Ministry Of Railways Master Circular No. 23 FACTORIES ACT 1948

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Government of India   Ministry of Railways   Master Circular No. 23   FACTORIES ACT 1948   CONTENTS   Part I l. Introduction 2. Important interpretations/definition used in the act (a) Adult (b) Adolescent (c) Child (d) Hazardous Process (e) Manufacturing Process (f) Worker (g) Factory (h) Occupier 3. Appointment of Occupier 4. Time keeper as worker 5. Conditions of service of staff employed in workshops 6. Benefits withdrawn 7. Guidelines to treat the clerical staff 8. Authority to deal the issue raised by recognised union 9. Responsibilities on the Occupier 10. Rate of Overtime 11. Duty for purpose of Overtime hours 12. General Original Orders/Circulars from which Consolidation has been made 1. No. E (LWA) 65 AT / Fac / l-17 dated 05.09.1966 2. No. E (LWA)64 AT / Fac / l-7 dated 28.03.1967 3. No. E (LL) 70AT / Fac / l-2 dated 25.07.1970 4. No. E (LL) 70 ATT / Fac / l-2 dated 22.02.1971 5. No. E (LL) 81 AT / Fac / l-7 dated 16.03.1982 6. No. E (LL) 73 AT / Fac / l-13 dated 26.10.1976 7. No. E (LL) 81 AT / Fac / l-7 dated 05/09.06.1982 8. No. E (LL) 82 AT / Fac / l-2 dated 28.01.1988; RBE 19/88 9. No. E (LL) 88 AT / Fac / l-6 dated 15.02.1989; RBE 1/89 10. No. E (G) 71/LE/17 dated 05.01.1972 11. No. E (LL) 88AT/Fac/l-6 dated 04.01.1991; RBE 3/91 12. No. PC/69/HW/2/4 dated 28.05.1971 13. No. E (LL) 88AT/Pac/l-6 dated 17.05.1990; RBE 81/90 14. No. E (LL) 88AT/Fac/l-6 dated 02.07.1992; RBE 108/92 15. No. E (LL) 88AT/Fac/l-6 dated 27.10.1992; RBE 178/92 16. No. E (LL) 88 AT/Fac/1-6 dated 29.01.1993; RBE 21/93 17 Other Railway Boards Orders on the Subject       FACTORIES ACT 1948     At present the orders relating to “The Factories Act, 1948” are contained in a number of office Circulars/Orders issued from time to time. The question of consolidation of these existing orders/circulars into one Master Circular has been under the consideration of the Ministry of Railways (Railway Board). They have now decided to issue consolidated instructions in the form of a Master Circular on the subject as below for the information and guidance of all concerned.     2. All the Railways and Production Units must be having copy of the Factories Act, 1948 and the amendments issued from time to time. However, some of the important interpretations of the Act are reproduced below for information and convenience sake:   Interpretation   (a)        “Adult” means a person who has completed his eighteenth year of age;   (b)        “Adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year;   (c)       “Child” means a person who has not completed his fifteenth year of age.;   (d)        “Hazardous process” means any process or activity in relation to an industry specified in the First Schedule to the Act where, unless special care is taken, raw materials used therein or the intermediate or finished products, by-products, waste or effluents thereof would:   (i)         cause material impairment to the health of the person engaged in or connected therewith; or   (ii)        result in the pollution of the general environment.   (e)       “Manufacturing process” means any process for—   (i)         making, altering, repairing ornamenting, finishing, packing, oiling. washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or   (ii)        pumping oil, water, sewage or any other substance ; or   (iii)       generating, transforming or transmitting power; or   (iv)       composing types for printing, printing by letter press, lithography, photogravure of other similar process or book binding :   (v)        constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels ; or   (vi)       preserving or storing any article in cold storage.   (f)         “Worker” means a person employed directly or by or through any agency  (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process (but does not include any member of the Armed Forces of the Union).   (g)       “Factory” means any premises including the precincts thereof—   where on 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried out with the aid of power, or is ordinarily so carried on, or   where on 20 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on;   but does not include a mine subject to the operation of the Mines Act, 1952 or a mobile unit belonging to the Armed Forces of the Union, a railway running shed or a hotel, restaurant or eating place;   (h)        “Occupier” of a factory means the person who has ultimate control over the affairs of the factory provided that—   xxx                                          xxx                                          xxx   in the case of a factory owned or controlled by the Central Government or any State Government or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government or State Government, or the local authority, as the case may be, should be deemed to the occupier.   [Authority: Chapter I of the Factories Act, 1948]     3. The Chief Mechanical Engineers of Railway Production Units have been appointed as “Occupiers” of the respective units in terms of the provisions of the Factories Act, 1948.   [E (LL) 88/AT/Fac/l-6, dated 15.02.1989]   3.1 The officers mentioned at Annexure ‘A’ have been appointed as “Occupier” of the respective Zonal Railways factories/workshops under the provisions of the Factories Act, 1948. [E(LL) 88/AT/Fac/l-6 dated 04.01.1991]   4.In accordance with the Supreme Court Judgment, in the case of Jhansi Workshop of the Central Railway, the Time-keepers employed in Railway Workshops which come under the purview of the Factories Act, 1948 and who are at present governed by the provisions of the Hours of Employment Regulations on the Railways should be henceforth treated as “workers” under the Factories Act, 1948 for all purposes.   [E(LL)70/AT/Fac/l -2, dated 25.07.1970 and E(LL)70/AT/Fac/l-2, dated 22.02.1971]     5. Time-keepers and other categories of staff employed in workshops who are classified as “workers” under the Factories Act, 1948 but who are not regular workshop staff, their conditions of service in all respects other than those regulated by the statute, should be the same as were in force prior to their coming under the scope of the Factories Act, 1948. However, on the Railway s/Production Units which have in the mean while introduced differ­ent practices by treating such categories of staff as workshop staff in matters not connected by the provisions of the said Act, before or after the Supreme Court judgment referred to in Board’s letter at para 4 above, the status quo should be maintained.   [E(LL)73/AT/Fac/l-13 dated 26.10.1976]   6. The benefit of grant of Casual Leave in addition to the payment of overtime under the Factories Act, 1948 to Time Keepers employed in the workshops is withdrawn with effect from 28.05.1971. Casual Leave taken before this date need not be reopened for adjustment.   [Nos. PC/69/HW/2/4 dated 28.05.1971 and E(G) 71/ LE/ 17 dated 05.01.1972]   7. The workshop authorities concerned may decide, in consultation with their FA & CAO and the Law Officer, the question of treating clerical and other allied categories of staff employed in different nature of the jobs in Railway workshops as “Workers” under the Factories Act, 1948 keeping in view: —   (a). nature of job performed by each category of such employees;   (b). definition of the term “worker” given in the Factories Act, i.e. whether their duties are incidental to or connected with manufacturing process;   (c). the decision given by the Supreme Court in the case of Time Keepers referred to above, i.e. the definition of “worker” under the Factories Act, 1948 does not exclude employees who are entrusted solely with clerical duties, if they otherwise fall within the definition of the word “worker”; and (d). If necessary after ascertaining the position obtaining in this regard in major non-Railway workshops situated in the same State.   However, where clerical staff employed in workshops are already being treated as “workers” under the Factories Act, 1948, no change need be made in the decision taken by the Railway Administrations.   [E(LL) 81/AT/Fac/1-7, dated 16.03.1982]   8. The recognised Unions may bring any issues arising out of the decision taken by the Railway Administrations in accordance with the guidelines laid down in para 7 above, in PNM Meetings with the Railways concerned and the Railways should deal with such issues them selves.         [E(LL) 81/AT/Fac/I-7, dated 09.06.1982]   9. The provisions of the Factories Act, 1948 more so with the introduction of provisions relating to “Hazardous processes”, east very important responsibilities on the “Occupier” which should be carefully studied and appropriate action taken to avoid any infringement of these provisions.   [E(LL)88/AT/Fac/l-2, dated 28.01.1988]     10. Overtime under Section 59 (l) of the Factories Act, 1948 to the staff governed by the same should be calculated on a daily basis or weekly basis, whichever is more favourable to the employee. Past cases dealt with otherwise need not be opened.   [E(LWA)64/AT/Fac/l-7, dated 28.03.1967]   11.For purpose of payment of overtime to workshop staff sent out from shops with trial engines or vehicles and to those sent out from shops to work at outstation temporarily, no distinction should be drawn between the hours of duty put in by them beyond shop hours and the hours during which such staff actually work. Irrespective of whether they are actually engaged in work, the total period during which they remain on duty beyond shop hours should be counted as duty for payment of overtime.   [E(LWA)165/AT / Fac /l-17, dated 05.09.1966]     12. General:   While referring to this circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original circular should be relied upon as authority.     The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions in force at the relevant time should be referred to; and     (c). If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board.       APPENDICES     l. Subject : Payment of over time to workshop staff accompanying the trial rakes.     [No. E(LWA)65AT/Fac 1-17, dated 05.09.1966]     Reference your letter No. E82/0 dated 05.07.1965. It is clarified that for purposes of payment of overtime to workshop staff sent out from shops with trial engines or vehicles  and to those sent out from shops to work at outstation temporarily, no distinction should be drawn between the hours of duty put in by them beyond shop hours and the hours during which such staff actually work. Irrespective of whether such staff are actually engaged in work, the total period during which they remain on duty beyond shop hours should be counted as duty for payment of overtime in terms of Board’s orders contained in their letter No. (E)(LWA)61AT2-4 dated 18.05.1962. ___________________________________________________________________________   Copy of letter No. E 82/0 dated 05.07.1965 General Manager, Western Railway   Subject: Payment of overtime to workshop staff accompanying the trial rakes.   Reference:     Rly Board’s letter No. E (LWA) 61AT2-4 dated 18.05.1992     The Board vide their letter quoted above, have directed that workmen sent out from Shops with engines and vehicles on trial trips should be paid overtime allowance at single rate for actual number of hour s worked beyond shop hours and that where it is not possible to find out the exact period of the duty hours beyond the shop hours during which the staff actually work, the overtime should be calculated on the basis of the total period during which they remain on duty beyond shop hours.   