I REGD. GOA'- 51 Panaji, 19th May, 1977 lVaisaka 29, 1899) SERIES I No.7

OFFIC-IAL GAZETTE GOVERNMENT OF GOA, DAMAN AND 'DIU ' . '. ~

GOVERNMENT, OF "GOA, DAMAN

AND DIU

Special Department

Notification

1·43(2)/74·SPL

In exercise of the powers conferred by the proviso

to article 309 of ·the Constitution, read with the

Government of India, Ministry of External MfaJill'S

letter No. F.7(11) f62-Goa dated the 25th July, 1963,

the Admini'Strator of Goa, Daman and Diu is pleased

to make the following ·rules r~lating to the recruit­

"ment to the' Group 'B' posts i!l1 the Dilrectorate of

Archives under the Government of Goa, Daman and

Diu.

1. Short title. - These rules may be called Go­

vemment of Goa, Daman and Diu Directorate of

Archives Group 'B' GaJzetted posts Recruiltment

Rules, 1977.

2. Application_ - These rules shall apply to the

posts specified in Column 1 of the Schedule to these

rules.

3 .Number, classification and scale of pay. - The

number of posts, classification of the saJiid posts and

the scales of pay attached thereto shall be as specii­

fled in column 2 to 4 of the said Schedule.

4. Method of l'OOruitment, age limit and other qua,.

IificationS. - The method of recruitment of the said

posts, age limit, quaHfkations and other matters

connected therewithshaU' be as specified' in columns

5 to 13 of the aforesaid Schedule.

Provided t.hat,

(a) The maximum age limit specified, in the

Schedule in respect of direct recru~tment

may be relaxed in the case of candidates ,,'

belonging to the Scheduled Tribes and other

special ,categories in accordaJnce with ',the

orders i'Ssued by the Government from time

to time

(b) no male candidate, who has more than one

wife living and no female candidate, who

has marrred a person hav.ing already a

wife living, shall be eligible for appoint­

ment unless the Government after having

been satisfied that there are special grounds

for doing sio, exempts· any such candidate

from the operaJtion of this· rule.

5. These rules will come into effect from the date

of the Noti£ication and will relaJte to appoiIl1tn.lents

to the various posts made on or after this date.

6. These rules are issued ,iill supersession of any

existing rules for the. posts, and with approvo:l of

the Union Public Service Commission granted under

their letter No. F. 3/29(3) f75-RR dated 7th August,

1976.

W. Shaiza

Chief Secretary

Panaji, 25th February, 1977.

Name O'f the po..qt

1

1, SO.ilentific Officer (Preser­vation)

No. ot posts

2

1

Cla.ssi­fication

3

General Central Service Group 'B' Gazetted

Scale of Pay

• Rs. 650·30--740-35-810--EB-35-880--40-1000--EB-40-1200

Whether Selection

Post or non­Selection Post

5

AgQ 11mit

for direct re<',ruits

6

Selection Not exceed­ing 35 years (Relaxable for Govt.

servants) * f.'

:::*Note: - The crucial date for determining the age limit shall be the closing date for receipt of applications from candidates in India (other than those in Andaman and Nicobar Islands and Lakshadweep).

SOIfEDULE

Educational and other qualifications required

for direct recruits

7

ESSfmtial:

i) At least Second Class Master's degneeln Che.ntis­try or Physic::> of a recognised Uni­versity or equi­valent.

ii) 3 years' expe­rience of re­search or tea­ching or \ work in a Govt. Re­cords Office.

(Qualifications rela­xable at the discre­tion of the Union Public Service Commission in case of candidates otherwise well qua­lified; in particular the qualifications regarding experi­ence is re!axable in case of candida­tes belonging to Scheduled Castes or Scheduled Tri­bes for posts re­served for them),

Desirable:

1) Training In mo­dern methods of rehabilitation & preservation of records.

ii) Research on pa­per ink. leather, examination of documents, use of insecticides and fumigants; practical experi­ence & training in high class bin­ding work in a respan.lble caps­""v

Whether a.g~ and edu-cational quali­fications pres- Period

criOOd for of proba-the direct tion. it

recruits any will apply in the case of promotees

8

Age: No. Educatio­nal QuaU .. fications: To the extent indicated in column 11.

9

2 years.

Method of recruitment whether by direct recndtment or by promotion or by

deputation/transfer, and percentage of the vacancies to be filled by various methods

10

By promotion fail­ing which by transfer on depu­tation and failing both by direct re­cruitment.

In ~ ot recruJtment. by pl'O.IIlOtlon/deputation/ transfer, grades from

which promotion/depu-tation/transter is to be made

11

Promotion:

Assistant Chemist with 3 years' ser­vice in the grade rendered after ap­pOintment thereto on a regular basis & possessing a Master's degree in Chemistry I Phy­sics of a recogni .. sed University or an equivalent qua­lification.

TrQli18jer on de. putatWn:

Officers under the Central I state Govts. holding a­nalogous posts or with at least 3 years' service in posts in the scale of Rs. 550-900 or equivalent and pos­sessing educational and other qualifi­cations mentioned in colwnn 7.

(Period of deputa­tion shall ordina­rily not exceed 3 years),

C:lrc~tan~ It Q DPC in which

exists, U. P. S. C. wbQ.t is is to be con. its com- suited in position making re_

12

Group 'B'De­partmen­tal Pro­motion Commit­tee, Con­Sisting of Chief Secre .. tary, Goa Develop­ment Commis .. sioner, Goa and Director of Ar­chives Goa.

cruitment

13

Consulta­tion ne­cessary while ma­king di­rect re:­cruI:tment, confirma­tion of a direct re­cruit and appolDltlng a state Govt. of­ficer on deputa­tion.

