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INSPECTOR OF FACTORIES & BOILERS

 

Background | Objective | Factories Act 1948 | Boilers Act 1923

 

 

 

 

 

 

 

 

 

Background

          The office of Inspector of Factories & Boilers, Keonjhar has stared functioning since May’95 at Keonjhar. No Government building has been provided for the office. At present the office is functioning in a private building in front of Kasipur Upper Primary School, Keonjhar.

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Objective

  • To implement Factories Act, 1948 with the Orissa Factories Rules, 1950.

  • To implement the Indian Boilers Act, 1923 and its Regulations 1950. The Factories Act is a social enactment to achieve social reform in the field of safety, health & welfare of workers at workplaces in a factory. Similarly the Indian Boilers Act & Regulations specify the requirements for boilers design, manufacture and its use & repair.

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The Factories Act, 1948

The Factories Act extends to the whole of India and it has come into force from 1st April 1949. The word "FACTORY" means —

  1. Whereon ten or more workers are working or were working on any day of the preceding twelve months and in any part of which manufacturing process is being carried on with the aid of power or ordinarily so carried on.

  2. Whereon twenty 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 but does not include a mine subject to the operation of (the Mines Act, 1952 (XXV of 1952)) or (a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel restaurant or eating place).

  3. Occupier of factory means the person who has ultimate control over the affairs of the factory.

  4. In the case of firm or other association of individuals, any one or the individual partners or members thereof shall be deemed to be occupier.

  5. In the case of a company, any one of the directors, shall be deemed to be the occupier.

  6. In the case of a factory owned or controlled by the central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government of the local authority as the case may be shall be deemed to be the occupier.

  7. Workers 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 (but does not include any member of the armed forces of the Union).

  8. "Manufacturing" Process means:

    1. Making altering repairing ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance with a view to its use, sale , transport, delivery or disposal.

    2. Pumping oil, water sewage or any other substance.

    3. Generating transforming or transmitting power.

    4. Composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding,

    5. Constructing reconstructing repairing refitting , finishing or breaking up ships or vessels.

Interpretation

In this act, unless there is anything repugnant in the subject or context.

  • Adult means a person who has completed his eighteenth year of age.

  • "adolescent" means a person who has competed his fifteenth year of age has not completed his eighteenth year.

2(bb) "Calendar year" means :- The period of twelve months beginning with the first day of January in any year.

c) "Child" means  :- a person who has not completed his fifteenth year of age.

2(ca) "Competent person" in relation to any provision of this Act, means a person or an institution recognized as such by the Chief Inspector for the purpose of carrying out tests, examinations and inspection required to be done in a factory under the provisions of this Act having regard to:-

  • The qualifications and experience of the persons employed in such institution and facilities available at his disposal, or

  • The qualifications and experience of the persons employed in such institution and facilities available there in, with regard to the conduct of such tests, examinations and inspections and more than one person or institution can be recognized as a competent person in relation to a factory.

(b) "Hazardous process" means :- By process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used there in or the intermediate or finished products, bye-products, wastes or effluents thereof would:-

  • Cause material impairment to the health of the person engaged in or connected therewith, or

  • Result in the pollution of the general environment:- provided that the State Government may by notification in the official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said schedule.

  • "Young Persons" means a person who is either a child or an adolescent.

  • "Day" means a period of twenty- four hours beginning at midnight.

  • "Week" means :-A period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories.

  • "Power" means :-Electrical energy or any other form energy which is mechanically transmitted and is not generated by human or animal agency.

  • "Prime-mover" means:-Any engine motor or other appliance which generates or otherwise provides power.

  • "Transmission machinery" means :- Any shaft wheel drum, pulley, system of pulleys coupling clutch driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance.

  • "Machinery" includes prime movers transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied, The Factories Act is divided in to 11 chapters which covers 120 section. They are as below.

Chapter-I: It deals with approval plans, licensing, registration factories & notice by occupier

Chapter-II: It specifies the general duties of the occupier, manufactures etc. as regards to articles & substances for use in factories & powers of inspectors under the Act.

Chapter-III: It gives guidelines on cleanliness, disposal of wastes & effluents, ventilation & temp, dust & fumes, artificial humidification, over crowding, lighting, drinking water, latrines & urinals etc.

Chapter-IV: It deals mainly safety of persons while at work by fencing of machinery, testing of lifting tackles and pressure vessels, protection of eyes, precaution against dangerous fumes and gases, precaution in case of fire, safety of building and machinery and maintenance of building etc.