2. The words “actual number of hours worked” occurring in Board’s orders referred to in para l above were interpreted by this Administration as meaning the total period from the time at which the staff were called on duty for accompanying the rake to the time the rake reached its destination plus the time taken by staff in rectifying defects at the destination. This included the periods of detention en route for operating requirements such as crossing, watering etc., during which the staff may not have been doing any specific work connected with the trial rake.   3.An objection has now been raised by the Audit to the effect that according to the Railway Board’s letter No. E(LWA)61AT2-4 dated 18.05.1962, overtime allowance is payable only for the actual hours worked beyond shop hours. The actual working hours, according to the interpretation of the Audit, should be the time when the rake was in motion plus the time the staff were actually busy in rectifying the defects (either at the destination or en route) noticed during the run but would exclude the periods of detentions en route on account of non-availability of path power etc. (The Audit have, however, agreed to detentions at stations not exceeding half an hour being treated as usual detention and counted for the purpose of overtime). 4. In this connection it is stated that though the staff may not be physically doing any work during the period of detention en route, they are on duty and are not free to move about. Further, the detention en route on account of non-availability of path, power, etc. or for other operating requirements are due to reasons beyond the control of the staff accompanying the trial rakes. This being so, it is felt that it will not be fair to deny them the payment of overtime for the period of their detention en route, even if such detentions are for periods exceeding half an hour. This would mean, that the actual hours of duty for the staff accompanying trial rakes would consist of the time taken by the rake to reach its destination inclusive of all detentions en route (including detention for periods exceeding half an hour) plus the time taken to rectify defects noticed during the run at the destina­tion. The Board are requested to kindly confirm this view.   5. In the meanwhile, keeping in view the Audit objection as brought out in para 3 above, instructions are being issued to all concerned to the effect that the staff accompanying the trial rakes should maintain records of the actual work done by them and the time taken to rectify the defects, if any, during the period of detentions en route or at the destination, so that it would be possible for the departmental officers to certify the period of actual duty hours of the staff for the purposes of payment of overtime.   6. This issues with the concurrence of the Financial Adviser and Chief Accounts Officer.       Subject:Method of calculation of overtime allowance under Section 59(1) of the Factories Act, 1948.   [No. E(LWA)64AT/Fac/l-7 dated 28.03.1967]   A doubt has been raised as to whether the payment of overtime allowance to the  staff governed by the Factories Act, 1948, should be regulated on the basis of the number of hours of work performed in a day or on the basis of the number of hours of work performed in the course of a week. After careful consideration, the Board have decided that overtime under Section 59(1) of the Factories Act. 1948 should be calculated on a daily basis or weekly basis, whichever is more favourable to the employee. Past cases dealt with otherwise than in accordance with the above orders need not be reopened.   This has the sanction of the President.     (This disposes of G.M., Central Railway’s letter No. 20359-X-VI dated 18.05.1964)     Subject: Application of the provisions of the Factories Act, 1948 to Time-Keepers employed in workshops on Railways.     [No. E(LL)70AT/Fac/l-2, dated 25.07.1970]     In a recent judgment it was held by the Supreme Court that the definition of “worker” under the Factories Act did not seem to exclude those employees who were entrusted solely with the clerical duties, if they otherwise fell within the definition of “worker”, and that keeping in view the duties and functions of the Time Keepers in workshops they would fall within the definition of the word “worker”. A copy of the said judgment is enclosed. In view of this judgment, it has been decided by the Board that Time Keepers employed in workshops which come under the purview of the Factories Act, 1948 and who are at present governed by the provisions of the Hours of Employment Regulations on your Railway should henceforth be treated as “workers” under the Factories Act for all purposes.       (This disposes of G.M., Central Railway’s letter No. 23640-S/605 dated 21.02.1970.)       Subject:  Application of the provisions of Factories Act, 1948 to Time-Keepers in workshops on Railways.     [No. E(LL) 70AT/Fac/l-2, dated 22.02.1971]     Reference Railway Board’s letter No. E(LL) 70AT/Fac.l-2, dated 25.07.1970 indicating Board’s decision that Time Keepers employed in work­shops governed by the Factories Act, 1948 should be treated as “workers” under the Act for all purposes. It is clarified that the above orders are applicable to the Time-keepers employed in all such establishments as are governed by the Factories Act, 1948.       5.         Not Printed                                                 [No. PC/69/HW/2/4 dated 28.05.1971]           Subject: Application of provisions of the Factories Act, 1948 to Time Keepers employed in Workshops on Railways.     [No. E(G) 71 LEI-17, dated 05.01.1972]   Reference instructions contained m Board’s letter No. PC-69 HW-24 dated 28.05.1971, wherein it has been provided that the benefit of the grant of Casual Leave in addition to the payment of overtime under the Factories Act allowed to the Time Keepers as Personal should be withdrawn with immediate effect. It is clarified that Casual Leave taken by the Time Keepers before 28.05.1971 should not be re-opened for adjustment.       Subject:    Extension of the benefits applicable to ‘Workshop staff’ to Time-Keepers and other categories of staff employed in workshops who are classified as “workers” under the Factories Act, 1948 but not classified as ‘workshop staff’.   [No. E(LL)73AT/Fac/l-13, dated 26.10.1976]     Reference the Ministry of Railways letter No. E(LL)70AT/Fac/l-2, dated 25.07.1970 in which the Railways were advised to treat the Time Keepers employed in the Workshops as “workers” under the Factories Act. 1948 for all purposes in accordance  with Supreme Court Judgment. In this context a question has been raised as to whether payment of overtime under the Departmental Rules and other service conditions applicable to “work­shop staff could also be extended to such Time Keepers and other similar categories to staff in Railway workshops. It is observed from the informa­tion  furnished by the Railways in reply to this Ministry’s letter No. E(LL)73AT/Fac/l -13, dated 22.05.1976 that no uniform procedure is being followed in the matter.     2. It has been decided by the Ministry of Railways that in the case of Time Keepers and   other categories of staff employed in workshops who are classified as  “workers” under the Factories Act, 1948 but who are not regular workshop staff, their  conditions of service in all respects other man those regulated by the statute, should be the same as were in force prior to their coming under the scope of the Factories Act. 1948, or prior to decision that they are’ workers’ under the said Act in accordance with the instructions contained in this Ministry’s letter of 25.07.1970 referred to above. They have, however, decided that on the Railways/Production Units, which have in the meanwhile introduced different practices by treating such categories of staff as workshop staff in certain matters not covered by the provisions of the Factories Act, 1948, before or  after the Supreme Court decision, the status quo should be maintained.     3.      This issues with the concurrence of the Finance Directorate of the Ministry of Railways.     Subject: Application of the provisions of the Factories Act, 1948 to clerical staff etc. employed in Workshops etc. on Railways.     [No. E(LL)81AT/Fac/I-7, dated 16.03.1982]   Reference Ministry of Railways’ letter No. E(LL)70AT/Fac/l-2 dated 25.07.1970 in which the Railway Administrations were advised to bring time-keepers employed in workshops within the coverage of the provisions of the Factories Act, 1948 keeping in view the decision of the Supreme Court given in Civil Appeal No. 1644 if 1966 in the case of certain time-keepers of the Central Railway Workshops at Jhansi.   2.                  It has been represented that like the time keepers employed in railway workshops who   are treated as “workers” under the Factories Act, 1948, clerical staff  employed on different jobs on shop floor in workshops Works Manager’s office, Time office, Shop Superintendent’s office and Foremen’s office should be treated as “workers” and allowed the benefits of the Factories Act, 1948.   3.   From the information collected from Railways it is noticed that while in Certain workshops clerical staff are treated as “workers” under the Factories Act in most other workshops they are governed by the Hours of Employment Regulations.   4.  The Ministry of Railways have considered the matter and have decided that the workshop authorities concerned may decide in consultation with their FA & CAO and the Law Officer the question of treating clerical and other allied categories of staff employed in different nature of jobs in railway workshops as “workers” under the Factories Act, 1948 keeping in view:   (a)        nature of job performed by each category of such employees;   (b)        definition of term “worker” given in the Factories Act, i.e. whether their duties are incidental to or connected with manufacturing process;   (c)        the decision given by the Supreme Court in the case of time-keepers employed in the Workshops of the Central Railway at Jhansi, i.e., the definition of “worker” under the Factories Act docs not exclude employees who are entrusted solely with clerical duties, if they otherwise fall within the definition of the word “worker”; and   (d)        if necessary after ascertaining the position obtaining in this regard in major non-railway workshop situated in the same State.     5. In cases where clerical staff employed in workshops are being treated as “workers” under the Factories Act no change need be made in the decision already taken by the Administration.   (This also disposes of letter No. 971-E/G-VII/Evi, dated 20.08.1981 from the General        Manager, Northern Railway.) Subject:  Application of the provisions of the Factories Act, 1948 to clerical staff, etc.,    employed in workshops; etc. on Railways.   [No. E(LL)81AT/Fac/l-7, dated 05/09.06.1982]   Reference the Ministry of Railways letter of even number dated 16.03.1982 laying down the guidelines for the Railways/Production Units to take decision in regard to the application of the provisions of the Factories Act, 1940 to clerical and the allied categories of staff employed in different “ jobs in Railway workshops, etc. as “workers” under the Act after each case is considered by them on merits keeping in view the decision of the Supreme “ Court in the case of Time Keepers and guidelines given therein.   On a representation received from the General Secretary AIRF, a reply has been sent by the Ministry of Railways advising them that it is for the Railway Administration itself to examine each case on merits in accordance with guidelines laid down in their letter dated 16th March 1982 and that any issue arising out of the implementation of the decision taken by the Railway Administration in such cases could be raised by the recognised Unions at a) PNM Meeting with the Railway Administration concerned for settlement.     It is requested that issues raised by the recognised unions in such cases may be dealt with accordingly.       Subject:   Factories (Amendment) Act, 1987.   [No. (E(LL)82AT/Fac/l-2, dated 28.0l.1988; RBE 19/88]   The Factories Act, 1948, has recently been extensively amended vide the Factories (Amendment) Act, 1987 (20 of 1987). Suitable number of copies of this amendment may be purchased from the local market. A copy of the Notification No. S-250 13 /4/87-Fac. dated 29/9th December, 1987 issued by the Ministry of Labour enforcing the various provisions of the amended Act is enclosed. Appropriate action should be taken to comply with the amended provisions of the Act.     2.   