) Where a licence is required to be amended under sub-rule(2) the fee to be paid for such amendment shall be equal to the difference between the licence or renewal fees due on the basis of the higher number of workers and horse-power and the fees for the grant of licence or renewal thereof already paid for the year or part thereof.

1[(4)(i) A licensee granted under Rule 6-A to the factory other than hazardous factory may be amended by Chief Inspector or Deputy Chief Inspector authorized by the State Government in this behalf.

(ii) A licence shall be required to have his licence amended if there is change in the name of the factory or in the site on which the factory is situated or if the factory which the licence is granted exceed the limits specified in the licence in regard to horse power or the number of persons employed. The licensee whose licence is required to be amended shall submit it to the Chief Inspector or Deputy Chief Inspector authorized by the State Government in this behalf with an application stating the nature of amendment and reasons thereof.]

8. Renewal of licence.-(1) An application for the renewal of licence 2[for a period not exceeding 3[ten years] shall be made to Chief Inspector 4[or the Deputy Chief Inspector authorised by the State Government in this behalf] 5[in Form 1] accompanied by a treasury receipt or 6[Demand Draft or Electronic Payment] or by an Indian Postal Order or an invoice for book adjustment, as the case may be, for payment of the fees specified in the Schedule attached to rule 5, so as to reach him not later than two months before the date on which the licence is due to expire:

Provided that where a factory commences work on or after the 1st day of November in any year, application for renewal of the licence shall be made on or before the 1st day of January next following.

7[(2)(a) On receipt of the application under sub-rule (1), the Chief Inspector or the Deputy Chief Inspector authorised under sub-rule (1), may, if he is satisfied that there is no objection to the renewal of the licence, renew the same for a period not exceeding 8[ten] years or may, after recording his reasons, refuse the renewal thereof on any of the grounds specified in the proviso to sub-rule (1) of rule 6.

(b) The Chief Inspector may also refuse the renewal of the licence on the ground that the applicant has been guilty of repeated contraventions of the provisions of the Act or these rules or both, or the applicant has obtained the licence by fraud or by misrepresentation:

1 Added by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.8.

2 Ins. by G.N. of 13th October, 1981 3 Subs. by G.N. dt. 30.11.2000, M.G.G. Pt.I-L,Ext. dt. 30.11..2000 4 Ins. by G.N. of 23rd August, 1969 5 The words “in form 2 ” replaced by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.8.

6 The word “a cheque” replaced by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.8.

7 Subs. by G.N. of 24th July, 1964 8 Subs. by M.G.G. Pt.I-L,Ext. dt. 30.11.2000 94 The Maharashtra Factories Rules, 1963

Provided that, in any case falling under clause (a) or (b) before refusing any licence, applicant shall be given an opportunity to show cause why the licence should not be refused:

1Provided further that if the period for which the renewal of licence is applied is one year or more but does not exceed 2[ten years], the fees payable under this sub-rule therefor per year, shall be at the rates specified in the Schedule attached to rule 5:

3Provided also that where the application for the renewal of the licence is made after the expiry of the due date specified in this sub-rule, the additional graded fees at the percentage of the fees payable for the renewal of the licence specified in column 2 of the Schedule hereto shall be payable for such renewal of the licence for the period of delay specified in column 1 of that Schedule.

SCHEDULE Period of delay % of fees Period of delay % of fees Upto one month 5% Upto two months 10% Upto three months 15% Upto four months 20% Upto five months and above 25% 4[(3) Renewal of licence,- The Chief Inspector shall not renew the licence, issued to the factory other than Hazardous factory unless all the conditions subject to which the license was issued have been complied with.

5[8-A. In calculating the amount of fee payable under these rules, the fraction of a rupee less than fifty paise shall be ignored and the fraction of a rupee of fifty paise and exceeding fifty naye paise shall be rounded off upto the next complete rupee.]

9. When licence deemed to be granted or renewed-6[Where an application for grant or renewal of licence is duly made in accordance with these rules and if no licence has been issued or renewed within a period of four months, the factory in respect of which the licence is to be granted or renewed shall be deemed to be duly licenced.]

7[Provided that in respect of application for grant or renewal of licence which has already been refused, if it is made again, the factory in respect of which it is made, shall not be deemed to be licensed until the licence is actually granted or renewed.]

Explanation-For the purpose of this rule, an application for the grant or renewal of a licence shall be deemed to have been duly made only if it is in the prescribed form and is filled in with all relevant particulars and further is accompanied by a 1 Ins. by G.N. of 13th Oct, 1981 2 Subs. by G.N.. dt. 30.11.2000 MGG. Pt.I-L, Ext. dt. 30.11.2000 3 Subs. by G.N. of 13.3.1985 MGG Pt.I-L, Ext. P.98.

4 Added by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.8.

5 Ins. by G.N. of 3.9.1988 MGG Pt.I-L, Ext. P.341 6 Subs . by G.N. dt. 4th August, 1998 7 Ins. by G.N. dt. 26.7.1991 p. 300 The Maharashtra Factories Rules, 1963 95 treasury receipt 1[or Demand Draft or Electronic Payment] or an invoice for book adjustment, as the case may be, for payment of the fees in accordance with the Schedule annexed to rule 5.

2[Provided further that, in case of the factory other than hazardous factory, where an application for grant or renewal of license is duly made in accordance with these rules and if no license has been issued or renewed within a period of seven working days, the factory in respect of which the license is to be granted or renewed shall be deemed to be duly licensed.]

3[9-A. Revocation of licence.-The Chief Inspector or the Deputy Chief Inspector authorised under sub-rule (1) of rule 8 may, at any time before the expiry of the period for which the licence has been granted or renewed, revoke the licence on any of the grounds specified in the proviso to sub-rule (1) of rule 6 or in clause (b) of sub-rule (2) of rule 8:

Provided that before revoking any licence, the licensee shall be given an opportunity to show cause why the licence should not be revoked.

10. Procedure on death or disability of licensee- If a licensee dies or becomes insolvent, the person carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence under rule 7 in his own name for the unexpired portion of the original licence.

11. Loss of licence.-(1) Where a licence granted under these rules is lost or destroyed a duplicate thereof may be granted on payment of a fee of 4[rupees five hundred].

(2) The Chief Inspector may require a licensee to obtain a duplicate licence on payment of 5[rupees five hundred] if the original licence is defaced or spoiled:

Provided that, the Chief Inspector may issue a duplicate licence without charge if he is satisfied that there are good and sufficient reasons for doing so.

12. Mode of payment of fees.-6[(1) The occupier of every factory shall pay the fees prescribed under these rules electronically:

Provided that, in the case of a Government factory, the payment of the appropriate amount of fees shall be made in the same manner as payments of amounts due by one Government department to another are ordinarily made.]

(2) If an application for the grant, renewal or amendment of a licence is rejected, the fee paid shall be refunded to the applicant.

(3) Where such application is granted, any amount paid by the applicant in excess of the prescribed fee shall be refundable only after the expiry of one year from the date of such grant or the same may be adjusted against payment of any fees due for the next succeeding year.

