Occupational Safety, Health and Working Conditions (Central) Rules, 2020 பணிப் பாதுகாப்பு,நலன் மற்றும் பணி நிலைமைகள் சட்டம், 2020க்கான ஒன்றிய விதிகள், 2021 (2)

                                                இரண்டாம் பகுதி தொடர்ச்சி...

                                                                     CHAPTER-XI 

                                                                        MINES

                    96.               Qualification and appointment of manager under sub-section(1) of section67.-                                No mine shall beopened,re-openedorworked unlessithasadulyappointedmanager,who                                                hasthefollowingqualificationsspecified in the table below, namely:-

 

Typeofmine (1)	Averagematerialhandledoroutputor production of the mine (2)	EssentialQualificationforthemanager (3)
Undergroundcoalmines	(a)Productioninexcessof2,500 tonnes per month.	AFirstClassManager‘sCertificateof competency (Coal).
	(b)Productionnotexceeding2,500 tonnes per month	A First Class Manager‘s Certificate(Coal) or Second Class Manager‘s Certificate of competency (Coal).
OpencastCoalMines:	(a)Inexcessof20,000cubicmetreper month of material handled	A First Class Manager‘s Certificate of competency (Coal) or a First Class Manager‘s Certificate of competency restricted to mines having open cast workings only (Coal) .
	(b) Not exceeding 20,000 cubic metre material handled per month	A First Class Manager‘s Certificate of competency (Coal) or a First Class Manager‘s Certificate of competency restricted to mines having open cast workings only (Coal) or Second Class Manager‘s Certificate of competency (Coal) or Second Class Manager‘s Certificate of competency restricted to mines having opencast workings only (Coal).
Under ground metalliferousmines:	(a)      Averageoutputinexcessof 1,250 tonnes	AFirstClassManager‘sCertificateof competency (Metal).
	(b)Averageoutputnotexceeding1,250 tonnes	A First Class Manager‘s Certificate of competency (Metal) or Second Class Manager‘s                 Certificate                                    of competency(Metal).
Opencast                 metalliferous mines:	(a) Average monthly material handled in excess of 20,000cubic meter	A First Class Manager‘s Certificate of competency (Metal) or a First Class Manager‘s Certificate of competency restricted to mines having open cast workings only (Metal).
	(b) Average monthly material handled notexceeding20,000cubicmeter	A First Class Manager‘s Certificate of competency (Metal) or a First Class Manager‘s Certificate of competency restricted to mines having open cast workingsonly(Metal)orSecondClass Manager‘s Certificate of competency (Metal)orSecondClassManager‘s

 

		Certificate of competency restricted to mines having open cast workings only (Metal).
Minehavingbothopencast and underground workings	Allcoalandmetalmines	First Class Manager‘s Certificate of competency (Coal or Metal as the case may be)
Oilmines	Alloilmines	A degree or diploma in engineering or post-graduation in physics or geophysics or geology or chemistry of an educational institution recognized by the Central Government and has experience in the management and supervision ofoperations in oil mines for a period of not less than fifteen years in case of diploma in engineering and ten years in othercases.

 

97.               Codenottoapplyincertainminesundersection68.-TheprovisionoftheCode,exceptthose contained in section 35,38, 40,41and44 shall not apply to –

(i)   anymineorpartthereofinwhichexcavationisbeingmadeforprospectingpurposesonlyandnotforthe purpose of obtaining minerals for use and sale:

Providedthat–

(a)       notmorethantwentypersonsareemployedonanyonedayinconnectionwithanysuchexcavation;

(b)      thedepthoftheexcavationmeasuredfromitshighesttoitslowestpointnowhereexceedssix meters or, in the cases of an excavation in coal, fifteen meters; and

(c)       nopartofsuchexcavationextendsbelowsuperjacentground; or

(ii)   any mine engaged in the extraction of kankar, murram, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glasss and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earth, fullers earth, marl, chalk and limestone:

Providedthat-

(a)   theworkingdonotextendbelowsuperjacentground;or

(b)   whereitisanopencastworkings-

(i)           thedepthoftheexcavationmeasuredfromitshighesttoitslowestpointnowhereexceedssix meters;

(ii)         thenumberofpersonsemployedonanyonedaydoesnotexceedfifty;and

(iii)       Explosivesarenotusedinconnectionwiththeexcavation.

(2)   As soon as an establishment becomes a mine, the employer of the mine shall give notice electronically, to the Inspector cum Facilitator within seven days from the date it becomes a mine.

(3)   Notwithstanding anything contained in sub-rule (1) the Central Government may by an order in writing require that all provisions of the Code shall be applicable, in such mine or part thereof subject to such conditions asmay specify therein.

 

98.      Initialandperiodicalmedicalexaminationsundersub-section(3)ofsection70.-(1)theowner,agentor

managerofeverymineshallmakearrangementsfor –

(a)     Initialmedicalexaminationofeverypersonseekingemploymentina mine.

(b)     Periodicalmedicalexaminationofeverypersonemployedinamineannually.

(2) The periodical medical examination or the X- Ray examination or both, shall be conducted at more frequent intervals if the medical examining authority deems it necessary to confirm a suspected case of a dust related disease.

  

99.      Examiningauthorities.-(1)Themedicalexaminationreferredtoinrule92shallbecarriedoutbya qualified medical practitioner in the employment of the owner of the mine or duly assigned for this purpose by the owners of group of mines, or by any Government medical officer.

(2)Theexaminingauthorityshallbe trainedinOccupationalHealthcourseincludingInternational Labour Organisation (ILO) Classification of chest Radiograph duly recognized by the Central Government.

  

100.              Notice of medical examination.- (1) In respect of initial medical examination the owner, agentor manager shall give at least seven days‘ prior notice in writing to the person to be examined, in Form to be notified by the Chief Inspector cum Facilitator (Central). A copy of every such notice issued shall be sent by the owner, agent or manager to the examining authority.

(2)      In respect of periodical medical examination the manager shall give at least twenty days prior notice in writing to the person to be examined, in Form to be notified by the Chief Inspector cum Facilitator. A copy of every such notice issued shall be sent by the owner, agent or manager to the examining authority along with previous medical certificates issued, pertaining to the persons concerned.

(3)     A person, who for any reasonable cause, fails to submit himself for the medical examination in accordance with the notice issued to him, shall be given a second notice of a minimum period of ten days in Form to be notified by the Chief cum Facilitator, by the manager and a copy of every such notice shall be sent by the manager to the examining authority.

(4)   The examining authority shall inform the manager whether the person concerned has appeared for medical examination or not within one week from the date fixed for medical examination in the second notice.

101.   Failure to undergo medical examination.- A person who without reasonable cause, fails to submit himself for medical examination in accordance with the notice issued to him shall be liable to be discharged from service:

Provided thataperson who rendershimself so liableto bedischarged for failureto submit himselffor medical examination shall be required to show cause why he could not comply with the notice within the time specified therein. If his explanation is found satisfactoryby the management; he shall be given another chance to appear for medical examination. In case his explanation is not found satisfactory by the management, his service shall be terminated by the management.

                                102.                Standardandreportofmedicalexamination.-                                                                                (1)Theexaminingauthorityholdinginitialmedical examination shall examine a                                                    person according to the  standards laid down in Form –VA.

(2)   The examining authority holding periodical medical examination shall examine a person according to the standard laid down in Form-VA.

(3)   As soonas maybe, after examinations, copyofthe medical certificate in Formto be notified bythe Chief Inspector cum Facilitator, shall be issued by the examining authority to the person concerned electronically or by Registered post or delivered under receipt and another copy be sent to the owner, agent or manager of the mine concerned electronically or by registered post or delivered under receipt.

(4)   The examining authority shall retain the third copy of the medical certificate in physical and in electronic format.

(5)   In the case of periodical medical examination of person, the examining authority shall also send the copy of previous medical certificates of the person concerned, back to the manager of the mine concerned.

 

                            103.               Retention and transfer of medical certificates.-(1) All medical certificates                                   including all medical examinationrecordswith medicalhistoryand                                                              jobdetailstodepict the occupationaldustexposureprofileofpersons employed or to be                                     emshall be retained in the possession of the manager of the mine so long as the person is                                  employed in the                      mine and for a period of five years thereafter:

Provided that the manager of a mine where such person is or was employed shall, if so requested by the manager of any other mine where the person is to be employed, send to him all medical certificates with respect to such person.

(2) If the examining authority who conducts medical examination of persons employed or to be employed in any mine is relieved of his duties regarding medical examination, such examining authority shall transfer all records of medical examination in his possession to the manager of the mine concerned.

 

                            104.               Identity of candidates.-The examining authority, shall record the Aadhar                                             number and signature of every candidate appearing before it for medical                                                         examination on the copies of the medical certificate.

 

105.               Medical Examination of women.-A woman employee shall preferablybe examined by a female medical practitioner. In case a female qualified medical practitioner is not available, the woman employee shall bemedically examined by a male qualified medical practitioner only in the presence of another woman.

 

                106.                   Appeal for re-examination.- (1) Where as a result of an initial medical                                         examination, or of periodical medical examination, a person has been declared unfit for                             employment in mines or in particular category of mines or in any specified operations in mine ,                   he    may, within thirty days of the receipt by him of a copy of the certificate, file an appeal                          with             the                 owner, agent or manager in case of initial medical examination and                     the manager of the mine in case                     of periodical medical examination, against the                         declaration aforesaid, and request for a medical re-examination by an appellate medical board                         constituted under rule 100.

(2)   (a) theowner,agent or manager incaseof initial medicalexaminationand manager ofthe mineincaseof periodical medical examination shall forward the appeal to the convener of the appellate medical board within fifteen days of the receipt of the appeal.

(b)      the convener of the appellate medical board shall if the appellant is declared fit for re-medical examination give at least fifteen days prior notice to the owner, agent or manager and also the appellant, of the medical re-examination.

(c)     a person, who for any reasonable cause, fails to submit himself for a medical re-examination shall be given another notice at least seven days in advance.

(3)   In respect of every medical re-examination by the appellate medical board, the appellant shall pay such fees and the medical examination shall be conducted in such manner as may be determined by the appellate medical board. In case the appellate medical board finds him fit for employment in mines, the fees shall be reimbursed in full to the appellant by the owner of the mine where he is employed.

 

                        107.                   Constitution of appellate medical board.- For the purpose of medical re-                                examination on appeal, the appellate medical board shall be constituted by the central                                     government in the following manner, namely;

(a)  AninspectorcumFacilitator(OccupationalHealth),whoshallalsoactastheConveneroftheBoard.

(b)  Two Qualified medical practitioners duly qualified in allopathic system of medicine and in the employment of the State or Central Government or in a Government Undertaking, as nominated by the Chief Inspector cum Facilitator (Central):

Providedthat,theconvenercanco-optanyspecialistdoctoriftheappellatemedicalboardisofthe opinion that such specialist is required to be consulted for specific issues.

 

                        108.                    Standard and report of medical re-examination by the appellate medical                                 board.- (1) The Appellate Medical Board shall medically examine the appellant -

(i)                 inaccordancewiththestandardlaiddowninthe FORM-VAforinitialmedicalexamination;

(ii)               inaccordancewiththestandardlaiddownintheFORM-VAforperiodicalmedicalexamination.

     (2)   Thecertificateofmedicalre-examinationintheFORM,shallbeissuedto-

                (a)   themanagerofthemine,incaseofperiodicalmedicalexamination;

(b)   theowner,agentormanagerincaseofinitialmedicalexamination;

(c)   theappellant;

(3)   Acopyofthemedicalcertificateshallberetainedwiththeconvenor;

109.                   Unfit persons not to be employed.-(1) Where, as a result of an initial medical examination or a periodical medical examination, a person has been declared unfit for employment in mines or in a particular category of mines or in any specified operations in mine, the person, shall not be employed or continue to be employed in mine or in the categoryof mines or on the operations specified, after the expiryof thirtydays fromthe date of his medical examination unless he has filed an appeal against the declaration.

(2)Wherethepersonconcernedhasfiledanappeal,buthas beendeclaredbytheappellate medicalboard,after a medical re-examination, to be unfit for employment in mines or in a particular category of mines or on any specified operations in mines, he shall not be employed or continue to be employed in mine or in the category of mines or on the operations specified, after the expiry of thirty days from the date of his medical re-examination by the appellate medical board:

Provided that, if the qualified medical practitioner carrying out the initial medical examination, or the periodical medical examination, or the appellate medical board carrying out the medical re-examination of persons alreadyin employment is of the opinion that the disability of the person examined is of such a nature and degree that it will not seriously affect or interfere with the normal discharge of his duties, it may recommend his continuationinemploymentinthe mine foraperiodnotexceedingsixmonths,duringwhichsuchpersonmayget his disability cured or controlled and submit himself for another medical examination and be declared fit.

 

                                110.              Cost of medical examination.-The full cost of every medical examination                              under these rules, shall be bornebytheowner ofthe mineconcerned exceptincasethe                                personisdeclared unfitfor employmentin minesafter re-examination by appellate medical board.

                                111.                   Exemptions from hours and limitation of employment under Section                               71.- (1) For the purpose of Section 71 of the Code, the following persons shall be                                             exempted from the provisions of sub-section (1) of section 25, sub-section (1) of section                             26, section 30 and sub-section (1) of section 31 in respect of the following, namely:-

(a)          personholdingpositionofsupervisionormanagementorlikeotherposition,employedina confidential capacity;

(b)         manager,deputymanager,installationmanager,fireofficer,undermanager, underground manager, assistant manager, ventilation officer, safety officer, information technology, instrumentation and communication officials;

(c)          mining,electricalandmechanicalengineer;

(d)         overman,foreman,sirdar,mateandsupervisorinoilmines;

(e)          mechanicalandelectricalforemanandelectricalsupervisor;

(f)          surveyorandassistantsurveyor;

(g)         qualifiedmedicalpractitioner,dresser,compounder,chemist,assayer,metallurgistandwelfareor personnel officer; and

(h)         anyotherpersonwhointheopinionoftheChiefInspectorcumFacilitator(Central)holdsaposition of supervision or management.

112.              Establishment and location of rescue station under section 72.- (1) The Chief Inspector cum Facilitator (Central)maypermit or require the owner of a belowground mine or a group of belowground mines to establish and maintain rescue station, stations with such designs and specifications and at; such place or places as may be considered necessary in consultation with the owner:

Providedthatwheretherearebelowgroundminesbelongingtomorethanoneowner,theChief

Inspector cum Facilitator (Central)may permit or require two or more owners to jointly establish a common rescuestation:Provided further thatalltheexistingrescuestationsasonthedate of; cominginto force ofthese rule, shall continue to function for a period of three years from that date.

(2)     At every rescue station, there shall be appointed one superintendent and at least two instructors and also, there shall be maintained a rescue brigade of not less than eighteen rescue trained persons.

(3)    Incase wheretheabsence ofthesuperintendentatarescuestationexceeds60 days,theowner shallappoint another superintendent.

(4)    The owner shall, on the same dayof assumption or relinquishment of charge bythe Superintendent, inform the Chief Inspector cum Facilitator (Central) and the Inspector cum Facilitator of the region where the mine is situated.

113.          Functionsofrescuestations.-Thefunctionsofrescuestationshallinclude:-

(i)          impartinginitialtraininginrescueandrecoverywork;

(ii)        impartingrefreshertrainingtorescuetrainedpersons;

(iii)      providingsupportbyitsownrescueteamsandequipmentincaseofmajoraccidentsorlonglasting rescue and recovery operations; and

(iv)      carryingoutthefunctionsofrescueroominrespectofthesebelowground mineswherethereisno rescue room.

