THE 1[TAMIL NADU] FACTORIES (WELFARE OFFICERS) RULES, 1953
1. Short title and commencement. ---- (1) These rules may be called the 1[Tamil Nadu] Factories (Welfare Officers) Rules, 1953.
(2) They shall extend to the whole of the state of 1 [Tamil Nadu] including the Kanyakumari district and Shencottah taluk of the Tirunelveli district and the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act LVI of 1959).
(3) They shall come into force on such date as the State Government may, by notification in the 2 [Tamil Nadu Government Gazette], appoint in this behalf.
2. Definitions. - In these rules, unless the context otherwise requires : -
(a) " Act " means the Factories Act, 1948 (Central Act LXIII of 1948);
(b) the expressions " Factory " and " Occupier " have the meanings respectively assigned to them in the Act.
3. Number of Welfare Officers. - Within six months of the date specified in a notification issued under sub-rule (2) of rule 1, the occupier of every factory where five hundred or more workers are employed, shall appoint at least one Welfare Officer:
Provided that where the number of workers exceeds two thousand, one Welfare Officer to be designated as Assistant Welfare Officer, shall be appointed for every two thousand workers or a fraction thereof, if such fraction exceeds five hundred :
Provided further that in a factory, -
(i) where five hundred or more, but not more than 2,000 workers, are employed and the majority of the workers are women, the Welfare Officer to be appointed shall be a woman. ____________________________________________________________________ 1 Subs. for " Madras ", by S.R.O. No. A-24 of 1971, dated the 18th September, 1970. 2 Subs. by GO. Ms. 249, Labour and Employment, dated the 10th March, 1975. Page 1 of 9
(ii) where the number of workers exceeds 2,000 of whom more than 500, but not more than 2,000 are women, the Assistant Welfare Officer to be appointed under the first proviso shall be a woman ; and
(iii) where the number of women workers exceeds 2,000 the Assistant Welfare Officer to be appointed shall be women at the rate of one Assistant Welfare Officer for every 2,000 women workers or fraction thereof, if such fraction exceeds 500. 1 [4. Qualification.- No person shall be eligible for appointment as Welfare Officer unless he possess the following qualifications, namely :
(a) (i) A degree of Master of Labour Management or Bachelor of Labour Management or B.A. (Labour Management) or M.A. (Labour Management) awarded by the Tamil Nadu Institute of Labour Studies,Chennai or by any University ; or
(ii) Any Post Graduate degree in Social Work or Social Welfare or Social Dynamics with Industrial Management or Personnel Management and Industrial Relations or Allied Sociology or Labour and Social Welfare or Sociology or Social Service or Social Science or Sociology and Economics or Social Technique or Industrial Relations and Labour Welfare or Commerce (Personnel Management and Industrial Relations) or M.B.A. (Master of Business Administration) awarded by any of the Institutions recognised by the Government of Tamil Nadu specified in the Annexure or the Institutions recognised by the University Grants Commission for the purpose of its grant ; or
(iii) A degree in Bachelor of Law awarded by any University recognized by the University Grants Commission for the purpose of its grants ; or
(b) (1) A degree awarded by any University other than the degree or Post graduate degree specified in clauses a (i), (ii) and (iii) above ; and
(2) A diploma in Labour Administration or Labour Laws and Administrative Laws or Personnel Management, Industrial Relations and Labour Welfare or Social Work or Social Science or Personnel Management and Labour Relations or Social Welfare with Labour Laws on Industrial Relations or Labour Laws or Social Service Administration or Labour Welfare or Social Work or Labour Training Course or Social Sciences or Industrial Psychology and Industrial Relations or Labour Welfare and ___________________________________________________________________________________ 1Subs. by G.O.(D) No. 1311, Labour and Employment (M-1), dated the 28th December, 2005. Page 2 of 9 personnel Management or Industrial Sociology, Labour Welfare and Personnel Management or Social Welfare or Social Science or Social Technique or Personnel Management and Industrial Relations or Human Resources Development in Industry or Business Administration as a main subject of any University or Institutions recognised by the Government of Tamil Nadu as specified in the Annexure or the institutions recognised by the University Grants Commission for the purpose of its grant ;
