What is the definition of 'worker 'as per Factories Act, 1948
?
"Worker" means a person [employed, directly or by or through any agency
(including a contractor) with or without the knowledge of the principal employer,
whether for remuneration or not] in any manufacturing process or in cleaning any
part of the machinery or premises used for a manufacturing process, or in any other
kind of work incidental to, or connected with, the manufacturing process, or the
subject of the manufacturing process 3[but does not include any member of the armed
force of the Union];
What is a 'Factory' as per Factories Act, 1948 ?
"Factory" means any premises including the precincts thereof
2m. (i) Whereon ten or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being
carried on with the aid of power, or is ordinarily so carried on, or.
2m (ii) Whereon twenty or more workers are working, or were working on any day of
the preceding twelve months, and in any part of which a manufacturing process is
being carried on without the aid of power, or is ordinarily so carried on,-
Section-85. As per Powers conferred by sub-section (1) of Section-85 of the
Factories Act, 1948.
- The number of persons employed therein is less than ten, if working with the aid
of power and less than twenty, if working without the aid of power; or
- The persons working therein are not employed by the owner thereof but are working
with the permission of or under agreement with such owner;
Provided that the manufacturing process is not carried on by the owner only with
the aid of his/ her family.
Which Factory need to take license under the Factories Act,
1948 ?
- Whereon ten or more workers are working, or were working with aid of power.
- Whereon twenty or more workers are working without the aid of power.
- Factory employing less than 10 workers for the following manufacturing process
- All places wherein the asbestos manufacturing processes, involving handling of asbestos
and articles of asbestos or otherwise in which asbestos is used in any form is carried
on with or without the aid of power.
- Manufacturing process involving use, storage, handling, processing of hazardous
chemicals defined in section 2(e) of the manufacturing Storage and import of Hazardous
Chemicals Rules, 1989.
- Manufacturing process carried on using a circular Saw or a Band Saw or a horizontal
trolley Saw or all of them.
- Glass Manufacture.
- Grinding or glazing of materials.
- Cleaning or smoothing, roughening etc. of articles by a jet of sand metal shot or
grit or other abrasive propelled by a blast of compressed air or steam,
- Manufacture of pottery.
- Manipulation of stone, granite or any other material containing free silica.
- Manufacture of refractory bricks.
How to calculate license fees ?
License fees are calculated taking in to consideration of the maximum number of
persons employed and the installed power in K.W of the machinery so installed as
per notification issued from time to time.
What is due date of renewal of license ?
Factory licence is renewed (1) one year term i.e. from 1st January to 31st December
(2) for a five years term i. e. covering from 1st January to 31st December
Every application for the renewal of licence shall be accompanied by the notice
of Occupation in the prescribed form No.2 and shall reach the Chief Inspector not
less than 2 Months before the date on which the licence expires
Due date with normal application fee i.e. 31st October.
How to calculate license fees if not paid within due date ?
Application received between 1st November and 31st December shall be renewed on
payment of a fee 25% in excess of the fee ordinarily payable for licence.
How to calculate license fee in case renewal date is over 1
year ?
Application for renewal of licence if received after the date on which the licence
expires licence shall be renewed only on a payment of a fee 100% in excess of the
fee originally payable for licence.
When a license can be cancelled ?
There is no provision for cancellation of licence under the Factories Act,
There is provisions of refusal of renewal of licence and revocation of licence.
Refusal of licence
The Chief Inspector may refuse the renewal of licence on the ground that the applicant
has been guilty of repeated contravention of safety provisions of the Act or Rules
or both or the applicant has obtained the licence by fraud or by misrepresentation
:
Provided that before refusing any licence, the applicant shall be given an opportunity
to show cause as to why the licence shall not be refused.
Revocation of Licence
The Chief Inspector may, at any time before expiry of the period for which the licence
has been granted or renewed revoke the licence for the following reasons.
- There is imminent danger to life and property in the factory due to explosive or
inflammable dust, gas or fumes , and effective measures in his option have not been
taken to remove the danger; and/or;
- Employment of child worker below 14 years of age noticed; and/ or.