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2. Assistant Supe:run­t'ending Archaeo­logist

3. Registra­tion Officer

1

1

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-'

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iii) Experience in re­pair and/of pre­servation of re­cords in a Go­vernment Re­cords Office.

iv) Knowledge of Konkani and / /01' Marathi.

EssentuU: i) At least Second

Class Master's degree of a ',re­cognised Univer­sity or equiva­lent in Indian History 01' Ar­chaeology, with an Indian Clas­sical language as a subject at de­gree level.

OR At least Second

Class Matel"s de­gree of a recog­nised University or equivalent in an Indian Classical language with In­dian History or Archaeology as a subject at degree level.

Note: Candidates who have not offe­red an Indian Clas­sical langua.ge or Indian History or Archaeology as the case may be, as a subject at de­gree level, will also be conside­red; but if selec­ted, they will be required to pass special Depart­mental . Examina­tion in the rele­vant subject be­fore confirmation).

-do- -do-

)(,

60% by promotion failing which by transfer on depu­tation and failing both by direct re­cruitment; and 50% by direct recruitment.

Promotion: Exploration Officer

with 3 years' ser­vice in the grade rendered after ap~ pointment thereto on a regular basis and possessing a Master's degree in any of the subjects prescribed for di­rect recruits in Col. 7

'i'TOIIIfJ/er on cIe­putaUon:

Officers under the Central/State Govts. holding a­nalogous posts or with at least 3 years' service in posts in the scale of Rs. 550-900 or equivalent and POSM

sessing educational and other quanfi .. cations mentioned in column 7.

(Period of deputa­tion shall ordina­rily not exceed 3 years)'.

;...

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~ ... ... '"' ~ S; ;... I~ Ire I ... '" I .... 100

I~

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1

4. !Keeper of Museum

2

1

3

General Central Service Group 'B' Gazetted

4

&S. 650·30--740-35-810--EB-35c 880--40-1000--EB-40-1200

5 6

-'

Selection Not eocceed. ing 35 years (Rclaxable for GoVt.

servants) *'Ie

**Note: - The crucial date for determining the age limit shall be the closing date for receipt of applications from candidates in India (other than those in Andaman and Nicobar Islands and Lakshadweep).

7

ii) 3 years' practi­cal experience in

field Archaeology.

(Qualifications rela­xable at the dis­cretion of the Union Public Ser~ vice Commission in case of cadi dates otherwise , ... ell qualified; in par­ticular the qualifi­cations regarding experience is rela­xable in case of candidates belon­ging to Scheduled Castes or Schedu­led Tribes for po£ts reserved for them.)

DesirabZe:

i) Knowledge of In­dian PaleographJ:'*

ii) Knowledge of Konkani and/or MarathL

ES8entiaZ:

i) At least 2nd Class Master's degree of a re­cognised Univer­sity or equivalent in Archaelogy / /Indian History j / Arabic/Persian/ /SanskritjPali," /Prakrit.

ii) Diploma in Mu­seology and one year's experience in a museum of standing or a comparable ins­titution.

OR 3 years' experience

in a Museum of standing or a com­parable mstitution.

iii) Research expe­,rience and prac­tical trtlining in Archaeology (evi­dence to be fur­nished).

(Qualifications rela­xable at the dis-

8

Age: No. Educatio­nal Quali­fications: To the extent indicated in column 11.

9

2 years.

10

By promotion fail­ing which by transfer on depu­tation and failing both by direct re-­cruitment.

11

Promotion: Curator with 3 years'

service in the, gra~ de rendered after apPointment the­reto -on a regular basis -and posses­sLng a Master's degree in any of the subjects pres­cribed for direct recruits in co­lumn 7.

Transfer on de­putation:

Officers under the Central/State Govts. holding a­nalogous posts or with at least 3 years' service in posts in the scale of Rs. 550-900 or equivalent and pos­sessing educational and other qualifi­cations mentioned in column 7.

(Period of deputa­tion shall ordina­rily not exceed 3 years).

12

Group 'B'De­partmen­tal Pro­motion Commit­tee. Con­sisting of Chief Secre­tary, Goa Develop­ment Commis­sioner, Goa and Director of Ar .. chives Goa.

13

Consultaw

tion ne­cessary while maw l<JiO:lg di­rect n~­cmiltment, confinna­tion ,of a direct reM c'ri.1it 'and appointing a state Govt. of­ficer on deputa­tion.

.... 00

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5. Archivist , (GeneM

ral)-l

6. Archivist (Mana-gement) 3

-1

7. Archivist (Publica-uon)-l

General Central Service Group 'B' Gazetted

Rs. 650-30--740-35-810--EB-35-880--40-1000-

, -EB-40-1200

-~

&election Not exceed­ing 35 years (Relaxable for Govt.

servants') *>!<,

**Note: - The crucial date for determining the age limit shall be the closing date for receipt of applications from candidates in India (other than those in Andaman and Nicobar Islands and Lakshadweep).

eretion of the Union Pllblic Ser­vice Commission in case of cadidates otherwise wen qualified; in par­ticular the qualifi­cations regarding experience is rela­xable in case of candidates belon­ging to Scheduled Castes or 8chedu'­led Tribes for posts reserved for them.)

Desirable: '

i) Knowledge of Western Archi­tecture.

ii) Knowledge of Konkani and/or Marathi..

