FREQUENTY ASKED QUESTIONS

Labour Commissionerate

Q. What is Labour Welfare Society ?

A. This is a Society formed for the welfare of the Unorganised Sector Workers in Pondicherry.

 

Factory Inspectorate

Q. What are the statutes administered by the Boiler Inspector?

A. Inspector under the Indian Boilers Act and Factories Act.

 

Q. What is a steam test?

A. Testing the boiler with steam for its maximum working pressure, i.e., opening of safety valve.

 

Q. What is a hydraulic test?

A. Testing the boiler with water, for a pressure of one and half times of the boiler's maximum working pressure.

 

Q. To whom a boiler accident is to be reported?

A. To the Chief Inspector of Boilers, in writing within 24 hours.

 

Q. When a Boiler certificate is to be renewed?

A.1. on expiry of the current certificate

   2. before commencing operation of the boiler after an accident

   3. if the boiler is transferred from any other state

   4. for any structural alteration in the boiler 

 

Q. What is a steam pipe?

A. Any pipe through which steam passes from a boiler to a prime mover or other user or both, if:-

 

   1. the pressure at which steam passes through such pipe exceeds 3.5 kilograms per square centimetre above atmospheric pressure or

   2. such pipe exceeds 254 millimetres in internal diameter. 

 

Q. What is a feed pipe?

A. A feed pipe means any pipe or connected fitting wholly or partly under pressure through which feed water passes directly to a boiler and which does not form an integral part thereof.

 

Q. What is an Economiser?

A. An Economiser means any part of the feed pipe which is wholly or partially exposed to the action of flue gases for the purpose of recovery of waste heat.

 

Q. When a boiler comes under Indian Boiler Rules?

A. Any closed vessel exceeding 22.75 litres in capacity or heat surface of not more than 10 sqm. which is used expressly for generating steam under pressure and includes any monitoring or other fitting attached to such vessel which is wholly or partly under pressure when steam is shut off.

   

Q. What are the limitations of a second class and first class boiler attendants in the matter taking charge of a boiler?

A. A first class boiler attendant can take charges of one or more boilers, the total heating surface of which does not exceed 697 sq.mts. and for second class 139.35 sq.mts and for third class 18.58 sq.mts

 

Q. From where the information can be had regarding Statutory fees for boiler registration / renewal?

A. Details are available in the web site www.pon.nic.in / Pondicherry Boiler Rules, 1988 G.O.M.S.No.10/88 dt. 12.02.88.

 

Q. Is it possible to get extension of validity period of working certificate of a boiler?

A. No

 

Q. Is it possible to postpone the statutory inspection of boilers?

A. Yes

 

Q. Who has to prepare on site and off site emergency plan?

A. On site emergency plan is required to be prepared by the occupier of MAH units and mock drill shall be conducted once in 6 months and report of the mock drill shall be forwarded to concerned authority.Off site emergency plan is required to be prepared by District Collector or District Emergency Authority and conduct mock drill once in a year.

 

Q. What are the provisions for safety reports and safety audits?

A. Provisions for safety reports and safety audits are as under.

  • Occupier has to submit safety report in schedule -8 of Factories Act 1948 to the concerned authorities (only in case of quantities equal to or higher than or specified in schedule – 2 and 3)
  • safety report shall be prepared and submitted once in three years.
  • safety audit shall be carried out once in a year by independent person / agency.
  • Occupier shall submit audit report within 30 days along with comments and compliance of the comments.

 

Q. What are the duties of the occupier under CIMAH rule?

A. Duties of the occupier who has ultimate control of the factory are hereunder.

  • Identify the major accident hazard
  • take and provide evidence that the steps taken to prevent major accidents.
  • provide information training to the persons working on the site.
  • notify the major accidents in schedule -6 and also steps taken to prevent repetition of such occurrences.
  • notification of sites in schedule – 7 to the concerned authorities.
  • obtain or develop safety data sheet in schedule – 5 in respect of hazardous chemicals.

 

Q. What is the meaning of industrial activity and isolated storage?

A. Industrial Activity means

An operation of process carried out in an industrial installation referred to in schedule 4 involving or likely to involve one or more hazardous chemicals and includes on site storage or on site transport which is associated with that operation or process as the case may be and isolated storage means storage of hazardous chemical other than storage associated with an installation on the same site specified in schedule – 4 where that storage involves at least the quantities of that chemical set out in schedule -2.

 

Q. What is the meaning of Hazardous Chemicals ?

A. Hazardous Chemicals means

  • any chemical which satisfied any of the criteria laid down in part 1 of schedule 1 and also listed in column 2 of part II of Schedule I of CIMAH Rules.
  • Any chemical listed in Schedule II and III of CIMAH Rules.