- Provisions prescribed in Chapter IVA of the Act are not complied; Provided that
before revoking the licence, the applicant shall be given an opportunity to show
cause as to why the licence shall not be revoked].
What are the responsibilities of the Occupier ?
Every Occupier shall ensure, so far as is reasonably practicable, the health, Safety
and welfare of all workers while they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub-section.
(1) The matters to which such duty extends, shall include
- The Provisions and maintenance of plant and systems of work in the factory that
are safe and without risks to health.
- The arrangement in the factory for ensuring safety and absence of risks to health
in connection with the use, handling storage and transport of articles and substances,
- The Provisions of such information, instruction, training and supervision as are
necessary to ensure the health and safety of all workers at work.
- The maintenance of all places of work in the factory in a condition that is safe
and without risks to health and the provision and maintenance of such means of access
to and egress from such places as are safe and without such risks.
- The Provisions maintenance or monitoring of such working environment in the factory
for the workers that is safe without risks to healthy and adequate as regards facilities
and arrangements for their adequate welfare at work.
(3) Except in such cases as may be prescribed, every occupier shall prepare, and
as often as may be appropriate, revise, a written statement of his general policy
with respect to the health and Safety of the workers at work and the organization
and arrangements for the time being in force for carrying out that policy, and to
bring the statement and any revision thereof to the notice of all the workers in
such manner as may be prescribed.
What are the obligation of the workers
Obligations of workers- (1) No worker in a factory
- Shall willfully interfere with or misuse any appliance, convenience or other thing
provided in factory for the purpose of securing the health, safety or welfare of
the workers therein;
- Shall willfully and without reasonable cause do anything likely to endanger himself
or others; and.
- Shall willfully neglect to make use of any appliance or other things provided in
the factory for the purpose of securing the health or safety of the workers therein.
2. If any worker employed in a factory contravenes any of the provisions as above
or of any rule or order made there under, he shall be punishable with imprisonment
for a term which may extend to three months, or with fine which may extend to one
hundred rupees or with both.
Whether any declaration necessary for applications ?
Declaration regarding engagement of persons and installed power by the Occupier
and Manager of the factory is necessary for the last 4 years in case of a five years
term licence after expiry of the 1st year
Whether you are the only officer who will conduct inspection to my industry/establishment
or any other officer of your department will visit lateron ?
Yes, I am the only officer who will conduct inspection in your industry/establishment
during this year. In coming year myself or any other officer who is having concurrent
jurisdiction as an Inspector may conduct inspection in your industry/establishment.
Is it required under law to conduct inspection ?
No, but as per the Composite Inspection Scheme, your industry/establishment needs
to be inspected at least once in a year to examine whether the provisions of the
various labour laws are abided.
For at least how many workers this law will not applicable in my industry /
establishment ?
Under different labour laws this limitation is different which are outlined below
:-
- Minimum Wages, Payment of Wages Act, Odisha Industrial Establishment for National
(Festival) Holidays Act, Motor Transport Workers Act, Child Labour (P&R) Act,
Orissa Shops & Commercial Establishment Act, Beedi & Cigar Workers (CE)
Act, Sales Promotion Employees (Condition of Service) Act, Working Journalists (Condition
of Service) and Miscellaneous Provision Act, Building and Other Construction Workers
Welfare and Cess - One or more workers.
- Contract Labour (R&A) Act – 20 or more contract labourers.
- Payment of Bonus Act – Industries (10 or more workers), Establishment (20
or more workers)
- Payment of Gratuity Act, Maternity Benefit Act, Building & Other Construction
Workers (RE&CS) Act – 10 or more workers.
- Inter-State Migrant Workmen (RE&CS) Act – 5 or more workers.
- Equal Remuneration Act – Minimum one male and one female in same and similar
nature of work.
What should I do after inspection ?
You should rectify the irregularities pointed out by the Inspector and report compliance
to the Inspector.
What will happen to me if something is found wrong with me ?
