FE Rules 5

धारा 5 · Exemption of certain adult workers [Section 64]

(1)

Adult workers engaged in factories, specified in column 2 of the Schedule given below on the work specified in column 3 are exempted from the provisions of the sections specified in column 4 subject to the conditions, if any, specified in column 5 thereof.

(2)

Except in the case of urgent repairs covered by item 1 of the said Schedule in which case conditions (a), (c) and (e) shall not apply, the exemption shall be subject to the following conditions, namely :-

(a)

in case of exemption from sections 51 and 54, no worker shall work for more than ten hours in a day or sixty hours in a week;

(b)

in the case of exemption from section 55, sufficient time though not fixed, shall be given for meals to the satisfaction of the Inspector concerned;

(c)

the total number of hours of overtime worked shall not exceed fifty hours for any one quarter;

(d)

the payment of wages for overtime work done shall be paid as required by section 59; and

(e)

the spread over inclusive of intervals for rest shall not exceed twelve hours in any one day.

The Schedule(See Rule 5)

Section empowering the grant of exemption	Class of factories	Nature of work	Extent of exemption	Conditions
1	2	3	4	5
64(2)(a) and 64(3)	All factories	Urgent repairs The following shall be considered to be urgentrepairs, namely:-(a) repairs to any part of themachinery, plant or structure of a factory which are of such anature that delay in their execution would involve danger tohuman life or safety or the stoppage of manufacturing process;	Sections 51, 52, 54, 55, 56 and 61	(i) No worker shall be employed for more than fifteen hours onany one day or thirty-nine hours during any three consecutivedays of seventy hours during each period of seven consecutivedays commencing from his first employment on such repairs;
		(b) break-down, repairs to motive power transmission or otheressential plant of the factories, collieries, railways, tramways,motor transport, gas, electrical generation and transmission,pumping or a similar essential or public utility services carriedout in general engineering works and foundries and which arenecessary to enable such units to maintain their mainmanufacturing processes production or service during normalworking hours; and		(ii) within twenty four hours of the commencement of the work,notice shall be sent to the Inspector describing the nature ofthe urgent repair stating the names of persons employed and theexact time of commencement of work and the probable period forits completion. A copy of the above notice shall be displayed ata conspicuous place in the factory before the workers are engagedon urgent repairs;
		(c) repairs in connection with a change of motive power forexample, from steam to electricity or vice versa, when such workcannot possibly be done without stoppage of the normalmanufacturing process; and"Periodical cleaning "isnot included in the terms "examining" or "repairing".		(iii) Exemption from the provisions of section 54 shall applyonly in the case of male adult workers(iv) No worker shall beemployed for more than 14 consecutive days without a rest of 24hours.
64(2)(b) and 64(3)	(1) All factories	(i) Work in the machine, smithy or foundry shops in connectionwith the mill gearing, electric driving or lighting apparatus,mechanical or electrical lifts or steam or water pipes or pumps;	Sections 51, 54, 55, 56 and 61	The exemption shall be granted only in respect of a limitednumber of persons to be given by the Chief Inspector onapplication by the Manager through the Inspector concerned.
		(ii) Work of examination or repairing any machinery or part ofthe plant which is necessary for carrying on the work in thefactory; and	Sections 51, 54, 55, 56 and 61	The exemption shall be granted only in respect of a limitednumber of persons to be given by the Chief Inspector onapplication by the Manager through the Inspector concerned.
		(iii) Work in engine room, boiler houses and furnaces inrolling mills such as lighting fires, in order to generate steamor gas preparatory to the commencement of regular work in thefactory.	Sections 51, 54, 55, 56 and 61.	The exemption shall be granted only in respect of a limitednumber of persons to be given by the Chief Inspector onapplication by the Manager through the Inspector concerned.
	(2) Iron, Steel, Brass or Copper Rolling Mills.	Work in connection with roll changing	Sections 54, 55, 56 and 61.	The exemption shall be granted only in respect of a limitednumber of persons to be given by the Chief Inspector onapplication by the Manager through the Inspector concerned.
64(2)(c) and 64(3)	All factories.	(i) Work performed by workers on lighting, ventilating andhumidifying apparatus;	Sections 51, 54, 55, 56 and 61	A notice describing the system of work, change of shifts andgrant of weekly holidays, shall be sent to the Inspector and theChief Inspector in advance and no change shall be made withoutprior intimation to the Inspector and Chief Inspector and furthersubject to the provisions of sections 61 and 63.