 

114.        Establishment and location of rescue rooms.-(1) At every below ground mine where, more than100 persons are ordinarily employed below ground and there is no rescue station within its radius of35 kms, the owner, shall establish and maintain on surface close to mine entrance, a rescue room:

Providedthatitmaybesufficienttoprovideonerescueroomforanumberofmines belonging to the same owner where-

(a)  the total number of persons ordinarilyemployed in belowground workings of all such mines does not exceed 5000; and

(b)  theminesaresituatedwithinradiusof35kmsfromandconnectedbyroadwiththerescueroom:

Provided further that the Chief Inspector cum Facilitator (Central)may permit the owner of a groupof mines having the total number of persons ordinarily employed below ground in excess of 5000, to use the rescue room as a rescue station excepting the functions of imparting initial training in rescue work, if such rescue room is .-

(i)     equippedwithrequisiteadditionalrescueapparatusincludingatleast15extrasetsoftwohourself-contained breathing apparatus; and

(ii)   placedunder the charge ofa personholding the qualifications, experience and like other requirements, of Instructors and minimum of five rescue trained persons of whom at least one shall hold the Qualifications, experience and like other requirements of rescue room in-charge are posted thereat.

(2) At each rescue room, there shall be appointed such number of rescue trained persons as may be necessary and one ofthempossessingthe Qualifications, experience etc. ofrescue roomin-charge who shall be made in-charge ofthe rescue room. At least one rescue trained person shall always be in attendance at the rescue room.

 

115.      Functions of rescue room.-A rescue room shall provide facilities for the storage, assembly, testing and adjustments of breathing apparatus and other rescue equipment and apparatus and for their speedy transport to mines.

 

116.      Qualifications,experienceetc.ofSuperintendent.-Nopersonshallbeappointedassuperintendent unless he-

(i)     isarescuetrainedperson;

(ii)   has5yearspracticalexperienceofbelowgroundworkinmines;and

(iii)   holdsaFirstClassManager‘sCertificateofatypenotrestrictedtoopencast workings.

 

117.              Qualifications, experience etc., of instructors.- After; the coming into force of these rules, no person shall be appointed as instructor unless he:-

(i)         isarescuetrainedperson;

(ii)       has3yearspracticalexperienceofbelowgroundworkinmines; and

(iii)     holdsamanager‘scertificateofatypenotrestrictedtoopencastworkings.

118.              Selection of rescue trained persons for posting at rescue stations.- (1) After coming into force of these rules the rescue trained persons for posting at a rescue station shall be selected, from amongst the rescue trained persons employed in mine served by the rescue station, by the superintendent inconsultation with the managers of such mine.

(2)     A person selected under sub-rule(1) shall be posted for not less than one year and not more than five years at a rescue station at any one time.

119.          Qualifications, experience etc. of rescue roomin-charge.- No person shall be appointed as rescue room in-charge unless he-

(i)       isarescuetrainedperson;

(ii)     has3yearspracticalexperienceofbelowgroundworkinmines;and

(iii)   holdsaManager‘s,Overman‘sorForeman‘sCertificateofatypenotrestrictedtoopencastworkings.

 

120.              Equipment.-(1)At every rescue station,thereshall be providedandmaintainedforimmediate use, apparatus and equipment as specified as may be notified by the Central Government.

(2)    Ateveryrescueroomthereshallbeprovidedand maintainedforimmediate use,apparatusandequipmentas may be notified by the Central Government.

(3)     A below ground mine, where no rescue room is located, there shall be apparatus and equipment as may be notified and shall be maintained at the entrance of such mine.

(4)     Self- contained breathing apparatus shall be provided at a rescue station and that at rescue rooms under itshall be of the same type and make.

(5)     The following apparatus and equipment‘s provided in pursuance of sub-rules (1),(2) and (3), shall be of atype or standard approved by the Chief Inspector cum Facilitator (Central), namely:-

(a)     breathingapparatus;

(b)     smokehelmetsandapparatusservingthesamepurpose;

(c)     revivingapparatus;

(d)     electricsafetylampsandflamesafetylamps;

(e)     gasdetector;and

(f)    self-rescuers.

(6)     Allbreathing apparatus and every flow metershall be adjustedand testedand thepurity of oxygenforuse in breathing apparatus shall be tested in such manners as may be notified by the Central Government.

(7)      In case of an accident in a below ground mine arising out of the use of any rescue apparatus, a written report thereofshall be sent, within24 hours of suchaccident, bythe manager ofthe mine to the ChiefInspector cum Facilitator (Central) and Inspector cum Facilitator in the form, as may be notified by the Central Government.

(8)  In case of an accident in a rescue station or rescue room arising out of the use of any rescue apparatus awritten report thereof shall be sent electronically, within 24 hours of such accident, by the Superintendent to the Chief Inspector cum Facilitator (Central) and Inspector Cum Facilitator in the form, as may be notified.

(9)      No absorbent charges, chemicals, self-rescuer and gas detector tubes shall be kept at any rescue station, rescue room or below ground mine for use beyond the expiry date, which shall be legibly marked on the boxes thereof.

 

121.              Duties and responsibilities of Superintendent.- (1) The superintendent shall be in overall control of the rescue station and the rescue rooms served by such rescue station.

(2) The superintendent shall ensure that all the rescue equipment and apparatus kept at the rescue station, rescue rooms and at the entrance of the below ground mine under his control are-

(a)    maintainedinperfectworkingorder;

(b)    inspectedbyinstructorsatspecifiedintervals;and

(c)    testedandadjustmentsaremadeaccordingly.

(3)    Thesuperintendentshallensurethatadequatestockofsparepartsandsuppliesarekeptfor maintaining rescue equipment and apparatus in perfect working order.

(4)    Thesuperintendentshallcountersigntherecordsmaintained.

(5)      The superintendent shall ensure that persons selected for initial training and those undergoingrefresher training receive the course of instructions and practices as may be approved by the Central Government and are issued the certificates for the same.

(6)    The superintendent shall make periodical inspection of rescue rooms and the apparatus and equipment under his control.

(7)     In the event of an emergency at a below ground mine, superintendent shall perform such rescueand recovery work as may be assigned to him by the manager or in his absence by the principalofficial present at the surface. He shall send a dailyreport and a complete reportwithin twentyfour hours after completion of the rescue or recovery work to the Inspector cum Facilitator or the Chief Inspector cum Facilitator (Central).

(8)    The superintendent shall maintain in a bound paged book a diaryand shall record therein the results of each of his inspections and also the action taken by him to rectify the defects observed during inspection.

 

122.          DutiesofInstructors.-(1)Underthedirectionofsuperintendent,theinstructorshall-

(a)       impart course of instructions and practices to persons selected for training in rescue and recovery work as well as to rescue trained persons and maintain a record thereof; and

(b)      makeinspection,testandadjustmentofrescueequipmentandapparatusandmaintainarecordthereof.

(2)   In the event of an emergency at a below ground mine, instructor shall perform such rescue and recovery work as may be assigned to him by the manager or in his absence by the principal official present at thesurface.

(3)   Instructorshallnotleavetherescuestationwithoutpriorpermissionofthesuperintendent.

(4)   Intheabsenceofthesuperintendent,theinstructorshallbein-chargeoftherescuestation.

 

123.          Dutiesandresponsibilitiesofrescueroomin-charge.-Everyrescueroomin-chargeshall-

(a)    displayprominentlyalistofminesservedbyhisrescueroom;

(b)   maintaintheequipmentandapparatuskeptattherescueroominperfectorder;

(c)    maintain a proper record of all rescue equipment and apparatus kept at the rescue room and inspectionthereof; and

(d)   notallowanyunauthorisedperson;toenterinto,orpermitanyunauthorisedpersontotakeoutany apparatus or equipment from the rescue room.

 

124.          Dutiesofrescuetrainedpersonspostedatrescuestation.-Therescuetrainedpersonshall

(a)    obeyorderofthesuperintendentandinstructorandassistthemindischargeoftheirfunctions;

(b)   attendtomessages,telephonecallsandwirelessandmaintainrecordthereof;

(c)    maintaintherescuestationinneatandtidycondition;

(d)   maintaintheequipmentandapparatuskeptattherescuestationinperfectorder;

(e)    performrescueandrecoveryworkinmine; and

(f)    notleaverescuestationwithoutobtainingpermissionfromthesuperintendent.

 

125.          Dutiesofrescueroomattendant.-Everyrescueroomattendantshall-

(a)       notleavetherescueroomuntilrelievedbyasubstitute;

(b)     not allowany unauthorised personto enter inor to take out anyapparatus or equipment fromthe rescue room;

(c)       attendtotelephonecallsandmaintainarecordthereof;

(d)      maintaintherescueroominneatandtidycondition;and

(e)       obeyordersoftherescueroominchargeandassisthimindischargeofhisfunctions.

 

126.              Telephone Communication.- Every mine shall be connected telephonically with the rescueroom and rescue station serving the mine. Wherever practicable wireless communication shall also be provided:

Provided that where there is no telephonic communication system, the Chief Inspector cum Facilitator (Central) may by an order in writing and subject to such conditions as he may specify therein, approve any other means of communication.

 

127.              Rescue tracings.-There shall be kept at a below ground mine, more than three legible tracings of the working of the mine upto a date not before three preceding months. The tracing shall show the system of ventilation in the mine, and in particulars, the general direction of air-current, every point where the quantity of air is measured, every air-crossing, ventilation-door stopping, booster fan and any other principal device for regulation and distribution of air, fire-dams, preparatory stoppings, every fire-fighting equipment, every water-dam with dimensions and other particulars of construction, every pumping, telephone and ambulance station, every room used for storing inflammable material, reserve stations and every haulage and travelling roadway.

 

128.              Appointment of rescue trained persons in mines, their disposition and accommodation. (1) The manager of a below ground mine, where more than 100 persons are ordinarilyemployed, shall ensure that at least 5 rescue trained persons are readily available at surface at any time.

(2)   The manager of a below ground mine,where more than 500 persons are ordinarily employed, shall also ensure that persons on a scale of one man for every 100 persons or part thereof are rescue trained persons.

(3)   Itshallbetheresponsibilityoftheownertoprovidesuitableaccommodation-

(i)           closetotherescuestationtotheSuperintendent,Instructorsandmembersofrescuebrigade;

(ii)         closetorescueroomtorescueroomin-chargerescuetrainedpersonsandattendantsattachedtoit; and

(iii)      close to belowground mine entrance to rescue trained persons other than those specified in clauses ( i ) and (ii).

(4)   There shall be provide data below ground mine effective bell or the arrangements, as may be approved by the Inspector cum Facilitator, for immediate summoning of rescue trained persons.

 

129.          Selectionofpersonsfortraininginrescuework.-Nopersonshallbeselectedfortrainingi

rescuework,unless-

(i)          he is between 21 and 40 years of age and holds a valid First-aid certificate of the standard of the Saint John Ambulance Association (India);

(ii)        he is certified by the Manager that he has sufficient underground experience for the purpose of rescue work;

(iii)      he is certified by a qualified medical practitioner, as may be designated by the Manager after examination in accordance with the standard as maybe notified bythe Central Government, to be free from any organic disease or weakness and to be fit for undertaking rescue work; and

(iv)      he is considered by the superintendent of rescue station, after such examination and interview as he considers necessary, to be suitable for rescue work with breathing apparatus.

 

130.              Instructions and practices etc.-(1) Every person selected for training in rescue work shall undergo the course of instructions and practices as set out in the scheduleas may be notified by the Central Government, until he has passed and has; been certified as efficient by the superintendent .

(2)  Rescue trained person shall undergo practices and receive instructions as set out in the schedule may be notified by the Central Government.

(3)  A record shall be kept at every rescue station of all persons undergoing practices and receiving instructions. Such record shall contain:-

(i)        thedateandthecharacterofeachpractice:

(ii)     the medical condition of each person after the practice, and if anything abnormal was observed in his condition, whether it was due to a defect of the apparatus or to that person ; and

(iii)      anyotherrelevantinformation.

131.              Medical examination etc. of rescue trained person.- Every rescue trained person shall be re-examinedonceat least in everytwelve monthsbya qualified medicalpractitioneras maybedesignatedby the manager in accordance with the standard as specified in FORM VA and in case he is declared medically unfit, he shall cease to be a rescue trained person with effect from the date he has been so declared.

 

132.              Suspension of rescue trained persons.-If in the opinion of the owner, agent, manager or an Inspector cum Facilitator, a rescue trained person is incompetent or is guilty of negligence or misconduct in the performance of his duties, the owner, agent, manager or Inspector cum Facilitator, as the case may be, may after giving such person an opportunity to give a written explanation, suspend him from or debar him for, undertaking any rescue and recovery work.

 

133.              Duties of Manager etc. in emergency.- (1) On receivinginformation of anyemergency likelyto require the services of a rescue team, the manager, or in his absence the principal official present at the surface, shall immediately-

(a)    informtherescueroomortherescuestationsservingtheminefornecessaryassistance;

(b)   summonrescuetrainedpersonemployedinthemine;

(c)    inform the owner, agent or manager of nearby mines to make available the services of rescue trained persons employed therein: if so required;

(d)   inform the rescue station about the nature of the occurrence; stating whether assistance would be needed from the rescue station;

(e)    summonmedicalassistance;and

(f)    sendinformationoftheoccurrencetotheInspectorcumFacilitator.

(2) All rescue and recovery work at a below ground mine shall be conducted under the control, direction and supervision of the manager of the mine or in his absence the principal official present at the surface.

Providedthatintheeventofamajoremergency,suchasignition,explosion,bigundergroundfire

or an accident involving a number of persons, the manager or the principal official shall, in taking decisions regarding rescue and recovery operations, take guidance from a group consisting of a senior official of the management , a representative each from the Director General of Mines Safety, concerned rescue station and the recognised Union of the Workers, so however that he must take necessary decisions and direct the operations as the situation warrants, without waiting for the constitution or deliberations of the said group.

 

134.              Accommodation at the below ground mine for persons engaged in rescue work.- Whenever rescue trained persons are engaged in rescue or recovery work at a below ground mine, there shall be provided at such mine suitable accommodation for storage and charging of apparatus required for that work. Such accommodation shall be situated at a convenient place near the entrance in use, and shall be properlyventilated and lighted. Adequate quantity of cool and wholesale drinking water and food shall be provided for the rescue workers.

 

135.              Entry into below ground mines for rescue or recovery work.- (1) No person shall be allowed to enter a below ground mine or part thereof which is unsafe for the purpose of engaging in rescue or recovery work, unless authorised by the manager or in his absence by the principal official of the mine present at the surface. Only rescue trained persons shall be permitted to enter the mine for the purpose of using self-contained breathing apparatus.

(2) During the course of rescue or recovery work, person or persons shall be stationed at the entrance tothe below ground mine and shall keep a written record of all persons entering and leaving such mine, and the time thereof.

 

136.              Freshairbases.-(1) As soon aspossible, baseor basesshallbeestablished infreshair,as near to the irrespirable zone or zones as safety permits, every such base shall, if possible be connected by telephone:

(i)     ifthebaseisbelowgroundtothesurface;or

(ii)   ifthebaseisonthesurface,to theshaftbottom.

(2)  Except in cases where the delay involved may result in danger to life, rescue trained persons shall not proceed beyond any place where a base is to be established until there have been provided at such base:-

(a)    twopersons,ofwhomoneshallbeaqualifiedmedicalpractitionerifpracticable,andothershallbea rescue trained person;

(b)   aspareteam;withrescueapparatus,readyforimmediateservice;

(c)    oneormorerevivingapparatus,oxygenreviversandlikeotherapparatus,

(d)   firstaidboxand stretcher,

(e)    meansoftestingforcarbonmonoxide;

(f)    ahygrometer;and

(g)    twoflamesafetylamp.

(3)   Whenever menarealreadyatworkbeyond thefreshair base,thereshallbeprovided atthebaseassoonas possible the persons, apparatus and equipment.

 

137.              Leader.- Everyrescue team engaged in work with breathing apparatus in a mine shall be under a leader who shall be appointed by the superintendent.

 

138.              Instructions to leader.- Prior to sending a rescue team underground, the superintendent or a person authorized by him shall give clear instructions to the leader of the team as to where it shall go and what it shall attempt.

 

139.              Testofapparatus.-Beforeproceedingbelowgroundtheleadershalltestorwitnessthetestingof

self-contained breathing apparatus of the team for leakage. No such apparatus shall be used unless it is found safe. He shall check the equipment of his party and immediately before entering irrespirable atmosphere shall make sure that all breathing apparatus are working properly.