1 The words “or a Cheque” subs. by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.8.

2 Added by G.N. dt. 28.9.2015 MGG Pt.I-l Ext. P.8.

3 Ins. by G.N. of 13th Oct. 1981 4 Subs. by G.N. dt. 4.4.2015, MGG Pt.I-L Ext. dt. 8.4.2015 p.4.

5 Subs. by G.N. dt. 4.4.2015, MGG Pt.I-L Ext. dt. 8.4.2015 p.4.

6 Subs. by Mah. Factories (Amendment) Rules, 2012 dated 3.1.2012 (w.e.f. 3.1.2012) 96 The Maharashtra Factories Rules, 1963

13.1[Suspension of licence on request of licensee].-(1) If before the 31st October of any year an occupier notifies his intention in writing to the Chief Inspector or the Deputy Chief Inspector authorised by the State Government in this behalf that during the following year the premises in respect of which licence is issued will not be used for the working of the factory, the Chief Inspector 2[or the Deputy Chief Inspector so authorised] may suspend the licence granted in respect of such factory.

(2) A licence suspended under sub-rule (1) may be on receipt of an application for renewal in 3[Form 1], accompanied by the licence, for the remaining part of the year, on payment of surcharge of 10 per cent in addition to the fees specified in these rules.

Form prescribed under sub-section (1) of section 7

14. Notice of occupation.- The notice of occupation shall be in 4[Form 1.]

15. Notice of change of Manager.-Notice of change of Manager shall be in Form 5.

CHAPTER II The Inspecting staff Rule prescribed under sub-section (1) of section 8

16. Appointment of Inspectors.- No person shall be appointed as Inspector for the purposes of the Act, unless he possesses the qualification prescribed for such Inspectors in the Bombay Civil Services Classification and Recruitment Rules at the time of his appointment.

Rules prescribed under section 9

17. Powers of Inspectors.-An Inspector shall, for the purpose of the execution of the Act, have power to do all or any of the following things that is to say:-

(a) 5[to photograph 6[or to video record] any worker, occupier, manager, any person in managerial or supervisory capacity and] to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any building or room, any plant, machinery, appliance or apparatus; any register or document or anything provided for the purpose of securing the health, safety or welfare of the workers employed in the factory;

(b) in the case of a Inspector who is duly qualified medical practitioner to carry out such medical examinations as may be necessary for the purposes of his duties under the Act;

(c) to prosecute, conduct or defend before a Court any complaint, or other proceeding arising under the Act or in discharge of his duties as an Inspector:

1 Subs. by G.N. of 30th Sept. 1965 2 Ins. by G.N. of 23rd Aug., 1969 3 The words “Form 2” subs. by G.N. dt. 28.9.2015, MGG Pt.I-L Ext. p.8.

4 The words “Form 2” subs. by G.N. dt. 28.9.2015, MGG Pt.I-L Ext. p.8.

5 The words “to photograph any worker” subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt.1.9.2010 p.18 6 Subs. by G.N. dt. 4.4.2015, MGG Pt.I-L Ext. dt. 8.4.2015.

The Maharashtra Factories Rules, 1963 97

Provided that the powers of the District Magistrates and such other public officers as are appointed to be Additional Inspectors shall, unless otherwise expressly provided in the notification under sub-section (5) of section 8, be limited to the inspection of factories in respect of the following matters, namely:- Cleanliness (section II), Over-crowding (section 16), Lighting (section 17), Drinking water (section 18), latrines and urinals (Section 19), Spitoons (section 20), Precautions in the case of fire (section 38), Welfare (Chapter V), Working hours of adults (Chapter VI-except the power of exemption under the proviso to section 62), Employment of young persons (Chapter VII), Leave with wages (Chapter VIII) and Display of Notice (section 108):

Provided further that-

(i) the District Magistrate shall not pass any original orders or remarks under sections 11, 17 and 38 of the Act but shall limit and confine his orders or remarks under those sections to the points to which the full-time Inspector of factories had already directed the attention of manager or occupier of the factory, as the case may be,

(ii) all Additional Inspectors except District Magistrates shall report the defects found and remedies suggested for enforcing compliance with requirements of sections referred to above, to the Chief Inspector who shall pass final orders in each case.

Rule prescribed under sub-section (4) of section 10

18. Duties of Certifying Surgeon.-(1) For purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the managers of factories situated within the local limits assigned to him.

(2) The Certifying Surgeon shall issue his certificates in Form 6. The foil and counterfoil shall be filled in and the left thumb-mark of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and on the fitness of the person examined he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under section 69. All counterfoils shall be kept by the Certifying Surgeon for a period of at least two years after the issue of the certificate.

(3) If a certificate of fitness issued to a young person is lost, on receipt of application for the grant of duplicate, the Certifying Surgeon, after making such inquiries as he deems fit, may grant a duplicate thereof. Such application shall be forwarded through the occupier of the factory where the young person is employed.

(4) (a)1[A fee of rupees ten] shall be payable for the issue of every certificate of fitness issued under sub-rule (2) and shall be paid by the occupier.

(b) 2[A fee of rupees two] shall be payable for the issue of every duplicate of a certificate issued under sub-rule (2) and shall be paid by the occupier.

1 Subs.by G.N. of 1.8.1984 MGG Pt.I-L Ext P.272 2 Subs. by G.N. of 1.8.1984 MGG Pt.I-L Ext. P.272 98 The Maharashtra Factories Rules, 1963

(5) The Certifying Surgeon shall, upon request by the Chief Inspector, carry out such examination and furnish him with such report as he may indicate for any factory or class or description of factories where-

(a) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing therein, or

(b) by reason of any change in the manufacturing process carried or in the substances used therein, or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process, or

(6) For the purpose of the examination of persons employed in processes covered by the Rules relating to dangerous operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the Rules relating to such dangerous operations.

(7) At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the result of his examination in a register known as the Health Register in Form 7 which shall be kept by the factory manager and produced to the Certifying Surgeon at each visit.

(8) If the Certifying Surgeon finds as a result of his examination that any person employed in such process in no longer fit for medical reasons to work in that process, he shall suspend such person from working in that process for such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.

(9) The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or is likely to be employed.

(10) 1[xxxxx]

CHAPTER III Health Exemptions under sub-section (2) of section II 2[18-A. Medical examination of workers. All the workers in a factory shall be medically examined once in a year by a Certifying Surgeon appointed or recognized by the Government under section 10 of the Act.]

19. Cleanliness of walls and ceilings.-(1)Clause (d) of sub- section (1) of section 11 of the Act shall not apply to the class or description of the factories or parts of factories specified in the Schedule hereto:

Provided that they are kept in a clean state by washing, sweeping, brushing, dusting, vacuum-cleaning or other effective means:

Provided further that the said clause (d) shall continue to apply-

(i) as respect factories or parts of factories specified in Part A of the said Schedule, to work-rooms in which amount of cubic space allowed for every person employed in the room is less than 15 cu. metres;

1 Sub-rule del. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt.1.9.2010 p.19 2 Ins. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt.1.9.2010 p.18 The Maharashtra Factories Rules, 1963 99

(ii) as respects factories or parts of factories specified in Part B of the said Schedule, to work-rooms in which the amount of cubic space allowed for every person employed in the room is less than 15 cu. metres;

(iii) to engine-houses, fitting-shops, lunch-rooms, canteens, shelters, creches, cloak rooms, rest rooms and wash-places; and

(iv) to such parts of walls, sides and tops of passages and staircases as are less than six metres above the floor stair.