EssentiaJ.: i) At least 2nd

Class Master's degree in Indian History of a l'e­

cognised Univer­sity or equiva­lent.

ii) 3 years' experi­ence of research in Modern Indian History/teaching of Modern Indian History in a Col­lege or Univer­sity /work in a Archival Office.

iii) Degree in Por­tuguese or CUrso Complemental' of Arts/S c i e nee

from Lyceum.

(Note: Candidates who do not pos­sess E. Q, (iii) will also be considered, but, if selected, they will be requi­red to pass a spe­cial Departmental Exummation in the Portuguese Language before confirmation) ,

(Qualifications rela­xable at the dis­cretion of the Union Public Ser­vice Commission .in

Age: No. Educatio­nal Quali­fications: To the extent indicated

in column 11,

2 years.

1.

50% by promotion failing which by transfer on depu­tation and failing both by direct re­cruitment; 50% by direct recruit­ment.

Promotion: Group 'B' De-

Asstt. Archivist Gra- partmen-de I (General) and tal Pro­Research Asstts, motion ~ith .3 years' ser- Commit­v,lce In the respec- tee. Con­tlVe grades re~de- sistinO' red after appomt- of Chief ment thereto ~n Secre-a regular , basIs tary, Goa and possessmg, a Develop­Ma~ters' ~egree m ment IndIan ~lstOl'Y ~f Commis­a re,cogmsed Un~- sioner verslty or an ,e~Ul- Goa a~d v,alent qualIflca- ~. Director tIon. I of Ar-

(Note: Those who do chives not possess E. Q. Goa, (iii) prescribed for direct recruits will have to pass a spe-cial departmental examination du-ring the period of probation).

Transfer on de­putation:

Officers under the Central/State Govts. holding a­nalogous posts or with at least 3 years' service in posts in the scale of Rs. 550-900 or equivalent andpos­sessing educational

. and other qualifi-

.1>,

Consulta­tion ne. cessary while ma~ _g di­reCt re-­cru1tment, confirma~

tion of a direct re­cruit and app(}~nting

a State Govt. of­ficer on deputa­tion.

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case of cadidates cations mentioned' otherwise well in column 7. qualified; in par-

(Period of deputa· ticular the qualifi-tion shall ordina-

I cations regarding

rHy not exceed 3 experience is rela-xable in case of years).

candidates beJon-

t ging to Scheduled .' Castes or Schedu-I led Tribes for posts I reserved for them.)

~

J

DesiTable:

i) Knowledge of Ar-chival Science. ,

ii) Knowledge of ty· i 11 pography and pro-11 II of reading. iI iii) Knowledge of I{OD-

kani / or Marathi (Modi Script).

8. Assistant 1 Genera,l Rs. 550·25· Seleotion Not exceed- Essential: No. 2 years. By promotion faU- Promotion: Group Con~ulta~ Chemist Central ·750·EB· lng 30 years ing which by Preservation Asstt. 'B' De- tion ne-

Service ·30·900 (Relaxable j,) At least Second transfer on depu- Grade n with 5 partmen- cessary.

Group 'B' for Govt. Class Master's tation and failing tal Pro- while ma-Gazetted servants)..,;. Deg;r"" in Che- both· by direct re- years' service in motion kIiOlg di·

mistry or Phy· cruitment. the grade rendered Commit- rect re- . sics of a recog- after appointment tee. Con- cruiitm~nt,

~*Note: - The crucial date for determining n1sed University thereto on a regu- sisting confirma-the age limit shall be the closing date for or equivalent. lar basis. of Chief tion 'Of a receipt of applications from candidates in

ii) Some experience Transfer on de-Secre- direct re-

India (other than those in Andaman and· tary, Goa cruit a!}d Nicobar ISlands and Lakshadweep). of research/tea- pu,tation: Develop- appointing ching or work 1m

Officers under the ment a state a Govt. Records Central / S tat e Commis- Govt. of-Office. Govts. holding a- sioner, ficer on ( Qualifications rela- nalogous posts or Goa and deputa-

xable at the dis- with at least 5 Director tion. cretion· of the years' service in of Ar-Union Public SeT- posts in the scale chives vice Commission in of Rs. 425-700 or Goa. case of cadi(lates equivalent and pos-otherwise \-vell sessing educatio-qualified; in par- nal and other qua-ticular the qualifi- lifications mentio- '" cations regarding ned in column 7. ~ experience is rela- ~

(Period of deputa- .... xable in case of ~ candidates belon- tion shall ol'dina-ging to :::~cheduled rHy not exceed 3 .... Castes or Schedu- years).

~ led Tribes for posts l'esel've(l for them.)

~

Desirable:

i) Training in mo-dern methods of

";;;;"t.:":..'h i"Z:;:YJ:~0S10XYf25:7d2"'JJE'i:.WiE~?Y;YS:J!t5:~0Z:::j:r'"

\>vi

9. Curato.r 1 -do-

v 'H"~VV'0i.!':2;S."'2'&&S,&'Y:<I?J,,' "\:;;15," s..~ii;;;'k.~,7 lJ ZLdi?'il Z:o,","i8!22SZ:2&£k~~""' .. ""'_? 1L"

-/::.

-do- N. A. -do-

rehabilitation and preservatio.n o~ ~ecords in a lead~ ing archival 1nsM tUution Oil' re­search in allied fields.

OR ExpeTi~nce !i.D.' repair

and/or preseT-va­tion of Archives.

ii) Knowledge of Konkani and/or Marathi.

Essential:

i) At least 2nd Class Master'S' de:g.'l1ee 'if} A.rchl1~ eology / Indtm Ht;Jtory / Arabic/ Pie'risianfSai!}skrft /Pall/Prakrlt of a r:ecognised UriiM verstty or equ1· valent.

it) One year's expeM

rrienoo in a Mu~ seum of stand­ing Qr a compa .. rable 'instltutlon.

