1
FOR OFFICIAL USE ONLY
GOVERNMENT OF INDIA
MINISTRY OF LABOUR
MODEL RULES UNDER THE
FACTORIES ACT, 1948
(Corrected up to 31-3-1987)
DIRECTORATE GENERAL
FACTORY ADVICE SERVICE AND LABOUR INSTITUTES
BOMBAY - 400 022.
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FOR OFFICIAL USE ONLY
GOVERNMENT OF INDIA
MINISTRY OF LABOUR
MODEL RULES UNDER THE
FACTORIES ACT, 1948
(Corrected up to 31-3-1987)
DIRECTORATE GENERAL
FACTORY ADVICE SERVICE AND LABOUR INSTITUTES
BOMBAY - 400 022.
C O N T E N T S
MODEL FACTORY RULES
- Chapter I – Preliminary Rule Subject Page No. - 1. Short title, extent and commencement - 2. Definitions - 2A. Competent Persons - 3. Submission of Plans - 4. Approval of Plans - 5. Certificate of Stability - 6. Application for registration & grant of licence - 7. Grant of Licence - 8. Renewal of licence - 9. Amendment of licence
- Transfer of licence
- Procedure on death or disability of licensee
- Loss of licence
- Payment of fees
- Prohibition of use of premises as factories
- Notice of occupation
- Notice of change of Manager
- 16A. Guidelines, Instructions and Records
- Chapter II - Inspecting Staff
- Qualifications of an Inspector
- Powers of an Inspector
- Duties of Certifying Surgeon
- Chapter III – Health
- Record of White washing
- Cleanliness of walls and ceilings
- Disposal of trade wastes and effluents
- Ventilation and temperature
- When artificial humidification not allowed
- Provision of Hygrometer
- Exemption from maintenance of hygrometers
- Copy of Schedule to rule 23 to be affixed
- Temperature to be recorded
- Specification of hygrometer
- Thermometer to be maintained in efficient order
- Inaccurate thermometer not to be used without fresh certificate
- Hygrometer not to be affixed to wall etc.
- No readings to be taken
- How to introduce steam for humidification
- Lighting of interior parts
- Prevention of glare
- Powers of Chief Inspector to exempt
- Quantity of drinking water
- Source of supply
- Means of supply
- Cleanliness of well or reservoir
- Report from Health Officer
- Cooling of water
- Latrine to conform to public health requirements
- Privacy of latrines
- Sign boards to be displayed
- Urinal accommodation
- Urinals to confrom to public health requirements
- sewerage system 50. Certain latrines and urinals to be connected to
- While washing, colour washing of latrines and urinals
- Construction and maintenance of drains
- Water taps in latrines
- Number and locations of spittoons
- Type of spittoons
- Cleaning of spittoons
- Chapter IV _ Safety
- Further safety precautions
- machinery in motion 58. Register of workers employed for work on or near
- Employment of young persons on dangerous machines
- Hoists and lifts
- Lifting machines, chains, ropes and lifting tackles
- Pressure vessels or plant
- Water sealed gas holder
- Excessive weights
- Protection of eyes
- Minimum dimension of manholes
- Exemptions
- Fire Protection
- safety Officers
- Buildings and structures
- Machinery and plant
- Methods of work
- Stacking and storing of materials, etc.
- Ovens and driers
- Shipbuilding and ship repairing
- Reaction vessels and kettles
- Examination of eye sight of certain workers
- Railways in factories
- Safety Committee
- Quality of Personal Protective Equipment
- Protective Equipment
- Thermic fluid heaters
- 82A. Site Appraisal Committee
- 82B. Health and Safety Policy
- 82C. Collection and Development and Dissemination
- 82D. Disclosure of information to workers of information
- 82E. Disclosure of information to general public
- 82F. Disclosure of information to the local authority
- 82G. Disclosure of information to District Emergency Authority
- 82H. Disclosure of information to the Chief Inspector
- 82 I. Emergency Plan
- 82 J. Disaster Control and Management Plan
- 82K. Information on Industrial Wastes
- 82L. Review of the information furnished to workers, etc.