(2) If it appears to the Chief Inspector that any part of a factory, to which by virtue of sub-rule (1) any of the provisions of the said clause (d) do not apply, or apply as varied by sub-rule (1), is not to being kept in a clean state he may by written notice require the occupier to white-wash or colour-wash, wash, paint or varnish the same and in the event of the occupier failing to comply with such requisition within two months from the date of the notice, sub-rule (1) shall cease to apply to such part of factory, unless the Chief Inspector otherwise determines.

SCHEDULE Part A Blast furnaces.

Brick and tile works in which unglazed bricks or tiles are made.

Cement works.

Chemical works.

Copper mills.

Gas works.

Iron and steel mills.

Stone, slate and marble works.

The following parts of factories:- Rooms used only for the storage of articles.

Rooms in which the walls or ceiling consist of galvanised iron, glazed bricks, glass, slate, asbestos, bamboo, thatch.

Parts in which dense steam is continuously evolved in the process Parts in which pitch, tar or like material is manufactured or is used to a substantial extent, except in brush works. The parts of a glass factory known as the glass house.

Rooms in which graphite is manufactured or is used to a substantial extent in any process.

Parts in which coal, coke, oxide or iron, ochre, lime or stone is crushed or ground.

Parts of walls, particulars, ceilings or tops of rooms which are at least seven meters above the floor.

Ceilings or tops of rooms in print works, bleach works, or dye work with the exception of finishing rooms or warehouses.

Inside walls of oil mills below a height of 1.5 metres from the ground floor level.

Inside walls in tanneries below a height of 1.5 metres from the ground floor level where a wet process is carried on.

Part B Coach and motor body works. Foundries other than foundries in Electric generating or transforming stations. which brass casting is carried on.

Engineering works. Gur Factories.

Factories in which sugar is refined or manufactured. Ship-building works.

Those parts of factories where unpainted or unvarnished wood is manufactured.

100 The Maharashtra Factories Rules, 1963 Register prescribed under sub-section (1) of section 11

20. Record of white-washing, etc.- The record of dates on which whitewashing, colour-washing,varnishing, etc., are carried out shall be entered in a Register maintained in Form 8.

Rule prescribed under sub-section (1) of section 11 and section 12

21. Compound to be kept clean.-The compound surrounding every factory shall be maintained in a sanitary and clean condition free of rubbish,filth or debris.

Rule prescribed under sub-section (2) of section 12

22. Disposal of trade waste and effluents.-(1) In the case of a factory where the drainage system is proposed to be connected to the public sewerage system, prior approval of the arrangements made shall be obtained from the Local Authority.

1[(2) For the areas notified under Water (Prevention and Control of Pollution) Act, (6 of 1974) necessary approval to arrangements made for the treatment and disposal of all types of trade-waste and effluents shall be obtained from Maharashtra Water (Prevention and Control of Pollution) Board, constituted under that Act.]

2[3] In the case of factories other than those mentioned in sub-rule (1) prior approval of the arrangements made for the disposal of trade-wastes and, effluents shall be obtained from the Health Officer.

Rule 22-A Prescribed under sub-section (2) of section 13 3[22-A. Ventilation and temperature.-(1) Limits of temperature and air movement.- In any factory the maximum wet-bulb temperature of air in a workroom at a height of 1.5 metres above the floor level shall not exceed 30oC and adequate air movement of at least 30 meters per minute shall be provided; and in relation to dry-bulb temperature, the wet-bulb temperature in the work-room at the said height shall not exceed more than that shown in the Schedule hereto, or as regards a dry-bulb reading intermediate between the two dry-bulb readings, that specified in relation to the highter of these two dry bulb readings:

SCHEDULE Dry bulb temperature Wet Bulb temperature 30oC to 34oC 29oC 35oC to 39oC 28.5oC 40oC to 44oC 28oC 45oC to 47oC 27.5oC

Provided that if the temperature measured with a thermometer inserted in a hollow globe of 15 centimeters diameter coated mat black outside and kept in the environment for not less than 20 minutes, exceeds the dry-bulb temperature of air, the temperature so recorded by the globe thermometer shall be taken in place of the dry-bulb temperature:

Provided further that when the reading of the wet-bulb temperature outside in the shade exceeds 27oC, the value of the wet-bulb temperature allowed in the 1 Ins. and renumbered by G.N. dt. 8.2.1988 2 Renumbered by G.N. dt. 8.2.1988 3 Added by G.N. of 15.10.1984 The Maharashtra Factories Rules, 1963 101 schedule for a given dry-bulb temperature may be correspondingly exceeded to the same extent:

Provided further that this requirement shall not apply in respect of factories covered by section 15 of the Act and in respect of factories where the nature of work carried on involves production of excessively high temperature referred to in clause (ii) of sub-section (i) of section 13 to which workers are exposed for short periods of time not exceeding one hour followed by an interval of sufficient duration in thermal environments not exceeding those otherwise laid down in the rule:

Provided also that the Chief Inspector, having due regards to the health of the workers, may in special and exceptional circumstances, by an order in writing exempt any factory or part of a factory from the foregoing requirements; subject to such conditions as he may specify.

(2) Provision of thermometers.-(a) If it appears to the Inspector that in any factory, the temperature of air in a work-room is sufficiently high and is likely to exceed the limits prescribed in sub-rule (1), he may serve on the factory manager an order in writing requiring him to provide sufficient number of whirling hygrometers or any other type of hygrometers and direct that the dry-bulb and wet-bulb reading in each such work-room shall be recorded at such positions and at such intervals, as approved by the Inspector, by a person specially nominated for the purpose by the manager and approved by the Inspector.

(b) If the Inspector has reason to believe that a substantial amount of heat is added inside the environment of a work-room by radiation from walls, roof or other surroundings, he may serve on the factory manager an order requiring him to provide one or more globe thermometers referred to in the first proviso in subrule (1) and further requiring him to place the globe thermometers at places specified by him and keep a record of the temperature in a register showing the spots, the timings and the temperature observed.

(3)(a) In every factory the number of ventilation openings in the work-room below the caves shall, except where mechanical means of ventilation as required by sub-clause (b) below are provided be of an aggregate area of not less than 15 per cent of the floor area and so located as to afford a continued supply of fresh air:

Provided that out of this total ventilation area, ventilation opening equivalent to at least 10 per cent of the floor area shall, be located at not more than one meter sill level height from the floor level:

Provided further that the Chief Inspector may relax the requirements regarding the amount of ventilation openings if he is satisfied that having regard to the location of the factory, orientation of the work-room, prevailing winds, roof height and nature of manufacturing process carried on, sufficient supply of fresh air into the work-room is afforded during most of the working time:

Provided also that this requirement shall not apply in respect of work-rooms of factories which are covered by section 15 of the Act, or in which temperature and humidity are controlled by refrigeration or air-conditioning or both.

(b) Where in any factory due to special circumstances such as situation with respect to adjacent building or internal obstructions like partitions etc. the height of the building or floor space, the requirements of ventilation openings under clause(a) cannot be complied with for any work-room or where the span of workroom, having necessary ventilation openings exceeds 18 metres or where any 102 The Maharashtra Factories Rules, 1963 work place is at a distance exceeding 9 metres from a ventilation opening at working level or in the opinion of the Inspector the temperature of air in a workroom is sufficiently high and is likely to exceed the limits prescribed in sub-rule (1), additional ventilation by mechanical means shall be provided.