(Qualificatio.ns rela­xable at the dis­cret'ion o.f the Union Public Ser­

vice Commissio.n in case of cadidates o.therwise well qualified; in par­ticular the qualifi~ cations regardin.g experience is r elaM

xable in case of candidates belon­ging to Scheduled Castes 0.1' Schedu~ led Tribes for posts reserved for them.)

Desirable:

i) Diploma In Mu­seclogy.

Ii) Knowledge of W'eiS'bem ArchiM tecture.

iii) Knowledge of Konkani and/or Marathi.

\,

Not appli.. 2 years. By direct recruit M N.A. cable. ment.

Not appli­cable

\.,

Selecti'On shall be made in Consulta~

tlon with the Union Public Service Commis­ston.

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10 . .A.ssWt­ant{; kv­c_ISIt Grade I (Gooe­ral)-l

.11. Rese­archk<­stst­ant-2

2

3

3

General Central Service Group IB' Gazetted

4

Rs. 550-25--750-EB-30-·900

5 6

SeleCltion Nort eocceed­ing30 years (Relaxable for Govt.

servants) *'"

**Note: - The crucial date for determining the age limit shall be the clpsing date for receipt of applications from candidates in India (other than those in Andaman and Nicobar Islands and Lakshadweep).

7

Essential:

i) At least 2nd Class Master's oogree In Indlsn HIStory of a re­cognis!ed Univer­sVty or equIDva-1_.

it) Some experience of Tooearch in Modern Indian History / teach_ ilng of Modern Indian History in a Universfrty or College/work in an Archival Office.

iii) Degree in Por­tuguese or Curso Complementar of Arts/S cl e nc e

from Lyceum.

(Note: Candidates who do not pos­sess E. Q. (iii) will also be considered, but, if selected, they will be requi­red to pass a sp"e­cial Deparmental Examination in the Portuguese Language before confirmation) .

(Qualifications reJa­xable at the dis­cretion of the Union Public Ser­vice Commission in case of cadidates otherwise well qualified; in par­ticular the. qualifi­cations regarding experience is rela­xable in case of candidates be,Jon­ging to ~cheduled castes or Schedu­led Tribes for posts reserved for them.)

Desirable: 1) Knowledge of Ar­

ch!ilval S6ience. ii) Knowledge of

Konkani and/or Maralthi (Modi ~"l'int\

8 9

No. 2 years.

10

50% by promotion failing which by transfer on depu .. taUon and failing both by direct re­cruitment; 50% by direct recruit­ment.

11

Promotion:

Asstt. Archivist Gra .. de II (General) I Asstt. Archivist (Junior) and Re­search Asstt. (Ju­nior) with 5 years' service in the res­pective grade ren­dered after ap­pointment thereto on a regular basis.

Transfer on de­putation:

Officers under the Central/State Govts. holding a­nalogous posts or with at least 5 years' service in posts in the scale of Rs. 425-700 or equivalent and pos­sessing educatio­nal and other qua­lifications mentio .. ned in column 7.

(Period of deputa. tion shall ordina­rily not exceed 3 years).

12

Group 'B'De .. partmen .. tal Pro­motion Commit .. tee. Con .. ststing of Chief Secre­tary, Goa Develop­ment Commis­sioner, Goa and Director of Ar­chives Goa.

13

Consulta­tion ne­cessary while rna­_g di­rect :re­cruilhnent, confirma­tion of a direct re­cruit and appoi1lltlng a state' Govt. of­ficer on deputa.­tion.

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12. Expro­ration Off'Icer

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ES8ential:

i) At. least Second Class Master's degree of a recoguifled University or equivalent in Indian Hil3tory or Archaelogy. with an IncUan Classiw

0a.l language as a sub­jec:t lilt degree level.

. OR

At least Second Class Master's degree of a recognised University or equivalent in' an Inw dian . Classi<'al lanw guage with Indian CI84l8ical.language with Indian History or Ar­chaeology as a subject at degree level.

(Note: Candidates who have not offered an Indian Classical lan­guage or Indian His­tory or Archaeology as the C'ase may be, as a subject at degree level, "1.11 also be considered; but if Slel..,ted. they wilJ be required to pass a special Departmen­tal Examination in tho relevant subject before confirmation).

ii) One year's practical experience in field Ar­chaeology.

(Qualifications relaxable at the discretion of the Unton Public Seni.ce Commission in case of c-andhl11.tes otherwise well qual!t1ied; In parti­

cular the qualifications regarding experience is relaxable in case of candidntes belol,gfng to Scheduled Caste. or Scheduled Tribes for posts reserved for them).

n"""""le: i) Kuowledge of Indian

Paleogra.phy.

Ii) Knowledge of Kon­kant and/or Marathi.

No. -do-

\

.J.~

By promotion fail­ing which by transfer on depu~ tation and failing both by direct rew

cruitment.

Promotion: ExPloration Asstt.

with 5 years' ser­vice in the grade rendered after ap~ polntment thereto on a regular basis.

Transfer on De-putation:

OfficerR under the Centl:n.l/Stat,": Govts, holding analogous posts or with at least ~\ years' service in P0StS in the· sC'alp, of Rs. 425-700 or equi­valent and p0sses­sing educational and oth"" qua1!f!ca.tllons m'p,ntioned in column 1.

(Period of deputaw

tion shall ordinarily not exceed 3 years).