 

140.              Duties of leader below ground.- (1) The leader shall not be engage in manual work. He shall give his attention solely to directing the team and to maintaining its safety. He shall examine the roof and supports during the journey, and if there is any likelihood of fall at any place along the roadway, then, he shall not proceed further until the team has made the place secure.

(2)    Theleadershallkeeptheteamtogetherandshallnotallowanymemberoftheteamtostray.

(3)     If the atmosphere is clear, the leader shall, when passing the junction of two or more roadways, clearly indicate the route by means of arrow marks in chalk. If the atmosphere is obscure, the leader shall see that alife line is laid in from the fresh air base, and shall not allow any member of the team to move out of reach of that line; or, if that course is impracticable, he shall not proceed until every roadway branching of from the route is fenced across the whole opening.

(4)     When using rescue apparatus, the leader shall carry a watch, shall record the pressure of the compressed oxygen at every intervals of 20 minutes, and shall commence the return journey in ample time. During travelling he shall adopt the pace of slowest member and if any member of the team is in distress, shall immediately return to the fresh air base with the whole team.

(5)    The leader shall not permit any member of the team using breathing apparatus in a mine to remain at work at any one time for a period longer than one and half hours or such other period as may be specified by the Chief Inspector-cum-Facilitatorin respect of the breathing apparatus being used.

 

141.              Rescue team members and their duties.-(1) The number of persons in any rescue team using breathing apparatus in a mine shall not be less than five and not more than six, including the leader.

(2)     In case there is no provision in any of the breathing apparatus carried by the rescue team for extension for supply of oxygen to another person in an emergency; the team shall carry a self-rescuer.

(3)     Members of rescue team shall in general, use the signals as may be notified by the Central Government, incommunicating to one another.

(4)     In travelling with rescue apparatus on, every member of the team shall keep the place given to him when numbering off. If the pace is too quick or if distress is felt, the member shall at once call attention to the fact.

(5)    Every member of a rescue teamengaged in work with breathing apparatus in mine shall obeythe order of the leader of the team.

 

142.              Restriction of second spell of works.- No person shall commence a second or ;subsequent spell of work in irrespirable atmosphere without being examined and found fit by a qualified medical practitioner.

 

143.              Obligationof owner, agent and manager in certainsituations.-Whenever emergencyarisesat a below ground mine, whether served by a rescue room or rescue station or not, the owner, agent or manager may seek assistance or additional assistance as the case may be from the nearest rescue room or rescue station and in such an event:-

(a)    allpossibleassistanceshallbepromptlyrenderedbytherescueroomorrescuestation;and

(b)     theownerofthemineshallpaytotheowneroftherescuestationorrescueroom,renderingsuch assistance, the full cost of rescue services and facilities borrowed.

 

144.              General management.- It shall be the responsibility of the owner to establish, maintain and ensure proper functioning of rescue room or rescue station as required under these rules, to appoint Superintendent,instructors,rescueroomin-charge,rescuetrainedpersons,andtoprovidenecessaryrescue equipment and apparatus as may be necessary for compliance with the provisions of these rules.

 

145.              Power to relax.-Where in the opinion of the Chief Inspector-cum-Facilitator, the conditions pertainingto a mine or rescue station or rescue roomare suchas to render compliance withanyprovisions containedintheserules,unnecessaryorimpracticable,he maybyanorderinwritingandsubjecttosuch conditions as he may specify thereingrant exemption from the said provisions.

 

146.     Vocational Training under Section 72.- If any question or dispute arises as to whether a particular person or class or category of persons is required by these rules to undergo training or not, the same shall be referred to the Chief Inspector-cum-Facilitatorfor decision.

 

147.              Training Scheme.- (1) The Owner of every mine shall ensure that a training scheme comprising of theory and practical, based on the guidelines on the scheme of training, notified by the Chief Inspector-cum-Facilitatorfrom time to time, is prepared and submitted to the Chief Inspector-cum-Facilitatorand Inspector-cum-Facilitatorfor persons employed or to be employed in the mine.

Providedthattheagentoftheminemaysubmitthetrainingschemeapprovedbytheownerinwriting.

(2)     The Chief Inspector-cum-Facilitatoror Inspector-cum-Facilitatormay by an order in writing, require such modification in the training scheme as he may specify therein.

(3)    Theschemereferredtoinsub-rule(1)shallinclude,butnotlimitedto,thefollowingprovisions,namely:-

(i)                       initialtrainingforthepersonstobeemployedinthemines;

(ii)                     refreshertrainingforthepersonsalreadyemployed;

(iii)                   trainingincaseofintroductionofnewtechnology,equipmentorchangeinworkprocedure;

(iv)           assessingcurrentcompetenciesofapersonemployedinthemineandpriorlearning,in establishing the person‘s training needs;

(v)         assessingthetrainingneedsofpersonsworkinginminesforthesafeperformanceofthemining operations;

(vi)                   appointingpersonswhoarecompetenttogivetrainingandassessemployees‘competencies;

(vii)           keepingandauditingrecordsofassessmentundertakenandtrainingimparted;

(viii)     therelevantstandards,modulesoranyotherguidelinesissuedinthisbehalfbytheChief Inspector-cum-Facilitatorfrom time to time; and

(ix)            coursematerialonvarioustopicsfordifferentcategoriesofpersonsfordeliveringlecturesin vocational training centre.

148.        Constitutionanddisposalofbusinessoftheboardofvocationaltraining.-

(1)     Theboardofvocationaltrainingshallconsistof–

(a)                theChiefInspector-cum-Facilitator,whoshallbeitschairperson,ex-officio;

(b)      three members possessing technical qualifications in mining or petroleum engineering and having at least twenty years practical experience one each in coal mines, metal mines, and oil mines to represent each sector appointed by central Government;

(c)       two members possessing technical qualifications in electrical engineering or mechanical engineering or allied engineering and having at least twenty years of practical experience in mines, appointed by Central Government; and

(d)      twomembers serving in an institution imparting education in human resource management at graduation,post-graduationorequivalentlevelandhavingfifteenyearsofexperience,appointedby central Government.

(2)     Every member (other than the chairperson) of the board of vocational training shall hold office for aperiod of three years from the date of the notification appointing him a member of the board of vocational training or until his successor is appointed and takes charge, whichever is later :

Providedthat–

(i)       amembermayatanytimeresignhisoffice;

(ii)     a member appointed under clause(d) ofsub-rule(1) shallceaseto hold office upon hisceasingto serve in any such institution, as is referred to in that clause;

(iii)    apersonappointed to fillavacancycaused byreasonofthe death,resignationofa member,orby reason of ceasing of office under sub-clause (ii), shall hold office for the remaining period for which such member would have, but for such reason, continued as member.

 

(3)   a person who holds, or who has held, office as member of the board of vocational training shall, subject to the other provisions of this rule, be eligible for re-appointment to that office not more than two terms.

(4)     a member oftheboard of vocationaltraining(other than the chairperson) shall receive suchremunerations as the central government may fix.

(5)   an Inspector-cum-Facilitatornominated in this behalf by the chief Inspector-cum-Facilitatorshall act as secretary to the board of vocational training, hereinafter referred to in this rules as the secretary.

(6)    notwithstandinganythingcontainedin thisrule,thecentralgovernmentmay,ifsatisfiedthatitisnecessary so to do in the public interest, re-constitute the board of vocational training even though the term of office ofall or any of the members thereof has not come to an end.

(7)    meetings of the board of vocational training shall be held as and when the chairperson considers them necessary and at least once in six months at a place decided by the chairperson.

(8)     (a) for every meeting of the board of vocational training, the chairperson or secretary shallgive to every member whoisnotabsent fromIndia,apriornoticeofnotlessthantencleardays,intimatingthe time and place of the proposed meeting.

(b)        the notice shall be sent by e mail or delivered at, or posted to the usual place of residence of the member, and each such notice shall be accompanied bya list of items of business to be disposed of at that meeting.

(c)       notwithstanding anything contained in clauses (a) and (b), in case of urgency the chairperson may callat any time, an emergent meeting by intimating the members, only two days in advance, of the time and date of such meeting and the subject matter for discussion at such meeting;

Provided that if at any meeting there is no quorum as specified in Sub-rule (10), the meeting shall stand adjourned to a date which is seven days later or if that day is a public holiday to the next working day. The time, place and agenda for the adjourned meeting shall remain unchanged.

(d)    where the meeting stands adjourned for lack of quorum, it shall be lawful to dispose of the business at such meeting irrespective of the number of members attending.

(9)     (a)thechairpersonshallpresideateverymeetingoftheboardofvocationaltraining.

(b)ifthechairpersonisabsentforanyreason,thechairpersonshallauthorizeamembertopresideoverthe meeting, and the members so authorised shall, for the purposes of that

meeting,haveallpowerofthechairperson.

(10)     no business shall be transacted at a meeting of the board of vocational training unless at least four members, including the chairperson, are present.

(11)              (a) every matter which the board of vocational training is required to consider shall be considered at its meeting, or, if the chairperson so decides, by circulation of the papers, to every member who isnot absent from India.

(b) when any matter is referred to by circulation as aforesaid, any member may request that it shouldbe considered at a meeting of the board of vocational training and the chairperson may direct that it shall be so considered but when two or more members so request, the chairperson shall direct that it shall be so considered at a meeting to be held.

(12)        (a) the secretaryshall place before the board ofvocational training, a list of business to be transacted at the meeting.

(b)nobusinesswhichisnotincludedinsuchlistshallbeconsideredunlessthechairpersonpermits.

(13)        (a) every matter at a meeting shall be decided by the majority of votes of the members present at such meeting.

(b)      every matter referred to the members by circulation under sub-rule (11) shall be decided by the majorityopinionofthe members to whomthe papers were circulated, unless the chairpersonreserves it for consideration at a regular meeting to be held later.

(c)     in case of equal division of votes or opinions of the members, the chairperson shall have a casting vote or opinion.

(14)         (a) the secretary shall record the minutes of each meeting in a bound-paged book kept for the purpose and he shall circulate to all members present in India the copies of such minutes of the meeting.

(b) the minutes so recorded shall beconfirmed at the next meetingof theboard of vocationaltrainingand signed by the chairperson in token thereof.

(15)           (a)thechairpersoninadditiontoanyotherpowersand functionsconferreduponhimunder these rules, shall:-

(i)         present all important papers and matters to the board of vocational training at least ten days before the meeting;

providedthatincaseofurgency,thesubjectmattermaybeplacedbeforetheboardof vocational training two days before the meeting.

(ii)       issueordersforcarryingoutthedecisionsoftheboardofvocationaltraining;

(iii)     havepowertorefer,inhisdiscretion,anymattertothecentralgovernmentforitsorders; and

(iv)     havepowersgenerallytotakesuchactionorpasssuchordersnecessarytoimplementthe decisions of the board of vocational training.

(b) thechairpersonmay,duringhistemporaryabsence byreasonofleaveor otherwise, authorize any member of the board of vocational training to perform all or any of the functions of the chairperson during such absence.

 

149.                       Functions of the Board of Vocational training.— The board of vocational training may-(a) constitute advisory committees to address any matter put before it and for specifying criteria for the mandatory establishment of independent vocational training centre by the owner of amine, standard of training to the persons working in mines to maintain uniform standards.

(b)     specify the manner of ascertaining, by examination or otherwise, the quality of training to the persons, granting certificates by a system of assessment and evaluation.

(c)      specify the manner of ascertaining, by examination or otherwise, the competency of training officers, instructors, trainers and persons acting under them and specifying qualification and experience of training officers, instructors, trainers and persons acting under them.

(d)    specifythescaleofappointmentandmanneroftrainingofinstructorsandtrainers.

(e)     specify the system and standard of training centres, criteria for approval and suspension or cancellation of training centre and auditing and monitoring of all aspects of such training centers.

(f)    specifyingthemannerofassessingtrainingrequirementoftraineesandtheirpost-trainingevaluationprocess.

(g)    specifycriteriaforestablishmentofcommontrainingcentre.

(h)    prescribe fees required to be paid along with the application for approval of vocational training centre under these rules.

(i)    prescribe remuneration or allowances to be paid to an instructor, trainer and like other matters. under theserules.

(j)    make provisions for anyother matter concerning training ofpersonsemployed in mines,referred to theboard of vocational training by the Chief Labour Commissioner (Central).

 

150.              Scope and Standard for Vocational Training.-The owner or agent of every mine shall ensure that every person to be employed in a mine shall, before he is employed, be imparted training as per the training scheme under these rule for such employment:

Provided that in case of a person who is already in employment in other mine, the owner shall ensure that such person is imparted training covering such additional course oftraining as specified under these rules.

 

151.              Scope and standard for Refresher Training.- Every person in employment in a mine shall undergo the refresher training at least once in four years, as per training scheme.

Provided that the Chief Inspector-cum-Facilitatormay by order in writing and subject to such conditions as he may specify there in increase or decrease the interval of Refresher training at a mine.

 

152.              Arrangementforrefreshertraining.-Therefreshertrainingshallbesoarrangedthatthepersons shall undergo training during normal working hours on full day release system:

Provided that the Chief Inspector-cum-Facilitatormay by general or special order in writing subject to conditions as may be specified may exempt any mine from the provisions the of this rule.

 

153.              Special Training.- (1) In case new technology, equipment and system of work is introduced in the mine, the owner or agent or manager shall prepare and submit the training module, at least sixty days before such introduction, to the Chief Inspector-cum-Facilitator, who may at any time, by an order in writing, require such modification in the training module as he may specify therein.

(2) Persons to be employed in aforesaid technology, equipment and system of work shall undergo training as per the training scheme specified under these rules, based on the aforesaid training module.

 

154.              Training of persons after long absence or after an accident or change of job.-Wherever a person returns to employment in amine, after an absence from work for a period exceeding one year or returns to work after being involved in a serious accident or in a dangerous occurrence which could have resulted in threat to life and safety, or is re-employed on a job which is different from what he had been performingearlier he shall undergo trainingbeforeemploymentasper the trainingschemespecified under these rules.

 

155.              Training Centre.—(1) The owner of every mine shall provide and maintain a training centre which shall be adequate for the purpose of imparting the training required to be undergone by the persons who are employed or to be employed in the mine:

Provided that the Chief Inspector-cum-Facilitatormay, by an order and for the reasons to be recorded in writingand subject to suchconditions as he may specifytherein, authorize that a common training Centre may be provided and maintained in respect of two or more mines belonging to the same owner:

(2)    The Chief Inspector-cum-Facilitatormay permit in writing, subject to such conditions as he may specify therein, a common training Centre owned and maintained by a group of owners for imparting training in more than one mine.

Provided that where a commontrainingcentre is established and maintained bya group of owner, the owners of those mines shall nominate one among them to assume the responsibility of owner of the common training centre for management, supervision, direction and control thereat and the nominated owner shall submit notice in writing to the Chief Inspector-cum-Facilitatorand the Inspector-cum-Facilitator.

(3)      Notwithstanding anything contained in sub-rule (1) and sub-rule (2), the Chief Inspector-cum-Facilitator may approve in writing, subject to such conditions as he may specify therein, a training Centre established underany otherlaw forthetimebeing in forcesubjectto having such infrastructureandfacilitiesasnotified

bytheChiefInspector-cum-Facilitatorforimpartingtrainingundertheserules.

(4)       Every application for approval under sub rule (3) shall be made in a proforma and accompanied by a fee prescribed by the board of vocational training and notified by the Chief Inspector-cum-Facilitator.

 

156.              Arrangements for the training centre.—Every training centre shall have such staff, equipment and other facilities as notified by the Chief Inspector-cum-Facilitator.

 

157.              TrainingOfficer.—

(1)      Every training centre shall be placed under the charge of a whole time training officer, possessing qualification and experience, as specified by the board of vocational training and notified by the Chief Inspector-cum-Facilitatorfrom time to time.

(2)     Itshallbetheresponsibilityof theowner or agentofthe mineor theowner ofcommonvocationaltraining centre, as the case may be, to appoint the training officer specified under sub-rule(1).

Provided that in case of an training Centre, the person responsible for the management, control,supervision or direction of the training centre approved by the Chief inspector-cum-Facilitator(hereinafter referred to as owner of approved training centre), shall appoint the training officer.