(c) The amount of fresh air supplied by mechanical means of ventilation in an hour shall be equivalent to at least six times the cubic capacity of the work-room and shall be distributed evenly throughout the work-room without dead air-pockets or undue draughts caused by high inlet velocities.

(d) In regions where in summer (15th March-15th July) dry bulb temperatures of outside air in the shade during most part of the day exceed 35oC and simultaneous wet bulb temperature are 25oC or below and in the opinion of the Inspector the manufacturing process carried on in the work-room of factory permits thermal environments with relative humidity of 5 per cent or more, the Inspector may serve on the factory manager an order to have sufficient supply of outside air for ventilation cooled by passing it through water sprays either by means of unit type of evaporative air coolers (desert coolers) or, where supply of outside air is provided by mechanical means through ducts in a plenum system, by means of central air washing plants.]

Rules 23 to 33 prescribed under sub-section (1) of section 15

23. When artificial humidification not allowed.-There shall be no artificial humidification in any room of a cotton spinning or weaving factory-

(a) by the use of steam during any period when the dry bulb temperature of that room exceeds 85 degrees:

(b) at any time when the wet bulb reading of the hygrometer is higher than that specified in the following Schedule in relation to the dry bulb reading of the hygrometer at that time; or as regards a dry bulb reading intermediate between any two dry bulb readings indicated consecutively in the Schedule when the dry bulb reading does not exceed the wet bulb reading to the extent indicated in relation to the lower or of these two dry bulb readings:- Dry bulb Wet bulb Dry bulb Wet bulb Dry bulb Wet bulb

60.0 58.0 77.0 75.0 94.0 86.0

61.0 59.0 78.0 76.0 95.0 87.0

62.0 60.0 79.0 77.0 96.0 87.5

63.0 61.0 80.0 78.0 97.0 88.0

64.0 62.0 81.0 79.0 98.0 88.5

65.0 63.0 82.0 80.0 99.0 89.0

66.0 64.0 83.0 80.5 100.0 89.5

67.0 65.0 84.0 81.0 101.0 90.0

68.0 66.0 85.0 82.0 102.0 90.0

69.0 67.0 86.2 82.5 103.0 90.5

70.0 68.0 87.0 83.0 104.0 90.5

71.0 69.0 88.0 83.5 105.0 91.0

72.0 70.0 89.0 84.0 106.0 91.0

73.0 71.0 90.0 84.5 107.0 91.5

74.0 72.0 91.0 85.0 108.0 91.5

75.0 73.0 92.0 85.5 109.0 92.0

76.0 74.0 93.0 86.0 110.0 92.0 The Maharashtra Factories Rules, 1963 103

Provided, however, that clause (b) shall not apply when the difference between the wet bulb temperature as indicated by the hygrometer in the department concerned and the wet bulb temperature taken with a hygrometer outside in the shade is less than 3.5 degrees.

24. Provisions of Hygrometer.- In all departments of cotton spinning and weaving mills wherein artificial humidification is adopted, hygrometers shall be provided and maintained in such position as are approved by the Inspector. The number of hygrometers shall be regulated according to the following scale:-

(a) Weaving department.-One hygrometer for departments with less than 500 looms, and one additional hygrometer for every 500 or part of 500 looms, in excess of 500.

(b) Other departments.-One hygrometer for each room of less than 8,500 cu.

meters capacity and one extra hygrometer for each 5,600 cu. metres or part thereof, in excess of this.

(c) One additional hygrometer shall be provided and maintained outside each cotton spinning and weaving factory wherein artificial humidification is adopted, and in a position approved by the inspector, for taking hygrometer shade readings.

25. Exemption from maintenance of hygrometers.-When the inspector is satisfied that the limits of humidity allowed by the Schedule to rule 23 are never exceeded, he may, for any department other than the weaving department grant exemption from the maintenance of the hygrometer. The Inspector shall record such exemption in writing.

26. Copy of Schedule to rule 23 to be affixed near every hygrometer.-A legible copy of the schedule to rule 23 shall be affixed near each hygrometer.

27. Temperature to be recorded at each hygrometer.-At each hygrometer maintained in accordance with rule 24; correct wet and dry bulb temperatures shall be recorded daily during working hours, except intervals for rest, by competent persons nominated by the Manager and approved by the Inspector.

The temperature shall be taken between 7 a.m./p.m. and 9 a.m./p.m. between 11 a.m./p.m. and 2 p.m./a.m. and between 4 p.m./a.m. and 5.30 p.m./a.m. if the factory is working during these hours. In exceptional circumstances such additional readings and between such hours, as the Inspector may specify, shall be taken. The temperatures shall be entered in a Humidity Register in Form 9 maintained in the factory. At the end of each month, the persons who have taken the readings, shall sign the Register and certify the correctness of the entries. The Register shall always be available for inspection by the Inspector.

28. Specifications of hygrometer.-(1) Each hygrometer shall comprise two mercurial thermometers of wet bulb and dry bulb of similar construction and equal in dimensions, scale and divisionals of scale. They shall be mounted on a frame with a suitable reservoir containing water.

(2) The wet bulb shall be closely covered with a single layer of muslin kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose clean and free from size or grease.

104 The Maharashtra Factories Rules, 1963

(3) No part of the wet bulb shall be within 75 mms. from the dry bulb or less than 25 mms. from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from the dry bulb.

(4) The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the aid of the room.

(5) The bores of the stems shall be such that the position of the top of the mercury column shall be really distinguishable at a distance of 60 cms.

(6) Each thermometer shall be graduated so that accurate readings may be taken between 50 and 120 degrees.

(7) Every degree from 50 degrees up to 120 degrees shall be clearly marked by horizontal lines on the stem, each fifth and tenth degree shall be marked by longer marks than the intermediate degrees and the temperature marked opposite each tenth degree, i.e. 50, 60, 70, 80, 90, 100, 110 and 120.

(8) The markings as above shall be accurate, that is to say, at no temperature between 50 and 120 degrees shall the indicated readings be in error by more than two tenths of a degree.

(9) A distinctive number shall be indelibly marked upon the thermometer.

(10) The accuracy of each thermometer shall be certified by the National Physical Laboratory, London, or some Competent Authority appointed by the Chief Inspector and such certificate shall be attached to the Humidity Register.

29. Thermometers to be maintained in efficient order.-Each thermometer shall be maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular-

(a) the wick and the muslin covering of the wet tube shall be renewed once a week;

(b) the reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may direct the use of distilled water or pure rain water in any particular mills in certain localities;

30. An inaccurate thermometer not to be used without fresh certificate.-If an Inspector gives notice in writing that a thermometer is not accurate it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been re-examined as prescribed and a fresh certificate obtained which certificate shall be kept attached to the Humidity Register.

31. Hygrometer not to be affixed to wall, etc., unless protected by wood.-

(1) No hygrometer shall be affixed to a wall, pillar or other surface unless protected therefrom by wood or other non-conducting material at least half an inch in thickness and distant at least one inch from the bulb of each thermometer.

(2) No hygrometer shall be fixed at a height of more than 170 centimetres from the floor to the top of thermometer stem or in the direct droughts from a fan, window or ventilating opening.

32. No reading to be taken within 15 minutes of renewal of water.-No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in the reservoir.