		(ii) Work performed by fire pumpmen; and(iii) Workersengaged in loading or unloading or transporting raw materials orfinished articles in factories where such work is intermittent.		A notice describing the system of work, change of shifts andgrant of weekly holidays, shall be sent to the Inspector andChief Inspector in advance and no changes shall be made withoutprior intimation to the Inspector and the Chief Inspector andfurther subject to the provisions of sections 61 and 63.
64(2)(d) and 64(3)	(1) All factories except those specified below	Work relating to continuous process declared as such by ChiefInspector	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to hisduty, a shift worker be allowed to work the whole or part of asubsequent shift:
Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of commencement of thesubsequent shift, a notice shall be sent to the Inspectordescribing the circumstances under which the worker is requiredto work the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(2) Oil tank installations	Work connected with pumping operations	Sections 51, 52. 54, 55, 56 and 61	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(3) Hydro or Thermal Power generating or transforming stations	Continuous work for generating or transforming electricity	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspectordescri-bing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(4) Sugar factories	(i) Work relating to the extractions of juice from the cane,clarification, evaporation or boiling juice(ii) Curing ofmassecuite; an(iii) Bagging	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift;
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed.
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspectordescribing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(5) Distilleres	Work relating to fermentation and distillation	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspectordescribing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(6) Chemical factories	(i) Work connected with burning of sulphur, ammoniation,chlorination, carbonation, preparation and purification of gases;and	Sections 52, 54 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift;
		(ii) Work on reactors		Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of subsequent shift a noticeshall be sent to the Inspector describing the circumstances underwhich the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(7) Hydrogeneration of oil factories	Work of refining, bleaching, filtering, deodourising,generation of hydrogen, compression of gases and filling ofcylinders	Sections 52, 54 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which
				the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworker only.
	(8) Paper factories	Work on choppers, kneaders, digestors, strainers, washers,beaters, paper making machines, pumping plant, reelers andcutters	Sections 52, 54 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworker only.
	(9) Rubber tyres factories	Work on curing	Sections 51, 54, 55 and 56	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the workers shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(10) Municipal, Public and Railway water and sewerage Pumpingstations	All workers engaged in continuous process work	Sections 52 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift : Provided that, -(i) the next shift of theworker shall not commence before a period of sixteen hours haselapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(11) Tanneries, Work of Soaking, liming, washing, bathing,tanning and drying of hide and skins	Sections 52 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(12) Bricks	Work on kiln burners	Sections 52 and 56	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the
				whole or part of a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(13) Roller Flour Mills	All work	Sections 52 and 56	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(14) Soap	Working on soap boiling and soap drying pans	Sections 52 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(15) Textile Dyeing Factories	Work connected with dyeing, bleaching, finishing and printing	Sections 51, 52, 54, 55 and 56	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift:
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(16) Rayon Silk	All work connected with manufacture of acerone and celluloseacetate producer gas, acetic acid, aldehyde cellulose dope	Sections 51, 52, 54, 55 and 56	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift;
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,des-cribing the
				circumstances under which the worker is required to work inthe subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
	(17) Glass factories	Moulding and blowing	Sections 52 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift ;