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54

Law and Judiciary Department

Notification

LD/6015/IX/76

. The following Central Acts (1) The Dhoties '(Additional Excise Duty) Repeal Act, 1976 (93 of '1976) (2) The Factories (Amendment) Act, 1976 . (94 of 1976) which were recently passed by the Parliament and assented to by the President of India on 4-9-76 and published in the Gazette of India Part II, Section I dated 6-9-76 are hereby republished for general information of the public.

B. S. Subbanna, Under Secretary (Law).

Panaji, 21st December, 1976

The Dhoties (Additional Excise Duty) Repeal Act, 1976

AN

ACT

to repeal the Dhoties (Add4tional Excise Duty) Act,'1953.

Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows: -

1. Short title. - This Act may be called the Dhoties (Additional Excise Duty) Repeal Act, 1976.

· 2. Repeal o/Act 39 of 1953. - The Dhoties (Addi-. ,tional Ex6.ise Duty) Act, 1953, is hereby repealed.. . · .

':The ~actbries(Am~ndmenll Act, 1976

AN ACT

further to amend the Factories Act, 1948.

Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows: -- '

"

1. Short title and commencement. - (1) This Act may be called the Factories (Amendment) Act, 1976.

(2) It shall come:into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of seotion 2. - In sec-· tion 2 of the Factories Act, 1948 (herein- 63 of 194!t after referred to as the principal Act),-

(1) in clause (k),-

(a) for sub-clause (ii), the following sub­-clause shall be substituted, namely: -

" (ii) pumping oil, water, sewage or any other substance; or"; (b) in sub,clause (iv) and sub-clause (11), the

word "or" shall be inserted at the end; (c) after sub-clause (v), the following sub­

-clause shall be inserted, namely:-" (vi) preserving or storing any article in

cold storage;";

SERIES I No.7

(2) in clause (l),-

(a) for the words "employed, 'directly or through any agency, whether for wages or not", the words and brackets "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" shall be substituted;

(b) the following words shall be inserteda~ ..• the end, namely: - ,.

"but, does not include any member of, the armed forces of the Union";

(3) in clause (m),-

(a) in the concluding paragraph, for the words "a railway running shed", the words "a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place" shall be substituted; .

(b) the following Explanation shall be inser- . ted at the end, namely:-

"Explanation. - For computing the number of workers for the purposes of this clause all the workers in different relays in a day shall be taken into account;";

(4) in clause (n), the following proviso shall be inserted at the end, namely: -

"Provided that in the case of a ship which is being repaired, or on which maintenance work is being carried out, ina dry dock which is avai­lable' fot' hire, .,.-

/

(irthe o~er or the dockshal! be deemed tobilthe occupier for the purposes of any

. matte!: provided for by or under.,.-(aj'section 6, section 7, section 11 or se.c,

tion·12; .

. .(b) section 17, in So far as it relates to the ' providing and maintenance ofsufficierit arid suitable lighting in or around the dock;

(c) section 18, section 19, section 42, sec­tion 46, section 47 or section 49, in rplation to the workers employed on such repair or maintenance;

(2) the owner of the ship or his z.gent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the ,occupier for the purposes of any matter provided for by or under sec­tion 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in re­lation to-

(a) the workers employed directly by him, or by or through any agency; and

(b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or 'other officer-in-charge or person;".

to'

~J

i

19TH MAY, 1977 (VAISAKA 1d9, 1899)

3. Amendment of section 5. -In section 5 of the principal Act, the following Explanation shall be inserted at the end, namely:-

'Explanation. - For the purposes of this sec­tion "public emergency" means a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.'.

4. Amendment of section 6. - In section 6 of the principal Act,-

(a) clause (a) of sub-section (1) shall be re­-lettered as clause (aa), and before the clause as so re-lettered, the following clause shall be inser­ted, namely:-

" (a) requiring, for the purposes of this Act, the submission of plans of any class or descrip­tion of factories to the Chief Inspector or the State Government;"; (b) in sub-section (Id), for the word, brackets

and letter "clause (a)", the word, brackets and letters "clause (aa)" shall be substituted;

(c) in the Explanation, the words "if such re­placement or addition does not reduce the mini­mum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes inju­rious to health" shall be inserted at the end.

5. Amendment of section 7. - In section 7 of the principal Act, in sub-section (1), for clause (e), the following clause shall be substituted, namely: -

"(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;".

6. Amendment of section 8. - In section 8 of the principal Act,-

(a) after sub-section (Id), the folloWing sub­-sections shall be inserted, namely:-

"(idA) The State Government may, by notifi­cation in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspec­tors and Deputy «hief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification.

(ldB) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under sub-sec­tion (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the powers of an Inspector throughout the State.";

(b) in sUb-section (3), after the word, brackets and figure "sub-section (Id)", the word, brackets, figure' and letter ", sub-section (2A)" shall be inserted;

(c) in sub-section (7), for the words "Every Chief Inspector and Inspector", the words "Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this sec­ttion" shall be substituted.

55

7. Amendment of section 10. - In section 10 of the principal Act, in sub-section (3), the following proviso shall be inserted at the end, namely: -

"Provided that the State Government may, by order in writing and subject to such conditions as may be specified in the order, exempt any person or class of pers0'ls from the proviSions of this sub-section in respect of any factory or class or description of factories.".

8. Amendment of section 11. - In section 11 of the principal Act,-

(1) in sub-section (1), in clause (d),-

(a) in sub-clause (i), for the word "painted", the words "painted otherwise than with wash­able water-paint" shall be substituted; ,

. (b) after sub-clause (i), the following sub­-clause shall be inserted, namely: -

"(ia) where they are painted with wash­able water paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;";

(c) after clause (d), the following clause shall be inserted, namely: -

"(dd) all doors and window frames and other wooden or metallic framework and shut­ters shall be kept painted or varnished and the painting or varnishing shall be carried out at least . once in every period of five years;";

(Id) in sub-section (Id),-

(a) for the words "in a factory", the words "in a factory or class or description of factories or any part of a factory or class or description of factories" shall be substituted;

(b) after the words "description of factories", the words "or part" shall be inserted.