The Maharashtra Factories Rules, 1963 105

33. How to introduce steam for humidification.- In any room in which steam pipes are used for the introduction of steam for the purposes of artificial humidification of the air the following provision shall apply:-

(a) The diameter of such pipes shall not exceed 5 mm. and in the case of pipes installed after 1st day of January 1950 the diameter shall not exceed 25 mm.

(b) Such pipes shall be as short as is reasonably practicable.

(c) All hangers supporting such pipes shall be separated from the bare pipes by an efficient insulator not less than 15 mm. in thickness.

(d) No uncovered jet from such pipes shall project more than 100 mm. beyond the outer surface of any cover.

(e) The steam pressure shall be as low as practicable and shall not exceed 5 kgs. per square centimetre.

(f) The pipes employed for the introduction of steam into the air in a department shall be effectively covered, with such non-conducting material as may be approved by the Inspector.

Rules 34 to 38 prescribed under sub-section (4) of section 17

34. 1[xxxxxx] 2[35. Standards of lighting of factories.-(i) In every factory, where natural lighting is not such that day light conditions are fairly uniform over the working or other areas and/or daylight illumination is not sufficient, additional lighting, which shall be of uniform level, widely distributed to avoid hard shadows or strong contrast and free from direct or reflected glare, shall be provided. The minimum intensity of illumination for the different areas and work-rooms of the type given under column No.2 shall be as given under column No.3 of the Schedule `A' appended hereto;

(ii) Notwithstanding the above, in every factory, where intense local lighting is further necessary on account of the nature of work as mentioned in the column No.2 of the Schedule `B' appended hereto, the same shall be obtained by a combination of general lighting and supplementary lighting at the point of work.

The minimum intensity of illumination for different tasks shall be as given under column No.4 of the said schedule.

(iii) 3[xxxxx]

(iv) 4[xxxxx] 1 Rule 34 del. by G.N. dt 29.5.1976 2 Rule 35 subs. by ibid 29.5.1976.

3 Sub-rule (iii) del. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dated 1.9.2010 p.18.

4 Sub-rule (iv) del. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dated 1.9.2010 p.18.

106 The Maharashtra Factories Rules, 1963

SCHEDULE `A' Sl.

No.

Area and Work-room Minimum intensity of illumination in Lux

1. Stock-yards, main entrance and exit roads, cat-walks of outdoor plants, coal unloading and storage areas.

2. Passage-ways, and corridors and stair-ways, warehouses, stock-rooms for large and bulky materials, platforms of outdoor plants, basements.

3. Engine and boiler rooms, passengers and freight elevators, conveyers crating and boxing department, store-rooms and stock-rooms for medium and fine materials, lockers rooms, toilet and wash rooms.

100

SCHEDULE ‘B’ Sl.No. Nature of Work Examples Minimum intensity of illumination in Lux

1. Where discrimination of details is not essential.

Handling of material of coarse nature, rough sorting, grinding of clay products, handling coal or ashes.

2. Where slight discrimination of detail is essential Production of semi-finished iron and steel products, rough assembling, milling of grains, opening, carding, drawing, slubbing, roving, spinning, (ordinary) counts of cotton.

100

3. Where moderate discrimination of detail is essential.

Medium assembling, rough bench work and machine work, Inspection and testing of products, canning, sawing venering, planning of lumber sewing of light coloured textiles and leather products, weaving light thread, wraping slashing doubling (fancy) spinning fine counts.

200

4. Where close discrimination of detail is essential Medium bench and machine work fine testing, flour grading, leather finishing, weaving cotton goods, or light coloured woollen goods, welding sub-assembly, drilling, rivetting, book-binding and folding.

300

5. Where discrimination of fine detail is involved under a fair degree of contract for long periods of time.

Fine assembling, fine bench and machine work, fine inspection, fine polishing and bevelling of glass, fine wood working, weaving dark coloured woollen goods.

500

6. Where discrimination of extremely fine detail is involved under conditions of extremely poor contrast for long period of time.

Extra fine assembling, extra fine inspection, testing of extra fine instruments, jewellery and watch manufacturing, grading and working of tobacco products, dark cloth hand tailoring, final perching in dye works, make-up and proof reading in printing plants.

1000 The Maharashtra Factories Rules, 1963 107

36. Prevention of glare.-(1) Where any source of artificial light in the factory is less than five metres above floor level, no part of the light source or of the lighting fitting having a brightness greater than 5 lamberts shall be visible to persons whilst normally employed within 30 meters of the source except where the angle of elevation from the eye to the source or part of the fitting, as the case may be, exceeds 20.

(2) Any local light, that is to say, an artificial light designed to illuminate particularly the area or part of the area of work of a single operative or small group of operatives working near each other, shall be provided with a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every person employed at a normal working place, or shall be so placed that no such person is exposed to glare therefrom.

37. Power of Chief Inspector to exempt.- Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of workroom or process that any requirement of1[rules 35 and 36] is inappropriate or is not reasonably practicable, he may by order in writing exempt the factory or part thereof, or description of workroom or process from such requirement to such extent and subject to such conditions as he may specify.

2[38. Exemption from rule 35.-Nothing in rule 35 shall apply to the parts of factories specified in the schedule annexed hereto.

SCHEDULE Parts of factories in which light sensitive photographic materials are made or used in an exposed condition or where such exposing operations are carried on] Rules 39 to 44 prescribed under sub-section (1) of section 13

39. Quantity of drinking water.-The quantity of drinking water to be provided for the workers in every factory shall be at least five litres a day per worker employed in the factory and such drinking water shall be readily available at all times during working hours.

40. Source of supply.- The water provided for drinking shall be supplied:

(a) from the taps connected with a public water supply system, or

(b) from any other source approved in writing by the Health Officer.

41. Storage of water.- If drinking water is not supplied from taps connected with a public water supply system which is continuous, such water shall be kept in suitable vessels with taps and dust-proof cover, placed on raised platforms in the shade with drains to carry away the waste water. Such vessels shall always be kept scrupulously clean and the water renewed at least once every day. Where the water is drawn from the tube-wells, such water may be drawn in vessels direct from supply taps.

42. Cleanliness of wells or reservoir.-(1) Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution by chemical or bacterial and extraneous impurities.

(2) Where drinking water is supplied from such well or reservoir the water in it shall be sterilised once a week or more frequently if the Inspector by written order so requires, and the date on which sterilising is carried out shall be recorded:

1 Subs. by G.N. dt. 29th May, 1976.

2 Subs. by G.N. dt. 29th May, 1976.

108 The Maharashtra Factories Rules, 1963

Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption.

1[43. Testing of drinking water.-The occupier of a factory shall provide drinking water of the quality prescribed by the Bureau of Indian Standard. The occupier shall get the quality of drinking water provided in factory tested from a Government approved laboratory at least once in every six months.]

44. Water centres.- In every factory wherein more than 250 workers are ordinarily employed-

(a) the drinking water supplied to the workers shall from the 1st of March to 30th of November in every year be cooled by ice 2[or other effective hygienic method]:

Provided that if ice is placed in the drinking water, the ice shall be cleaned and wholesome and shall be obtained only from a source approved in writing by the Health Officer;

(b)(i) the cooled drinking water shall be supplied in every canteen, lunch room and rest-room and also at conveniently accessible points throughout the factory which for the purpose of these rules shall be called "Water Centres";

(ii) at least one such centre shall be provided on each floor if the factory has more than one floor;

(d) 3[xxxxx]

(e) (i) every "Water Centre" shall be maintained in clean and orderly condition;

(ii) every "Water Centre" shall be in charge of a suitable person who shall distribute the water and who shall be provided with clean clothes while on duty:

Provided that in respect of factories where mechanical refrigerating units and taps are provided to the satisfaction of the Chief Inspector, he may exempt such a factory on an application made by the manager from the provisions of sub-clause

(ii) on such conditions as he may deem fit.