(3)     Notwithstanding anything contained in sub-rule (1), where the training officer is unable to perform his dutiesbyreasonoftemporaryabsence,illnessor other cause,theowner,agentor manager, asthecase maybe, shall authorize in writing any other person having similar qualifications to act in his place.

Provided that no such authorisation shall have effect for a period exceeding thirty days, except with the previous consent in writing of the Chief Inspector-cum-Facilitatorand subject to such conditions as he may specify therein;

(4)     A written notice of every appointment, discharge, dismissal, resignation or termination of service of a Training officer and of the date thereof shall be sent by the owner or agent to the Chief Inspector-cum-Facilitatorand the inspector-cum-Facilitatorwithin seven days from the date of such appointment, authorization, discharge, dismissal, resignation or termination of service as the case may be.

 

158.         DutiesofTrainingOfficer.—(1)Itshallbethedutyofthetrainingofficer:

i.               to organise and supervise the training of every person undergoing training under him in pursuance of these rules;

j.               torecognizecurrentcompetencyandpriorlearninginestablishingforthetrainingneeds;

k.              to ensure training as per the modules or curriculum prepared under the concerned training schemeframed under these rules for different categories of persons and ensure that the instructors deliverlectures on standard course material;

l.               to maintain records of the training given to every person and to furnish monthly reports to the minemanager on the progress of the personsundergoing training;

m.             tomaintainrecordsofthesupervisioninrespectofthepracticaltrainingonactualoperations; and

n.              todischargesuchotherdutiesasmaybenecessaryforthepropercomplianceoftheserules.

(2) Every training officer shall keep a record of his work and shall, at the end of every year, forward to the Chief Inspector-cum-Facilitatoror Inspector-cum-Facilitatorhaving jurisdiction over the training centre, through the owner, agent or manager of the mine or the owner of a common or approved training centre as the case may be, a summary of the report of his work during the year.

 

159.              Instructors. — The owner or agent of a mine or the owner of a common or approved training centre as the case may be, shall appoint sufficient number of instructors having qualification and experience to impart training in vocational training centre.

Provided that, in special circumstances, officials may be called for fromthe mines, to deliver lectures and for demonstrations at the training centre.

160.              Trainers.—For the purpose of the practical training referred to in these rules, every person to be employedinamineshallbeplacedunder thedirectsupervisionofanexperiencedpersonofanappropriate category, employed on operations and authorized by manager hereinafter referred to as trainer.

 

161.              Qualification of instructors and trainers.- (1) No person shall function as an instructor or trainer unless he possesses qualification, training and experience as specified by the Board of Vocational training and notified by the Chief Inspector-cum-Facilitatorfrom time to time.

(2)InstructorsandTrainersshallbeskilledandexperiencedhavingaptituderequiredfortraining job.

 

162.         DutiesofInstructor.—Theinstructorshall:-

(i)     assessemployeescompetencyanddeliverlecturesonstandardcoursematerial;

(ii)   Maintainrecordsoftraininggiventoeverypersonandtofurnishweeklyreporttothe training officer on the progress of the persons undergoing training.

 

163.   Duties of trainer and persons undergoing training.- (1) The trainers shall be responsible for the safety of the persons undergoing training under him.

(2)   The trainer shall see that the persons put under his charge for training, pick up work, understand the dangers inherent in the job and develop habits, which would ensure safety in mines.

(3)   Thetrainershallseethatthepersonsundergoingtrainingmovewithintheminealongwithhim.

(4)   Every trainer shall see that the persons undergoing training under him, is aware of escape route from the sections where he is likely to work and other emergency response applicable to the trainee.

(5)   Every person undergoing training shall, whilst under training, comply with the directionsof the trainer under whom he is put in charge.

 

164.   Training allowance.- (1) Every trainer shall, in addition to his normal wages, be paid by the owner, agent or manager of a mine, a training allowance for everyday a trainee has worked under his supervision as prescribed by the board of vocational training and notified by the Chief Inspector-cum-Facilitator.

(2) Every Instructor, other than the instructor under regular appointment at the training centre shall, in addition to his normal wages, be paid by the owner, agent or manager a training allowance for every dayhe has imparted training in Vocational Training Centre, as prescribed by the Board of Vocational training and notified by the Chief Inspector-cum-Facilitator.

 

165.   Certificateoftraining.-(1)Everypersonwhoundergoesacourseoftrainingspecifiedintheserulesshall, on completion of the training be assessed and subject to acceptable performance of the trainee, he shall be granted a certificate duly signed by the training officer, in form to be notified by the Chief Inspector-cum-Facilitator.

(2)    Where the training officer is not satisfied with the progress or performance of any trainee, he shall report the same to the manager of the Mine, who may arrange to give him, further training.

(3)   The Manager of every mine shall counter sign and specify date on the certificateafter being satisfied of the successful completion of training.

 

166.         Certificatetobedeliveredtothemanagement.-(1)Everypersonemployedinamineshall–

(i)     ifhehasobtainedtrainingcertificatespriortosuchemployment;and

(ii)   if he has obtained certificates during the course of employment, within such time as may be specified by the manager of the mine, deliver the certificate issued to him under these rules, to themanageroftheminewho shallkeepthecertificateinsafecustodyandissueareceiptforthe same.

(2)Ontheterminationofemployment,certificatedepositedundersub-rule(1)shallbereturnedtothe employee.

167.              Inspection of vocational training centre.-The Chief Inspector-cum-Facilitator or other Inspector-cum-Facilitator, authorised by him in his behalf or the Inspector-cum-Facilitatormay enter, inspect and examine any training centre or any part thereof and make such examination or inquiry as he thinks fit inorder to ascertainwhether the provisions ofthese rules and ofanyorders made there under are being complied with.

168.              Notice of closure or discontinuance of Vocational Training Centre.- When it is intended to close a training centre established under these rules or to discontinue the working thereof for a period exceeding sixty days, the owner, agent or manager of a mine or the owner of a common vocationaltraining centre as the case may be, shall give a notice in the manner and form as may be notified by the Chief Inspector-cum-Facilitatorfor the purpose, to the Chief Inspector-cum-Facilitatorand theInspector-cum-Facilitatorstating the reasons for such closure or discontinuance, not less than thirty days prior to such closure or discontinuance:

Provided that the owner or the agent or the manager of the mines shall give notice forthwith when on account of unforeseen circumstances a training centre is closed or discontinued before the said notice has been given or without previous intention the discontinuance extends a period of sixty days.

 

169.              Onus as to age under section 117.- The medical authorityreferred to in sub-section (2) of 117 shall be a medical practitioner as referred, who possesses any recognised medical qualification as defined in The National Medical Commission Act, 2019 ( 30 OF 2019)and who is enrolled on a Indian Medical Register as defined in clause (e) and on a State Medical Register as defined in clause (l) of section 35, 36, 37 and 40 of the Code.

 

170.   Procedure of inquiry and other related matters under sub-section (4) of section 121.- (1) Wherein any workplace an accident causing death or serious bodily injury takes place or there is an occurrence of any dangerous occurrence or cases of any occupational disease as specified in the Third Schedule to the code has been reported or is suspected to have been contracted, the Central Government, as the case may be, appoint one or more persons possessing legal or special knowledge to act as assessors or competent persons in such inquiry in order to inquire into the causes of the accident or occupational disease.

(2)   The competent person appointed under sub-rule (1) shall carry out the inquiry into the causes of the accident or dangerous occurrence along with identification of the hazardous condition for which he has reasonable evidence to conclude and to be recorded in writing in the inquiry report, has caused theaccidentorthedangerousoccurrenceandalsoidentifythepersonswhichhebelieves,basedonhisfindings, to be responsible for such accident or occurrence, as the case may be,

(3)   The inquiry report shall contain conclusive findings of the inquiry along with the recommendations for prevention of such accidents or dangerous occurrences of occupational diseases containing suggestions for implementation to prevent re-occurrence.

(4)   In case of dock work, any competent person appointed by the Central Government for the purposes of inquiring into the causes of any accident, dangerous occurrence or occupational diseases connected withthe dock work under the provision of section 121 of the Code shall make the inquiry in the following manner, namely:-

(a)   date, time and place of holding the inquiry shall be fixed and may be varied, notice of which shall be given not less than 30 days in writingof suchdate, time and place to everypersonentitled to appear at the inquiry whose name and address are known to the competent person:

 

Providedthat,—

(i)     with the consent of such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and

(ii)   where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent personshall give such notice of the variationas mayappear to it to be reasonable in the circumstances.

(b)   the notice given under clause (a) of this rule shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry.

(c)   without prejudice to the foregoing provisions of this sub-rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject-matter of the inquiry, take one or more of the following steps, namely:—

(i)           publish notice of the inquiry in one or more newspapers, including where appropriate,newspaperscirculatinginthelocalityorareain whichthe subject-matter oftheinquiryarose;and

(ii)         givesuchother noticeoftheinquiryasappearstothecompetentpersontobeappropriate;andthe requirements as to the period of notice contained in clause (a) of this rule shall not apply to any such notices.

 

171.        Personstoappearatinquiry.-(1)Thepersonentitledtoappearattheinquiryshallbe—

(a)             anycompetentpersondefinedinclause(l)ofsub-section(1)of 2;

(b)            anyenforcingauthorityconcerned;

(c)             anyemployers‘associationorTradeUnionofemployees;

(d)            anypersonwhowasinjuredorsuffereddamageasaresultoftheaccident,occurrence, situation, disease or other matter which is the subject of the inquiry, or his representative;

(e)             the owner of any premises in which the accident, occurrence, situation or other matter occurred or arose;

(f)             anypersoncarryingonworkgivingrisetotheaccident,occurrence,situationorothermatter which is the subject of the inquiry; and

(g)            anyotherpersonatthediscretionoftheappointedcompetentpersonmakinginquiry.

 

(2)                   Thefollowingshallrepresentattheinquiry,namely:—

(a)               a corporate body may be represented by its secretary or by any other officer appointed for the purpose, or by counsel or solicitor;

(b)              aGovernmentdepartment,an employers‘associationoraTradeUnionmayberepresentedbya counsel or a solicitor;

(c)               wheretherearetwo or morepersons havinga similar interestin the matter under inquiry, the competent person may allow one or more persons to appear for the benefit of some or all persons so interested.

(2)   Thecompetentpersonappointed bytheCentralGovernment under section121 oftheCode, may,either of his own motion or on the application of any person entitled or permitted to appear, cause to be served on any person appearing to him to be likely to be able to give material evidence or to produce any document likely to be material evidence, a notice requiring that person to attend at the inquiry at the time and place specified inthe notice to give evidence or produce the document.

(3)   A person on whom a notice is served under sub-rule (3) may apply to the competent person either at or before the inquiry to vary or set aside the requirement, and where he does so before the inquiry, he shall give notice of his application to the person, if any, who applied for the notice under sub-rule (3) to be served.

(4)    Except as otherwise provided in these rules, the procedure at and in connection with an inquiry shall be at the discretion of the competent person and contrary to the principles of natural justice who shall state at the commencement of the hearing the procedure which, subject to consideration of any submission by the persons appearing at the inquiry, he proposed to adopt and shall inform those persons what he proposes as regards any site inspection arising out of the hearing.

(5)   In case of mines, the persons appointed to hold inquiry under section 121 shall hold theinquiry in publicin such manner and under such conditions as the Competent person thinks most effectual for ascertaining the causes and circumstances of the accident or other occurrences and for enabling the Competent person to make the report.

(6)   If a court of inquiry finds that the accident was due to any carelessness or negligence on the part of the management, the Competent person may direct the recovery of the expenses of such Competent person including any expenses incurred with the previous sanction of the Competent person and any other expenses connected with the enquiry which the court may direct as recoverable from the owner of the mine concerned,in such manner and within such time as the Competent person may specify.

(7)   The amount directed to be recovered under sub rule (7) may, on application by the Chief Inspector-cum-Facilitatoror an Inspector-cum-Facilitatorto the concerned authority, be recovered from the owner or employer or occupier.

(8) AnInspector-cum-Facilitator nominated inthisbehalf bythe central government, shall act as the Secretaryto the competent person.

(9)       The inquiry or the survey, as the case may be, shall be completed and submitted to the central government, within a period of three months from the date of the order through which it is constituted.

 

172.   Procedure of survey and other related matters under sub-section (4) of section 121.- (1) The Central Government maydirectDirectorateGeneralOccupationalSafetyandHealth(DGOSH)orDirectorate GeneralMinesSafety(DGMS)or anyotherinstitutionunderthecontrolofthecentralGovernment,to appointa committeeto undertakea survey onthesituationrelatingto safetyandhealthatworkatany workplace or class of workplaces or into the effect of work activity on the health of the employees and other persons within and in the vicinity of the workplace in the following manner, namely:-

(a)   a committee to be constituted by Directorate General Occupational Safety and Health or the institution under the chairmanship of Directorate General Occupational Safety and Health for carrying out the survey.

(b)             The committee shall carry out the survey with a view to finding out the status of safety and health at work the workplace and its effect on the workers.

The report of the committee to be submitted to the Central government shall be of status of an inspectionreport and contain conclusive findings of the survey along with the recommendations for improving the status of occupational safety and health for prevention of accidents or dangerous occurrences or occupationaldiseasesasthecase maybe,andcontainingsuggestionsfor implementationthereofforcompliance whichshall be ensured by the Inspector-cum-Facilitator, as the case may be.

 

                                                         CHAPTER XII

                                                             OFFENCES AND PENALTIES

                     173.              Mannerofcompoundingofoffencesbytheauthorizedofficerspecifiedundersub-section

(1)ofsection114.-(1)TheofficernotifiedbytheCentralGovernment forthepurposes ofcompoundingof offences under sub-section (1) of section 114 shall issue electronically a compounding notice to the concernedallegedaccusedpersonfortheoffencefor whichiscompoundableundersectionsub-section(1) of section 114.

(2)                The person so noticed undersub-rule (1)may apply to theofficer electronically and deposit the entirecompounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice.

(3)          The Officer referred to in sub-rule (1) shall issue a composition certificate within ten days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice.

(4)          Ifapersonso noticed failsto depositthecompositionamount withintheone monthbeforetheinstitution of prosecution, the prosecution shall be proceeded with in the competent Court.

(5)       No prosecution shall be instituted without giving an opportunity to the employer to comply with such provisions subjected to proviso of sub-section (1) of section 110 and compounding as under Section 114.

 

Chapter-XIII

Miscellaneous

174.      Grievanceredressalmechanismforcontractlabour.-

1.            The contract labour may submit his grievance(s) relating to health, working conditions and wages, at the level of principal employer, who shall look into the matter and redress grievance(s) if any.

2.            A committee may be constituted consisting of a chairman, who shall be the authorized representative of the principal employer. The committee shall have representatives of principal employer and contractors. The aforesaid commitptee shall hear and dispose off the grievance(s) of the contract labour within a period of one month.

3.            In case, the grievance(s) is not redressed within one month of raising of such grievance(s), the principal employer shall forward the grievance(s) to the concerned Inspector-cum-facilitator electronically or through registered post or speed post.

175.      Annual increment of regular worker of a contractor.- A worker who is regularly employed by the contractor for anyactivityand hisemploymentis governed bymutuallyaccepted standardsoftheconditionof employment shall be such that he gets an annual increment of not less than 2%two percent of his wages.