- 82M. Confidentiality of Information
- 82N. Medical Examination
- 82O. Occupational Health Centres
- 82P. Ambulance Van
- 82Q. Decontamination facilities
- 82R. Making available health records to workers
- 82S. Qualification, etc. of supervisors
- 82T. Issue of Guidelines
- Chapter V – Welfare - 83. Washing facilities - 84. Facilities for keeping clothing - 85. First-aid appliances - 86. Notice regarding first-aid - 87. Ambulance room - 88. Canteens - 89. Dining Hall - 90. Equipment - 91. Prices to be charged - 92. Accounts - 93. Managing Committee - 94. Annual medical examination - 95. Shelters, rest rooms and lunch rooms - 96. Creches - 97. Wash rooms - 98. Supply of milk and refreshments - 99. Clothes for creche staff
- Exemption from the provisions of creches
- Welfare Officers
- Chapter VI - Working Hours of Adults
- Compensatory holidays
- Muster roll for exempted workers
- Notice of periods of work for adults
- Register of adult workers
- or management 106. Persons defined to hold positions of supervisors- Persons defined to hold confidential positions
- positions or position of supervision or management 108. List to be maintained of persons holding confidential
- Exemption of certain adult workers
- Chapter VII - Employment of young persons
- Notice of periods of work for children
- Register of child workers
- Chapter VIII - Leave with wages
- Register of leave with wages
- Leave Book
- Medical certificate
- Notice to Inspector of involuntary unemployment
- Notice by worker
- Notice of leave with wages
- Payment of wages of the worker who dies
- under Section 119. Register to be maintained in case of exemption
- Chapter IX - Special Provisions
- Dangerous manufacturing processes or operations
- Notification of accidents and dangerous occurrences
- Notice of poisoning or disease
- Chapter X – Supplemental
- Procedure in appeals
- Display of notices
- Returns
- Service of notices
- Information required by the Inspectors
- Permissible levels of certain chemical substances
- in work environment
- Muster roll
- Register of accidents and dangerous occurrences
- Maintenance of Inspection book
- Information regarding closure of factories
- Forms 125 –
- Schedules to Model Rule 120 under Sec.87 171 –
(2) The Chief Inspector may recognise an institution of repute, having persons possessing qualifications and experience as set out in the schedule annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the Rules made thereunder, as a ‘competent person’ within such area and for such period as may be specified. (3) The Chief Inspector on receipt of an application in the prescribed form from a person or an institution intending to be recognised as a ‘competent person’ for the purposes of this Act and the Rules made thereunder, shall register such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant recognise the applicant as a ‘competent person’ and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefore. (4) The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency …………. (i) if he has reason to believe that a competent person (a) has violated any condition stipulated in the certificate of competency; or (b) has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made thereunder; or has omitted to act as required under the Act and the Rules made thereunder; or (ii) for any other reason to be recorded in writing. Explanation: For the purpose of this Rule, an institution includes an organisation. (5) The Chief Inspector may, for reasons to be recorded in writing, require recertification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may be, which has been certified by a competent person outside the State. Form of Application for grant of Certificate of Competency to a person under sub-rule (I) of 2A.
- Name
- Date of Birth
- Name of the Organisation (if not self-employed)
- Designation
- Educational qualification (copies of testimonials to be attached)
- Details of professional experience (in chronological order) Name of the Organisation Period of Service Designation Area of Responsibility
- Membership, if any, of professional bodies
- (i) Details of facilities (examination, testing, etc.) at his disposal. (ii) Arrangements for calibrating and maintaining the accuracy of these facilities.
- Purpose for which Competency Certificate is sought (section or sections of the Act should be stated).
- Whether the applicant has been declared as a competent person under any statute (if so, the details)
- Any other relevant information.
- Declaration by the applicant.
I, …………………., hereby declare that the information furnished above is true. I undertake (a) that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving the aforesaid organisation, I will promptly inform the Chief Inspector; (b) to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions or as per National Standards; and (c) to fulfill and abide by all the conditions stipulated in the certificate of competency and instructions issued by the Chief Inspector from time to time. Place & Date Signature of the applicant : Declaration by the Institution (if employed) I, …………………., certify that Shri …………………… whose details are furnished above, is in our employment and nominate him on behalf of the organisation for the purposes of being declared as a competent person under the Act. I also undertake that I will. (a) notify the Chief Inspector in case the competent person leaves our employment; (b) provide and maintain in good order all facilities at his disposal as mentioned above; (c) notify the Chief Inspector any change in the facilities (either addition or deletion) Signature Designation Telephone No. Official Seal Date: Form of Application for grant of Certificate of Competency to an Institution under sub-rule (2) of Rule 2A.