9. A.mendment of section lid. - In section 12 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: -

"(1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process car­ried on therein, so as to render them innocuous, and for their disposal.".

10. Amendment of section 1d1. - In section 21 of the principal Act, in sub-section (1),-

(a) in the concluding paragraph, for the words "shall be kept in position", the words "shall be constantly maintained and kept in position" shall be substituted;

(b) for the proviso, the following proviso shall be substituted, namely:-

"Provided that for the purpose of determining whether any part of machinery is in such posi­tion or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when-

(i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, as a result of such examina-

56

tion, to carry out lubrication or other adjus­ting operation while the machinery is. in motion, being an examination or operatIon which it is necessary to be carried out while that part of the machinery is in motion, or

(ii) in the case of any part of a transmission machinery used in such process as may be prescribed (being a process of a continuous nature the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machi­nery) , it is necessary to make an examination of such part of the machinery while it is in motion or; as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion,

and such examination or operation is made or carried out In accordance with the provisions of sub-section (1) of section 22.".

11. Amendment at section 22. - In section 22 of the principal Act, in sub-section (1); for the opening paragraph and clause (a), the following shall be subs­tituted, namely:-

"Where in' any factory it becomes necessary to examine any part of machinery referred to in sec­tion 21, while the machinery is in motion, or, as a result of such examination, to c'lrry out -

(a) in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubri­cation or other adjusting operation; or

(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation,

while the machinery is in motion, snch examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is sO engaged,-

(a) such worker shall not handle a belt at a moving pulley unless-

(i) the belt is not more than fifteen centi­metres in width;

(ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissi­ble) ;

(.iii) the belt joint is either laced or flush with the belt; ,

(iv) the belt, including the joint and the pulley rim, are in good repair;

(v) there is reasonable clearance between the pulley and any fixed plant or structure;

(vi) secure foothold and, where necessary secure handhold, are provided for the opera­tor; and

(vii) any ladder in use for carryIng out any examination or operation afor~said is securely fixed or lashed or is firmly held by a second person.".

SERIES I No. 7

12. Amendment at section 24. -- In section 24 of the principal Act, after sub-section (2), the follow­ing sub-section shall be inserted, namely:-

'(3) When a device, which can inadvertently shift from "off" to "on" position, is provided in a factory to cut off power, arrangements shall be provided for locking the device in safe position to prevent accidental starting of the transmission machinery or other machines to which the device is fitted,'.

13, Amendment at seation 31. .-- In section 31 of the prinCipal Act, after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) 'The State Government may, by rules, exempt, subject to such conditions as may be spe­cified therein, any part of any plant or machi­nery referred to in sub-section (1) from the p1'o­..,isions of this section.".

14. Amendment ot section 32. ,-- In section 32 of the principal Act, -

(1) in clause (a), after the words "properly maintained", the words "and shall be kept free from obstructions and substances likely to cause persons to slip" hall be inserted;

(.~) after clause (b), the following clause shall be inserted namely:-

"(0) when any person has to work at a place from where he is likely to fall a distance exceed­ing two metres, then unless the place is one which provides secure foothold and, where neces­sary, secure handhold, pro..,ision shall be made, sO far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working.",

15. Amendment ot section 36. - In section 36 of the prinCipal Act, SUb-section (2) shall be omitted.

16. Insertion at new section 36A.-After section 36 of the principal Act, the following section shall be inserted, namely:-

"36A. Precautions regarding the use of portable electric light. - In any factory-

(a )no portable electric light or any other electric appliance of voltage exceeding twenty­-four volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other con­fined space; and

(b) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue Or other confined space, no lamp or light other than that of flame-proof cons­truction shall be permitted to be used therein.".

17. Amendment ot section 38. - In section 38 of the principal Act,-

(i) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) In every factory there shall be' provided such means of escape in case of fire as may be prescribed." ;

(ii) after sub-section (7), the following sub-sec­tions shall be inserted, namely:-

"(8) Notwithstanding anything contained in sub-section (1) or sub-section (7), if the Ins-

--'I !

19TH MAY, 1977 (VAISAKA 29,1899)

pector, having regard to the nature of the work carried on in the factory, c-onstruction of the factory, special. risk to life or safety. or any other circumstance, is of the opinion that though such means of escape as may be pres­cribed have been provided in the factory, the same is not adequate to permit safe, easy or

. quick exit of the workers in case of fire, he may, by order in writing, require that such additional means of escape or other measures as he may consider reasonable and necessary be provided in the factory before such date as is specified in the order.

(9) If any question arises whether or not the means of escape provided in the factory is ade­quate to permit safe, easy or quick exit of the workers in case of fire, the same shall be refer­red to the Chief Inspector, who shall, after giving the persons' concerned a reasonable op­portunity to represent their views, decide the same.

(10) Any person aggrieved by the decision of the Chief Inspector under sub-section (9) may, before the expiry of thirty days from the date on which the decision is communicated to him, prefer an appeal to the State Government and the State Government shall after giving the appellant a reasonable opportunity to repre­sent his views, make such order in relation to the appeal as it thinks fit.".

18. Amendment of sections 39 and 40. -In section 39 and section 40 of the principal Act, for the words "the manager", wherever they occur, the words "the occupier or manager or both" shall be substituted.