144                                                                                                                   

                               THE   GAZETTEOF INDIA: EXTRAORDINARY                                                                                                                                                                                    [PARTII—SEC.3(i)]

FORM-I

(Seerule-3)

ApplicationforRegistrationforexistingestablishments/Newestablishment/Amendmentto certificateofRegistration

 

A.  EstablishmentDetails.

1.  RetrievedetailsofEstablishmentthrough LIN:

2.  NameofEstablishment:

3.  LocationandAddressoftheEstablishment:

3a.PAN:

4.  Othersdetailsof Establishment:

a.     TotalNumberofemployeesengageddirectlyintheestablishment:

b.    TotalNumberofthecontractemployees engaged:

c.     TotalNumberofInter-StateMigrantworkersemployed:

5(a)Forfactories:

 

Details of the manufacturing process	Full postal address and situationofthe factory along with plan approvaldetails	Name and address of theoccupier andmanager	Maximum number of workerstobe employed on any day
1	2	3	4

5(b)Formines:

Name of Mineral(s)	Leaseextentof the mine (in Acres)	Name and addressofthe owner	Average Monthly output, targeted (Tonne)	Maximum number of persons to be employedonany day
1	2	3	4	5

    5(c)ForDockwork:

 

Nameofdock Work/Major Port	TypesofDock Works	Name of the Cargohandled and stored along with quantity	Nameofthe chemicals handledand storedalong with quantity	Nameofthe hazardous Chemicals handledand storedalong with quantity
1	2	3	4	5

5(d)Forbuildingandotherconstructionwork:

 

Type of Construction work	Probableperiod of commencement ofwork	Expected period for completionof work	Details of approvalof the local authority
1	2	3	4

6.  OwnershipType/Sector:

7.  ActivityasperNationalIndustrialClassification:

8.  DetailsofSelectedNIC Code:

9.  Identificationoftheestablishmente-sign/digitalsignofemployer/representative:

B.  Detailsof Employer:-

 

1.      Name&AddressofEmployer/Occupier/Owner/Agent/ChiefExecutive/portauthorityetc.:

2.      Designation :

3.      Father’s/Husband’sNameoftheEmployer:

4.      EmailAddress,Telephone&MobileNo.:

C.  Manager/Agent Details

 

1.  Fullname&AddressofManager/AgentorpersonresponsibleforsupervisionandcontroloftheEstablishment

2.  AddressofManager/Agent:

3.  EmailAddress,Telephone&MobileNo.:

D.  ContractorDetails

 

Name and Address Contractor	Emailaddress &Mobile of Contractor	NameofWork	MaximumNo.of Contract labour engaged	Date of Commencement /Probabledateof Completion of work
1	2	3	4	5

 

E.  Others Details:-

 Signature/E-sign/digitalsignof employer 

Dated:-

Place;-

FORM-II

(Seerule-3(1))

Certificateof Registrationof Establishment

RegistrationNo.                                                                                                                                   Date

ACertificateofregistrationcontainingthefollowingparticularsisherebygrantedundersubsection (2)ofsection3ofthe Occupational Safety, Health and Working Conditions Code, 2020(…37.of 2020) to…...................................................................................................................................................................... (Name of the establishment)

1.                  Natureofworkcarriedonintheestablishment(Pleasetick mark)2.

 

(a)       Factory	(b)	Mining
(c)Dockwork	(d)	ContractWork
(e)BuildingandOtherConstructionWorks	(f)	anyotherwork(notcovered above)

 

2.                  Detailsofthe establishment:

a.                   TotalNumberofemployeesengageddirectlyintheestablishment:

b.                  TotalNumberoftheemployeesengagedthroughcontractor ………..

c.                   TotalNumberofContractorsandtheirdetails:

c.         Numberofinter-statemigrantworkers engaged:

3(a)Forfactories

 

Details of the manufacturing process	Full postal addressand situation of the factory along with plan Approval details	Name and address of theoccupier andmanager	Maximum number of workerstobe employed on any day
1	2	3	4

3 (b)Formines

Name of Mineral(s)	Leaseextentof the mine (in Acres)	Name and addressofthe owner	Average Monthly output, targeted (Tonne)	Maximum number of personstobe employedon any day
1	2	3	4	5

3(c)ForDockwork

Name of DockWork / Major Port	TypesofDock Works	Name of the Cargohandled and stored along with quantity	Nameofthe chemicals handledand storedalong with quantity	Nameofthe hazardous Chemicals handledand storedalong with quantity
1	2	3	4	5

3(d)Forbuildingandotherconstructionwork

Type of Construction work	Probableperiod of commencement ofwork	Expected period for completionof work	Detailsofapproval of the local authority
1	2	3	4

4.         Remarksofregisteringofficers

Place:

Date:

 

/SignatureE-Sign/DSCofRegistering Officer

alongwith designation

Conditions of Registration

 

(1)  Everycertificateofregistrationissuedunderrule4shallbesubjecttothefollowingconditions,namely:

(a)  thecertificateofregistrationshallbenon-transferable;

(b)  Thenumberofworkersemployeesemployedinanestablishmentdirectlyandcontractemployeesshallnot,onanyday,exceedthe maximum number specified in the certificate of registration; and

(c)  Saveasprovidedintheserules,thefeespaidforthegrantofregistrationcertificateshallbenon-refundable.

 

(2)   Theemployershallintimatethechange,ifany,inthenumberofworkersemployeesortheconditionsofworktotheregisteringofficer within 30 days.

 

(3)  The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be work is to be executed, intimating the actual date of the commencement or, as the case may be, completion of establishment such work in Form IV annexed to these rules electronically.

(4)  Acopyofthecertificateofregistrationshallbedisplayedattheconspicuousplacesatthepremiseswheretheworkisbeingcarriedon.

FORM-III

(Seerule-3(8))

Registerof Establishment

 

SI.No.	Natureof work	Registration No. and Date	Name and Address, location of the establishment registered	Name, Address and Contact Detailsof Employer	Total number of Workers and Total Horsepower ( if any)	Total number of Contract Workers	Remarks
1	2	2	3	4	5	6
	(a)  Factories (b)  Mines (c)  Dock Work (d)  Building and                other Construction work (e)  Contractwork (f)  Interstate MigrantWork (g)  Anyother work(notcovered above)

 

 

 

FORM-IV

(Seerule-3(9)andrule-5)

A-NoticeofCommencement/completionofwork/cessationofEstablishment:

1.      RegistrationNo:

2.      NameandAddressof Establishment:-

3.      NameandDesignationofemployer/Portauthority(whohasultimatecontrolovertheaffairsoftheestablishment:-

4.      Fulladdresstowhichcommunicationrelatingtotheestablishmenttobesent:-

5.      Natureofworkoftheestablishment:-

6.      Incaseofthenoticeisforcommencementofworktheapproximatedurationofwork:-

7.      incaseofcompletionofwork/cessationofestablishment,thedateofcompletion/cessation:

I/Weherebyintimate that thework of establishmenthavingregistration No..................................................................................................................................................................... dated

……………………………………    is    likely     to    commence/cessation     is     likely     to    be                                                            completed   with                                     effect           from

…………………………………………………….(Date)/On............................................. (Date)

 

Incaseof cessationofwork:

 

I/weherebycertifythatthepaymentofallduesto theworkersemployedinthe establishmenthasbeenmadeandthepremisesare kept free from storage of hazardous chemicals and substances.

 

Signatureof the Employer

 

To,

 

TheInspector-cum-Facilitator

 

FORM-V

(rule-6)

HEALTHEXAMINATION

(Exceptmine employees)

PART –A(Sl.No.1-11):Tobefilledbythe Employee:

1.Nameofemployee………………………………………………2.Sex….…..3.Age(withDOB)……..

 

4.   Company………………………………….5.Designation……………………………….5a.UAN:……………

6.  In-chargeEmployer/Executive Contacts…………………………………

7.  Completepersonal/plantAddress…………………………………

 

8.  Mobile/Phone………………………………………………9.Email…………………………………

 

10.    Medicalillness(Current)andundertreatment&medication,Ifany………………………………

 

11.    NatureofJob(furnishmoredetails,ifhazardousandwork-relatedviz.Physical,Chemical,Biological,Ergonomicetc)

………………………………………

 

Date:                                                                                                         SignatureofEmployee

 

PART-B:

 

12.  MedicalTestCarriedout&ReportstobeAttached asAnnex.MedicalOfficer’sinterpretation/OpinionoftheTests below(Toindicate only if abnormal , referring the attachedTest reports) :

a.      Ht.Wt.Chest,WaistCircumference,BodyMassIndex: ……………………

b.      Vision(Ophthalmologisttests):

i.            VisualAcuitybothRight&lefteyes ………………………….

ii.            Colour Vision………………………………………………..

 

c.       BloodPressure………………………………………..

d.      CompleteBloodCount:………………………………

e.      BloodSugar(Fasting/PPBS/HbAC1)……………….

f.        SpO₂………………………..

g.      BloodUreaNitrogen (BUN)….…………………………..

h.      SGOT/SGPT………………………………………………..

i.        Lipidprofile…………………..

j.        ESR………………………………..

k.       Thyroidprofile………………………………….

l.        X-rayChest etc…………………………………

m.    ECG……………

n.      Othersifany………………………………………….

13.  FinalDiagnosis/Opinion/Treatmentifany,advisebyqualifiedmedicalpractitioner …………………

 

14.    Doesthepersonhasseizure (s)relateddisorders ordifficultiesworkingat Height?If yes,explain the workstobeavoided: Yes/No/ NA (Not applicable)

 

Date:                                                                                                                    Signatureofthequalifiedmedicalpractitioner

SEAL

NOTE: All the aboveinformation ishighlyconfidential between the Applicant and the ExaminingPhysician.Sharingof the above with Employer or any other agency/persons is permitted only on obtaining Consent from the Applicant/Employee.

 

FORMVA

(Formineemployeesonly)

[Seerule102(1)(2)and(3)&rule131]

 

 

CertificateNo…………..

Reportofmedicalexaminationunderrule102(3) (To be issued in triplicate)

 

Certified that Shri/Shrimati/Miss………… employed as ………. in ………mine, Serial number……… of Form.................................................................................................................................................................... Register (in case ofPME)hasbeenexaminedforanInitial/PeriodicalMedicalExamination.He/sheappearstobe….................................................................................................................................................................... yearsofage.Thefindingsof

theexaminingauthorityaregivenintheattachedsheet.Itisconsideredthat Shri/Shrimati/Miss…………..

(a)               ismedicallyfitfor anyemploymentin mines.

(b)               issufferingfrom…........... andismedicallyunfitfor

(i)     anyemploymentinmine;or

(ii)    anyemploymentbelowground;or

(iii)    anyemploymentorwork……….

(c)He/Sheissufferingfrom…………isshouldgetthisdisease/disabilitycured/controlledandshouldbeagainexaminedwithina periodof………..months.He/Shewillappearforre-examinationwiththeresultoftestof…………andtheopinionof.................................................................................................................................................................... Specialist

from…........ He/Shemaybepermitted/notpermittedtocarryonhisdutiesduringthisperiod.

 SpaceforaffixingPassport Size Photograph of the Candidate.

 

Place :                           Signature&nameoftheexamining authority           Withdateandseal

 Report of the examining authority

(tobefilledinforeverymedicalexaminationwhetherinitialorperiodicalorre-examinationoraftercure/controlofdisability). Annexure to Certificate No…………as result of medical examination on …….

IdentificationMark……………..

 

 

LeftthumbimpressionandSignatureofThe candidate

 

1.   General development-                    Good/Fair/Poor

2.   Height.......... Cms.

3.   Weight.......... kg.

4.   Eyes:

(i)        Visualacuity-Distantvision(withorwithoutglasses):            Righteye……..Lefteye…………..

(ii)     anyorganicdiseaseofeyes

(iv)night blindness

(iv)    Colorblindness(tobetestedinIME)

(v)      Squint

5.       Ears:

(i)     Hearing:rightear………….Leftear ……………..

(ii)   Anyorganicdiseases.

(iii) AudiometryFindings:

ConductionType	LeftEar	Right Ear
EarConduction	Normal/Abnormal	Normal/Abnormal
Bone Conduction	Normal/Abnormal	Normal/Abnormal

EnclosedAudiometryReport.

6.     Respiratory system.

 

AuscultatoryFinding:

Chestmeasurement:

(i)                                afterfullinspiration............. cms.

(ii)                              afterfullexpiration.............. cms.

ResultofLungFunctionTest(Spirometry)

Parameters	Predicted Value	Performed Value	%ofPredicted
ForcedVitalCapacity(FEV)
ForcedVitalCapacity1 FEV1
FEV1/FVC
PeakExpiratoryFlow

EncloseSpirometryReport

7.  Circulatorysystem: Blood Pressure Pulse

CardiologicalAssessment

Auscultation	S1
	S2
	AdditionalSound
Electrocardiograph(12leads)findings:		Normal/Abnormal
Echocardiographyfinding(tobetestedinIME)		Normal/Abnormal

Enclose ECG

EncloseEchocardiographyreport

8.     Abdomen : Tenderness. Liver.

 Spleen. Tumour.

UltrasonographyofWholeAbdomen(tobetestedinIME) (Enclose Ultrasonography report)

9.       Nervoussystem:

Historyoffitsorepilepsy Paralysis.

Mentalhealth.

 

NeurologicalAssessment

Findings	Normal/Abnormal
Superficial Reflexes
DeepReflexes
PeripheralCirculation
VibrationalSyndromes

SpecialTestsforManganeseexposure

BehavioralDisturbances		Present/NotPresent
	Speech Defect	Present/NotPresent
NeurologicalDisturbances	Tremor	Present/NotPresent
	Adiadocokinesia	Present/NotPresent
	Emotional Changes	Present/NotPresent

10.    Locomotorysystem

11.    Skin.

12.    Hydrocele.

13.    Hernia.

14.    Teeth

15.    Speech

16.    PathologicalInvestigations:

S.No.	Tests	Findings
1	Blood-Tc,Dc,Hb,ESR,Platelets	WNL/Abnormal

 

 

2	BloodSugar-Fasting&PP	WNL/Abnormal
3	HbA1c(tobetested inIMEandfordiabeticperson duringPME)	WNL/Abnormal
4	Lipidprofile	WNL/Abnormal
5	BloodUrea, Creatinine	WNL/Abnormal
6	Urine(Reaction,Albumin,Sugar)	WNL/Abnormal
7	StoolRoutine	WNL/Abnormal
8	SputumtestforAFB(ForFoodhandlingemployee)
9.	HemoglobinElectrophoresisforsicklecelldisease /trait(tobetestedinIME)	WNL/Abnormal
10.	Bilirubin	WNL/Abnormal
11.	SGOT	WNL/Abnormal
12.	SGPT	WNL/Abnormal
13.	deltaaminolevulinicacidinurine(forpersonexposed to Lead)	WNL/Abnormal

EncloseallInvestigationReports.

17.    Skiagramofchest.

ILOClassificationofChestRadiograph:

ProfusionofPneumoconiotic opacities	Grades	Types
Present/Absent

EncloseChestRadiograph

18.  Anyotherabnormality.

19.    Anyothertestconsiderednecessarybytheexaminingauthority.

20.    Anyopinionofspecialistconsiderednecessary.

 

 

 

Place:                                                                                                               Signature&nameoftheexaminingauthority

Withdateandseal

 

MedicalStandardofFitnessforPersonstobeemployedinMines

(InitialMedicalExamination).

1.      The person should be ingood physicaland mentalhealth andfreefromany physicaldefect,likely tointerferewithefficient employment in mines.

 

2.      Speechmustbewithoutseriousimpediment.

 

3.      Teethareingoodorderandifhe/sheisprovidedwithdentures,wherenecessary,foreffectivemastication(wellfilledteeth will be considered as sound). Gums should be in healthy condition.

 

4.      Skin:-Thereshouldbenoevidenceofextensiveandchronicskindiseaseorulceration.Incaseofinfectivetypeofskin disease, the candidate could be made fit after he has undergone a treatment.

 

5.      Hearing in each ear should be good and that there is no sign of disease in the ear. Audiometric examination should be normal& free from deafness in each ear.

 

6.      Distantvisionofeyewithorwithoutglassshouldnotbelessthanfollowingstandard:

a)  Forundergroundworkers Better eye        6/6

Worse eye             6/9

b)orsurface/opencastworkers Bettereye        6/9

Worse eye             6/12

 

c)      Intra-ocular lens implant: In the case of a person who has undergone intraocular lens implant, if the visual activity withintra-ocular lens is according to the standards laid down, the person concerned may be considered fit

 

d)      Fundusexamination:Inmyopia -2Diopterormore,Fundusexaminationshouldbecarriedoutandtheresultsrecorded.In the event of pathological condition being present, which is likely to be progressive and affect the efficiency of the candidate, he shall be declared unfit.

e)      Color vision: - The testing of color vision is compulsory and the results should be normal. The Ishihara's Plates shall be used for testing color vision.

f)       There should be no night blindness for persons employed below ground and for persons employed in open cast working in shifts other than in morning’s shifts.

g)      Any organic disease or a progressive refractive error which is likely to result in lowering the visual acuity should be considered a disqualification.

h)      Squint:-Presence of binocular vision is essential, squint even if the visual acuity is of prescribed standard, should be considered a disqualification.