 

Q. What are the guidelines for preparation of plans?

A. Plans are to be drawn to a metric scale by a qualified engineer / draftsman, duly signed by him and also by the applicant showing

  • Detailed building plan, elevation and sections of the proposed factory sheds lay out and type of machines proposed to be installed in the particular shed with horse power, drawn to scale of 1:100 indicating correct plinth areas
    Note: Specify materials to be used for the construction of buildings and roofing.
  • Site plan drawn to a scale of 1:400 or 1:800 or 1:1200 showing length and breadth of the site, and also location of the road, which gives direct access to the site, indicating the width of the road. The site plan should indicate front, rear and side set-backs clearly along with extent of a site purchased for establishing the industry.

Standards norms for the building and installation of machinery;

  • Minimum height of the building in which the machinery / equipment is to be installed should not be less 3.66 meters in case of A.C. sheet roofing upto the rod level and 3.05 meters in case of RCC roofing.

 

There should be a clear moving space of 0.9 m (3 feet) from machine to machine to wall.
Ridge roof ventilator with an opening of 0.9 mtrs (3 feet) width and 0.6 m (2 feet) height shall be provided over the roofing of all the work halls. In case of north light glazing an air gap of at least 0.3 m (1 foot) should be provided between the top of glazing and the roof sheeting. Also the north light glazing should invariable face north.

 

The building should have masonry walls. If A.C. sheet or metal sheets are used as cladding they should be fixed in the form of louvres, vertical cladding is not permissible.

 

Size of doors and windows should not be less than 1.2 X 2.1 mts (4' X 7') and 0.9 x 1.5 mts (3' X 5') respectively. Ventilators should be 0.9 x 0.45 mts (3' X 1 ½'). The doors and windows should be so spaced that they should not be located at a distance of more than 3mts. (10 feet) from centre to centre. Opening should be at least 15% of floor area.

 

A minimum of two exits shall be provided to each of the manufacturing buildings. In the case of manufacturing buildings, godowns / stores good number of exits should be provided in such a manner to ensure that in case of emergency a person need not travel a distance of more than 30 mts to get out of the building.

 

Every factory shall be constructed with pucca masonry walls of bricks, stone or other suitable material. The roofing materials used shall be of non heat radiating and fire resistant type. Any other special requirements in respect of building specific to the manufacturing process should be implemented.

 

Mechanical exhaust arrangements, dust collection systems etc., should be provided wherever necessary.

 

The entrepreneurs should specifically note, while drawing up factory building plans, the following welfare facilities to be provided invariably in the factory.

      • If number of women workers are more than 30, provision for crθche for children of women workers.
      • If workers are more than 150, provision for resting shed and lunch room.
      • If workers are more than 250, provision for a canteen.
      • If workers are more than 500, provision for ambulance room.

 

If the unit is a hazardous industry attracting provisions of Manufacturing, Storage and Import of Hazardous Chemicals Rules, 1989, the details of hazardous processes, the maximum quantity of chemicals stored in the premises and data sheets of all chemicals, safety report and onsite emergency plans shall be enclosed to the application along with a "No Objection" certificate from the Pondicherry Pollution Control Committee.

 

Clearance from the Explosives Authorities is necessary wherever materials attracting the provisions of Explosives Act are handled processed.

 

Q. What are the statutes administered by this Inspectorate?

A. The following are the statutes administered by this Inspectorate:-

  • The Factories Act, 1948.
  • The Child Labour (Prohibition and Regulation) Act, 1986
  • The Payment of Wages Act, 1936
  • The Pondicherry Industrial Establishments (National and Festival Holidays) Act, 1964.
  • The Maternity Benefit Act, 1961
  • The Payment of Bonus Act, 1965
  • The Payment of Gratuity Act, 1972
  • Manufacture, Storage and Import of Hazardous Chemicals Rules 1989
  • Chemical Accidents (Emergency Planning, Preparedness and Response ) Rules 1996
  • Control on Industrial Major Accident Hazards Rules, 1992.