(c) Adequate knowledge of Tamil and English Languages :
Provided that these qualifications shall not apply to any person who is a Government Servant and is deputed to a factory to work as Welfare Officer:
Provided further that in the case of a person who is already acting as a Welfare Officer, the State Government may, subject to such condition as they may specify as relax all or any of the above said qualifications.] 1 [5. Recruitment of Welfare Officers. — (l) When the vacancy of the post of Welfare Officer is proposed to be filled by direct recruitment other than by deputation of a Government Servant then the vacancy shall be advertised in two newspapers having wide circulation in the State one of which shall be in Tamil and the other in English :
Provided that the vacancy in a Government Establishment, Quasi Government Establishment, Public Sector Undertaking or Private Establishment financially assisted by the Government shall be filled up through the Employment Exchange. The vacancy in any of the said establishments shall be advertised in the newspapers only after obtaining non-availability certificate from the Employment Exchange :
Provided further that when the vacancy is proposed to be filled by transfer or promotion from among the staff in the factory or group of factories belonging to the same Occupier, the vacancy shall be widely published among the prospective staff by suitable methods,
(2) Selection for appointment to the post of Welfare Officer by direct recruitment, transfer or by promotion shall be made from among the candidates applying for the post, based on the advertisement made by the Occupier under sub-rule (1) after wide publicity made among the prospective staff by suitable methods by the Occupier, through a Selection Committee appointed by the Occupier of the factory. ______________________________________________________________________________ 1Subs. by G.O. (D) No. 1311, Labour and Employment (M-1), dated the 28th December, 2005. Page 3 of 9
(3) After the appointment to the post of Welfare Officer is made, it shall be notified by the Occupier, to the State Government or such other authority as the State Government may specify for the purpose (that is, the Chief Inspector of Factories) within 30 (thirty) days from the date of such appointment giving the details of the qualifications, age, pay, previous experience and other relevant particulars of the person appointed and the terms and conditions of his service]. 1 [6. Conditions of Service of Welfare Officer. - (1) A Welfare Officer shall be given appropriate Status corresponding to the status of a member of a factory executive staff.
(2) The scale of pay and the allowances to be paid to the Welfare Officer and other conditions of service shall be the same as those of the other officers of corresponding status in the factory.
(3) No penalty shall be imposed upon a Welfare Officer, unless he has been first informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself.
(4) In case of discharge or dismissal of the Welfare Officer, he may appeal to Chief Inspector of Factories within thirty days from the date of receipt of the order of discharge or dismissal, as the case may be of the Welfare Officer concerned. The decision of the appellate authority thereon shall be final and binding.]. 2 [7. Duties of Welfare Officers. - The duties of the Welfare Officer shall be –
(a) to establish contacts and hold consultations with a view to maintaining harmonious relations between the factory management and workers ;
(b) to bring to the notice of the factory management the grievances of workers, individual as well as collective, with a view to securing their expeditious redress and to act as a liaison officer between the management and labour ;
(c) to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret these policies to the workers in a language they can understand; _________________________________________________________________________ Page 4 of 9 1Subs. by G.O. (D) No. 1311, Labour and Employment (M-l), dated 28th December, 2005. 2Subs. by G.O. Ms. No. 1472, Labour and Employment, dated 19th July, 1982.