 

i)        Oneeyedperson-Presenceofbinocularvisionisessential,onefunctionaleyeshouldbeconsideredadisqualification.

 

j)        Thereshallbeno Nystagmus.

7.      Respiratorysystem:Chestmustbewellformed.Respiratorysystemshouldbesoundandfreefromanychroniclaryngeal, bronchial pulmonary disease. Tuberculosis of lungs if not active should not be a disqualification.

a)      A full sized postero-anterior chest radiograph (not less than 11 inch. X 14 inch.) enough to include thoracic inlet and both costophrenicanglesobtained by an X-ray machine (analog/digital) of atleast 300Milli-Ampere strength shallbe classified as per ILO international Classification of Radiographs of Pneumoconiosis by Medical Officer trained in such ILO classification. X-ray shall be classified using LED view box accommodating at least four chest radiographs of 14 inch. X 17inch size.

b)      Lung function tests (spirometry) to record forced vital capacity (FVC) and forced expiratory volume in one second (FEVI) shall be made. Findings of spirometry shall be within normal limit.

 

8.      Circulatory system: - There should be no evidence of cardiac or vascular disease which may interfere with his efficient employment in a mine. The Blood pressure shall not be more than 130/80 mm Hg. Detailed cardiovascular assessment of employees should be done.This should include 12 leads electrocardiogram, echocardiography and complete lipid profile.

9.      Locomotor System: The limbs, hands, fingers, feet and toes should be well formed and developed & without any deformity, and function of all limbs should be within normal limits.

10.  There should not be any evidence of disease of abdominal organs which is likely to affect his efficient discharge of duty in a mine. Ultrasonography (whole abdomen) report shall be normal.

11.  Incasethecandidatehashernia,hemaybedeclaredfitafterhehasbeensuccessfullyoperatedforthesame.

12.  Hydroceleifpresentshouldnot belargeenoughtoimpedethenormalactivitiesoftheperson.Ifitislargeenoughhemaybe declared fit after being successfully operated.

13.  The nervous system should be sound. Persons with history of epilepsy or any other type of organic or historicalfits should notbedeclaredfitforemploymentinamine.Detailedneurologicalexaminationsincludingtestingofallmajorsuperficialand deep reflexes shall be done.

 

14.  Fasting, Post- prandial Blood sugar and Glycoslated Hb level (HbA1c)shall be tested .GlycoslatedHb level (HbA1c) by a medical specialist as Diabetes Mellitus is known to damage oftarget organs. GlycoslatedHb level (HbA1c) shall not be more than 6.0. Only such cases of well controlled Diabetes Mellitus with no associated complications may be considered for appointment.

 

15.  SerumUreaandCreatinineshallbewithinnormallimit.

 

16.  Bilirubin,SGOTandSGPTshallbewithinnormal limit.

17.  RoutineStoolshallbewithinnormal limit.

 

18.  The medical examination should include examination of urine. Mere presence of albumin and sugar in the urine without any gross organic disease producing signs and symptoms should not be a disability.

19.  Thereshouldnotbesicklecelldisease/trait.HemoglobinElectrophoresistestshallbe done.

 

 

MedicalStandardofFitnessforPersonsEmployed(PeriodicalMedicalExamination)

 

1.      The person should be in good mental and bodily health and free from any physical defect likely to interfere with his efficient employment in a mine.

2.      Speechmustbewithoutseriousimpediment.

 

3.      Teeth arein good orderand ifhe/sheis providedwith dentures, wherenecessary, foreffectivemastication (well filledteeth will be considered as sound). Gums should be in healthy condition.

 

 

4.      Locomotor System: The limbs should be well formed and developed, and the function of all the limbs should be within normal limits. Any deformity should be recorded. There should be no deformity or paralysis which may interfere with his efficient employment in a mine.

 

5.      Skin: - There should be no evidence of extensive and chronic skin disease or ulceration. In case of infective type of skin disease, the candidate could be made fit after he has undergone a treatment. All occupational skin diseases should be noted.

6.      Eye:

 

(a)    Visionwithorwithoutglassshouldnotbelessthanthefollowing standard:

i.  Bettereye                             6/9

ii.  Worse eye                           6/12

(b)       Thereshouldbenonightblindnessforpersonsemployedbelowgroundandforpersonsemployedinopen castworkinginshifts other than in morning’s shifts.

 

(c)        A person having only one eye which functions normally should not be employed below ground, For employment on surface the vision of such a person in the other eye should be 6/9with or without glasses.

7.      Hearing should be good, any progressive disease affecting hearing/or occupational deafness should be recorded. Audiometric examination shall be conducted in every case.

8.      Respiratory System: Respiratory system should be sound and free from any chronic laryngeal, bronchial pulmonary disease. Tuberculosis of lungs if not active should not be a disqualification.

a)   Afull sized postero-anterior chest radiograph (not less than 14 inch. X11 inch.) enough to include thoracic inlet and both costophrenic angles obtained by an X-ray machine (analog /digital) of at least 300 mA Milli-Ampere strength shall be classifiedasperILOinternationalClassificationofRadiographsofPneumoconiosisbyRadiologist/MedicalOfficertrained in such ILO classification.

b)   Lung function tests (spirometry) to record forced vital capacity (FVC) and forced expiratory volume in one second (FEVI) shall be made. Findings of spirometry shall be within normal limit.

9.      Circulatorysystem – There should be no evidence of any heart or vascular disease which may interfere with his efficient employment in a mine. Detailed cardiovascular assessment of employees should be done.This should include 12 leads electrocardiogram and complete lipid profile. The Blood pressure shall not be more than 140/90 mm Hg.

 

10.  Thereshouldnotbeanyevidenceofdiseaseofabdominalorganswhichislikelytoaffecthisefficientdischargeofdutyinamine.

11.  The nervous system should be sound.Persons with history of epilepsyor any other type of organic or historical fits should not be declared fit detailed neurological examinations including testing of all major superficial and deep reflexes shall be done.

 

12.  Personsexposed to manganese, In addition to the basic neurological examination, special emphasis should be given to behavioral and neurological disturbances such as speech defect, tremor, impairment of equilibrium, adiadochokinesia and emotional changes.

 

13.  Personsexposedtolead;PMEshouldincludedeltaaminolevulinicacidinurine.

 

14.  Personsengaged in food handling and preparation and handlingof stemming material activities should undergo routine sputum for Acid Fast Bacilli (AFB).

15.  Fasting&Post-prandial Bloodsugarshallbetested. Diabetes shall beundercontrolled.Targetorganshall notbeaffectedby diabetes.

16.  SerumUreaandCreatinineshallbewithinnormallimit.

 

17.  Bilirubin,SGOTandSGPTshallbewithinnormal limit.

 

18.  RoutineStoolshallbewithinnormal limit.

19.  Incasethecandidatehasherniahemaybedeclaredfitafterhehasbeensuccessfullyoperatedforthesame.

 

20.  Hydroceleifpresentshouldnotbelargeenoughtoimpedethenormalactivitiesoffthecandidate.Insuchcaseshemaybe declared fit after being successfully operated.

 

The medical examination should include examination of urine and of other system for evidence of disease. Mere presence of albuminandsugarintheurinewithoutanygrossorganicdiseaseproducingsignsandsymptomsshouldnotbeconsideredasa disability.

 

 

                        FORM-VI

(Seerule-8)

NOTICEOFACCIDENTORDANGEROUS OCCURRENCE

E.S.I.C.Employer’sCodenumber:

.S.I.C.Insurance Number of the injured person:

1. Nameofemployer:

2Address of works/premises where the accident or dangerous

Occurrencetookplace                    :

3. Nature ofindustry and LIN of the establishm ent:

4   Branchordepartmentand Exact place where the accident or dangerous

occurrencetookplace                               :

5. Nameandaddressoftheinjuredperson:

6.  (a)Sex                                                 :

 

(b)  Age (atthe lastbirthday)                    :

(c)Occupation of the injured person           :

7. Local E.S.I.C. Office to which the injured person is attached    :

8. Date,shiftand hourof accident or dangerous occurrence                         :

9.   (a)Houratwhich the injured person startedworkonthe day of

accidentordangerousoccurrence          :

(b) whether wages in full or part are payabletohimforthe day of the accident or dangerousoccurrence:

10. (a)Causeornatureof accident

ordangerousoccurrence                     :

(b)  Ifcausedbymachinery-

(i)     Give the name of machineand the part causing the

                     accidentor dangerous

occurrence                          :

(ii)   State whether it was moved by mechanical poweratthe time of accident or dangerous

occurrence                               :

(c)                      State exactly what the injured person was doing at the time of accident or dangerous occurrence        :

(d)                      In your opinion, wastheinjuredperson atthetimeofaccident or dangerous occurrence -

(i)     actingin  contraventionof provisionsofany lawapplicableto him; or

(ii)   actingin contraventionof

                        anyordersgivenby or on behalf of his employer; or

                (iii) acting without instructionsfrom his employer?

                   (e)       Incasereplyto(d) (i), (ii) or (iii)is in the affirmative , state whether the act was                                     doneforthepurpose of and in connection with the employer’s  

tradeor business.                                            :

                     11.      In case the accident or dangerous occurrence took placewhiletravelling in the                                     employer’s transport, state whether-        

(a)   the injured person was travelling as a passeng er to or fromhis place of

ofworks;                                     :

                     (b)  theinjuredperson was travellingwith the expressor implied permissionofhis

employer;                                      :

(c)  thetransportisbeingoperated byoronbehalfof the employer or some other person by whom it is provided in pursuance of arrangementsmade with theemployer;and                           :

(d)  thevehicleis being/not being operated in the ordinary course, of public transport service               :

12. In        case       the accident                   or dangerousoccurrencetookplace while        meeting emergency, state-

(a)itsnature;and

(b)                  whether the injured person at the time of accidentordangerous

occurrence		was
Employed	for	the
purpose	of	his
employer’s	trade	or

                            business in or about the premises at which the accident or dangerous occurrence took                              place.:

13. Describe briefly how the accident or dangerousoccurrencetookplace      :

14Names and addresses of witnesses :(1)

(2)

15. (aNature and extent of injury(e.g.fatal, loss of finger, fractureofleg, scald, scratch followedbysepsis,etc.)                                  :

(b) Location of injury (e.g.rightleg,lefthand, left eye, etc.)

16.(a)Iftheaccidentordangerous Occurrence was

notfatal, state

whether the injured person wasdisabledfor more than 48 hours        :

(b)dateandhourofreturnofwork                           :

17.      (a)Physician,dispensary or hospitalfrom whom or which the injured person

receivedorisreceivingtreatment                     :

(b)Nameofdispensary/paneldoctor

electedbytheinjuredperson                                 :

18. (a)Hastheinjuredpersondied ?                                            :

(b)If so,date ofdeath                                                 :

Icertifythattothebestofmyknowledgeandbelieftheaboveparticularsarecorrectineveryrespect.

SignatureandNameandDesignationofowner/employer/manager/agent

Date of dispatchof report : Place:

 

FORM-VII

[Seerule-63]

NOTICEOFPERIODSOFWORK

NameoftheEstablishment…………………………Place…………………………………District……………………

Periods ofwork Groups, Relays	Men													Women														Descriptionof Groups, Nature of work	Remarks
	Totalno. ofmen employed													Totalno.ofwomen employed
	A			B				C			D			E			F				G			H
	1	2	3	1	2	3	1		2	3	1	2	3	1	2	3		1	2	3	1	2	3		1	2	3

Onworkingdays

From..

To       ..

From..

To       ..

From..

To       ..

On partial Working daysFrom.. To    ..

From..

To       ..

 

Date on which this notice is first exhibited :                                                                                              Signatureofmanageroragent: Date :

FORM-VIII

[(See rule 64)] 

EMPLOYEE REGISTER

(Theregistercanalsobemaintained inelectronicallycapturing,inter-aliathefollowingdetails)

 

NameofEstablishment:
Nameof the Employer/owner:
LabourIdentificationNumber(LIN)/Registration NumberofEstablishment
Tobemaintainedforallemployeesoftheestablishments
1.	EmployeeCode
2.	Name
3.	Surname
4.	Gender
5.	Father’s/Spouse’sName
6.	Dateof Birth
7.	Placeof Birth
8.	Nationality
9.	Educationlevel
10.	Dateof Joining
11.	Designation
12.	Category(unskilled,semi-skilled,skilled orhighlyskilled)
13.	Typeofemployees/ worker
14.	MobileNumber
15.	UniversalAccountNumber (UAN)
16.	PAN
17.	PPFNo.
18.	Nominee

 

 

 

19.	EPS/NPS
20.	Detailsof Family
21.	Detailsof Posting
22.	ScaleofPay
23.	Promotion
24.	ESICIPInsuranceNo.
25.	Aadhaar number
26.	BankA/cNo.
27.	Bank
28.	Branch(IFSC)
29.	Presentaddress
30.	Permanent address
31.	ServiceBookNo.
32.	Dateof Exit
33.	ReasonforExit
34.	Mark ofIdentification
35.	Photo
36.	SpecimenSignature/ThumbImpression
37.	Remarks

 

FORM-VIII(A)

[(Seerule64)]

ATTENDANCEREGISTER-CUM-MUSTERROLL

(Theattendanceregister-cum-musterrollcanalsobemaintainedinelectronicallycapturing,inter-aliathefollowingdetails)

																		FortheMonthof...................................... ,year 20........
NameofEstablishment:
Nameof the Employer/owner:
LabourIdentificationNumber(LIN)/RegistrationNumberof Establishment
1.	SerialNumber
2.	EmployeeCode
3.	Name
4.	Designation
5.	Shiftorrelay
6.	Placeof work/department/section
7.	Dateandtimingsof InandOut
	1		2		3		4		5		6		7		8		9		10		11		12		13		14		15
	16	17		18		19		20		21		22		23		24		25		26		27		28		29		30		31
8.	Totalnumberofdaysworked
9.	Totalnumberofextrahours worked
10.	Incaseoftourorassignmentsoutsidethework

 

 

	placesuitableentriesmaybemade
11.	SignatureofRegister keeper

 

FORM–VIII(B)

[(SeeRule 64]

REGISTERFORWAGES,OVERTIMEANDDEDUCTIONS

(Theregistercanalsobemaintained inelectronicallycapturing,inter-aliathefollowingdetails)

NameofEstablishment:
Nameof the Employer/owner:
LabourIdentificationNumber(LIN)/RegistrationNumberof Establishment
WagePeriodfromdd/mm/yyyytodd/mm/yyyy (Monthly/Fortnightly/Weekly/Daily/PieceRated)
1.	SerialNumber
2.	EmployeeCodeNumber
3.	Name
4.	Designation
5.	RateofWage
	a)Basic
	b)DA
	c)Otherallowance
	d)Total

 

 

6.	No.ofdays worked
7.	Overtimehoursworked
8.	AmountofWagesEarned
	a)Basic
	b)DA
	c)Otherallowance
	d)Paymentofovertime
	e)Totalwagesearned
9.	Deductions
	a)EPF
	b)ESIC
	c)Society
	d)IncomeTax
	e)Insurance
	f)Others
	g)RecoveryofFine
	h)Recoveryof Damaged/Losses
	TotalDeductions
10.	Net Payment
11.	ReceiptbyEmployees/BankTransactionID
12.	Dateof Payment
13.	Initialsof Employer/Representative
14.	Remarks

 

 

FORM–VIII(C)

Wage slip

[(Seerule64]

NameoftheEstablishment .................................................................................
Address:............................................			Period:............................................
1.	NameoftheEmployee:
2.	Father’s/Spouse’sName:
3.	Designation:
4.	UAN:
5.	BankAccount Number:
6.	Wageperiod:
7.	Rateofwagespayable	a) Basic	b)D.A.	c) other allowances
8.	Totalattendance/unit of workdone:
9.	Overtimewages
10.	Grosswagespayable
11.	Total deductions	a)PF	b)ESI	c) Others
12.	Netwagespaid

 

 

FORM-IX

(SeeRule-66)

ANNUAL RETURN

st

FORTHEYEAR…….ENDING31December.