 

Q. What are dangerous manufacturing process / operations ?

A. The following operations when carried on in any factory are declared to be dangerous manufacturing process or operations under Rule 105 of Pondicherry Factory Rules 1964:-

  • Manufacture of aerated water and process incidental thereto.
  • Electrolytic plating or oxidation of metal article by use of an electrolyte containing chromic acid or other chromium compounds.
  • Manufacture and repaid of electric accumulators.
  • Glass manufacture.
  • Grinding or glazing of metals and processes incidental thereto.
  • Manufacture and treatment of lead and certain compounds of lead.
  • Generation of Gas from dangerous petroleum.
  • Cleaning or smoothing, roughening etc., of articles, by a jet of sand, metal shot, or grit or other abrasive propelled by blast of compressed air or steam.
  • Liming and tanning of rawhides and skins and process incidental thereto.
  • Cellulose spraying.
  • Graphite powdering and processes incidental thereto.
  • Certain lead process carried on in printing presses and type foundries.
  • Cashew nut processing.
  • Dyeing, stencilling and painting of mats, matting and carpets in coir and fibre factories.
  • Handling and manipulation of corrosive substances.
  • Pottery and ceramic industry.
  • Handling and processing of asbestos, manufacture of any article of asbestos and other process of manufacture or otherwise in which asbestosis used in any form.
  • Chemical Works.
  • Manufacture or manipulation of carcinogenic dyes intermediates.
  • Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants.
  • Manufacture or manipulation of benzene.
  • Carbon disulfide Plant.
  • Manipulation of stone or any other material containing free silica.
  • Highly flammable liquids and flammable compressed gases.
  • Manufacture or manipulation of dangerous pesticides.
  • Operations in foundries.
  • Operations involving high noise levels.
  • Manufacture or manipulation of manganese and its compounds.

 

Q. What are the dangerous machineries?

A. The following machinery as per Rule 56 are considered as dangerous machines

  • Power Press other than Hydraulic Presses.
  • Milling machines used in metal trades
  • Circular saws
  • Platen Printing presses.
  • Guillotine printing machines
  • Decorticator
  • Oil-expeller

Q. Which factories / operations / machines are considered to be hazardous?

A. The lists of the factories involving hazardous process are as follows:-

  • Ferrous Metallurgical Industries.
    - Integrated Iron and Steel
    - Ferro Alloys
    - Special Steels
  • Non-ferrous Metallurgical Industries
    - Primary Metallurgical Industries, namely, size, lead, copper, manganese and aluminium
  • Foundries (Ferrous and Non-ferrous)
    - Castings and forgings including cleaning or smoothening / roughening by sand and short blasting
  • Coal (including coke) industries
    - Coal Lignite, coke, etc.
    - Fuel Gases (Including Coal Gas, Producer Gas, Water Gas)
  • Power Generating Industries
  • Pulp and paper (including paper products) industries
  • Fertilizer Industries.
    - Nitrogenous
    - Phosphatic
    - Mixed
  • Cement Industries
    - Portland Cement ( including slag cement, puzzolona cement and their products)
  • Petroleum Industries
    - Oil Refining
    - Lubricating Oils and Greases
  • Petro-Chemical Industries
  • Drugs and Pharmaceutical Industries,
    - Narcotics, Drugs and Pharmaceuticals
  • Fermentation Industries (Distilleries and Breweries)
  • Rubber (Synthetic Industries)
  • Paints and Pigment Industries
  • Leather Tanning Industries
  • Electro-plating Industries
  • Chemical Industries
    - Coke Oven By-products and Coal tar distillation products
    - Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous oxide halogenated hydrocarbon, ozone, etc.
    - Industrial Carbon
    - Alkalies and Acids
    - Chromates and dichromates
    - Leads and its compounds
    - Electrochemicals (metallic sodium, potassium and magnesium, chlorates, per chlorates and peroxides)
    - Electro thermal produces (artificial abrasive, calcium carbide)
    - Nitrogenous Compounds (cyanides, cyanamides, and other nitrogenous compounds)
    - Phosphorous and its compounds
    - Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine)
    - Explosives (including industrial explosives and detonators and fuses)
  • Insecticides, Fungicides, Herbicides and other Pesticides Industries
  • Synthetic Resin and Plastics
  • Man-made Fiber (Cellulosic and non-cellulosic ) industry
  • Manufacture and repair of electrical accumulators
  • Glass and Ceramics
  • Grinding or glazing of metals
  • Manufacture, handling and processing of asbestos and its products
  • Extraction of oils and fats from vegetables and animal sources
  • Manufacture, handling and use of benzene and substances containing benzene
  • Manufacturing process and operations involving carbon disulphide
  • Dyes and Dyestuff including their intermediates
  • Highly flammable liquids and gases.

 

Q. What are the obligations of workers ?

A. Following are the obligation of a workers in a Factory:-
No worker in the factory

  • shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein:
  • shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
  • shall wilfully neglect to make use of any appliances or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.

 

Q. What are the responsibilities of an Occupier?

A.