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the circumstances under which the worker is requiredto work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only
	(18) Enamelling works	Work in furnace enamelling	Sections 52 and 55	In the absence of a worker who has failed to attend to hisduty, a shift worker shall be allowed to work the whole or partof a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before aperiod of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of thesubsequent shift, a notice shall be sent to the Inspector,describing the
				circumstances under which the worker is required to work inthe subsequent shift; and
				(iii) the exemption shall be restricted to the male adultworkers only.
64(2) (d) and 63(3)	(19) Fruit, Vegetables and canning Factories	All workers engaged in continuous process work	Sections 51, 52, 54, 55, 56 and 61	Exemption from the provisions of section 61 of the Act willapply in so far as it relates to the specifications of theperiods of rest intervals in the notice of work period.
64(2)(d) and 64(3)	(20) Rice Mills	Work of persons engaged in boiling, drying, lifting andstoring of paddy in rice mills	Section 55	Exemption from the provisions of section 61 of the Act, willapply in so far as it relates to the specifications of theperiods of rest intervals in the notice of work period.
64(2)(i) and 64(3)	(21) News paper Printing Press	Breakdown of machinery	Sections 51, 54, 56 and 61	(1)(i) The spread over shall not exceed twelve hours on anyday;
				(ii) Notice shall be given to the Inspector concerned withintwenty-four hours of the occurrence whenever this exemption isavailed of in any emergency; and
				(iii) Exemption from the provisions of section 61 of the Actwill apply in so far as it relates to the specifications of theperiods of rest intervals in the notice of work periods.
				(2) Every such worker shall be allowed adequate time to takelight refreshments or meals at the place of his employment in theroom or place specially provided for the purpose and arranged insuch a manner that it may not cause inconvenience to the workerand at the same time may not require stopping of any plant,machine or process or the normal functioning of the factory.
				(3) A notice describing the system of work, change of shiftsand grant of weekly holidays shall be sent to the Inspector andthe Chief Inspector in advance and no change shall be madetherein without the prior intimation to the Inspector and theChief Inspector and subject further to the provisions of sections61 and 63.
64(2)(j) and 64(3)	(22) All factories	Loading and unloading of railway wagons, lorries and trucks	Sections 51, 52, 54, 55 and 61	(1) (i) The spread over shall not exceed twelve hours on anyday;
				(ii) Notice shall be given to the Inspector concerned withintwenty-four hours of the occurrence whenever this exemption isavailed of in any emergency; and
				(iii) Exemption from the provisions of section 61 will applyin so far as it relates to the specifications of the periods ofrest, intervals in the notice of work periods.
				(2) Every such worker shall be allowed adequate time to takelight refreshment or meals at the place of his employment in aroom or a place specially provided for the purpose and arrangedin such a manner that it may not cause inconvenience to the workand at the same time may not require stopping of any plant,machine or process or normal functioning of the factory.
				(3) Every worker shall be allowed at least one weekly holidayin every week on the average and whenever in any week thepermitted hours of
				work daily or weekly exceed, extra wages for overtime on anyparticular day or in any particular week shall be paid inaccordance with the provisions of section 59.
64(2)(k) and 64(3)	(23) All factories	Any work which is notified by the State Government in OfficialGazette, as a work of national importance	Sections 51, 52, 54, 56 and 61	(1) (i) The spread over shall not exceed twelve hours on anyday;(ii) Notice shall be given to the Inspector concernedwithin twenty-four hours of the occurrence whenever thisexemption is availed of in any emergency; and
				(iii) Exemption from the provisions of section 61 will applyin so far as it relates to the specifications of the periods ofrest, intervals in the notice of work periods.
				(2) Every such worker shall be allowed adequate time to takelight refreshments or meals at the place of his employment in aroom or a place specially provided for the purpose and arrangedin such a manner that it may not cause inconvenience to the workand at the same time may not require stopping of any plant,machine or process or normal functioning of the factory
				(3) Every worker shall be allowed at least one weekly holidayin every week on the average and whenever in any week thepermitted hours of work, daily or weekly exceed, extra wages forovertime on any particular day or in any particular week, shallbe paid in accordance with the provisions of section 59.

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