- Name and full address of the Organisation
- Organisation’s status (specify whether Government, Autonomous, Co-operative, Corporate or Private)
- Purpose for which Competency Certificate is sought (specify Section(s) of the Act)
- Whether the Organisation has been declred as a competent person under this or any other statute. If so, give details.
- Particulars of persons employed and possessing qualification and experience as set out in Schedule annexed to sub-rule (1) of Rule 2A. S.No. Name and Designation Qualifications Experience Section(s) and the Rules under which Competency is sought for.
- Details of facilities (relevant to item 3 above) and arrangements made for their maintenance and arrangements made for their maintenance and periodic calibration.
- Any other relevant information.
- Declaration: I, …………………….. hereby, on behalf of …………………. Certify the details furnished above are correct to the best of my knowledge. I undertake to ----
Section 112 – Certificate of stability for buildings Engineering; or equivalent testing or repairs of structures; ii) Knowledge of non-destructive testing, various codes of practices that are current and the effect of the vibrations and natural forces on the stability of the building; and iii) Ability to arrive at a reliable conclusion with regard to the safety of the structure or the building.
- Rules made under Section 21(2) – “Dangerous Machines” Degree in Electrical or Mechanical or Textile Engineering or equivalent. a minimum of 7 years experience in- a) design or operation or maintenance; or b) testing, examination and inspection of relevant machinery, their guards, safety devices and appliances. (ii) he shall – a) be conversant with safety devices and their proper functioning; b) be able to identify defects and any other cause loading to failure; and c) have ability to arrive at a reliable conclusion with regard to the proper functioning of safety device and appliance and machine guard. Guages for measurement; instruments for measurement of speed and any other equipment or device to determine the safety in the use of the dangerous machines.
- Section 28 – Lifts and Hoists A degree in Electrical and /or Mechanical Engineering or the equivalent (i) A minimum experience of 7 years in- (a) design or erection or maintenance; or (b) inspection and test procedures of lifts and hoists; (ii) He shall be – (a) Conversant with relevant codes of practices and test procedures that are current; (b) Conversant with other statutory requirements conversing the safety of the Hoists and Lifts; (c) able to identify defects and arrive at a reliable conclusion with regard to the safety of Hoists and Lifts. Facilities for load testing, tensile testing, guages equipment/ gadgets for measurement and any other equipment required for determining the safe working conditions of Hoists and Lifts.
- Section 29 – Lifting Machinery and Lifting Tackles Degree in Mechanical or Electrical or Metallurgical Engineering or its equivalent A minimum experience of 7 years in- (a) design or erection or maintenance; or (b) testing, examination and inspection, of lifting machinery, chains, ropes and lifting tackles. He shall be – (a) Conversant with the relevant codes of practices and test procedures that are current; (b) Conversant with fracture mechanics and metallurgy of the material of Facilities for load testing, tensile testing, heat treatment, equipment/gadget for measurement, gauges and such other equipment to determine the safe working conditions of the lifting machinery tackle.
construction; (c) Conversant with heat treatment/ stress relieving techniques as applicable to stress bearing components and parts of lifting machinery and lifting tackles; (d) capable of identifying defects and arriving at a reliable conclusion with regard to the safety of lifting machinery, chains, ropes, and lifting tackles. Section 31 – ‘Pressure Plant’ Degree in Chemical or Electrical or Metallurgical or Mechanical Engineering or its equivalent. A minimum experience of 10 years in (a) design or erection or maintenance, or (b) testing, examination and inspection of pressure plants. He shall be – (a) Conversant with the relevant codes of practices and test procedures relating to pressure vessels; (b) Conversant with statutory requirements concerning the safety of unfired pressure vessels and equipment operating under pressure; (c) Conversant with non-destructive testing techniques as are applicable to pressure vessels; (d) able to identify defects and arrive at a reliable conclusion with regard to the safety of pressure plants. Facilities for carrying out hydraulic test, non- destructive test, gauges equipment/ gadgets for measurement and any other equipment or gauges to determine the safety in use of pressure vessels.
(^) Section 36
Precautions against dangerous fumes Rules made under Sections 41 & 112 concernin g ship- building and ship repairs, Handling and processing of asbestos, Master’s degree in Chemistry, or a degree in Chemical Engineering. (i) a minimum of 7 years in collection and analysis of environmental samples and calibration of monitoring equipment; He shall – (a) be conversant with the hazardous properties of chemicals and their permissible limit values; (b) be conversant with the current techniques of sampling and analysis of the environmental contaminants; and (c) be able to arrive at a reliable conclusion as regards the safety in respect of entering and carrying out hot work. Meters, instruments and devices duly calibrated and certified for carrying out the tests and certification of safety in working in confined spaces.
