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CHAPTER X

SUPPLEMENTAL RULE PRESCRIBED UNDER SECTION 107

98. PROCEDURE IN APPEALS-

(1) An appeal presented under Section 107 shall lie to the Chief Inspector or in cases where the order appealed against in an order passed by that officer, to the Chief Commissioner or to such authority as the Chief Commissioner may appoint in this behalf and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing cut-fee strips in accordance with Article 11 of Schedule 11 to the Court. fee Act, 1870, and shall be accompanied by a copy of the order appealed against.

(2) Appointment of assessors- On receipt of the memorandum of appeal the appellate authority shall if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and the Inspector whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.

(3) The applicant shall state in the memorandum presented under sub-rule(1) whether he is a member of one or more of the following bodies :-

The body empowered to appoint the assessor shall:-

(a) if the appellant is a member of one of such bodies, be that body;

(b) if he is a member of two such bodies, be the body which the appellant desires should appoint such assessor; and

(c) if the appellant is not a member of any of the aforesaid bodies or if the does not state in the memorandum which of such bodies he desires should appoint the assessor, be the body which the appellate authority considers as the best fitted to represent the industry concerned.

Name of bodies

1. The Delhi Factory Owners Federation, New Delhi .

(4) Remuneration of assessors- An assessor appointed in accordance with the provisions of sub-rule (2) and (3) shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty rupees per dies. He shall also receive the actual traveling expenses. The fees and traveling shall be paid to the assessors by Government; but where assessors have been appointed at the request of the appellant and the appeal had been decided wholly or partly against him the appellate authority may direct that the fees and traveling expenses of the assessor shall be paid in whole or in part by the appellant.

RULE PRESCRIBED UNDER SECTION 108

99. DISPLAY OF NOTICES-

The abstract of the Act and of the Rules required to be displayed in every factory shall be in Form No. 20. Rules prescribed under Section 110

100. RETURN-

The occupier or manager of every factory shall furnish to the Chief Inspector or any other officer designated by the Chief Commissioner in this behalf the following returns, namely :-

1. Annual return:- On or before the 15 January of each year an annual return, in duplicate, in Form No.21 relating to the following matters

(a) Average number of workers employed daily and normal hours worked per week;

(b) Leave with wages;

(c) Compensatory holidays;

(cc) Accident;

(d) Canteens in the case of factories notified by the Chief Commissioner; wherein more than 250 workers are ordinarily employed.

(e) Creches in the case of factories wherein more than 50 women workers are ordinarily employed;

(f) Shelters, rest rooms and lunch rooms in the case of factories wherein more than 150 workers are ordinarily employed;

(g) Welfare officer in the case of factories wherein 500 workers or more are ordinarily employed.

2. Annual return of holidays- Before the end of each year, a return giving notice of all the days on which it is intended to close the factory during the next ensuing year. This return shall be submitted whether the factory is working or is not working during the year preceding the year to which the return relates. Provided that the Chief Commissioner may dispense with this return in the case of any specified factory or any class of factories or of factories in any particular area. Provided further that where the manager of any factory makes any departure from the list of holidays, as aforesaid, prior intimation shall be given to the Chief Inspector Provided also that in the case of a factory in which work is carried on only during certain period or periods of the year the manager shall if so required by the Chief Commissioner, or if the Chief Commissioner directs, through the Chief Inspector, submit the annual or half yearly return, as the case may be, within 15 days after the close of that period or after close of the last of those periods in the year, as the case may be.

3. Half-yearly return- On or before the 15th January and 15th July of each year, a half-yearly return, in duplicate, in Form No.22.

RULE PRESCRIBED UNDER SECTION 109

101. SERVICE OF NOTICES-

The dispatch by post under registered cover of any notice or order shall be deemed sufficient service on the occupier owner or manager of a factory of such notice or order.

RULE 102 TO 106 PRESCRIBED UNDER SECTION 112

102. INFORMATION REQUIRED BY THE INSPECTOR-

The occupier, owner or manager of a factory shall furnish any information that an Inspector may require for the purpose of satisfying himself whether any provision has been duly carried out. Any demand by an Inspector, for any such information, if made, during the course of an inspection shall be complied with forthwith if the information is available in the factory or, if made in writing, shall be complied with within seven days of receipt thereof.

103. MUSTER-ROLL-

The manager of every factory shall maintain a muster- roll of all the workers employed in the Factory in Form No.26 showing (a) the name of each worker; (b) the nature of the work and; (c) the daily attendance of the worker.

Provided that, if the daily attendance is noted in the Register of Adult Workers in Form No.12 or the particulars required under this Rule are noted in any other register, a separate muster-roll required under this rule need not be maintained.

104. REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES-

The Manager of every factory shall maintain a Register of all accidents and dangerous occurrences which occur in the factory in Form No.27.

105. MAINTENANCE OF INSPECTION BOOK-

The Manager of every factory shall maintain a bound inspection book and shall produce it when so required by the Inspector or Certifying Surgeon.

106. INFORMATION REGARDING CLOSURE OF FACTORIES-

The Occupier or Manager of every factory shall report in writing to the Inspector any intended closure of the factory or any section or department thereof, immediately it is decided to do so, intimating the reasons for the closure, the number of workers on the register on the date of the report, the number of workers likely to be affected by the closure and the probable period of the closure. Intimation shall also be sent to the Inspector as soon as the factory or section or department of the factory as the case may be, starts working again.

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