SingleAnnualIntegratedReturntobefiledOn-lineundertheOccupationalSafety,HealthandWorkingConditionsCode,2020, theCodeonIndustrialRelations,2020,theCodeonSocialSecurity,2020,andtheCodeonWages,2019andtherulesmadethere under.
InstructionstofilluptheAnnual Return (1)        Thisreturn is to befilled-up and furnished on or before1stFebruaryeveryyear. (2)        Thereturn has twopartsi.e. Part-Ito be filledupbyall establishments. (3)        Part-IItobefilled-upbytheestablishmentswho area Mine onlyinadditiontoPart-I. (4)   ThetermsEstablishmentandMinesshallhavethesamemeaningasundertheOccupationalSafety, HealthandWorkingConditions Code, 2020. (5)   Thisreturnistobefilled-upincaseofContractorormanpowersupplierwhohaveengagedmorethan50workersandincaseof Mines even if there is one worker employed in the relevant period.
ApplicabletoAllEstablishments-Part-I
A.General Information:
Sl. No.			Instructionsforfillingthe column
1.	LabourIdentificationNumber		EPFO,ESIC,MCA,MoLE(LIN)
2.	Periodofthe Return	From        -To-	Periodshould becalendaryear
3.	Nameofthe Establishment
4.	EmailID(employer)
5.	TelephoneNo. (employer)
6.	Mobilenumber(employer)
7.	Premisename
8.	Sub-locality
9.	District
10.	State
11.	Pin code

 

 

 

12.

GeoCo-ordinates

B(a).

Hoursof Work ina day

B(b).

Numberof Shifts Numberof hours in a shift

C.Detailsof ManpowerDeployed

Details

Directlyemployed

Employedthrough Contractor

Grand Total

Skill Category

Highly Skilled

Skilled

Semi-Skilled

Un-Skilled

Highl y Skille d

Skilled

Semi-Skilled

Un-Skilled

(i)    Maximum    No.    of        employees employedintheestablishmentinany day during the year

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

(ii)     Average    No.    of         employees employedintheestablishmentduring the year

No.tobe indicated

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

(iii)MaximumnumberofMigrant Worker during the year (Section59 ofOSH Code)

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

M/F/T

(iv)Numberoffixedtermemployee engaged

M/F/T

M/F/T

M/F/T

M/F/T

D.Detailsof contractorsengagedin theEstablishment:

Sl. No.

NamewithLINoftheContractor

No.ofContractLabourEngaged

E.Detailsof variousHealthandWelfareAmenitiesprovided.

Sl. No.

Natureofvariouswelfareamenitiesprovided

Statutory(specifythe statute)

Instructionsforfilling

 

 

1.	WhetherfacilityofCanteenprovided(asper section24(v) of OSH Code, 2020)	Tick yes or no in the boxandnotapplicable	Applicabletoallestablishmentswhereinhundredor more     worker    including     contract    labour             were ordinarily employed
2.	Crèches(aspersection 67ofCodeon Social SecurityCode,2020andSection24oftheOSH Code 2020)	Tick yes or no in the boxandnotapplicable	Applicabletoallestablishmentswherefiftyormore workers are employed
2a	If 2 above is not given than whether Crèches allowanceunderRule..ofSocialSecurityCode given.	Tick yes or no in the boxandnotapplicable	Referencerule..onSocialSecurity
3.	AmbulanceRoom(aspersection24(2)(i)ofOSH Code, 2020)	Tick yes or no in the boxandnotapplicable	Applicableto mine,buildingandother construction workwhereinmorethanfivehundredworkersare ordinarily employed
4.	SafetyCommittee(asperSection22(1)ofOSH Code, 2020.	Tick yes or no in the boxandnotapplicable	Applicable to establishments and factories employing 500workersormore,factorycarryingonhazardous processandBoCWemploying250workersormore, and mines employing 100 or more workers.
5.	SafetyOfficer(asperSection22(2)ofOSHCode, 2020)	No.ofsafetyofficers appointed	Incaseofmine100 ormoreworkers andincaseof
			BoCW 250 ormoreworkers areordinarilyemployed.
6.	QualifiedMedical Practitioner(asperSection12 (2)of OSHCode2020.	No. of Qualified Medical Practitioner appointed.	Thereisnospecificationforminimumnumberof Qualified     Medical      Practitioner                     employed   in establishment.However,thisdetailisrequiredtohave data on occupational health.

 

F.TheIndustrialRelations:			Instructionsfor filling
1.	IstheWorksCommitteehasbeenfunctioning.(Section3ofIR Code, 2020)	Yes/Noandnotapplicable	Industrial establishment in which 100ormoreworkersareemployed
(a)	Dateofits constitution.
2.	WhethertheSafetyRedressalCommitteeconstituted(Section4 ofIRCode,2020)	Yes/Noandnotapplicable	Industrialestablishmentemploying 20 ormore workers
3.	NumberofregisteredUnionsinthe establishments.

 

 

 

4.

Whetheranynegotiationunion exist(Section14ofIR Code,2020)

Yes/No

5.

Whetheranynegotiatingcouncilisconstituted(Section14ofIR Code, 2020)

Yes/No

6.

Numberofworkersdischarged/dismissed,retrenchedorwhoseserviceswereterminatedduring the year:

Dismissed

Retrenched

Discharged/Terminatedor Removed

Grand Total

7.

Man-dayslostduringtheyearonaccountof

Sl. No.

Reasons

Period /Date

No.ofman-days lost

(a)

Strike

(b)

Lockout

8.

Detailsofretrenchment /layoff

Sl. No.

No. of persons retrenchedduringtheperiod

Details               of paymentpaidto retrenched employees

No.ofworkers laid off during the period

No.ofman-dayslostdue tolay-off

Appliesonindustrialestablishment employing 300 or more workers

 

G.Detailspertainingtomaternitybenefit:
No.     of           female employees	No.offemaleemployees availed maternity leave	No.offemaleemployees paid medical bonus	No.ofdeductionofwages,ifany made from female employees

 

 

 

 

H.Detailsof paymentof bonus:
Sl. No.	No.ofemployeescoveredunder the Bonus provision	Totalamountofbonusactually paid	Dateonwhichthe Bonuspaid
I.Detailsof accidents,dangerousoccurrenceandnotifiable diseases:
Sl. No.	Total number of accidents by which a person injured is prevented from working for a periodof48hoursormoreas perSection10oftheOSHCode, 2020.	Total number of fatal accidents and names of the deceased as per Section 10 of the OSH Code,2020.	Total number of Dangerous Occurrencesasdefinedunder Section 11 of the OSH Code,2020		TotalnumberofcasesofNotifiable Diseases specified in Third Schedule of the OSH Code, 2020 along with thedetailsofaffected persons
J.MandaysandProductionLostduetoaccidents/dangerous occurrence
Sl. No.	Accident/Dangerous Occurrence	Mandays lost		ProductionLost

 

FORM-IX

(See rule-66) PartII(ForMines)

A.Generalinformation
1.	EstablishmentName
2.	NameofCompany/Nameof Owner
3.	Typeoforganization(dropdown)	PSUCentral/PSUState/Private/
4.	Typeofownership(dropdown)	Firm/Association/Individual/Partnership/Company
5.	TypeofMineral(drop down)	Coal/Metal/Oil
6.	Nameof Mineral
7.	Typeof Mine(drop down)	Belowground/Opencast/ Aboveground/Mixed/OffShore/OnShore
8.	Dateof opening	Tobefilledforfirst time
9	MineCode	Tobefilledforfirst time
10.	Dateofclosing(ifany)	NA/Calendartobegiven
11.	Dateofreopening(ifany)	NA/Calendartobegiven
12.	Depthofworkingin mts.	MaximumDepth:                           Minimum Depth:

B.     Statutorypersonnelemployedinthemine(ason31^st December)

 

 

Sl. No.	DesignationasperCode	Number      of      Statutory     Persons required	Number     of     Statutory Persons employed
1.

 

 

C.      Methodof Workingvis-a-visSafety Parameters

 

1

NameofMethod(Specifythe name)(as perdropdown menu)

 

 

2	Quantityof mineral Produced in Cu.m./Tonne
3	Quantityof Waste/overburdenremoved in Cu.m./Tonne
4	Stageof Working(asper dropdown menu)	Development/Extrac tion/Mixed
5	PermissibleVoid in Cu.m.		Forextractionstage
6	ActualVoidin Cu.m.		Forextractionstage
7	Areaof overhang		Forextractionstage
8	MaximumInflammable gasreleasedinCu.Meterpertonofcoalproduced		ForDevelopmentstage
9	OverallPit slope		ForOpencast mines
	Individualentryfor eachPit
10	Overalldump slope		ForOpencastmines
	IndividualentryforeachDump
11	Areaof firein Sq. m.
12	Lengthofembankmentrequiredtobeprovidedagainstthewaterbody
13	Lengthofembankmentprovidedagainstthewaterbody
14	Lengthoffencingrequired/providedasperstatute
15	No.ofopeningrequired to besealed in caseofabandoned mines:
16	No.ofOpeningssealed incaseof abandoned mines:
17	NumberofMockdrills conductedand dateof samewithcoverageofemployees

 

 

18	No. of Oil/Gas wells:underdrilling/ under production/ under work over                                                                                                                (as per drop down menu)		ForOiland gas mines
19	No.ofwellswhereproduction discontinued		ForOiland gas mines
20	If Yestopt. 19above,Actiontaken
21	ActionTakeninrespectofWellswhereproductionhasbeendiscontinued		ForOiland gas mines
22	MaximumQuantityofexplosiveused inanyday(inKgs.)		Foralltypesofmine
23	WhetherBuildingor Structuresnot belongingto ownerlies withindanger zone?	Yes/No/NA	ForCoal&Metalliferous Mines
24	AggregateHP/KWofmachineriesinstalled/deployedintheminefortheyear		Foralltypesofmine

 

D.    Medicalexaminations-Initial/Periodical (IME/PME):

Duringtheyear,total numberofpersonsincludingcontractualworkers:

 

Particulars	TotalNo. ofPersons
UndergoneIME
Undergone PME
Declared medicallyTemporaryunfit
Given    alternate    Employment    due    to    Medical unfitness
Terminatedon account of beingmedicallyunfit

 

 

E.     DetailsofVocationaltraining imparted:

Duringtheyear,totalnumberofpersonsincludingcontractualworkers:

 

 

Particulars	TotalNo. ofPersons
ImpartedBasicVocational Training
ImpartedRefresher Training
Impartedspecial Training

 

F.       DetailsofAccident,DangerousOccurrenceandOccupationalDiseases:

(1)      DetailsofAccidentsandDangerousOccurrences:

 

Sl. No.	Date                  of Accidents/Danger ous Occurrences	No.ofpersons killed	No. of persons received Serious Bodily Injury	Number of personsinjured                         (Excluding SeriousBodilyInjury)and thereby prevented from workingforaperiodof48 hours ormore	Nature of Occurre nce	Mandayslost
1.

 

(2)         DetailsofOccupationaldiseases:

Sl.No	NotifiedDisease	No.of cases
1

 

 

G.    DetailsofSafetyManagementPlan:

(a)    SafetyManagementPlanPrepared:(Yes/No/NA)

(b)   DateofSubmission:Date

(c)    LastdateofreviewofSafetyManagementPlan:Date (d ) Principal Hazards Identified:

 

Sl. no.	ListofPrincipalhazards identified	Principal                            hazard Mitigation date	Principal       hazard                     not mitigated till 31st December	Reasonsforfailureto mitigate the same
1.

H.     MinesRescueStation:(ForBelowgroundMinesOnly)

 

A.ForMine: (To befilledbyMineOwner)

(i)                  AddressoftheRescueStationwithGeo-coordinatesservingtheMines;

(ii)                DistanceoftheRescueStationfromMineOpening;----------- (inKM)

(iii)              WhetherMineRescueStationhasbeenestablishedbythemineornot?(Yes/No)

MinesRescueStation:(ForBelowgroundMinesOnly)

(ForRescueStation)

 

ForMineRescueStation(TobefilledbytheSuperintendent,RescueStation)

(i)                 NameoftheOwnerofMinewhereMRS stationed:

(ii)               AddressofMRS:

(iii)             NameoftheSuperintendent:

(iv)              Detailsofthemineserved bythe RescueStation:

 

Sl. No.	NameoftheMines	DistanceoftheMinefromMRS(inKms)

(v)                DetailsofPersonnelDeployedatRescueStation;

 

Sl. No.	Designation         as perCode	Number    of    statutory personsrequired	Number    of    statutory personsemployed

(vi)              DetailsofEquipment/Apparatus:

 

Sl. No.	Type                         of Equipment/Apparatus required	NumbersofEquipment/Apparatusavailable

 

(vi)              ParticularsofEmergencyAttended:

 

 

 

Sl.No.	Name       of the Mine	Nature      of Emergency	Response Time (time    taken    by rescueservicesto attend              the emergency)	TimetakenforRescue & Recovery	ActionTaken

(vii)            AdditionalInformation:

(a)   NumberofRescueRooms:

(b)   NumberofRescueTrainedPersonsRequired:

(c)    NumberofRescueTrainedPersonavailable:

(d)   WhetherCanteen facilityexist ornot?(Yes/No):

 

 

Certifiedthat the tables aredulyfilled in and informationand figuresgivenin allthetables arecorrect tothe best of myknowledge.

 

 

Signatureof employer/occupier/Owner/Agent/Manager

 Place: 

Dated:

 

 

 

 

 

1.  Nameoftheprincipalemployer:

2.  Nameoftheestablishment:

PARTIII

(Seerule87)

ANNUALRETURNperiodending31^stDecember

(tobesubmittedbytheprincipalemployeronShramSuvidhaPortal)

3.  Registrationnumber(LIN)oftheestablishment:

4.  DetailsoftheContractors,wagespaid,etc.:

 

Sl.	Month	Name and address of the contractors	LINofthe contractor	Nameof thework	Maximum numberof contract worker employed	Amount paidagainst wagebill(if applicable) to the contractor (including EPF, ESIC, Bonusetc.)	Date of payment of wage bill (if applicable)	Amount of the wages paid directly to the contract labour by Principal Employer (incasethe contractor failsto pay)	Date of paymentof wagespaid directly to the contract labour by Principal Employer (incasethe contractor failsto pay)	Remarks

 

 

Signatureoftheprincipalemployer

Date:

FORMIXA

(Seerule87)

(Half YearlyReturn (JanuarytoJune/ JulytoDecember)tobe submittedbyContractortobefiled electronicallytotheDeputyChief Labour Commissioner (Central) concerned under Rule 81)

1.  Nameandaddressofthecontractor:

2.  NameandaddressoftheprincipalemployerandLIN:

3.  LIN ofthe contractor:

4.  Licensenumberofthecontractor(ifapplicable):

5.  Nameofthecontractworkwith location/station:

5.DetailsofthenumberofContractWorkers,WagesPaidetc.:

 

Sl.	Months	Numberof	Totalamountof	Overtime	Bonus	Dateand	ECR	ECR	Wages	remark
No.		Contract	wagespaidina			amount of	number	number	paid by
		Labour	month			Wagebill	ofESIC	ofEPF	7thofthe
		employed				receivedby			monthor
						contractor			duedate
						fromPrincipal			as
						Employer			applicable
									Yes/No
	January
	February
	March
	April
	May
	June

Signatureofthecontractor:

Date:

 

FORM-X

(Seerule-67)

REGISTEROFACCIDENTSANDDANGEROUSOCCURRENCES

 

Name of Injured/dece ased person (if any)	Date of Accidentor dangerous occurrence	Dateof report toInspector-cum-Facilitator	Natureof accident ordangerous occurrence	Dateofreturn of injured Person towork	Number of days the injured Person was absentfrom work
1	2	3	4	5	6

FORM-XI

[Seerule-68]

REGISTERFORLEAVEWITHWAGES

PartI-Adults

PartII-Adolescents

Establishment:                                                                                                  Nameofworker:

Department:                                                                            Father’sName:

Sl. No	Sl.no.in the register of workers	Date of entry into servic e	Interruptions					Lea ve due wit h eff ect fro m	Wheth erleave not desired during the next12 month s	Date from which the worke r is allowe dleave	Wages for Leave Paidin	Discharged worker		Remarks
			Sickness and accident s	Aut hori zed Leav e	Lock Outor Legal Strike	Involu ntary unem ploym ent	Oth ers					Date of Discharg e	Dateand amount of payment made inlieuofleave due
1	2	3	4	5	6	7	8	9	10	11	12	13	14	15

Note:-Separatepageshallbeallottedtoeach worker

 

FORM-XII

(See rule-77 and 78) APPLICATIONFORLICENSE

OnLineApplicationforLicense/RenewalofLicense/AmendmentofLicense(includingCommon/singlelicense)

GovernmentofIndia,MinistryofLabourandEmployment

ESTABLISHMENTPROFILE:

LabourIdentificationNumber                                                  Date

AcknowledgementNumber:…………………………………DateofApplication:………………….