Chapter-IV(a): The provision in this chapter relates to Hazardous profess to constitute a site appraisal committee, compulsory disclosure of information by the occupier and responsibility to hazardous process, emergency standards, permissible limits of exposure of chemical and toxic substances, workers participation in safety management and right of workers to warn about imminent danger.

Chapter-V: It specifies about welfare measures such as washing facilities, facilities for storing and drying clothing’s, sitting, first aid appliances, canteen, setter, rest room and lunch room, crèche and welfare officer.

Chapter-V: It is on working hours of adults which is on weekly hours, weekly holidays, compensatory holidays, daily hours, intervals of rest, spread over, night shift, extra wages for overtime, restriction on double employment, notice of period of work etc.

Chapter-VI: It gives guide line on Employment of young persons such as prohibition of employment of young children, non adult workers to carry tomens, certificate of fitness granted to adolescent etc.

Chapter-VII: The provisions is about annual leave with wages, wages during leave period, payment in advance in certain cases, mode of payment of unpaid wages etc.

Chapter-VIII: Special provisions has been made for dangerous operations, power to prohibit employment on account of serious hazard, Notice of certain accidents & dangerous occurrences & diseases, accident enquiry safety & occupational health surveys etc.

Chapter-X: The provisions mainly is about penalties & procedure such as General penalty for offences, Liability of owner of premises in certain circumstances, enhanced penalty after previous conviction, penalty for obstructing inspector etc.

Chapter-XI: It is about Appeals, display of notices, service of notice, Returns, abligation of workers, right of workers, protection to persons acting under this act etc

Registers and records to be maintained in a factory are:

1. Register of adult workers: Form No.12

2. Register of child workers: Form No.14

3. Register of leave with wages: Form No.15

4. Health Register: Form No.17

5. Notice of accident of dangerous occurrences Form No.18 resulting in death of bodily injury

6. Notice of dangerous occurrences which does not results Form No.18-A in death or bodily injury

7. Record of lime washing, painting etc. Form No.07

8. Report of examination of lift and hoist: Form No.07-A

9. Report of examination of pressure vessels or plant: Form No.08

10. Register of compensatory holidays: Form No.

11. Overtime Muster Roll: Form No.10

12. Register of accidents and dangerous occurrence: Form No.26

13. Muster Roll: Form No.29

14. Inspection Book:

The following forms are used for different purpose under the Factories Act.

1. Application for permission to construct, extend Or take in to use any building as a factory: Form No.01

2. Application for registration and grant of renewal of license Form No.02

for the year & notice of occupation specified in Sec.6 & 7:

3. Notice of change of Manager: Form No.03

4. Notice of period of work: Form No.11

5. Annual Return: Form No.21

6. Half-yearly return: Form No.22

7. Abstract of F.Act 1948 and the Orissa Factories Rules,1950: Form No.20

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Indian Boilers Act, 1923 & Regulation, 1950

          The Indian Boilers Act & Regulation is applicable to the whole of India except the State of Jammu and Kashmir. These regulations generally apply to all boilers, including those working on the principles of natural circulation and forced flow with no fixed steam and water line and to steam pipes. The following definitions are as below:-

Boilers Means

          Any closed vessel exceeding (22.75 liters) in capacity which is used expressly for generating steam under pressure and includes any mounting or other fitting attached to such vessel, which is wholly or partly under pressure when steam is shut off.

Definitions

In this Act, unless there is anything repugnant in the subject or context:-

"Accident" means an explosion of a boiler of steam-pipe or any damage to a boiler or steam-pipe which is calculated to weaken the strength thereof so as to render it liable to explode.

  • "Chief Inspector", "Deputy Chief Inspector" and "Inspector" means respectively a person appointed to be a Chief Inspector, a Deputy Chief Inspector and Inspector under this Act.

Economizer means any part of a feed-pipe that is wholly or partly exposed to the action of flue gases for the purpose of recovery of waste heat

"Feed-pipe" means any pipe or connected fitting wholly or partly under pressure though which feed-water passes directly to a boiler and (which) does not form an integral part thereof.

"Owner":- includes any person using a boiler as agent of the owner thereof any person using a boiler which he has hired or obtained on loan from the owner thereof.

"Prescribed" :- means prescribed regulations or rules under this Act.

"Steam-pipe" :- means any pipe through which steam passes from a boiler to a prime-mover or other user, or both if:-

  • The pressure at which steam passes through such pipe, exceeds 3.5 kilogram per square centimeter above atmospheric pressure of

  • Such pipe exceeds 254 millimeters in internal and includes in either case, any connected fitting of steam-pipe.

"Structural alteration adding or renewal" :- It shall not be deemed to include any renewal or replacement of a petty, when the part or fitting used for replacement is not inferior in strength, efficiency or otherwise, to the replaced part of fitting.