(d) to watch industrial relations with a view to using his influence in the event of a dispute between the factory management and workers and to help to bring about a settlement by persuasive effect ;
(e) to advise on fulfilment by the management and the concerned departments of the factory of obligations, statutory or otherwise, concerning regulation of working hours, maternity benefit, medical care, compensation for injuries and sickness and other welfare and social benefit measures ;
(f) to advise and assist the management in the fulfilment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe work environment, in such factories where a Safety Officer is not required to be appointed under the enabling provisions under section 40-B of the Act ;
(g) to promote relations between the concerned departments of the factory and workers which will bring about productive efficiency as well as amelioration in the working conditions and to help workers to adjust and adapt themselves to their working environment ;
(h) to encourage the formation of Works and Joint Production Committee, Cooperative Societies and Welfare Committees and to supervise their work ;
(i) to encourage provision of amenities such as canteens, shelters for rest, creches, adequate latrine facilities, drinking water, sickness and benevolent scheme payment, pension and superannuation funds, gratuity payment, granting of loans and legal advice to Workers;
(j) to help the factory management in regulating the grant of leave with wages and explain to the workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of application for grant of leave for regulating authorised absence ;
(k) to advise on provision of welfare facilities, such as housing facilities, foodstuffs, social and recreational facilities, sanitation, advice on individual personnel problems and education of children ;
(l) to advise the factory management on questions relating to training of new starters, apprentices, workers on transfer and promotion, instructors and supervisors, supervision and control of notice board and information bulletins to further education of workers and to encourage their attendance at technical institutes ;
(m) to suggest measures which will serve to raise the standard of living of workers and in general promote their well being ; Page 5 of 9
(n) to work for the improvement of educational facilities and to promote adoption of the family welfare measures amongst the workers.] 1 [(o) to implement the scheme of eradication of illiteracy among the workers in coordination with the Education Department authorities or any other agencies, as the case may be ]. 2[7-A. Welfare Officers not to deal with disciplinary cases or appear on behalf of the management against workers. - No Welfare Officer shall deal with any disciplinary case against a person employed in a factory or appear before a conciliation officer, court or tribunal on behalf of the management of the factory against a person or persons employed in the factory, except when he is required by the conciliation officer, court or tribunal to appear as an independent witness:
Provided that nothing in this rule shall be deemed to prohibit a person employed in a factory from approaching the Welfare Officer in respect of a grievance arising out of any case of disciplinary action against him.]
8. Powers o f e x e m p t i o n . - The State Government may by notification in the Official Gazette, exempt any factory or class or description of factories from the operation of all or any of the provisions of these rule except rules I to 3 subject to such conditions as may be specified :
Provided that the State Government may, by notification in the 3 [Tamil Nadu Government Gazette], exempt any Jail factory in which the Superintendent of that jail is appointed as the ex officio Welfare Officer from the operation of all or any of the provisions of these rules subject to such conditions as may be specified.
9. Repeal. - The Andhra Pradesh Factories (Welfare Officers) Rules, 1954, in their application to the territories specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959), are hereby repealed. ____ _______________________________________________________________________________ 1 Ins by GO. Ms. No. 8, Labour and Employment (Mel), dated the 21st January, 1991 2 Ins. by GO. Ms. No. 395, Labour and Employment, dated the 18th May, 1977. 3Subs. by S.R.O. No. A-800 of 1971, dated the 19th June, 1971, for ' Fort St. George Gazette '. Page 6 of 9 1 [THE ANNEXURE [See Rules 4(a) (ii) and rule 4(b)] List of Degrees and Diplomas for appointment to the Post of Welfare Officer recognised by the Government of Tamil Nadu under rule 4(a) (ii) and rule 4(b) of the Tamil Nadu Factories (Welfare Officers) Rules, 1953. Sl.No.
(1) Degrees / Diplomas
(2) Institutions
(3)
1. Diploma in Social Service Administration Madras School of Social Work, Chennai
2. Diploma in Social Service Administration Tata Institute of Social Sciences, Mumbai.
3. Diploma in Labour Welfare Bombay Labour Institute, Mumbai.
4. Diploma in Industrial Relations and Welfare. St.Xavier Labour Relations Institute, Jamshedpur, Bihar.
5. Post Graduate Diploma in Social Work P.S.G. School of Social Works, Coimbatore.
6. Post Graduate Diploma in Social Work Institute of Social Services, Loyola College, Chennai.
7. Diploma in Social Service Administration. National Institute of Social Science, Bangalore.
8. Post Graduate Diploma in Social Service St. Xavier College, Ranchi.
9. Post Graduate Diploma in Social Service Indian Institute of Social Order, Poona.
10. Master of Allied Sociology Degree. Kashi Vidyapith, Varanasi.
11. Diploma of Labour Training Course. Kashi Vidyapith, Varanasi.
12. Diploma of the Social Sciences Class Kashi Vidyapith, Varanasi.
13. Diploma in Industrial Phsychology and Industrial Relations. Indian Institute of Technology, Kharagpur.
14. Diploma in Labour Welfare and Personnel Management. Kishinchand Chellarams Law College, Dinshaw Wacha Road, Church Gate, Mumbai-20.