(b) plans, in duplicate, drawn to scale showing - (i) the site of the factory and immediate surroundings including adjacent building and other structures, roads, drains, etc.; and (ii) the plan, elevation and necessary cross-sections of the various buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery, aisles and passageways; and (c) such other particulars as the Chief Inspector may require. (3) If the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act he shall, subject to such conditions as he may specify, approve then by signing and returning to the applicant one copy of each plan; or he may call for such other particulars as he may require to enable such approval to be given.
- Certificate of Stability.- (1) No manufacturing process shall be carried on in any building of a factory constructed, reconstructed or extended, or in any building which has been taken into use as a factory or part of a factory until a certificate of stability in respect of that building in the form given below has been sent by the occupier or manager of the factory to the Chief Inspector, and accepted by him. Form of Certificate of Stability
- Name of the factory .....................................
- Village, town and district in which the factory is situated ......................................
- Full postal address of the factory ......................................
- Name of the occupier of the factory ......................................
- Nature of manufacturing process to be carried on in the factory .....................................
- Number of floors on which workers will be employed ...................................... I certify that I have inspected the building/buildings, the plans of which have been approved by the Chief Inspector in his letter No.... ............ dated ......... and examined the various parts including the foundations with special reference to the machine, plant etc., that have been installed. I am of the opinion that the building/buildings which has/have been constructed/reconstructed/extended/taken into use is/are in accordance with the plans approved by the Chief Inspector in his letter mentioned above, that it is/they are structurally sound and that its/their stability will not be endangered by its/their use as factory/part of a factory for the manufacture of .......... for which the machinery, plant, etc. installed are intended. Signature .............................. Qualifications ......................... Address ............................... Date ................................. If employed by a company or association, ) name and address of the company or ) association ) (2) The Certificate of Stability referred to in sub-rule (1) shall be signed by a competent person.
- Applications for registration and grant of licence.- The occupier of every factory shall submit to the Chief Inspector an application in triplicate in Form 6 for the registration of the factory and grant of a licence :
Provided that the occupier of premises in use as a factory on the date of the commencement of these rules shall submit such application within 30 days from the date of commencement of these rules.
- Grant of licence.- (1)A licence to work a factory may be granted by the Chief Inspector in Form 3 prescribed for the purpose and on payment of the fees specified in the schedule hereto. Provided that, where the Chief Inspector refused to grant or renew a licence, he shall record in writing the reasons for such refusal and communicate the same to the occupier. (2) Every licence granted under this chapter shall remain in force upto the 31 st^ of December of the year for which the licence is granted. SCHEDULE
Kilowatts Maximum number of persons to be employed on any day installed during the year (Maximum ----------------------------------------------------------------------------------------------------------------------- Kilowatts) 20 50 100 | | | | | | | | ---------------------------------------------------------------------------------------------------------------------------------------- Rs Rs Rs Rs Rs Rs Rs Nil 10 50 100 .... ....
- Renewal of licence.- (1) A licence may be renewed by the Chief Inspector. (2) Every application for the renewal of a licence shall be in Form 2, in duplicate, and shall be made not less than two months before the date on which the licence expires, and, if the application is so made, the premises shall be held to be duly licenced until such date as the Chief Inspector renews the licence. (3) The same fee shall be charged for the renewal of a licence as for the grant thereof : Provided that if the application for renewal is not received within the time specified in sub-rule (2), the licence shall be renewed only on payment of a fee 25 percent in excess of the fee ordinarily payable for the licence. (4) Every licence renewed under this rule shall remain in force upto the 31 st^ December of the year for which the licence is renewed.