It may be noted that a new Chapter, viz. Chapter VI-A containing provisions relatingto ‘Hazardous Processes’ has been inserted in the Act. These provisions east very important responsibilities on the occupier, which should be carefully studied and appropriate action taken to avoid any infringement of these provisions.       COPY   [To be published in Part II, Section 3, Sub-section (U) of the Gazetted of India Extraordinary dated the 29th October, 1987]     Government of India Ministry of Labour     New Delhi, Date. 09/29 .12. 1987   NOTIFICATION     S.O. 961(E)-    In exercise of powers conferred by sub-section (2) of Section l of the Factories (Amendment) Act, 1987 (20 of 1987) the Central Government hereby appoints, —   (i)         The first day of December 1987 as the date on which sections 2, 3, 4 (so far as it relates to new Section 7A), 5, 6, 7, 8,9,10,11, 12, 13, 14, 15, 16, 17, 18, 19, 20, (so far as it relates to new Sections 41A, 41B, 41C, 41D, 41E, 41G and 41H ) 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45 (so far as it relates to the First Schedule) and 46; and   (ii)        the first day of June 1988, as the date on which Sections 4 (so far as it relates to new Section 7B), 20 (so far as it relates to new Section 41 F including the Schedule referred to therein) and 45 (so far as it relates to the Second Schedule),shall come into force.       Sd/- (Hirak Ghosh) Jt. Secretary to the Government of India       11.      Subject:           Factories Amendment Act, 1987—Appointment of ‘Occupier’ under clause (iii) of first proviso to clause (n) [as introduced by the Factories (Amend­ment) Act, 1987] of Section 2 of the Factories Act, 1948.     [No. E(LL)88AT/Fac/I-6, dated 15.02.1989; RBE 51/89]     As per Clause (iii) of the first proviso to Clause (n) of Section 2 of the Factories Act, 1948 (as amended in 1987) the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority as the case may be, shall be deemed to be the ‘Occupier’ of a factory owned or controlled by Central Government or any State Government or local authority.     2. The question of appointment of ‘Occupier’ of the Production Units on the Railways has been under consideration of the Ministry which has now been decided. The Ministry of Railways (Railway Board) hereby appoint the Chief Mechanical Engineer of Railway Production Unit as ‘Occupier’ of the respective Unit in terms of the provisions of Factories Act mentioned in para l above.     12.     Subject:           Factories Amendment Act—Appointment of ‘Oc­cupier’ under Clause (iii) of First proviso to Clause (n) (as introduced by the Factories (Amendment) Act, 1987] of Section 2 of the Factories Act, 1948.     [No. E (LL)88AT/Fac/l-6, dated 04.01.1991; RBE 3/91]     In terms of Clause (iii) of the first proviso to Clause(n) of Section 2 of Factories Act, 1948(as amended in 1987), the Ministry of Railway’s hereby appoint officers given in the enclosed statement as “Occupier” of the respective factories/workshops on the Zonal Railways.         ANNEXURE     Officers Appointed as ‘Occupier’ in Factories/Workshops on Central Railway     Sl.   No.      Name of Factory/                      Designation of the                    Designation of the                Workshop                      highest official in                        Officer proposed to         Factory/Workshop                      be appointed as        ‘Occupier’  1.          Loco Workshop, Parel               Chief Workshop Manager                C.W.M.   2.           Carriage & Wagon                       Chief Workshop Manager              C.W.M.               Workshop, Matunga   3.          Carriage & Wagon                       Chief Workshop Manager                C.W.M.               Workshop, Jhansi   4.        Carriage Coach Repair               Chief Workshop Manager                C.W.M.              Workshop, Bhopal   5.         Rail Spring Karkhana                Chief Workshop Manager                   C.W.M.            Sithouli, Gwalior   6.        TMW Nasik Road –                      Chief Workshop Manager               Chief Workshop Manager   7.          Electrical Loco                           Dy. Chief Electrical                           Dy. Chief Electrical                 Workshop, Bhusawal                     Engineer (ELW)                              Engineer (ELW)   8.       Supt. Printing &                          Supt. Printing &                                 Supt. Printing &            Stationery, Byculla                         Stationery                                           Stationery   9.         Signal &                                    Chief Workshop                              Chief Workshop          Telecommunication                      Manager                                             Manager        Workshop, Byculla                                                                                ( Signal &Telecommunication )   10.       Central Engineering            Chief Workshop                              Chief Workshop          Workshop, Manmad                 Manager, Manmad                         Manager           Officers Appointed as ‘Occupier’ in Factories/Workshops on Eastern Railway   Sl.No.      Name of  Factory /  Designation of the  Designati on of the Workshop                              Designation of the     highest official in   actory/Workshop       Factory/Workshop  Officer proposed to   be appointed as  ‘Occupier’ 1 Locomotive & Carriage andWagon Workshop, E. Rly., Kanchrapara   Chief Works Manager, Eastern Rly.,      Kanchrapara         Chief Works Manager, Eastern   Rly., Kanchrapara 2 C & W Workshop. Liluah    Chief Works Manager   Liluah       Chief Works    Manager, Liluah 3    Loco Workshop,     Loco Workshop,            Chief Works Manager,   Jamalpur          Chief Works        Manager, Jamalpur 4 Printing & Stationery  Calcutta       Sr. Superintendent     Printing & Stationery        Sr. Superintendent Printing & Stationery 5 Plant Depot Workshops,  Chief Works Manager,Chief Works    Mughalsaria                  Chief Works    Mughalsaria                         6 Signal Workshop, Howrah    Manager, Signal   Work­shop, Howrah            Manager, Signal Work­shop, Howrah       Officers Appointed as ‘Occupier’ in Factories/Workshops on Northern Railway   Sl.   