15. M.A. Degree in Social Work with specialisation in
(i) Labour Economics in Labour Welfare; and
(ii) Industrial Organisation and Management. Institute of Social Service, Mangalore.
16. Master’s Degree in Sociology Ravishankar Viswa Vidyalaya, Raipur.
17. Post Graduate Diploma in Industrial Sociology, Labour Welfare and Personnel Management. Ravishankar Viswa Vidyalaya, Raipur.
18. Master of Business Administration Degree Institute of Management, Ahmedabad.
19. Master of Business Administration Degree Institute of Management, Kolkatta.
20. M.Com. Degree in Personnel Management and Industrial Relations. University of Madras.
21. Post Graduate Diploma in Personnel Management, Industrial Relations and Labour Welfare. Chennai Productivity Council, Chennai.
22. Diploma in Social Welfare Andhra University College, Waltair.
23. M.A. Degree in Labour and Social Welfare Department of Labour and Social Welfare, Patna University.
24. M.A. Degree in Labour and Social Welfare Bihar University.
25. Master of Social Work Degree University of Baroda
26. Diploma in Labour Welfare University of Gujarat Page 7 of 9 1 Added by G.O.(D). No. 1311, Labour and Employment (M1), dated the 28th December, 2005.
27. M.A. Degree in Social Work Delhi School of Social Work, University of Delhi.
28. Diploma in Social Services University of Kerala.
29. Master of Social Service Degree University of Kerala.
30. Diploma in Faculty of Social Works University of Baroda
31. Diploma in the Long Term Course of the Institute Institute of Labour Welfare Workers, Mumbai.
32. M.A. Degree in Sociology University of Bombay
33. Diploma in Social Work with Labour Welfare as a special Subject. University of Nagpur
34. M.A. Degree in Social Sciences Annamalai University
35. Master of Arts degree in Sociology and Economics Karanataka University
36. M.A. Degree Udaipur School of Social Work, Rajasthan University.
37. M.A. Degree Udaipur School of Social Works, Udaipur University.
38. Master of Social Work degree Institute of Social Sciences, Agra University, Agra.
39. M.A. Degree in Social Work. Diploma in Social Service Diploma in Social Technique/Social Work. Master of Social Technique Degree. J.K.Institute of Sociology and Human Relations, Lucknow, Lucknow University.
40. M.A. Degree in Sociology Agra University
41. Master Degree in Social Work University of Lucknow
42. Diploma in Social Work All India Institute of Social Welfare and Business management, Calcutta University.
43. Diploma in Social Service Calcutta University
44. M.A. Degree in Sociology University of Madras.
45. M.A. Degree in Labour and Social Welfare Berhampur University
46. Honours Diploma in Personnel Management and Industrial Relations Madras School of Social Work, Chennai
47. Post Gradutate Diploma in Labour Administration. Tamil Nadu Institute of Labour Studies, Chennai.
48. Post Graduate Diploma in Personnel Management and Industrial Relations Madurai Institute of Social Work, Madurai.
49. Post Graduate Diploma in Human Resources Development in Industry. Department of Adult and Continuing Education, University of Madras.
50. Post Graduate Diploma in Personnel Management and Industrial Relations and Labour Welfare. Coimbatore Productivity Council, Coimbatore.
51. M.A. Degree in Social Work Madurai Institute of Social Work, Madurai.
52. M.A. Degree in Industrial Relations and Labour Welfare Department of Industrial Relations and Labour Welfare, Andhra University.
53. M.A. Degree in Social Work with specialisation in Personnel Management and Industrial Relations. University of Chennai.
54. Post Graduate Diploma in Business Administration Loyola Institute of Business Administration, Loyola College, Chennai.
55. Diploma in Labour Laws with Administrative Law. Annamalai University. Page 8 of 9
56. M.A. Degree in Sociology Annamalai University.
57. Post Graduate Diploma in Industrial Relations and Personnel Management National Institute of Labour, New Delhi.
58. Post Graduate Diploma in Personnel Management. National Institute of Personnel Management, Kolkatta.
59. Post Graduate Degree in Labour Laws and Administrative Laws. Dr. Ambedkar Government Law College, Chennai.
60. Diploma in Labour Laws. Indian Law Institute, New Delhi.
61. M.A. Degree in Human Resources Management. Madurai Institute of Social Sciences affiliated to Madurai Kamaraj University.