- Amendment of licence.- (1) A licence granted under rule 7 or renewed under rule 7 may be amended by the Chief Inspector. (2) A licensee who desires to have his licence amended shall submit it to the Chief Inspector with an application stating the nature of the amendment and reasons therefor. (3)The fee for the amendment of a licence shall be ...... rupees plus the amount (if any) by which the fee that would have been payable if the licence had originally been issued in the amended form, exceeds the fee originally paid for the licence : Provided that no amendment fee shall be payable when the amendments are proposed simultaneously with the application for the renewal of the licence;
GUIDELINES, INSTRUCTIONS AND RECORDS
(1) Without prejudice to the general responsibility of the occupier to comply with the provisions of Section 7(A), the Chief Inspector may, from time to time, issue guidelines and instructions regarding the general duties of the occupier relating to health, safety and welfare of all workers while they are at work in the factory. (2) The occupier shall maintain such records, as may be prescribed by the Chief Inspector, in respect of monitoring of working environment in the factory. CHAPTER II : Inspecting Staff Rules prescribed under sub-section (1) of Section 8
- Qualifications of an Inspector.- No person shall be appointed as an Inspector for the purpose of the Act unless he possesses the qualifications as hereunder :- (a) he must not be less than 23 years or more than 35 years of age; (b) he must have – (i) had a good general education up to the pre-degree standard of a recognised university; (ii) secured a degree, or diploma equivalent to a degree of a recognised university, in any branch of engineering, technology or medicine and preferably with practical experience of at least two years in a workshop or a manufacturing concern of good standing and in the case of Medical Inspector an experience of at least two years in a public hospital or factory medical department or alternatively a diploma in Industrial Medicine; and (c) where for a particular post special knowledge, to deal with special problems, is required, the Government may, in addition to the basic qualifications, prescribe appropriate qualifications for such a post. Rules prescribed under Section 9
- Powers of Inspectors.- An Inspector shall, for the purpose of the execution of the Act, have power to do all or any of the following things, that is to say – (a) to photograph any worker, to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any building or room, any plant, machinery, appliance or apparatus, any register or document, or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory; (b) in the case of an Inspector who is a duly qualified medical practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the Act; and (c) to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector. Rules prescribed under sub-section (4) of section 10
- Duties of Certifying Surgeon.- (1) For the purpose of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the manager of factories situated within the local limit assigned to him. (2) The Certifying Surgeon shall issue his certificates in Form 5. The foil and counterfoil shall be filled in and the
signature or the left thumb impression of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under section 69. All counterfoils shall be kept by the Certifying Surgeon for a period of at least 2 years after the issue of the certificate. (3) The Certifying Surgeon shall, upon request by the Chief Inspector, carry out such examination and furnish him with such report as he may indicate, for any factory or class or description of factories where- (a) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing therein; or (b) by reason of any change in the manufacturing process carried on, or in the substances used therein, or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process; or (c) young persons are, or are about to be, employed in any work which is likely to cause injury to their health. (4) For the purpose of the examination of persons employed in processing covered by the rules relating to dangerous operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the rules relating to such dangerous operations. (5) At such visits, the Certifying Surgeon after examining a worker, shall issue a Certificate of Fitness in Form
- The record of examination and re-examinations carried out shall be kept in the custody of the manager of the factory. The record of each examination carried out under sub-paragraphs (1) and (2), including the nature and the results of the tests, shall also be entered by the Certifying Surgeon in a health register in Form 24. (6) If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that process, he shall suspend such person from working in that process for such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the health register. (7) The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or is likely to be employed. (8) The manager of a factory shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.
(g) Parts in which coal, coke, oxide of iron, ochre, lime or stone is crushed or ground. (h) Parts of walls, partitions, ceilings or tops of rooms which are at least 6 meters above the floor. (i) Ceilings or tops of rooms in print works, bleach works or dye works, with the exception of finishing rooms or warehouses. (j) Inside walls of oil mills below a height of 1.5 meters from the ground floor level. (k) Inside walls in tanneries below a height of 1.5 meters from the ground floor level where a wet process is carried on. Part B
- Coach and motor body works.
- Electric generating or transforming stations.
- Engineering works.
- Factories in which sugar is refined or manufactured.
- Foundries other than foundries in which brass casting is carried on.
- Gun factories.
- Shipbuilding works.