Legal action as provided in the law may be initiated against you if found something
wrong/not in compliance with the law if such irregularities are not rectified.
Is keeping labour is an offence ?
No, but one has to meet the terms provided under different labour laws towards the
obligations as an employer.
What is the age of a child labour ?
A child not completed 14 yrs. of age.
What is the minimum rate of wages right now to be paid to the employees ?
The minimum rate wages in the State w.e.f 24.07.2015 is Rs. 200/-, Rs. 220/-, Rs.
240/- & Rs. 260/- for unskilled, semi-skilled, skilled and highly skilled respectively.
How can I know the category of employees basing on their designation or who
can make me educated on that ?
As per the nature of job, the category of employees is defined. You can know it
from the Inspecting Authority.
What are the registers to be maintained ?
- The combined Muster Roll-cum-Register of Wages in Form – X [26(1)] of Minimum Wages
Rules in lieu of Orissa Minimum Wages Rules, Orissa Beedi & Cigar Workers (CE)
Rules, OB&OCW Rules, Orissa Inter-State Migrant Workmen (RE&CS) Rules, Orissa
Shops & Commercial Establishment Rules, Orissa Motor Transport Workers Rules,
Orissa Contract Labour (R&A) Rules, Orissa Industrial Employment (N&F) H.
Rules.
- The Combined Register of Fines, Deductions for Damage or Loss and Advances in Form
– I (Minimum Wages Rules) in lieu of Orissa Minimum Wages Rules, Orissa Contract
Labour (R&A) Rules, Orissa Payment of Wages Rules, Orissa I.S.M.W.(RE&CS)
Rules, OB&OCW(RE&CS) Rules.
- Wage Slip in Form – XI of Orissa Minimum Wages Rules.
How can I display notices ?
You can display notices in the prescribed form if any the particulars such as working
hours, opening time, closing time, minimum rate of wages fixed for different categories,
date and place of payment and abstract of the Act and Rules in the premises of the
establishment where the employees are engaged.
If there is paucity of funds in my hand ?
This is not permissible under the provisions of law.
Whether I can make payment of wages after some days than the statutory limit
?
No.
Does any violation lead to imprisonment ?
Yes.
A) Industries
1) What is the Role of Central Inspection Framework portal?
The Government of Odisha has constituted a Central Inspection Framework for industries as part of “Ease of Doing Business” framework for improving the inspection of industrial establishment in the state.
2) What are the benefits of the Central Inspection Framework for the industry?
Before implementation of this framework, industrial establishments were subjected to multiple visits from different bodies often checking on the same things, and on some occasions, contradicting each other. By adopting Central Inspection framework, ambiguity such as duplication & overlapping mandates between inspection authorities, general lack of cooperation & coordination are eradicated.
3) How to register an industry in Central Inspection Framework portal?
The industrial establishments in the state can register under the Central Inspection Framework portal through the following link “http://cicg.investodisha.org/industry-registration.aspx
4) What steps are to be followed for registration?
First check, whether your industry name is present in the list by selecting district, block and industry name. If your industry name is already in the list, then fill the rest parameters and submit to generate OTP. By entering OTP, the username and password will be generated and sent to the registered e-mail and mobile.
5) What steps are to be followed, if industry name is not present in the list?
Industry can register on the Central Inspection Framework portal by filling all required information under the URL: http://cicg.investodisha.org/iimsweb/industry-registration.aspx
6) What information is required to register on the Central Inspection Framework portal?
One can register his/her industry by filling information like; industry name, location detail, IEM no (in case of large industry), EM-II number (in case of MSME sector), Investment value, Udyog Aadhar number, TIN number, PAN number, Contact Person name, Telephone number, Mobile number.
7) Whose mobile number and e-mail address are to be provided?
The mobile number and e-mail address of those person will be provided, who will be present during inspection of the industry premises.
8) How can the industry know about its inspection schedule?
The industry will receive the prior inspection schedule in the registered e-mail and mobile.
9) Will all the inspections be synchronised, i.e. conducted on the same day?