62. Post Graduate Diploma in Human Resources Development. P.S.G. College of Arts and Science, Coimbatore. ] _______ Page 9 of 9 Amendment to the Tamil Nadu Factories (Welfare Officers) Rules, 1953 TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 8] CHENNAI, WEDNESDAY, FEBRUARY 24, 2021 Maasi 12, Saarvari, Thiruvalluvar Aandu–2052 © [Regd. No. TN/CCN/467/2012-14 GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2021 [Price : Re.0.80 Paise. DTP—III-1(a)-8 —1 Part III—Section 1(a) General Statutory Rules, Notifi cations, Orders, Regulations, etc., issued by Secretariat Departments. NOTIFICATIONS BY GOVERNMENT CONTENTS [19] LABOUR AND EMPLOYMENT DEPARTMENT Pages. Amendment to the Tamil Nadu Factories (Welfare Officers) Rules. 2020 20 TAMIL NADU GOVERNMENT GAZETTE [Part III-Sec.1(a) LABOUR AND EMPLOYMENT DEPARTMENT Amendment to the Tamil Nadu Factories (Welfare Officers) Rules. [G.O. Ms. No. 17, Labour and Employment (M2), 29th January 2021, ¬î 16, ꣘õK, F¼õœÀõ˜ ݇´-2052.] No.SRO A-7/2021.— In exercise of the powers conferred by Sections 49 and 112 of the Factories Act, 1948 (Central Act LXIII of 1948), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Factories (Welfare Officers) Rules, 1953, the draft of the same having been previously published, as required under sub-section (1) of Section 115 of the said Act. Aඕඍඖඌඕඍඖගඛ. In the said Rules,-
(1) in rule 4,-
(a) in clause (a), in Sub-clause (ii), after the expression “Commerce (Personnel Management and Industrial Relations) or”, the expression “Human Resource Management or equivalent or” shall be inserted;
(b) for clause (c), the following clause shall be substituted, namely:- “(c) Adequate Knowledge of Tamil Language:”;
(c) after the Second proviso, the following proviso shall be added, namely:- “Provided also that the Occupier shall ensure that the Welfare Officer appointed in the factory acquires adequate knowledge of the language spoken by majority of the workers in the factory within one year from the date of such appointment.”;
(2) in rule 5, in sub-rule (1),-
(a) for the expression “vacancy shall be advertised in two newspapers having wide circulation in the State one of which shall be in Tamil and the other in English:”, the expression “vacancy shall be advertised in newspapers having wide circulation in the State one of which shall be in Tamil and the other in English or in a Prominent online job portal:” shall be substituted;
(b) for the first proviso, the following proviso shall be substituted, namely:- “Provided that the vacancy in a Government Establishment, Quasi Government Establishment, Public Sector Undertaking or Private Establishment financially assisted by the Government shall be filled up by calling for names of eligible candidates from the employment exchange besides inviting applications from all eligible persons by advertising the vacancies as prescribed in this sub-rule:”.
(3) in the ANNEXURE, after the Serial Number 62 in column (1) and the corresponding entries relating thereto in columns
(2) and (3) thereof, the following entries shall, respectively, be added, namely:-
63. Diploma in Labour Laws with Administrative Law (Part-time weekend) The Tamil Nadu Institute of Labour Studies, Chennai.". Md. NASIMUDDIN, Additional Chief Secretary to Government. NOTIFICATIONS BY GOVERNMENT PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU DISH B Sec Highlight DISH B Sec Highlight DISH B Sec Highlight DISH B Sec Highlight DISH B Sec Highlight DISH B Sec Highlight DISH B Sec Highlight TN W.O. RULES & AMENDMENT.pdf WELFARE OFFICER RULES GOVT COPY 14.02.19 (1).pdf W.O. RULES - CONFIRMATION GAZETTE - Copy.pdf AMENDMENT.pdf