  • Every occupier shall ensure, so far as is reasonable practicable, the health, safety and welfare of all workers while they are at work in the work in the factory.
  • Without prejudice to the generality of the provisions of sub section (1), the matters to which such duty extends, shall include:-
    1. the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;
    2. the arrangements 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;
    3. the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;
    4. 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.
    5. the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
  • 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 organisation 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 at may be prescribed.

Q. Which are the notices to be displayed?

A.

  • Notice of Period of Work for adult worker – Form 11
  • Abstract of the Factories Act, 1948.
  • Cautionary Notice (For Chemicals)
  • name and addresses of Factory Inspector in charge with phone numbers.
  • List of Weekly Holidays.
  • Abstract of the Payment of Wages Act, 1923
  • Abstract of the Maternity Benefit Act, 1961.
  • Size of room and number of persons employed thereon.
  • Form V – National and Festival Holidays

 Q. Which are the returns to be submitted Factories engaging less than 20 workers?

A. Core Return in Form A is to be submitted on or before 15th February.

 

Q. Which are the returns to be submitted by factories engaging more than 20 workers?

A.

  • Annual return Form 19 to be submitted on or before 31st January.
  • Annual return – Leave with wages Form 21 to be submitted on or before 31st January
  • Annual return – Compensatory Holidays Form 22 to be submitted on or before 31st January
  • Annual Return – Canteen Form 29 to be submitted on or before 31st January
  • Annual Return – Crθche Form 30 to be submitted on or before 31st January
  • Annual Return – Shelters, Restrooms and lunch rooms Form 31 to be submitted on or before 31st January
  • Annual Return – Accidents Form 32 to be submitted on or before 31st January
  • Half-Yearly Return – Form 20 to be submitted on or before 31st July.

Q. What are the requirements for the approval of the plans?

A. An application shall be made in Form No. 1-C which shall be accompanied by the following documents

  • flow chart of the manufacturing process supplemented by a brief description of the process in its various stages
  • plans in triplicate drawn to the scale (1:100) showing
    1. the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains etc.,
    2. 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
    3. for chemical factories material safety data sheet (M.S.D.S.) of all the chemical used
    4. provisions for the safe disposal of the solid, liquid and gaseous waste arising out of the processes carried out in premises.
    5. permission letter from the local authorities and NOC wherever it is necessary.
    6. copy of provisional registration from Industries Department.
    7. Registered lease / sale deed for the premises.
    8. detail of the constitution of the firm i.e., partnership deed in case of partnership, memorandum and article of association in case of limited or private limited firm and copy of office bearer and constitution in case of co-operative sector.
    9. NOC from other partners / directors nominating the occupier.

Rules:

Q. Is there any provision for prolong sickness after delivery?

A. Where a woman suffers illness arising out of her pregnancy, miscarriage, premature birth of a child or delivery, she shall be allowed in addition to above leave with wages for maximum one month.

 

Q. Is there any restriction by employer / pregnant woman for employment?

A.

  1. No woman shall work in any establishment during the 6 weeks immediately following the day of delivery or miscarriage.
  2. No employer shall knowingly employ a woman in any establishment during 6 weeks immediately following the day of her delivery or miscarriage.

 

Q. What is the mode of payment?

A. Maternity benefits is payable in advance for 6 weeks by the employer on production of the proof that woman is pregnant and other 6 weeks payment shall be made within 48 hours on production of the proof that the woman has delivered a child. On death of woman, it will be paid to her nominee. If woman dies during the period that the maternity benefit shall be paid only for day upto and including the day of death. If child survives, than the benefit for the period for 6 weeks shall be paid. If child also dies during the said period, than the benefits upto and including the day of death of child shall be paid to nominee.

 

Q. What is the eligibility for maternity benefit?

A. She should have actually worked in the establishment in a period not less than 160 days in the preceding 12 months and not covered under E.S.I.C.

 

Q. Whether nursing breaks given to mother? If yes, what is the duration?

A. After returning on duty the woman shall be allowed for two breaks each of 15 minutes duration for nursing the child on and above the regular interval until the child attains the age of 15 months.

 

Q. What are the maternity benefits to the pregnant woman?

A. Maternity benefits to the pregnant woman are as under

  • leave for 6 weeks before and 6 weeks after the date of delivery or miscarriage.
  • medical bonus

PAYMENT OF WAGES ACT AND RULES

 

Q. What is the time limit of Payment of Wages ?

A. Before 7th of the subsequent month  where less than 1000 employees are employed and before 10th where more than 1000 employees are employed.

 

Q. Who shall be an inspector for the purpose of the Act?

A.

  • An inspector appointed under Section 8(1) of the Factories Act.
  • All Labour Officers and Assistant Inspector of Labour.