No. Name of Factory/   Workshop              Designation of the    highest official in  Factory/Workshop   Designation of the Officer proposed to   be appointed as ‘Occupier’ 1    Bridge Workshop,  Jalandhar Cantt. Dy. C. E. (B)     Dy. C. E. (B) 2 Bridge Workshop,  Charbagh, Lucknow        Dy. C. E. (B)                  Dy. C. E. (B) 3 Locomotive Workshop,  Charbagh, Lucknow     Chief Works Manager Chief Works Manager 4   C & W Shop, AMV,  Lucknow Dy. C.M.E.(W)              Dy. C.M.E.(W) 5   Locomotive Workshop, Amritsar    Dy. C.M.E. (W)                Dy. C.M.E.(W) 6 Signal Workshop,  Ghaziabad       Chief Works Manager Chief Works Manager 7 C & W Shops, Jagadhari and Kalka         Chief Works Manager  Chief Works    Manager 8   Loco C & W Shops, Jodhpur             Dy. C. M. E. (W)                  Dy. C. M. E. (W) 9 Loco C & W, Shops,      Dy. C. M. E. (W)    Dy. C. M. E. (W)             Officers Appointed as ‘Occupier’ in Factories/Workshops on North-Eastern Railway     Sl.   No. Name of Factory/   Workshop                         Designation of the highest official in   Factory/Workshop           Designation of the Officer proposed to be appointed as ‘Occupier’ 1 Loco & C & W   Workshop, Gorakhpur                Chief Workshop Manager Chief Workshop Manager 2 C & W Workshop Izatnagar        Chief Workshop Manager     Chief Workshop Manager  3   Mechanical Workshop   Samastipur       Works Manager Works Manager 4   Signal Workshop,  Gorakhpur Cant.  Chief Works Manager       Chief Works Manager       5 Bridge Workshop,   Gorakhpur Cant.    Chief Workshop Manager Executive Engineer (BW)                                 Officers Appointed as ‘Occupier’ in Factories/Workshops on Northeast Frontier Railway Railway   S. no Name of Factory/ Workshop                       Designation of the   highest official in   Factory/Workshop                Designation of the    Officer proposed to be appointed as ‘Occupier’ 1 C & W Workshop, new  Bongaigaon    Chief Workshop     Engineer, Maligaon              Deputy Chief  Mechanical Engineer, New Bongaigaon 2    Loco Carriage and Wagon  repairing Workshop, Dibrugarh          Deputy Chief    Mechanical Engineer,    Dibrugarh                                            Deputy Chief Mechanical Engineer,    Dibrugarh 3    General Electrical Repair Shop, New Bongaigaon Chief Electrical  Engineer, Maligaon          District Electrical    Engineer, New Bongaigaon 4 Engineering Workshop, Bongaigaon Works Manager/EWS, Bongaigaon   Works Manager / EWS, Bongaigaon             Officers Appointed as ‘Occupier’ in Factories/Workshops on Southern Railway       Sl.   No. Name of Factory/ Workshop    Designation of the highest official in Factory/Workshop Designation of theOfficer proposed to be appointed as ‘Occupier’ 1   Engineering Workshop,  Arakkonam        Dy. C. E. EWS  Arakkonam       DyCE/EWS/AJJ 2 Creosoting Plant/   Aravan-gadu, Palghat     DRM, Palghat      Sr. DEN/PGT 3     Electrical Workshops        Perambur     Chief Electrical      Work­shop Engineer/    Electrical Shops,        Perambur             CEWE/PER 4     Divisional Electrical  Repair Shop, Madurai     Divisional Railway Manager, Madurai     Sr. DEE/MDU 5    Divisional Electrical Repair Shop, Palghat   Divisional Railway        Manager, Palghat           Sr. DEE.PGT 6 Electrical Car Workshop, Tambaram                    Divisional Railway    Manager, Madras  (Overall control) SR. DEE/RS, Tambaram, Madras Division     Sr. DEE/RS/TBM 7   Electrical Car Workshop, Avadi     Divisional Railway     Manager, Madras (Overall control)  SR. DEE/RS, Avadi, Madras Division      Sr. DEE/RS/Avadi 8 Central Workshop,Golden Rock    Chief Workshop Manager,        Golden Rock        CWM/GOC 9 Loco Workshop Perambur          Chief Workshop        Manager Loco             CWM/LW/PER 10 Carriage & Wagon  Workshops,  Perambur         Chief Workshop  Manager, Carriage                   Works, Perambur  CWM/LW/PER 11 Central Workshops,  Mysore South Dy. Chief Mechanical Engineer, Mysore South Dy. CME/MYSS 12 Signal & Telecommunication Workshops, Podanur Chief Workshop Manager Signal Workshops, Podanur CWM/S&T/PTJ 13 Printing Press,  Royapuram     Superintendent, Printing  & Stationery, Royapuram   SPS/RPM 14 Ticket Printing Factory,Tiruchirappali    Superintendent, Printing & Stationery, Royapurm SPS/RPM 15 Ticket Printing Factory,Mysore            Superintendent, Printing & Stationery, Royapurm             SPS/RPM   Officers Appointed as ‘Occupier’ in Factories/Workshops on South Central Railway Railway     Sl.   No.   Name of Factory/ Workshop            Designation of the highest official in Factory/Workshop                  Designation of the    Officer proposed to   be appointed as ‘Occupier’ 1 Loco Carriage & Workshop (BG), Lallaguda Chief Workshop Manager Chief Workshop Wagon Manager 2 Loco Carriage & Wagon Workshop (MG), Hubli     Chief Workshop  Manager                  Chief Workshop  Manager     3 Wagon Repair Shop, Guntupalli      Dy.CME           Dy CME 4 Carriage Repair  Shop, Tirupati      Dy.CME      Dy CME 5 Signal & Telecom. Work­shop,Mettuguda                 Chief Workshop  Manager     Chief Workshop  Manager  6 Engg- Workshop, Lallaguda  Works Manager                Works Manager 7 Flash Butt Welding  Plant, Moula Ali   Asstt. Engineer  Asstt. Engineer  Incharge 8 Printing Press Secunderabad        Supt. Printing &   Stationery               Supt. Printing & Stationery   Officers Appointed as ‘Occupier’ in Factories/Workshops on South Eastern Railway   Sl.  No. Name of Factory/ Workshop   Designation of the highest official in Factory/Workshop Designation of the Officer proposed to be appointed as ‘Occupier’ 1 Electrical Shops Nos.50, 51, 52, 53, 54, & 55, Kharagpur Chief Project    Manager (W/M)  Chief Project Manager 2 Line Engineering Work­shop, Kharagpur Dy Shop Supt. Engg. Workshop, Kharagpur Asst. Engineer II 3 Carriage Repair  Work­shop, Mancheswar  Chief Workshop  Manager CWM, Mancheswar 4 Ticket Printing Press,  Garden Reach, Calcutta  CMM(L)          Asst. Supt.   ( Ptg & Sty. ) 5 Narrow Gauge  Workshop, Nagpur Chief Workshop Engineer, S.E. Rly., Calcutta     Dy. Chief Mech.Engineer,  Nagpur 6 Wagon Repair Shop,Adra    Sr. DME,S.E. Rly., Adra Sr. DME, Adra 7 Signal Workshop, S.E. Rly., Kharagpur Asst. Signal & Telecom Engineer (Signal)   Asst. Signal &Telecom Engineer (Signal) 8 Wagon Repair Shop,Raipur  Chief Workshop  Manager    Chief Workshop Manager 9 Engineering Workshop,Sini  Dy. Chief Engineer (Workshop), Sini Dy. Chief Engineer (Workshop), Sini 10 Printing Press,Kharagpur  Asstt. Supt.Ptg. & Sty. Asstt. Supt.( Ptg. & Sty. ) 11 Mechanical Shops Nos. l to 20, 22, 35,Kharagpur and Chief Project Manager C. P. M.   Incentive Shop No. 21 CPM/W/M, KGP Workshop C. P. M.   Shop No. 23 to 33 CPM/W/M, KGP Workshop C. P. M.   Shop No. 36 to 49       CPM/W/M, KGP Workshop C. P. M. 12   Divl. Engg. Mill  Wright Workshop, Cuttak Chargeman, Cuttak DRM / Engg.; KUR 13 Divl. Engineering Work­shop, Bilaspur Chief Project Manager Sr. Divl. Engineer(Cord) Sr. Divl. Engineer  (Cord)                     Officers Appointed as ‘Occupier’ in Factories/Workshops on Western Railway   Sl.   No. Name of Factory/Workshop  Designation of thehighest official in Factory/Workshop Designation of the Officer proposed to be appointed as Occupier   1 Engg. Workshop,  Sabarmati  Chief Workshop Manager (E/W) SB-I   Chief Workshop 2 Western Rly.Ptg. Press, Mahalaxmi    Supt. Ptg. & Sty.   Supt. Ptg. & Sty. 3  W. Rly., Carriage Work­shop, Lower     Parel, Bombay   Chief Workshop Manager                Chief Workshop Manager       4 Signal W/Shop, Sabarmati   Works Manager (Sig.)  Works Manager 5 W. Rly. EMU  Workshop,Mahalaxmi Dy. Chief Electrical   Engineer, EMU  Dy. Chief Electrical   Engineer, EMU 6 W. Rly. Workshop, Lower Parel, Bombay   Chief Works Manager,   Parel           Chief Workshop Manager       7 Clothing Factory,Mahalaxmi,Bombay   District Controller of Stores,  Mahalaxmi, Bombay District Controller of Stores 8   Electric Repair Shop, Rajkot  Sr. Electrical Foreman Sr. District Elec.Engi­neer / Dist.Electric Engi­neer 9 Electric Workshop,Dahod   District Electrical  Engi­neer Workshop,Dahod District Electrical Engi­neer 10    Electrical Workshop,  Ajmer Dy. Chief Electrical   En­gineer (W) Ajmer  Dy. Chief ElectricalEn­gineer 11 T. L. Depot, Ajmer Sr. Electrical Foreman (TL) Ajmer Divisional Electrical En­gineer 12 Wagon Repair    Shop, W. Rly.,Kota Chief Works Manager  Chief Works Manager  13 Loco Workshop   Ajmer C & W   S/Shop. Ajmer Dy CME (L) Ajmer Dy. CME (C & W) Ajmer Dy. Chief MechanicalEngineer 14 Signal Workshop,Ajmer Asst. Works Manager(Sig) Ajmer Asst. Works Manager 15 Wagon Repair Shop, Jaipur   Asst. Works Manager    (W) Jaipur Asst. Works Manager 16 Stores W/Shop General Store Depot, Sabarmati  District Controller of Stores, Sabarmali District Controllerof Stores 17 Railway Power Sr. Electrical Chargeman of  Rly. Power HouseRTM under Divl.Elec. Engineer  Divisional Electrical Engineer 18 Railway Power House, Nimach Divisional Electrical En­gineer Sr. Electrical Chargeman Rly. P.H Nimach, Under DEEW. Rly., RTM Sr. Electrical Chargeman 19 Sr. Electrical Chargeman Telecom. Workshop. W. Rly., Bombay Central Sr. ElectricalChargemanTelecom. Workshop.W. Rly., Bombay Central Chief TelecomInspector Sr. Divl. Sig. &Telecom Engineer   (II) Signal W/Shop Parel Lower Parel  Chief Signal   Inspector    Sr. Divl. Sig. &Telecom Engineer   Over Head W/Shop BCT, Bombay Chief Traction Foreman Over Head Equipment ForemanBCT    Chief Traction ( O. H. Equip. )     Electric al (Power)  Repair Shop, BCT Sr. Electrical Engineer Divl. Elec. Engineer   Carriage & WagonDepot. (Factory)    Bombay Central  Divl. Mech. Engineer(Coaching) Bombay   Central Sr. Divl. Mech. Engineer   Traffic W./Shop, Grant Road Workshop, Ajmer Assistant Commercial Inspector  Sr. Divl.Commercial Supt.   Traffic W/Shop,  Bulsar WagonRepair -Do-  -Do-  20 W. Rly. Loco    Workshop, Dahod  Dy. Chief Mechanical Engineer, Dahod    Dy. Chief Mechanical Engineer 21 Electrical Power House   Sr. Divl. Sig. &Telecom EngineerChief W/Shop ManagerW. Rly., Ajmer Dy. Chief ElectricalEngineer 22 Stores Depot Rly.    /TP Press, Ajmer     Dy. Controller of   Stores, Ajmer     Asst. Supt. ( Ptg. & Sty. ) 23 Bhavnagar Para          W/Shop CarriageRepair Shop Work Manager BVP   Shop Superintendent   Morvi W/Shop (Carriage & Wagon) Repair Work Manager BVP     – Do –   Junagarh W/Shop ( W&C) RepairShop Work Manager BVP     Asst. Works Manager 24 Electrical Repair   Shop, Kota         Sr. Elec. Chargeman Sr. Divl. Elec.  Engineer ( Power ) Kota 25 Mechanical         Workshop,      Pratapnagar Works Manager Sr. Divl. Elec.Engineer ( Power )  Kota 26 (i) Carriage &  Wagon Workshop,    Kankaria             Carriage & Wagon Supt. Sr. Divl. Mech.Engineer,Pratapnagar   (ii) Elec. Workshop, Pratapnagar  Shop Supt.         Sr. Divl. Elec.Engineer ( Power ) Pratapnagar       24.       Electrical Repair                       Sr. Elec. Chargeman                 Sr. Divl. Elec. Shop, Kota                                                                              Engineer ( Power )                                                                                                             Kota     25.       Mechanical                               Works Manager                       Works Manager Workshop,                                                                               Pratapnagar Pratapnagar     26.       (i) Carriage &                           Carriage & Wagon Supt.          Sr. Divl. Mech. Wagon Workshop,                                                                   Engineer, Kankaria                                                                                  Pratapnagar       (ii) Elec. Workshop,                 Shop Supt.                               