19. Insertion of new sections 40A and 40B. - After section 40 of the principal Act, the following sections .shall be inserted, namely:-

"40A. Maintenance of buildings. - If it appears to the Inspector that any building or part of a building in a factory is in such a state of dis­repair as is likely to lead to conditions detri­mental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which i~ his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.

40B. Safety Officers. - (1) In every factory, -

(i) wherein one thousand or more workers are ordinarily employed, or

(ii) wherein, 'in the opinion of the State Go­vernmeqt, any manufacturing process or opera­tion is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory,

the occupier shall, if so required by the State Go­vernment by notification in the Official Gazette, employ such number of Satefy Officers as may be specified in that notification.

(2) The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government.".

57

20. Amendment of section 41. - In section 41 of the prinCipal Act, for the word "devices", the words "devices and measures" shall be substituted.

21. Amendment of section 45. - In section 45 of the prinCipal Act,-

(a) in SUb-section (3), for the words "who is trained in first-aid treatment", the words "who holds a certificate in first-aid treatment recognised by the State Government" shall be substituted;

(b) in sub-section (4),-('i) for the word "employed", the words "ordi­

narily employed" shall be substituted; (ii) the words "and those facilities shall

always be made readily available during the working hours of the factory" shall be inserted at the end.

22. Amendment of section 46. -In section 46,of the principal Act, in sub-section (2), after clause (d), the following clause shall be inserted, namely:-

"( dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;".

23. Amendment of section 48. - In section 48 of the prinCipal Act, in sub-section (1), for the words "fifty women workers", the words "thirty women workers" shall be substituted.

24. Amendment of section 56. - In section 56 of the principal Act, in the proviso, for the words "spread over to twelve hours", the words "spread over up to twelve hours" shall be substituted.

25. Amendment of section 59. - In section 59 of the prinCipal Act, for sub-section (2) and sub-section (3), the following sub-sections shall be substituted, namely: -

'(2) For the purposes of SUb-section (1), "ordi­nary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for over­time work.

(3) Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days Oil which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers:

Provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was done.

Explanation. - For the purposes of this sub­-section in computing the earnings for the days on which the worker actually worked such allow-

58

ances, including the cash equivalent of the advan­tage accruing through the concessional sale to workers of foodgrains .and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime . work payable in relation to the period with refe­rence to which the earnings are being computed shaIr be excluded.'.

26. Amendment of section 62. - In section 62 of the principal Act, after sub-section (1), the follow­ing sub-section shall be inserted, namely:"-

"(1A) No adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers.".

27. Amendment of section 64. ~ In section 64 of the principal Act,-

(a) in sub-section (1),-

(i) after the words "confidential position in a factory", the words "or empowering the Chief Inspector to declare any person, other than a person defined by such rules, as a person hold­ing position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector, such person holds such position or is SO employed" shall be inserted;

(ii) the words "or declared" shall be inserted at the end;

(iii) the following proviso shall be inserted at the end, namely:-

"Provided that any person so defined or declared shall, where the ordinary rate of wages of such person does not exceed rupees seven hundred and fifty per month, be entitled to extra wages in respect of overtime work under section 59.";

(b) in SUb-section (2),-

(i) in clause (e) and clause (h), for the word and figures "section 52", the words and figures "section 51 and section 52" shall be substituted;

(ii) in clause (f), for the word and figures "section 52", the wor.ds and figures "section 51, section 52 and section 54" shall be substituted;

(iii) in clause (j), after the words "railway wagons", the words "or lorries or trucks" shall be inserted;

(iv) after clause (j), the following clause shall be inserted, namely:-

"(k) of workers engaged in any work, which is notified by the State Government in the Official Gazette as a work of national importance, from the provisions of section 51, section 52, section 54, section 55 and section 56.";

(c) in sub-section (4), clause (iii) shall be re-numbered as clause (iv) and before clause).(iv) as so re-n)lmbered, the following clause shall be inserted, namely:-

" (iii) the total number of hours of work in a week, including overtime, shall not exceed sixty;";

(d) in sub-section (5), for the words "three years", the words "five years" shall be substituted.

SERIES r No. '1

28. Amendment of section 65 . ...:. In section 65 of the principal Act, -

(a) for sub-section (3), the following sub-section shall be substituted, namely:'-

'( 3) Any exemption granted under sub-sec­tion (2) shall be subject to the following condi­tions, namely:-

(i) the total number of hours of work in any day shall not exceed twelve; ,

(ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in anyone day;

(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty;

(iv) no worker shall be allowed to work overtime, for more than seven days' at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five.

Explanation. - In this sub-section "quarter" has the same meaning as in sub-section (4) of section 64.'; (b) sub-section (4) shall be omitted.

29. Amendment of section 66. --In section 66 of the principal Act, in sUb-section (1), in clause (b), -

Ji) in the opening paragraph, for the words "employed in any factory", the words "required or allowed to work in any factory" shall be subs­tituted;

(ii) in the proviso, for the words "any class or description of factories", the words "any factory or group or class or description of factories" shall be substituted.

30. Amendment of section 13.· - In section 73 of the principal Act, after sub-section (1), the follow­ing sub-section shall be inserted, namely:-

"(lA) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.".

, 31. Amendment of section 18. - In section 78 of the principal Act,-

(a) in sub-section (1),-

(i) in the opening paragraph for the word "agreement", the words and brackets "agree­ment (including, settlement)" shall be substi­tuted;

(ii) for the proviso, the following proviso shall be substituted, namely:-

"Provided that if such award, agreement (in­cluding settlement) or contract of service pro­vides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters 'not provided for in such award, agreement or contract of service or matters which are provi­ded for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply."; ,

19TH MAY, 1977 (VAISAKA 29, 1899)

(b) in sub-section (2), for the words "in any workshop", the words "in any factory" shall be substituted.