The inspections of Factories &Boilers, Labour Department, Odisha State Pollution Control Board (OSPCB) will be synchronised, while the inspections pertaining to Weights and Measures will not be synchronised with other three inspections.
10) Do I have to pay anything for the inspection?
No payment is to be made for inspections of Factories &Boilers, Labour Department, Odisha State Pollution Control Board (OSPCB). However, for verification of Weights and Measures, verification fees has to be deposited in advance through online payment, a month before the annual verification is due.
11) Is it required for the industry to inform different inspectors from Factories &Boilers, Labour Department, Odisha State Pollution Control Board (OSPCB) and Legal Metrology department?
No, the industry need not inform different department for inspections. The system generated e-mail and mobile messages will also be sent to corresponding inspectors.
For verifications pertaining to Legal Metrology, the payment of verification fees is required to be paid by the industry before the due date of verification.
12) What is process for conducting inspection and the checklist to be followed during inspections, by inspectors from F&B, Labour and pollution control board, of the industry? Have the inspection parameters changed under this framework?
There is no change in the existing format for inspection. The Central Inspection Framework only provides the inspection schedule of different departments. However, the industry can check the inspection format of different departments available on the portal.
13) In case of small industries, how to handle the three (3) inspectors on the same day?
In case of inspections pertaining to small industries, all the inspections being carried out in single day may cause inconvenience to the industry representative, if all the inspectors turn up at the same time. To avoid such a situation, the inspection schedule will be staggered in such a manner that no inconvenience is caused to the industry representative. The following time slots will be followed by all the departmental inspectors.
- Labour Directorate & Directorate of Factories & Boilers – 10.00 am to 2.00 pm
- Odisha State Pollution Control Board – 3.00 pm to 5.30 pm
The departmental inspectors from Labour Directorate and Directorate of Factories & Boilers will coordinate with each other so that they do not turn up simultaneously at the industry facility.
The inspections pertaining to Weights and Measures, the inspections will not be synchronised with other three inspections.
14) How will the industry receive inspection report?
No hard copy of the inspection report will be sent to the registered industry. The registered industry can download its inspection report from the portal.
15) When can the industry view the inspection report in the portal?
The inspection report will be uploaded within 48 hours of completion of inspection.
16) Can industry change its concerned person name, mobile number and e-mail address?
Yes, all these information can be edited by logging into the portal and changing the industry profile.
How to get further clarification related to CICG portal?
The required information is already available under the link: http://cicg.investodisha.org. However for further clarification, email at: rajibdhal@ investodisha.org or call the toll free helpline: 18003457111
B) Department
1) How can I login to the system?
The Nodal Officer can login to the system through the following URL: http://cicg.investodisha.org/Login.aspx Using the username and password shared with the Department
2) How can I find out the inspections that are unattended or pending report submission?
The information regarding unattended inspections and pending report submissions are available on the homepage, once the user logs-in to the portal.
3) How can I add a new industry?
The department nodal officers, namely,
- Smt. Mamta Pattnaik(Odisha State Pollution Control Board),
- Dr. M.K.Pradhan, (Deputy Directorate of Factories & Boilers)
- Smt. Bharat Sitha( Labour Directorate)
- Sri. S.Bari(Deputy Controller of Legal Metrology)
can add a new industry by entering the Industry Master menu under the Master Configuration tab. The user can also check the existing industries to ensure that the new industry about to be added is not already present in the database. The user can also tag the newly added industries with their respective risk ratings.
4) How can I manage the inspectors in my Department?
The user can view, edit, add and activate the inspectors through the menu items present under the Officers Information tab.
5) How can I manage the inspections?
The user can reschedule inspections, approve already rescheduled inspections, create surprise or emergency inspections and approve surprise or inspections scheduled by others by using the menu items under the Industry Inspection tab.
6) How can I ensure that the inspections are being conducted as per schedule, through the system?
The user can view the details of all inspections already scheduled, their report submission times and feedback from the industry by using the menu items under the MIS Reports tab.
C) Inspector
1) How can I login to the system?