          The Indian Boilers Act & Regulation is applicable to the whole of India except the State of Jammu and Kashmir. The Indian Boiler Act is also applicable to feed pipes, steam pipes and to economizers. The Act also prohibits to use unregistered or uncertified boilers. So no owner of a boiler shall use the boiler or permit it to be used.

  • Unless it has been registered in accordance with the provisions of this Act:-

  1. Substitute by Amendment Order (A.O.) 1937, published "Gazette of India" for by the Government.

  2. Substitute by the A.O. 1948 for "Federal Railway Authority".

  3. Substitute by the A.O. 1950 for "Provincial Government".

  4. Repealed by the A.O.,1948.

  5. Substitute by the A.O. 1950 for "Provincial Government".

  6. Substitute by the A.O. 1937 for "Gazette of India".

  7. The Andaman and Nicover Islands have been excluded from the operation of the provisions of the Act:-

  8. See Notification No.G(B)10 dated the 21st June,1924 in Gazette of India,1924 pt. I.P. 585.

1. Substitute by the Indian Boilers (Amendment) Act,1960 (18 of 1960), section 5 for the former section 5.

(b) In the case of any boiler, which has been transferred from one (State) to another until the transfer has been reported in the prescribed manner.

(c) Unless a certificate or provisional order authorizing the use of the boiler is for the time being in force under this Act.

(d) At a pressure higher than the maximum pressure recorded is such certificate or provisional order.

(e) Where the (State Government) has made rules requiring that boilers shall be in charge of persons holding (certificates of proficiency or competency) unless the boiler is in charge of a person holding the certificate as required by such rules. For registration the owner of any boiler, which is not registered under this Act, should apply to the concerned area Inspector with prescribed form and fee. On receipt of an application the Inspector shall fix a date for examination of the boiler. The Inspector shall measure and examine the boiler and to determine in the prescribed manner the maximum pressure at which the boiler to be used and report the result of examination to the Chief Inspector of Boilers (Orissa) in the prescribed form. The Chief Inspector of Boilers(Orissa) on registering the boiler, issue a certificate in the prescribed form authorizing the use of the boiler for a period twelve month at a pressure fit in accordance with the regulation under this Act.

Similarly the renewal of certificate shall be done:-

(a) On the expiry of the period for which it was granted.

(b) When any accident occurs to the boilers.

(c) When the boiler is moved, the boiler not being a vertical boiler, the heating surface of which is less than (18.58 square miters) or a portable or vehicular boiler.

(d) When any structural alteration, addition of renewal is made in or, to the boiler.

(e) If the Chief Inspector in any particular case so directs, when structural alteration, addition or renewal is made, in or to any steam-pipe attached to the boiler.

(f) On the communication to the owner of the boiler of an order of the Chief Inspector or Inspector, prohibiting its use on the ground that, if or any steam-pipe attached there to is in a dangerous condition.

          The Inspector while reporting the case of any boiler to Chief Inspector of Boiler, grants the power a provisional order in writing at a pressure (max) as he thinness fit in accordance with the regulation, pending the receipt of the order of the Chief Inspector of Boiler, such provisional order shall cease to be in force :-

(a) On the expiry of six months from the date on which it is granted.

(b) On receipt of the orders of the Chief Inspector.

(c) In any of the cases referred in columns (b), (c), (d), (e) and (f) of sub-section (1) of section 8, and so on and on ceasing to be in force shall be surrendered to the Inspector.

          The Chief Inspector may at any time withdraw or revoke any certificate or provisional order(P.O.) on the report of an Inspector or other wise if there is reason that the certificate/P.O. has been granted condition sufficient examination, or has cased to be in good condition or if the boiler is in charge of a person not holding the certificate registered By rules. Similarly no structural alternation, addition or renewal shall be made in or to any boiler registered under this Act or to any steam pipe line unless sanction in writing by Chief Inspector of Boiler. When a date is fixed for examination of a boiler, the owner there of shall be bound to afford all reasonable facilities for examination and shall prepare and make the boiler ready in the prescribed manner. If any accident occurs to boiler on steam pipe line the owner or the person in charge there of shall with in 24 hrs. of the accident report the same in writing to the Inspector and shall being sufficient detail to enable the Inspector to judge the gravity of the accident.

          Any owner of a boiler who, in any case in which a certificate or provisional order is required for the use of boiler under this Act, uses the boiler either without any such certificate, or order being in force or at a higher pressure than that allowed thereby, shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing offence, with an additional fine which may extend to one hundred rupees for each day after the first day, in regard to which he is convicted, of having persisted in the offence.

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