I.      ParticularsofEstablishmentforwhichlicencerequired:

1.NameofEstablishment:

2.Addressofestablishment

(a)HeadOfficeaddressalongwithemailId:

(b)CorporateofficeaddressalongwithemailId:

3.TelephoneNumber:

4.ActivityasperNationalIndustrialClassification:(Selectallapplicableactivities given)

5.DetailsofselectedNICCode:

6.Natureofworkcarriedoninmainestablishment:

7.IdentifieroftheEstablishment:(Select):e-sign/digitalsign

II.    Detailsof Employer:

1.FullNameofEmployer:......................................................... relationshipwithestablishment.

2.FullAddressof Employer:

3.Email Idof employer:

4.MobileNo.ofemployer:

III.    ParticularsoftheContractLabourtobeemployed/isemployed(Iflicenceisrequiredworkwise)

 

Locations of worksites	Nameof works	Activityasper national industrial classification	Date of commencemen t	Date of completion	Name of Establishmen ts in which contract labour is/proposed to be employed	NameAddress,emailidoftheSite Incharge
1	2		3	4	5	6

 

5.MaximumnumberofworkmenproposedtobeemployedontheEstablishmentonanydate:24

6.AmountofLicenceFee:INR                                                (TransactionId:)

7.AmountofSecurityDeposit:INR                                        (TransactionId:)

IV.DETAILSOFESTABLISHMENTSFORWHICHCOMMONLICENCEREQUIRED,(IFAPPLYINGFOR)

 

Type of Establishments	Name&Address ofestablishment	(i) Nature of work carried out in the establishment (ii)    Activityas per National Ind’l classification	Date of commence ment	Permanen t establish ment or probable date of completio n	Maximum number of employees employed/ proposedto be employed	Maximumnumberofemployeesemployed/ proposed to be employed
1	2	3	4	5	6	7

 

V.DETAILSOFESTABLISHMENTSFORWHICHSINGLELICENCEISREQUIRED(IFAPPLYINGFOR)

 

 

Nameof Statesin which the establis hments are situated	Nameofeach work	Maximum numberof labourwill be/is employed	Date of commenc ement	Permanent establishm ent or probable date of completion	Maximumnumber of employees employed/ proposedtobe employed	Registrationnumber,ifobtained,thendetails thereof
1	2	3	4	5	6	7

 

SignatureofContractor

(e-Sign/DSC)

Note:ThisisanonlineapplicationsummaryappliedonShramSuvidhaPortalordesignatedPortal.

APPLICATIONFORRENEWALOFLICENCE

1.LicenceNo.                                                                Date:

2.LIN&PAN

3.Nameandaddressoftheestablishment:

4.Dateofexpiryofpreviouslicence :

5.Whetherthelicenceoftheemployer/contractorwassuspendedorrevoked:

6.DetailsofFeespaid:(Enclose e-paymentreceipt):Amount ….              dateofpayment:

E-sign/digitalsignoftheemployer/contractor           date:

APPLICATIONFORAMENDMENTOFLICENCE:

 

1.LicenceNo                                                     Date:

2.LIN&PAN

3.Nameandaddressoftheestablishment:

4.Detailsforwhichamendmentissought:

(a).Maximumnumberofworkerpresentlyemployed:(Ifthereisincreaseinthemaximumnumberofworkerstobeemployed,thenadditional fees/security deposit as per law needs to be deposited:

(b).Detailsoffeespaidthroughepaymentdateonwhichmade:

(c).Otherdetailsrequiringamendmentinthelicenceissued(Necessarydocumentsmaybeuploadedinsupportofchangerequired)

E-sign/digitalsignoftheemployer/contractor                           dateof application.

 Date

 place

 

FORM-XIII

(Under See rule-79) PROFORMAOFLICENSE

LicenceNo.-------------                      Reg.No.-----------                                 DateofReg.----------

Licenceisherebygrantedto for the premises known as situated at

natureofwork                      

foruseasaestablishment withinthelimitsstatedhereinafter,subjecttoprovisionsoftheOccupationalSafety,HealthandWorkingConditionsCode, 2020, and the rules made there under.

The------------20..                                                   IssuingAuthority

Sl.No.	Periodof issue	ValidFor
			Fee	Date of Payment	Excess fee for late payment	Date of payment	Signature of the Issuing Authority
		Maximum numberof Contract labour
		/workerson
		anyone day

 

AMENDMENTS:

 

Yearwhen Amended	Maximum numberofContractlabour/workersonanyone day	Dateofpaymentof amendment fee	Date of Payment	Signatureof the Issuing Authority

E-sign/digitalsignofthedesignatedauthority

 

 

 

FORM-XIV

(Seerule-89)

EXPERIENCECERTIFICATEOFCONTRACTEMPLOYEE

Towhomsoeverconcerned

1.Nameof contractor/employer*:

2.LIN/PANNo.ofthecontractor/employer *:

3.EmailIdofthecontractor/employer*:

4.MobileNo.ofthecontractor/employer *:

5.Natureandlocationofwork:

6.NameofPrincipalEmployer*:

7.LIN/PANNo.ofthePrincipalEmployer :*

8.EmailIdofthePrincipalEmployer: *

9.MobileNo.ofthePrincipalEmployer:*

10.Nameoftheworker*:

11.UAN/AadhaarNo.:

12.MobileNo.:

13.SerialNumberintheEmployee Register:

14.    Registrationnumber,dateandnameoftheBoardifthebuildingandotherconstructionworkerisregisteredasa beneficiary:

15.PeriodofEmployment:

16.Designation:

SealandSignatureofContractor

*Pleasestrikeoffwhicheverisnotapplicable.

 

FORM-XV

(Seerule-94)

AgreementbetweenProducerandAudio-visualworker

Thisagreementismadeonthisday............month................year..........betweenMessers...................havingofficeat............................................................................................................................................................... (hereinafter

referredtoasthe“Producer”)onthefirstpartandShri/Smt/Kum.....................son/daughter/wifeofShri..................residingat................................................................................................................................................................................ (hereinafter

referredtoasthe“audio-visualworker”)onthesecondpart.Theterms‘Producer’and‘audio-visualworker’shallincludetheirheirs,successors, administrators and legal representatives:

 

Now,thereforethisagreementismadeas follows:

1.    That both the parties agree that the duration of this agreement shall be from the date hereof till the completion of the audio-visual and this period shall not exceed consecutive months.

2.     That the audio-visual worker agrees to attend studio, location or work place, as the case may be, subject to the requirement of his previous engagement and on his confirmation, to his respective job punctually as and when he shall be required by a written intimation by the Producer or the person duly authorised by him in writing.

 

3.   Thatinconsiderationoftheaudio-visualworkerservices,asaforesaid,theProducer agreestopayandtheaudio-visualworkeragreestoreceiveasum ofRs................................(Rupees........................)payableasadvanceonsigningofthisagreementandthebalanceofRs..........................payablein

......................... equalinstallments.

 

4.    That in the event of the audio-visual production being not complete within the stipulated period and the Producer still needing the services of the audio-visual worker to complete the audio-visual production, the producer agrees to pay and the audio-visual worker agrees to receive additional remuneration on pro-rata basis, payable in the same manner as stated in Clause 3 above, till the completion of the production.

 

5.    That in case the assignment of the audio-visual worker is completed earlier than the period stipulated in Clauses 1 and 4 above, the producer shall settlethe account oftheaudio-visual worker andpaytheremainingbalance of the agreement amount infullbefore the commencement of re-recording work/censor of the production, whichever is earlier.

6.   Thattheaudio-visualworkershall,ifsorequired,

(a)  attend the studios, location or work-place, as the case may be, earlier than the a scheduled time of the shift, for preparatory work, and in thatcase, he/she shall be paid by the Producer extra wages at the rate of Rs........................................................................................................... per hour or part thereof for such early attendance.

 

(b)  continue to work beyond the working day, with one hour break and in that case, he/she shall be paid by the Producer extrawages at the rate of Rs                    for the work during the extended hours and refreshments, and transport facilities.

7.   That the Producer shall provide transport and food or pay traveling allowances to and fro to report to duty and food allowance while on duty as are customary or fixed by bilateral arrangements between the Producer’s and audio-visual worker’s representative organizations.

 

8.   That the Producer shall also pay for all travelling and accommodation expenses, fares, cost of food and such other allowances as are customarywhen the audio-visual worker is required to work on location outdoors.

9.   That the Producer shall get the audio-visual worker insured for any injury or damage to his/her person including death caused by accident arisingout of or in the course of his/her employment and/or during the period of his/her assignment under this agreement.

 

10.    That where the Producer is prevented from proceeding with the production of the audio-visual by reason of fire, riot, natural calamity, order of the public authority or any other reason beyond his control :-

 

(a)  he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case theproduction is suspended. The producer shall serve notice in writing of such suspension on the audio-visual worker and shall pay all his/her dues up to the date of service of such notice. Uponresumptionof work on thefilm,thisagreement shall revive and shall remain valid fortheperiod stipulated inClause I excluding theperiod of suspension there from ; or

(b)  he shall be entitled to terminate this agreement as from the cessation of production, in case the production ceases completely. The producer shall serve anotice in writingof such cessation on the audio-visual worker and make payment of all theamount due to the audio-visual worker at the time of termination.

 

11.     That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio-visual worker’s duties or of his/her unwillingness to perform the services required under this agreement, the producer shallbe entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after such payment to the audio-visual worker, the Producer shall be titled to employ another audio-visual worker in his/her place.

12.    That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performance of his/her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio-visual worker of the amount due at the time of termination, calculated taking into consideration the audio-visual worker’s total work in the audio-visual and the work he/she hascompleted tillthe date of terminationof thisagreement.Termination underthisclauseshall not be made unlessthe charges of the Producer against the audio-visual worker are proved before a forum comprising equal number of representatives of the Producers’ Organisation and the audio-visual worker’s Organisation to which the Producer and the audio-visual worker respectively may belong. The decision of the forum shall be binding on both the parties. The producer can engage another audio-visual worker for the job towards this agreement only after the forum has given a decision in favour of such termination and the audio-visual worker has been paid all his dues.

 

13.    That in case of premature termination of thisagreement, it shall be the option of the Producer whether or not to retain the work of the audio-visual worker in the audio-visual and at the same time, it shall be option of the audio-visual worker whether or not to allow his/her name to go on the credit titles of the film.

14.    That the Producer shall have the right to decide the manner of representing the audio-visual worker’s personality on the screen, his/her clothes, make-up and hair-style and the audio-visual worker shall fully and willingly comply with the direction of the Producer in this regard, provided that the requirements of the Producer in this respect have been notified to the audio-visual worker and accepted by him/her.

 

15.    That the audio-visual worker agrees that he/she shall render his/her services to the best of his/her ability in such manner as the Producer or, at his instance, the Director of the audio-visual may direct and shall comply with all reasonable instructions that he may give for the production of the film.

 

16.  That the Producer shall also pay for all traveling and accommodation expenses, fares, cost of food and such other allowances as are customarywhen the audio-visual worker is required to work on location outdoors.

 

17.    ThattheProducershallgettheaudio-visualworkerinsuredforanyinjuryordamagetohis/herpersonincludingdeathcausedbyaccidentarisingout of or in the course of his/her employment and/or during the period of his/her assignment under this agreement.

18.    That where the Producer is prevented from proceeding with the production of the audio-visual by reason of fire, riot, natural calamity, order of the public authority or any other reason beyond his control :-

 

(a)   he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended. The producer shall serve notice in writing of such suspension on the audio-visual worker and shall pay all his/her dues up to the dateof service of such notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension there from ; or

 

(b)   he shall be entitled to terminate this agreement as form the cessation of production, in case the production ceases completely. The producer shall serve a notice in writing of such cessation on the audio-visual worker and make payment of all the amount due to the audio-visual worker at the time of termination.

19.  That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio-visual worker’s dutiesor of his/her unwillingnessto perform the servicesrequired under thisagreement the producer shall be entitled to do soonlyuponpayment ofthebalance ofthe stipulated amountof theagreement. Only after suchpaymentto theaudio-visualworker, the Producer shall been titled to employ another audio-visual worker in his/her place.

 

20.    That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performance of his/her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio-visual worker of the amount due at the time of termination, calculated taking into consideration the audio-visual worker’s total work in the audio-visual and the work he/she hascompleted tillthe date of termination of thisagreement.Termination underthisclauseshall not be made unlessthe charges of the Producer against the audio-visual worker are provide before a forum comprising equal number of representatives of the Producers’ Organisation and the audio-visual worker’s Organisation to which the Producer and the audio-visual worker respectively may belong. The decision of the forum shall be binding on both the parties. The producer can engage another audio-visual worker for the job towards this agreement only after the forum has given a decision in favor of such termination and the audio-visual worker has been paid all his dues.

21.    That in case of premature termination of thisagreement, it shall betheoptionoftheProducer whetheror not to retain theworkof the audio-visualworkerin the audio-visual and at the same time, it shall be option of the audio-visualworkerswhether ornot to allow his/her name to go onthe credit titles of the film.

22.   That the Producer shall have the right to decide the manner of representing the audio-visual worker’s personality on the screen, his/her clothes, make-up andhair-style andthe audio-visual worker shallfully andwillingly comply withthe directionof the Producer inthis regard, provided that the requirements of theProducer in this respect have been notified to the audio-visual worker and accepted by him/her.

23.   That the audio-visual worker agrees that he/she shall render his/her services to the best of his/her ability in such manner as the Producer or, at his instance, the Director of the audio-visual may direct and shall comply with all reasonable instructions that he may give for the production of the film.

24.   Thattheaudio-visualworkershallcomplywithalltheregulationsofthestudio,locationorworkplaceasthecasemaybe.

 

25.   ThattheProducershallnotwithouttheconsentinwritingoftheaudio-visualworker,assignortransferthebenefitofthisagreementtoanyother person.

 

26.   ThattheprovisionsoftheEmployees’ProvidentFundsandMiscellaneousProvisionsAct,1952shallbeapplicabletothisagreement.

27.   That the Producer shall not utilise the work of the audio-visual worker in any film, other than the audio-visual under this agreement, without prior permission of the audio-visual worker.

Thepartieshaveputtheirhandstothisagreementonthedate,monthandyearsaidaboveinthepresenceofeachotherandinthepresenceofthewitnesses.

1.      Witness                                   Producer

NameAddress

2.      Witness                                 audio-visualworker

NameAddress

 

[F.No.S-65025/01/2021-ISH.II] 

ALOKCHANDRA,SeniorLabourandEmploymentAdvisor

 

 

 

UploadedbyDte.ofPrintingatGovernmentofIndiaPress,RingRoad,Mayapuri,NewDelhi-110064 andPublishedbytheControllerofPublications,Delhi-110054.SARVESHKUMARDigitallysignedbySARVESHKUMAR

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Date:2025.12.3105:34:16