The inspector can login to the system through the following URL: http://cicg.investodisha.org/Login.aspx Using the username and password shared by the Department
2) How will I know which inspections are to be conducted by me and when?
The inspector can view all the scheduled inspections on the homepage after logging into the system
3) Can I change my contact details on the portal?
The inspector can update the contact details under the Officers Information tab once logged in to the portal
4) How can I upload the inspection reports for the completed inspections?
The inspector can upload the inspection report for completed inspections under Industry Inspection tab through the Complete Inspection menu
5) Can I schedule Emergency inspections?
Yes, an Inspector can conduct emergency inspections and upload the inspection report, stating the reason for emergency inspection under Industry Inspection tab through the Emergency Inspection menu
6) Can I conduct Surprise Inspections?
Yes, an inspector can conduct surprise inspections only after seeking approval from second higher authority in line, the inspection can be scheduled under Industry Inspection tab through the Surprise Inspection menu.
Acts & Rules(Directorate of Legal Metrology- new tab)
1. What is the Periodical Interval for the verification of Weights or Measures?
a) Every weight or measure used or intended to be used in any transaction or for protection shall be verified and stamped by the legal metrology officer in the state in which such weight or measure is put to use on receipt of such fee as specified in the Schedule IX and shall be re-verified and stamped at periodical intervals.
b) The period of re-verification shall be,
- Twelve months for all types of weights and measures except storage tanks,
- Three years for storage tanks including Vats.
c) Notwithstanding anything contained in sub-rule(2) every weight or measure which has been verified and stamped in situ shall, if it is dismantled and re-installed before the date on which the verification falls due be duly re-verified and stamped on payment of the prescribed fee, before being put into use.
d) Notwithstanding anything contained in sub-rule(1) every weight or measure which has been verified and stamped shall, if it is repaired before the date on which the verification falls due be duly re-verified and stamped on payment of the prescribed fee, before being put use.
2. How would Verification and Inspection of Weights or Measures be done?
a) Every person using any weight or measures in any transaction or for protection shall present such weight or measure for verification / re-verification, at the office of the Legal Metrology Officer or at such other place as the Legal Metrology Officer may specify in this behalf on or before the date on which the verification falls due;
- Provided that where any weight or measure is such that it cannot, or should not be moved from its location, the person using such weight or measure shall report to the Legal Metrology Officer at least thirty days in advance of the date on which the verification falls due.
b) Where any weight or measure is such that it cannot, or should not, be moved from its location, Legal Metrology Officer shall take necessary steps for the verification of such weight or measure at the place of its location.
c) For the verification of weight or measure referred to in sub-rule (2) the user shall provide such facilities as may be specified by the Controller.
d) Every weight or measure presented for verification shall be completed in itself.
e) Every weight or measure shall be verified in a clean condition, and if necessary, the Legal Metrology Officer shall require the owner or user to make necessary arrangement for the purpose.
f) Legal Metrology Officer may visit as frequently as possible during the period specified in sub- rule (2) of rule 1, every premise within the local limits of his jurisdiction to inspect and test any weight or measure which is being or is intended or likely to be used in any transaction or for protection.
g) The Legal Metrology Officer shall obliterate the stamp on any weight or measures, if it is found during inspection that:-
- Any weight or measure which being due for re-verification has not been submitted for such reverification.
- Any weight or measure which does not conform to the standards established by or under the Act.
Provided that where the legal Metrology Officer is of opinion that the defect or error in such weight or measure is not such as to require immediate obliteration of the stamp, he shall inform the user, of the defect or error found in the weight or measure and call upon user to remove the defect or error within such time, not exceeding eight days and shall –
- User fails to remove the defect or error within that period, obliterate the stamp, or
- If the defect or error is so removed as to make the weight or measure conform and the Standards established by or under the Act, verify and stamp such weight or measure.
Explanation: The obliteration of the stamp on any weight or measure shall not take, away or abridge the power of the Legal Metrology Officer to seize such weight or measure in accordance with the provisions of the Act.