Rules 44 to 53 prescribed under sub-section (3) of section 19

45. Latrine accommodation. - Latrine accommodation shall be provided in every factory on the following scale:-

(a) where females are employed, there shall be at least one latrine 4[for every 10 females;]

5[Provided that where the number of females employed exceeds 30, it shall be sufficient if there is one latrine for every 10 females upto the first 30 and one for every 30 females thereafter].

(b) where males are employed, there shall be at least one latrine [for every 25 males: provided that where the number of males employed exceeds 100, it 1 Subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19 2 The words “or other effective method” subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19 3 Del. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19 4 The words and figures “for every 25 females” subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt.

1.9.2010 p.19 5 Added by G.N. dt. 4.4.2015, MGG Pt.I-L Ext. dt. 8.4.2015 .

The Maharashtra Factories Rules, 1963 109 shall be sufficient if there is one latrine for 25 males up to the first 100, and one for every 50 thereafter.

1[(c) Sanitary Napkins of adequate quantity conforming to Indian Standards shall be provided and maintained in the women’s toilets for their use, and the same replenished on daily basis.

(d) Disposable bins with lids shall be provided within the women’s toilets for the collection of the used napkins. The used napkins shall be disposed off as per the procedure approved by the Inspector.]

In calculating the number of latrines required under this rule, any odd number of workers less than 25 or 50, as the case may be, shall be, reckoned as 25 or 50 and the number of workers to be considered shall be the maximum number employed at any time during the day.

46. Privacy of latrines.- Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastening.

47. Sign-boards to be displayed.- Where workers of both sexes are employed, there shall be displayed outside each latrine block a notice in the language understood by the majority of the workers "For Men Only" or "For Women Only", as the case may be. The notice shall also bear the figure of a man or of a woman, as the case may be.

2[48. Urinal accommodation.-There shall be at least one urinal for every 50 male workers or part thereof employed at a time; provided that where the number of males employed exceeds 500 it shall be sufficient if there is one urinal for every 50 males up to the first 500 and one for every 100 or part thereof thereafter.

3[49. Drainage system for latrines and urinals.- Latrines and urinals shall either be of flush type or aqua-privy type and connected with an underground sewerage system as prescribed under rule 50 or connected to an efficient system of septic tanks:

Provided that, in respect of existing factories having any other type of latrines and urinals, the State Government, or the Chief Inspector of Factories, subject to the control of the State Government, may permit their continued use for a limited period which may be extended by him at his discretion on such conditions as the Government or the Chief Inspector may think fit].

4[50. Certain latrines and urinals to be connected to sewerage system.- Where any general system of underground sewerage with an assured water supply for any locality is provided by a local authority all latrines and urinals of a factory situated in such locality shall be connected with that sewerage system.]

51. White-washing, colour-washing of latrines and urinals.- The walls, ceiling and partition of every latrine and urinal shall be white-washed or colour washed and the white-washing or colour-washing shall be repeated at least once in every period of four months. The dates on which the white-washing or colourwashing is carried out shall be entered in the prescribed Register in Form 8:

Provided that this rule shall not apply to latrines and urinals, the walls, ceilings or partitions of which are laid in glazed tiles or otherwise finished to provide a 1 Added by MGG Pt.I-L, Ext. dt. 19.9.2019 2 Subs. by G.N. of 17th April, 1975 3 Sub. by G.N. dt. 17th April, 1975 4 Sub. by G.N. dt. 17th April, 1975 110 The Maharashtra Factories Rules, 1963 smooth, polished impervious surface and that they are washed with suitable detergents and disinfectants at least once in every period of four months.

52. Construction and maintenance of drains.- All drains carrying waste or sullage water shall be constructed in masonry or other impermeable material and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line:

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 1[xxxx].

53. Water taps in latrines.- Water taps, conveniently accessible, shall be provided in or near such latrine accommodation. There shall be at least one tap 2[for every latrine]. The water taps shall be connected to the Municipal water supply or to an overhead storage tank of sufficient capacity, so that water is available from the taps during all hours when the workers are in the factory.

3[53.-A. Number of Sweepers.- In every factory employing number of workers in any shift as shown in column No. 2 of the Schedule appended hereto, there shall be employed at least a number of full time/part time sweepers as shown in column No.3 of the said schedule in the respective shift to clean the latrines, urinals and wash places provided in the factory for the use of the workers employed in that shift, in order to maintain the same in clean and sanitary condition at all times.

SCHEDULE Sl.No. No. of workers in the shift No. of sweepers to be employed in the shift 1 Upto 4[50] 1 part time 2 Above 5[50 but not above 250 ] 1 full time 3 Above 250 but not above 500 2 full time 4 Above 500 but not above 1000 3 full time 5 Above 1000 3 full time plus one full time for every additional 500 or part thereof

54. 6[xxxxx]

55. 7[xxxxx]

56. 8[xxxxx] 1 The words “for every ten latrines or part thereof” subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt.

1.9.2010 p.19.

2 The words “for every ten latrines or part thereof” subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt.

1.9.2010 p.19.

3 Ins. by G.N. dt. 29th May, 1976 4 Subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19.

5 Subs. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19.

6 Del. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19 7 Del. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19 8 Del. by G.N. dt. 1.9.2010, MGG Pt.I-L, Ext. dt. 1.9.2010 p.19 The Maharashtra Factories Rules, 1963 111

CHAPTER IV Safety Further precautions prescribed under sub-section (2) of section 21 1[57. Further safety precautions.-Without prejudice to the provisions of subsection (1) of section 21 in regard to the fencing of machines, the further precautions specified in the schedules annexed hereto, shall apply to the machines noted in each schedule.

SCHEDULE 1 Textile including Cotton, Silk, Asbestos, Staple Fibre or any Artificial Fibre and Jute

1. All openers, scutchers, combined openers and scutchers, lap machines, hard waste breakers, cleaners, blenders, hopper feeders and similar machines.-(a) All Openers, Scutchers, Combined Openers and Scutchers, Scutcher Lap Machines, Hard Waste Breakers, Cleaners, Blenders, Hopper Feeders and similiar machines shall be driven by separate motors or from separate counter shafts provided with the fast and loose pulleys and efficient belt shifting devices.

(b) In all openers, scutchers, combined openers and scutchers, scutcher lap machines, Hard Waste Breakers, Cleaners, Blenders, Hopper Feeders and similar Machines, the beater covers and doors which give access to any dangerous part of the machine shall be fitted with effective interlocking arrangements, which shall prevent the covers and doors being opened till the dangerous parts of the machine come to rest and also prevent the machine being restarted till the covers and doors are closed.

(c) In all openers, scutchers, combined openers and scutchers, scutcher lap machines, Hard waste breakers, cleaners, blenders, hoppers, feeders and similar machines, the opening giving access to the dust chamber shall be provided with permanently fixed fencing, which shall, while admitting light, yet prevent contact between any part of a person's body and the beater grid bars.

