|
Whereas the draft of the
following Rules further to amend the Karnataka Factories Rules, 1969 was
published as required by section 115 of the Factories Act, 1948 (Central Act 63
of 1948) in notification-1 No. LD 16 KABANI 2001 dated 28th December 2001 in
Part. IVA of the Karnataka Gazette Extra-ordinary dated 4th January 2002,
inviting objections and suggestions from all persons likely to be affected
thereby within forty-five days from the date of this publication in the
Official Gazette.
Whereas, the said
Gazette was made available to the public on 04.01.2002.
And whereas, no objections and suggestions have been received by the State
Government.
Now, therefore, in
exercise of the powers conferred by Section 112 of the Factories Act, 1948
(Central Act 63 of 1948) the Government of Karnataka hereby makes the following
rules, namely:- 1.
| 1. |
Title and
Commencement:-
| (1)
|
These rules may be
called the Karnataka Factories (Amendment) Rules, 2002. |
| (2) |
They shall come into
force from the date of their publication in the Official Gazette.
|
|
| 2. |
Amendment of
rule3.:-
In rule 3 of the Karnataka Factories Rules, 1969 (hereinafter referred to as
the said rules):-
| (i) |
in sub-rule
(2), after clause ( c), the following shall be inserted, namely:- "Provided
that in respect of industrial undertaking s whose projects are approved either
by State High Level Clearance Committee or State Level Single Window Clearance
Committee or District Level Single Window Clearance Committee, application for
permission under sub-rule (1) shall be in the combined Application Form along
with the fee and documents specified in this rule".
|
| (ii) |
in sub-rule
(4), after the words, brackets and figures "under sub-rule (3)" the words "and
ensuring the compliance of Building Bye-Laws of the Karnataka Industrial Area
Development Board or any Local Authority, as the case may be" shall be
inserted. |
|
| 3. |
Insertion
of new rule 104B:-
After rule 104 A of the said rules, the following shall be inserted, namely:- "104B,
Exemption from the provision of crèche in certain cases:-
(1) in factories where it is reasonably not practicable to provide and maintain
a crèche in accordance with law, the Chief Inspector of Factories may exempt
such factories from the provisions of rules 101 to 104, if he is satisfied that
alternate arrangements made under sub-rule (2) of this rule are ensured by the
occupier of the factory: Provided that the occupier of the factory shall:-
| (a) |
Obtain the consent of
the employee;
|
| (b) |
Furnish full details of
the places, owners or persons or Non-Government Organization who are providing
such crèche and the infrastructure facilities available therein; |
| (c) |
Bear the cost incurred
by the parent on the child; |
| (d)
|
Furnish the information
of the child as and when it is admitted and withdrawn. |
|
| 2. |
The
alternate arrangements required in sub-rule (1) shall include a "crèche"
provided and maintained by private agencies or person or an individual or
Non-Government Organization.
|
| 3. |
The
exemption granted under sub-rule (1) of this rule, any at any time be withdrawn
by the Chief Inspector, by assigning reasons thereof if he finds after such
enquiry as he may deem fit, that the occupier has committed
a breach of this rule".
|
| 4. |
Amendment
of rule 107:-
In rule 107 of the said rules, for the words "Muster Roll", the words
"Register of Overtime and Payment" shall be substituted.
|
| 5. |
Amendment
of rule 111:-
Rule 111 of the said rules, shall be renumbered as sub-rule (1) thereof and
after sub-rule (1) as so renumbered, the following sub-rule shall be inserted,
namely:-
|
| 6. |
Amendment
of rule 134:-
In rule 134 of the said rules, for clause (1), the following shall be
substituted, namely:-
(1) Combined Annual Return:- On or before the Ist February of each year,
a combined annual return, in duplicate in Form 29".
|
| 7. |
Amendment of
rule 137:-
In rule 137 of the said rules:-
| (i)
|
in sub-rule (1), after
the words "maintain a Muster Roll", the words
"cum Register of Wages/Salary" shall be inserted; |
| (ii) |
in sub-rule (2), for
the words "Muster Roll" occurring in two places, the words "Muster Roll cum
Register of Wages/Salary" shall be substituted.
|
|
|
| 8. |
Insertion of new Form:
After Form1, the following form shall be inserted namely:- The Combined
Application Form.
|
| 9. |
Substitution of Form 9:
For Form 9 of the said rules, the following shall be substituted, namely:-
Register of Overtime and Payment. |
| 10. |
Substitution of Form 20:
For Form 20 of the said rules, the following shall be substituted namely:-
Combined Annual Return.
|
| 11. |
Substitution of Form 22:
For Form 22 of the said rules, the following shall be substituted namely:-
|
|
Muster
Roll Cum Register of Wages/Salary
|
|
By
Order and in the name of Governor of Karnataka
|
|
(B.H.Umapathy)
|
|
Under
Secretary to Government,
|
|
Labour
Department
|
|
The compiler, Karnataka
Gazetteer, Bangalore with a request to publish the same in forthcoming issue of
the extraordinary gazette and supply five hundred copies of the same to the
Labour Department, Room No. 211, 2nd Stage, 2snd Floor, M.S. Buildings,
Bangalore.
Copy to:-
-
The chief Inspector of
Factories and Biolers, Department of Factories & Boilers, Karmika Bhavana,
Bannerghatta Road, Bangalore.
-
The Accountant General,
(Accounts/Accounts and Audits) Karnataka, Bangalore.
-
Concerned Officers
(Through Proper Channel)
-
Guard File,
-
Spare Copies.
|
|
Print