- Those parts of factories where unpainted or unvarnished wood is manufactured. Rules prescribed under sub-section (2) of Section 12
- Disposal of Trade Wastes and Effluents.- The arrangements made in every factory for the treatment of wastes and effluents due to the manufacturing processes carried on therein shall be in accordance with those approved by the relevant Water and Air Pollution Boards appointed under the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control Of Pollution) Act, 1981 and other appropriate authorities. Rules prescribed under section 13
- Ventilation and temperature.- (1) Limits of temperature and air movement.- In any factory the maximum wet-bulb temperature of air in a workroom at a height of 1.5 meters above the floor level shall not exceed 30 degrees centigrade and adequate air movement of at least 30 meters per minute shall be provided; and in relation to dry- bulb temperature, the wet-bulb temperature in the workroom at the said height shall not exceed that shown in the schedule annexed hereto, or as regards a dry-bulb reading intermediate between the two dry-bulb readings that specified in relation to the higher of these two dry-bulb readings : SCHEDULE Dry-bulb Temperature Wet-bulb temperature 30 to 34o^ C 29 oC 35 to 39oC 28.5oC 40 to 44oC 28 oC 45 to 47oC 27.5oC Provided that if the temperature measured with a thermometer inserted in a hollow globe of 15 centimetres diameter coated mat black outside and kept in the environment for not less than 20 minutes exceeds the dry-bulb temperature of the air, the temperature so recorded by the globe thermometer shall be taken in place of the dry- bulb temperature. Provided further that when the reading of the wet-bulb temperature outside in the shade exceeds 27 degrees centigrade, the value of the wet-bulb temperature allowed in the schedule for a given dry-bulb temperature may be correspondingly exceeded to the same extent. Provided further that this requirement shall not apply in respect of factories covered by section 15 and in respect of factories where the nature of work carried on involves production of excessively high temperatures referred to in clause (ii) of sub-section (1) to which workers are exposed for short periods of time
not exceeding one hour followed by an interval of sufficient duration in thermal environments not exceeding those otherwise laid down in this rule. Provided further that the Chief Inspector, having due regard to the health of the workers, may in special and exceptional circumstances, by an order in writing exempt any factory or part of a factory from the foregoing requirement, in so far as restricting the thermal conditions within the limits laid down in the schedule are concerned, to the extent that he may consider necessary subject to such conditions as he may specify. (2) Provision of thermometers. - (a) If it appears to the Inspector that in any factory, the temperature of air in a workroom is sufficiently high and is likely to exceed the limits prescribed in sub-rule (1), he may serve on the manager of the factory an order requiring him to provide sufficient number of whirling hygrometers or any other type of hygrometers and direct that the dry-bulb and wet-bulb readings in each such workroom shall be recorded at such positions as approved by the Inspector twice during each working shift by a person especially nominated for the purpose by the manager and approved by the Inspector. b) If the Inspector has reason to believe that a substantial amount of heat is added inside the environment of a workroom by radiation from walls, roof or other solid surroundings, he may serve on the manager of the factory an order requiring him to provide one or more globe thermometers referred to in the first proviso in sub-rule (1) and further requiring him to place the globe thermometers at places specified by him and keep a record of the temperatures in a suitable register. (3) Ventilation .- (a) In every factory the amount of ventilating openings in a work-room below the eaves shall, except where mechanical means of ventilation as required by clause (b) below are provided, be of an aggregate area of not less than 15% of the floor area and so located as to afford a continued supply of fresh air: Provided that the Chief Inspector may relax the requirements regarding the amount of ventilating openings if he is satisfied that having regard to the location of the factory, orientation of the workroom, prevailing winds, roof height and the nature of manufacturing process carried on, sufficient supply of fresh air into the workroom is afforded during most part of the working time. Provided further that this requirement shall not apply in respect of workrooms of factories – (i) covered by section 15; or (ii) in which temperature and humidity are controlled by refrigeration. (b) Where in any factory owing to special circumstances such as situation with respect to adjacent buildings and height of the buildings with respect to floor space, the requirements of ventilation openings under clause (a) of this sub-rule cannot be complied with or in the opinion of the Inspector the temperature of air in a workroom is sufficiently high and is likely to exceed the limits prescribed in sub-rule (1) he may serve on the manager of the factory an order requiring him to provide additional ventilation either by means of roof ventilators or by mechanical means. (c) The amount of fresh air supplied by mechanical means of ventilation in an hour shall be equivalent to at least six times the cubic capacity of the workroom and shall be distributed evenly throughout the workroom without dead air-pockets or undue draughts caused by high inlet velocities. (d) In the regions where in summer (15th^ March-15th^ July) dry-bulb temperatures of outside air in the shade during most part of the day exceed 35 degrees centigrade and simultaneous wet-bulb temperatures are 25 degrees centigrade or below and in the opinion of the Inspector the manufacturing process carried on in the workroom of a factory permits thermal environments with relative humidity of 50% or more, the Inspector may serve on the manager of the factory an order to have sufficient supply of outside air for ventilation cooled by passing it through water sprays either by means of unit type of evaporative air coolers (desert coolers) or,