(d) In all openers, scutchers, combined openers and scutchers, scutcher and lap machines, silver lap machines, derby doublers, ribbon lap and similar machines, the lap forming rollers shall be fitted with a guard or cover which shall prevent access to the intake of the lap roller and fluted roller as long as the weighted rock is down or the guard or cover shall be so interlocked that it cannot be raised until the machine is stopped and the machine cannot be restarted until the guard or cover is closed:

Provided that in case of similar machines run at higher speed and provided with an automatic lap starter mechanism, the machines shall be immediately put out of use, no sooner this mechanism goes out of order for any reason and the same shall not be recommissioned till the automatic mechanism is repaired and placed back in efficient working order.

2. Carding Machines.- All cylinder doors shall be secured by an automatic locking device which shall prevent the door being opened until the cylinder/cylinders ceased to revolve and shall render it impossible to restart the machine, until the door is closed.

2[Provided that the latter requirement in respect of the automatic locking device shall not apply while stripping or grinding operations are carried out;

Provided further that stripping or grinding operations shall be carried out only by specially trained adult workers wearing tight fitting clothing whose names have been recorded in the register prescribed in this behalf as required in sub-section (1) of Section 22.]

(b) Access to the licker-in cylinder from the back and the sides shall be positively prevented so long as the licker-in cylinder is rotating, by suitably designed and placed guards.

1 Rule 57 and the Schedules I to IX subs. by G.N. dt. 28th September, 1976 2 Ins. by G.N. dt. 20.7.1981 112 The Maharashtra Factories Rules, 1963

3. Drawing Frame.-The gearing for driving the draft rollers on drawing frames shall be effectively guarded by a cover which shall be so interlocked that it cannot be raised until the machine is stopped and the machine cannot be restarted until the cover is closed.

4. Speed Frames.-Headstocks shall be fitted with automatic locking arrangements which shall prevent the doors giving access to the jack box wheels being opened while the machinery is in motion and shall render it impossible to restart the machine until the doors are closed.

5. Combers and similar machines.-(a) The gearing shall be effectively guarded by a cover which shall be so interlocked that it cannot be raised until the machine is stopped and the machine cannot be restarted until the cover is closed.

(b) A fixed guard of a suitable design shall be provided which would prevent access to the draw box rollers in motion.

6. Self-acting Mules.- The drive shall be from countershaft which shall be provided with fast and loose pulleys and efficient belt shifting devices.

7. Process House Machinery etc.- (a) In respect of calendering mangles Roller Printing Machine merciring, soaping, stentering, singeing, shrinking, washing and similar machines, all such machines shall be provided with an efficient nip guard along the whole length on the intake side of each pair of bowls and similar parts, as would prevent access to the point of contact of the rollers or bowls:

Provided that, in the case of those machines in respect of which it is not possible to provide efficient "nip" guards on account of the corrosive action of chemical used in the process or on account of the size of the material passing through the bowls, efficient fixed guards shall be provided on either side of the machines as would positively prevent any access to the point of contact of the rollers or bowls:

Provided further that in respect of rollers or bowls of such machines with ends of lesser diameter, the "nip" guards shall have flattened ends on either side to prevent access between the guard and the roller or bowl ends moving in.

(b) In respect of felt calendering machines or any type, dangerous intake points between moving felt or belt and the central or other guide drums shall be securely fenced from the front and also from the sides, of such intake points as are accessible from working floors or platforms.

8. Shearing and Cropping Machines.-The dangerous moving outer blades shall be provided with an efficient interlock arrangement as would prevent the complete cover or guard to be opened until the cutter blade has come to rest and would also make it impossible to restart the machine until the cover or guard is closed.

9. Singeing Machines.- Effective arrangement such as solenoid valve or other effective device shall be provided to cut off instantaneously supply of any type of gas or of electricity to the machine, in case of failure of power to the machine.

SCHEDULE II Cotton Ginning Machinery

1. Line Shaft.- The line shaft or second motion in cotton ginning factories when below floor level, shall be completely enclosed by a continuous wall or unclimbable fencing with only so many openings as are necessary for access to the shaft for removing cotton seed, cleaning and oiling, and such openings shall be provided with gates or doors, which shall be kept closed and locked.

2. The bare portions of the line shaft between the bearings and also of the projection at the ends of the line shaft shall be provided with adequate inverted "U" or sleeve type of guards of substantial construction.

SCHEDULE III Wood Working Machinery

1. Definitions.- For the purposes of this Schedule- The Maharashtra Factories Rules, 1963 113

(a) "Wood working machine" means a circular saw, band saw, planning machine, chair mortising machine or vertical spindle moulding machine operating on wood or cork.

(b) "Circular saw" means a circular saw working in a bench (including a rack bench) but does not include a pendulum or similar saw which is moved towards the wood for the purpose of cutting operations.

(c) "Band saw" means a band saw, the cutting portion of which runs in vertical direction but does not include a log saw or band re-sawing machine;

(d) "Planning machine" means a machine for overhead planning or for thickening or for both operations.

2. Stopping and starting device.- An efficient stopping and starting device shall be provided on every wood-working machine. The control of this device shall be in such a position as to be readily and conveniently operated by the person in charge of the machine.

3. Space around machine.-The space surrounding every wood-working machine in motion shall be kept free from obstruction.

4. Floor.-The floor surrounding every wood-working machine shall be maintained in good and level condition and shall not be allowed to become slippery and as far as practicable shall be kept free from chips or other loose material.

5. Training and supervision.- (1) No person shall be employed at a wood-working machine unless he has been sufficiently trained to work that class of machine or unless he works under the adequate supervision of a person who has a thorough knowledge of the working of the machine.

(2) A person who is being trained to work a wood-working machine shall be fully and carefully instructed to the danger of the machine and the precautions to be observed to secure safe working of the machine.

6. Circular saw.- Every circular saw shall be fenced as follows:-

(a) Behind and in direct line with the saw there shall be an arriving knife, which shall have a smooth surface, shall be strong, rigid and easily adjustable, and shall also conform in the following conditions:-

(i) The edge of the knife nearer the saw shall form an area of a circle having a radius not exceeding the radius of the largest saw used on the bench.

(ii) The knife shall be maintained as close as practicable to the saw having regard to the nature of the work being done at the time, and at the level of the bench table.

The distance between the front edge of the knife and the teeth of the saw shall not exceed 10 mms.

(iii) For a saw having diameter of less than 60 cms., the knife shall extend upwards from the bench table to within 25 mms. of the ton of the saw, and for a saw having a diameter of 60 cms. or over shall extend upwards from the bench table to a height of atleast 22.5 cms.

(b) The top of the saw shall be covered by a strong and easily adjustable guard, with a flange at the side of the saw farthest from the fence. The guard shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw.

The guard shall extend from the top of the arriving knife to a point as low as practicable at the cutting edge of the saw.

(c) The part of the saw below the bench table shall be protected by two plates of metal or other suitable materials one on each side of the saw. Such plate shall not be more than fifteen centimeters apart and shall extend from the axis of the saw outwards to a distance of not less than five cms. beyond the teeth of the saw. Metal plates, if not beaded, shall be of a thickness of at least 2.5 mms. or if beaded be of a thickness of at least 1.25 mms.