3. What is the Fee for Verification?
a) Fees payable for verification and stamping of Weight or Measure at the office or camp office of the Legal Metrology Officer shall be as specified in Schedule IX.
b) If at the request of the user of weight or Measure, verification is done at any premises other than the office or camp office of the Legal Metrology, an additional fee shall be charged at half the rate specified in the Schedule IX and the user of the Weight or Measure shall pay the expenses incurred by the Legal Metrology officer for visiting the premises including the cost of transporting and handling the working standard and other equipment subject to a minimum of rupees one hundred. Provided that no additional fee shall be charged for verification and stamping of weights and measures in situ of-
- Vehicle tanks for petroleum products and other liquids, meter for liquids other than water (Fuel Dispenser, Liquid Petroleum Gas, Milk Dispensers),Compressed Natural Gas Dispensers , Non automatic weighing instruments like weigh bridges , platform machines, crane scale, Automatic Gravimetric Filling Instruments, Automatic Rail weighbridge, Discontinuous Totalizing Automatic Weighing Instruments, and such other weight or measure which cannot and should not be moved from its location;
- Weight or measure in the premises of manufacturer or dealer of such weight or measure.
c) If a weight or measure is presented to the Legal Metrology Officer for re-verification after expiry of the validity of the stamp, an additional fee at half the rates specified in Schedule IX shall be payable for every quarter of the year or part thereof
d) Full fee shall be payable for re-stamping any weight or measure held in stock with manufacturer or dealer within the period specified, in rule 1 from the date on which it was last stamped, provided that the original stamp was not obliterated.
e) A weight or measure which on verification/ Inspection is found to be incorrect shall be returned to the person concerned for adjustment informing him, in a Proforma specified by the Controller, of the defects found in the weight or measure and calling upon him to remove the defects within a period not exceeding seven days. When the necessary adjustment has been carried out, such weight or measure shall be verified on payment of the fees specified in Schedule IX and if found correct shall be stamped.
4. How will the Collection and deposition of the fees happen for Legal Metrology?
Before commencing the work of verification or re-verification, system generated email and mobile message will be sent to deposit the fee using the online portal of cyber treasury. After successful payment, the schedule of verification/ re-verification will be generated, which will be communicate to the industries by email & mobile message
a) What is the Validity of Weights or Measures duly stamped?
b) A weight or measure which is, or is deemed to be, duly verified and stamped under this Rule shall be deemed to conform to the standards established by or under the Act at every place within the State in which it is stamped unless it is found on inspection or verification that such weight or measure has ceased to conform to the standards established by or under the Act.
c) No weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall require to be re-stamped merely by reason of the fact that it is being used at any place within the State other than the place at which it was originally verified and stamped: Provided that where a verified weight or measure, installed at one place is dismantled and re-installed at a different place, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.
d) Where a verified weight or measure has been repaired, whether by a licensed repairer or by the person owning and possessing the same, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.
5. What are the Provisions Relating to use of Weights, Measures, etc. ?
a) Every person using a beam scale in any transactions in his premises shall suspend the same to a stand or to a chain by a hook : Provided that this sub-rule shall not apply to itinerant vendors.
b) Every; weight or measure shall be used in a clean condition and in proper lighting arrangement.
c) Any weight or measure which has been verified and stamped in situ shall not be dismantled and removed from its original site without prior intimation to the Controller or other person authorized by him in this behalf.
d) To ensure a proper check of the accuracy of a weighing instrument the user shall keep at the site of each weighing instrument duly verified and stamped weights equal to one tonne and consumer can also check the accuracy of the weighing instrument. Provided that the Controller may specify the total number of verified and stamped weights to be maintained in trade premises where the number of weighing instruments is more than one.
e) To ensure a proper delivery of the petrol / diesel pumps, the retail dealer of the pump shall keep a verified 5litre / 10litre capacity measure in his premises and check the output from the pump every day to ensure its correct delivery. In case of any short delivery the dealer shall stop the delivery through the pump immediately and inform the Legal Metrology Officer concerned to recalibrate the pump.