 

Q. Which types of deduction may be made from wages? Or what is legal deduction?

A.

  • Fines
  • Absence from duty
  • Damage to or loss of goods loos of money by the employed person.
  • House accommodation.
  • amenities or service supplied by the employer.
  • recovery of advances or over payment of wages, recovery of loans, house building loans and the interest due in respect thereof.
  • income tax payable by the employed person
  • deduction required to be made by order of court or competent authority.
    1. provident fund with written authorization of employed person, President / Secretary of registered trade union of which the employed person is member.
    2. national defence fund and defence saving scheme approved by state government.
  • payment to co-operative societies or schemes of insurance maintained by the Indian Post office.
  • with the written authorization of the employed person
    1. premium of his LIC policy.
    2. contribution to fund constituted by the employer or a registered trade union for welfare scheme of his family.
    3. fees payable for the membership of any registered trade union.
  • insurance premium on Fidelity Guarantee Bonds.
  • Losses sustained by railway administration on account of acceptance by the employed person of counterfeit of base coins or forged currency notes.
  • losses sustained by a railway administration on account of the failure of the employed person to invoice, to bill, to collect the appropriate charges like, freight, damage, whartage and carnage or in respect of sale of food in catering establishments , or sale of commodities in grain
  • losses sustained by a railway administration on account of any rebates or refunds
  • Written authorization of the employed person for contribution to a Prime Minister's National Relief Fund of such other fund, notified by the Central Government.

 

Q. What is Wages?

A. All remuneration by way of salary and allowances in terms of money to a person employed in respect of his work done during employment which includes

 

PAYMENT OF WAGES ACT AND RULES

 Q. What is the limit of pay for the application of this Act?

A. Wages payable to employed person shall not exceed rupees six thousand five hundred a month.

EMPLOYMENT EXCHANGE

 Q. When will my name be sponsored?

A. Your name will be sponsored according to the seniority of your registration and qualification required by the Employer as and when vacancies are notified to the Employment Exchange.

 

Q. What is the purpose for continuing renewal after crossing the age limit?

A. Sometimes the age limit prescribed by the Government may be relaxed by the employer for certain recruitment / job when a candidate was not sponsored even once.

 

Q. What is the procedure for cancellation of employment registration?

A. If the registrant fail to renew the Employment Identity Card within the stipulated time, the cancellation certificate will be issued at the request of the registrant, when he want to register his name with the Employment Exchange of some other states.

 

Q. What is Validity Period for Registering caste certificates?

A. The OBC Certificate is valid for one year from the date of issue and the SC/ST Certificate is valid for three years from the date of issue.

 

Q. What is the procedure for renewal?

A. A registrant has to renew registration on the month due (once in every three years). In case of failure to renew, Government has permitted a grace period of 17 months. If the candidate fails to renew the card within the stipulated time, the Employment Card will automatically lapse. Renewal can also be done through postal services.

 

Q. Transfer of employment registration from other region and vice versa, is there any change in the seniority?

A. There is no change in the seniority.

 

 Q. What is the minimum age for fresh registration?

A. Minimum age for fresh registration is 14 years.

 

Q. After crossing the age limit, without getting any opportunities, is there any age relaxation given by the Government for over aged candidates?

A. The over aged candidates not even sponsored once may be sponsored by the Employment Exchange for the vacancies notified by a Government Department. The concerned Department may obtain age relaxation in such case.

 

Q. What are the procedures for transferring the employment registration from other exchange and vice versa?

A. Candidate should submit an application giving new residential address and the name of the Employment Exchange where the registration is to be transferred along with the proof of the residence (5 Years residence in the state) namely ration card.

 

Q. What kind of experience will be registered to the SSLC failed candidates?

A. Dhobi, Cook, Gardner, Nursing Attendant, Animal Attendant etc.

 

Q. What kind of experience will be registered to the SSLC passed candidates?

A. Lab Attendant, Lift operator etc.

 

Q. What is the age limit for the employment opportunities for general category, OBC category and SC Category etc.?

A. General 18 to 32 years
    OBC 18 to 35 years
    SC-ST 18 to 37 Years.
    PH – 18 to 42 Years.
    MSM – 18 to 37 years
    Widow - 18 to 37 Years.

 

Q. What is the procedure for fresh registration and certificates required for registration?

A. Anyone above 14 years of age and residing within the jurisdiction of Union Territory of Pondicherry is eligible for registering their names in the Employment Exchange. They should produce all the original certificates of educational qualifications and proof of residence issued by the relevant authorities of Revenue Department or Ration Card.