Sr. Divl. Elec. Pratapnagar                                                                              Engineer ( Power )                                                                                                             Pratapnagar         13.       Subject:           Factories Amendment Act, 1987—Appointment of ‘Occupier’ under Clause (iii) of first Proviso to Clause (n) as introduced by the Factories Amendment Act, 1987 of Section 2 of Factories Act, 1948.     [No.E(LL)88/AT/Fac/l-6, dated 17.05.1990; RBE 81/90]     The question of appointment of ‘Occupier’ of the Concrete Sleeper Plant, Subedarganj, Allahabad in terms of Clause (iii) of the first proviso to clause (n) of Section 2 of Factories Act, 1948 (as amended in 1987) had been under consideration of this Ministry. It has been decided by the Ministry of Railways to appoint the Deputy Chief Engineer, Concrete Sleeper Plant, Subedarganj, Allahabad as ‘Occupier’ of the Concrete Sleeper Plant.     2. This disposes of your Railway’s letter No. 219-W/lOl/Misc. Corresp /TSO, dated 04.04.1990.       14. Subject:      Appointment of ‘Occupier’ under Clause (iii) of first proviso to clause (n) as introduced by the Factories (Amendment) Act, 1987 of Section 2 of the Factories Act, 1948.     [No. E(LL)88 AT/Fac/l-6, dated 02.07.1992; RBE 108/92]     In terms of Clause (iii) of the first proviso to clause (n) of Section 2 of the Factories Act (as amended in 1987), the Ministry of Railways order the following appointments:                                   Name of the Unit                                Designation of the Officer                                                                                     appointed as “Occupier”                             (i)         Northem Railway                                 Sr. Supt. Printing and Stationary, Printing Press,                                  Shakurbasti              Shakur Basti     (ii)         Ticket Printing                                    Deputy Controller of Stores,             Press, Alambagh                                Alambagh, Lucknow.             Lucknow (N. Rly.)   (iii)       N. E. Railway                                       Supdt., Printing and Stationery             Printing Press,                                     N. W. Railway, Gorakhpur             Gorakhpur.     (iv)       Printing Press, N. F.                            Asst. Printing Supt., Railway Kurseong.                            N.F. Railway, Kurseong                 2. Consequently, these appointments may be added as S. Nos. 10 and 11 ( N. Rly.), S. No. 6 ( N. E. Rly.) and S. No. 5 ( N. F. Rly. ) respectively to the statement containing the list of officers appointed as “Occupiers” in factories/workshops on Northern, North-Eastern and North-East Frontier Railways enclosed with this Ministry’s letter/endorsement of even number dated 04.01.1991 to General Managers of All Indian Railways.   3. This disposes of Northern Railway’s letter No. 97 1E/O-Pt. VIII (EVII), dated 21.04.1992, N. E. Railway’s letter No. E/538/5/(IV), dated 13.05.92 and N. F. Railway’s letter No. E/3/0/(C) Pt. II, dated 24/25.03.92.         15.       Subject:           Appointment of “Occupier” under clause (iii) of first proviso to clause (n) as introduced by the Factories (Amendment) Act, 1987 of Section 2 of the Factories Act, 1948     [No. E(LL) 88 AT/FAC/l-6, dated 27.10.1992; RBE 178/92]     In terms of clause (iii) of the first proviso to clause (n) of Section 2 of the Factories Act (as amended in 1987) the following appointments are made:                   Rly.                 Name of the Unit                                Designation of the officer                                                                                                 appointed as “Occupier”                     Central             (l)         Cloth Cutting                            District Controller of                          Factory, Currsy Rd.                  Stores (G)     South               (l)       Clothing Factory                       Dy. Controller of Stores,                                   Eastern  General Stores,             South Eastern Railway,                      Kharagpur.                                   Kharagpur.            (2)        Galvanising Plant,                      Chief Workshop Manager                     Raipur.                                     (WRS), Raipur.         (3)          Divisional Engg.                        Senior District Engineer (C),                    Workshop, Adra                      Adra     2. Consequently, these appointments may be added as S. No. 11 (C. Rly) and S. Nos. 15 to 17 (SE Rly) respectively to the statement containing the list of officers appointed as “Occupiers” in factories/work-shops on Central and South Eastern Railways enclosed with this Ministry’s letter / endorsement of even number dated 4.1.91, S. No. 46 to General Managers of All Indian Railways.     3. (This disposes of Central Railway’s letter No. HPB/101/LL/ factory/Pt. IV dated 5.08.1992 and South Eastern Railway “s letter No. P/EN/ 30/9/Pt. XI dated 22.06.92.)       16.          Subject:           Appointment of “Occupier” under clause (iii) of first proviso to clause (n) as introduced by the Factories (Amendment) Act, 1987 of Section 2 of the Factories Act, 1948.     [No. E(LL) 88 AT/FAC/1-6, dated 29.01.1993; RBE 21/93]     In partial modification of the list of “Occupiers” in factories/work-shops on Central Railway circulated under their letter No. E(LL) 88 AT/ FA C/l-6 dated 04.01.1991. Ministry of Railways have decided to appoint the Deputy Chief Electrical Engineer (TMW), Nasik Road, as “Occupier” of the Traction Machine Workshop. Nasik Road.     2. In the said list, against S. No. 6, under the head “Designation of the officer appointed as “Occupier”, the following maybe substituted for the existing entry, namely:     Dy Chief Electrical Engineer, (TMW) Nasik Road.     3. (This disposes of Central Railway’s letter No. HPB/101/LE/  Factory/II dated 24.11.1992.)

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