7. Push Sticks.- A push stick or other suitable appliance shall be provided for use at every circular saw and at every vertical spindle moulding machine to enable the work to be done without unnecessary risk.

114 The Maharashtra Factories Rules, 1963

8. Band saws.- Every band saw shall be guarded as follows:-

(a) Both sides of the bottom pulley shall be completely encased by sheet or expanded metal or other suitable material.

(b) The front of the top pulley shall be covered with sheet or expanded metal or other suitable material.

(c) All portions of the blade shall be enclosed or otherwise securely guarded except the portion of the blades between the bench table and the top guide.

9. Planing machines.-(1) A Planing machine (other than planing machine which is mechanically fed) shall not be used for overhead planing unless it is fitted with a cylindrical cutter block.

(2) Every planing machine used for overhead planing shall be provided with a "bridge" guard capable of covering the full length and breadth of the cutting slot in the bench and so constructed as to be easily adjusted both in a vertical and horizontal direction.

(3) The feed roller of every planing machine used for thickening except the combined machine for overhead planing and thickening shall be provided with efficient guard.

10. Vertical Spindle Moulding Machine.- (1) The cutter of every vertical spindle moulding machine shall be guarded by the most efficient guard having regard to the nature of the work being performed.

(2) The wood being moulded, at a vertical spindle moulding machine shall if practicable be held in a jig or holder of such construction as to reduce as far as possible the risk of accident to the workers.

11. Chain Mortising Machine.- The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutter as far as practicable.

12. Adjustment and maintenance of guards.- The guards and other appliances required under this Schedule shall be-

(a) maintained in an efficient state,

(b) constantly kept in position while the machinery is in motion, and

SCHEDULE IV Rubber and Plastic Mills

1. Definition.-(i) A "Rubber and Plastic Mills" shall mean machine with rollers used in breaking down, cracking, washing, grating, mixing, refining and warming of rubber or rubber goods and plastic or plastic goods.

(ii) A "Calender" shall mean machine with rolls used for frictioning, sheeting, coating and spreading of rubber compounds and plastic or plastic compounds.

Installation of machines.- Rubber and plastic mills shall be so installed that top of the front roll is not less than one metre above the floor or working level provided that in existing installations where the top of the front roll is below this height a strong rigid distance bar guard shall be fitted across the front of the machine in such position that the operator cannot reach the nip of the roller from the normal working position of the operator.

2. Safety Devices.- (i) Rubber and Plastic Mills shall be equipped with-

(a) Hoppers so constructed or guarded that it is impossible for the operators to come into contact in any manner with the nip of the rolls, or Horizontal Safety.- Trip rods or tight wire cable across both front and rear, which will when pushed or pulled operate instantly to disconnect the power and apply the brakes or to reverse the rolls. Safety-trip rods or tight wire cable on rubber mills shall extend across the entire length of the face of the rolls and shall be located not more than 170 centimeters above the floor or working level.

(ii) Calender machines shall be equipped with- The Maharashtra Factories Rules, 1963 115

(a) Horizontal safety-trip rods or tight wire across both front and rear, which will when pushed or pulled operate instantly, to disconnect the power and apply the brakes or to reverse the roll;

(b) Safety-trip rods or tight wire cables on calender machines shall extend across the entire length of the face of the roll and shall be located not more than 170 centimetres above the floor or working level;

(c) on each side of all calenders and near both ends of the face of the rolls there shall be a vertical tight wire cable connecting with the bar tripping mechanism at the top and fastened to the frame within 30 centimetres of the floor. These cables should be positioned at a distance of not more than 30 centimetres from the face of the roll and a distance of not less than 25 millimetres from the calender frame.

3. Maintenance and safety devices.- Safety trip rods and tight wire cables on all rubber mills and calenders shall be examined and tested daily in the presence of the Manager or other responsible person and if any defect is disclosed by such examination and test the mill shall not be used until such defect has been remedied.

4. Injunction Moulding Machine.-(a) An electrical interlock arrangement shall be provided so that the moulds cannot be closed unless the front safety gate is fully closed and on opening the front safety gate, the moulds will stop automatically.

(b) In addition to the above arrangement an hydraulic safety shall also be incorporated with the front safety gate. This shall prevent the tail stock mould plate from moving forward on opening of the front safety gate.

(c) At the rear of the machine, there shall be provided either an efficient fixed guard or a sliding gate which shall be electrically inter-locked with the movement of the mould plates in the manner of the front safety gate as required under (a) above so as to prevent access to the danger zone of the moulds in motion from the rear.

SCHEDULE V Centrifugal Machines

1. Definition.-"Centrifugal Machine" includes centrifugal extractors, or droextractors, separators and driers.

2. Centrifugal machines shall be provided with efficient inter locking devices that will physically prevent the lids from being opened whilst the rotating drums or brackets are in motion under power or due to power derived earlier and by then switched off and would also prevent the starting of the drums or baskets under power while the lids are open.

3. Centrifugal machines shall not be operated at a speed in excess of the manufacturer's rating which shall be legibly stamped by the manufacturer both on the inside of the bracket and on the outside of the machine casing at easily-visible places.

4. All centrifugal machines shall be provided with effective braking arrangements, to bring cage, drum or basket to rest within a reasonable short period of time, after the power to drive the motor is cut off.

5. The cages, drums or baskets shall be thoroughly examined by a competent person regularly to check their balance and effective steps shall be taken in case unbalance at high speed is observed to restore their balance before re-commissioning the machines:

Provided that clauses 2, 3 and 4 shall not apply in case of top lung similar machines used in the sugar manufacturing industry.

SCHEDULE VI 1[Shears, Slitters and Guillotine Machines]

1. Definition.- The term "shears, slitters and guillotine" means a machine, whether driven by power or otherwise, equipped with a straight beveledged blade operating vertically against a resisting edge and used for shearing metals or non-metallic substances.

1 Subs. by MGG Pt.I-L Ext. dt. 10.8.1989 p. 302 116 The Maharashtra Factories Rules, 1963

2. A barrier metal guard of adequate strength shall be provided at the front of the knife, fastened to the machine frame and shall be so fixed as would prevent any part of the operator's body to reach the descending blade from above, below or through the barrier guard or from the sides:

Provided that in case of machines used in the paper printing and allied industries, where a fixed barrier metal guard is not suitable on account of the height and volume of the material being fed, there shall be provided suitable starting devices which require simultaneous action of both the hands of the operator or an automatic device which will remove both the hands of the operator from the danger zone at every descent of the blade.

3. At the back end of such machines, an inclined guard shall be provided over which the slit pieces would slide and be collected at a safe distance in a manner as would prevent a person at the back from reaching the descending blade.

1[4. Slitting Machines:-`Slitter' or `Slitting Machine' means a machine ordinarily equipped with circular disc-type knives, and used for trimming or cutting into metal or nonmetallic substances or for slitting them into narrow strips; for the purpose of this Schedule, this term includes bread or other food slicers equipped with rotary knives or cutting discs.

1. Slitting Machines:- Circular disc-type knives on machines for cutting metal, leather, paper, rubber, textiles or other non-metallic substances shall, if within reach of operators standing on the floor or working level, be provided with guards enclosing the knife edges at all times as near as practicable to the surface of the material and which may either-

(a) automatically adjust the

The Maharashtra Factories Rules, 1963

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