32. Amendment of section 79. -_. In section 79 of the principal Act,-

(a) for sub-section (3), the following sub-sec­tion shall be substituted, namely:-

"(3) If a worker is ~ischarged or dismissed from service or quits his employment or is super­annuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately bafore his discharge, dismissal, quitting of employment, superannua­tion or death calculated at the rates specified insub~ection (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail

. of such leave, and such payment shall be made -(i) where the worker is discharged or dis­

missed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and

(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.";

(b) in sub-section (5), in the second proviso, -(i) after the words, brackets and figures "in

sub-sections (8) and (9)" the words, brackets and figures "or in contravention of sub-section (10)" shall be inserted;

(ii) for the words "unavailed leave", the words "leave refused" shall be substituted.

. 33. Amendment of section 80. -- In section 80 of

the principal Act, in sub-section (1),-

(i) for the word and figures ".ection 79", the words and figures "section 78 or section 79, as the case may be" sball be substituted;

-(ii) for the words "he worked", the words "he actually worked" sball be substituted. ,

34. Amendment of section 84. - In section 84 of the principal Act, the following Explanation shall be inserted at the end, namely:-

"Explanation. - For the purposes of this seC­tion, in _ deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the totality of the benefits shall be taken into account.".

35. Amendment of section 86. -- In section 86 of the principal Act, in the opening paragraph, for the word "training", the words "training, research" shall be substituted.

36. Amendment of secUpn 87. - In section 87 of the principal Act, -

(a) for the word "operation", wherever it oc­curs, the words "manufacturing process Or opera­tion" shall be substituted;

(b) in clause (c), the following words shall be inserted at the end, namely:--

"and requiring the payment by the occupier of the factory of fees for such medical exami­nation"; (c) after clause (e), the following clauses shall

be inserted, namely: -"(f) requiring the provision of additional wel­

fare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufac­turing process Or operation;

(g) providing for issue of orders in writing by the Inspector or the Chief Ins pector to the mana­ger or occupier or both of the factory directing them tf) carry out such measures, and within such time, as may be specified in such order with a view to removing conditions dangerous to the health of the workers, or to suspend any

--proceSs, where such process constitutes, in the opinion of the Inspector Or the Chief Inspector, as the case may be, imminent danger of poison­ing or toxicity.".

37. Amendment oj. scction 88.- Section 88 of the principal Act shall be re-numbered as sub-section (1) thereof and after sub-section (1) as SO re-numbered, the following sub-sections shall be inserted, na­mely:-

"(2) Where a notice given under SUb-section (1) relates to an accident causing dea.th, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the rece­ipt of the notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period. -

(3) The State Government may make rules for regulating the procedure at inquiries under this section~" .

38. Insertion of new section 88A. - After sec­tion 88 of the principal Act, the foHowing section shall be inserted, namely: _

"88A. Notice of certain dangerous occurrences. - Where in a factory any dangerous occurrence of such nature as may be prescribed occurs whether causing any bodily injury or disability o~ not, the manager of the factory shall send notice thereof to such authorities, and in such form aud within such time, as may be prescribed.".

39. Insertion of new section 91A. - In Chapter IX of the principal Act, after section 91, the follow­ing section shall be inserted, namely: _

H91A. Safety and occupationa.l health surveys. - (1) The Chief Inspector, or the Director Ge­neral of ]<'actory Advice Service and Labour Insti­tutes, or the Director General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the Director General of Health Services may, at any time during the normal work­ing hours of a factory,- or at any other time as is - found by him to be necessary, after giving

60

notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

(2) For the purpOse of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present him­self to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey.

(3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the ppurpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory.".

40. Amendment oj section 92. - In section 92 of the principal Act,-

(a) for the words "five hundred rupees", the words "two thousand rupees" shall be substituted;

(b) the following proviso and Explanation shall be inserted at the end, namely:-

'Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than one thousand rupees in the case of an a~cident cau­sing death, and five hundred rupees in the case of an accident causing serious bodily injury.

Explanation. - In this section and in section 94 "serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.'.

41. Amendment oj section 94. - Section 94 of the principal Act shall be re-numbered as sub-section (1) thereof and,-

(a) in sub-section (1) as so re-numbered,-(i) in the opening paragraph, for the words

!'which may extend to one thousand rupees", the words "which shall not be less than two hundred rupees but which may extend to five thousand rupees" shall be substituted;

(ii) for the proviso, the following provisos shall be substituted, namely: -

"Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than two hundred rupees:

Provided further that where contravention of any of the provisions of Chapter IV or any

SERIES I No. 'l

rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less th~n two thousand rupees in the case of an aCCident causing death and one thousand rupees in the case of an accident causing serious bodily injury.";

(b) after sub-section, (1) as so re-numbered the following sub-section shall be inserted, namely: -

"(2) For the purposes of sub-section (1) no . ' cognizance shall be taken of any conviction made more than two years before the commis­sion of the offence for which the person is subsequently being convicted.".

42. Amendment oj section 100. - In section 100 of the prinCipal Act, in sub-section (2),-

(a) in the opening paragraph, the words " or in the case of a private company, anyone of 'the shareholders thereof," shall be omitted' ,

(b) in the proviso, -(i) for the words "a director, or in the case

of a private company, a shareholder, who is resident in either case within India", the words "a director, who is resident within India" shall be substituted;

(ii) for the words "such director or share­holder, as the case may be,", the words "such director" shall be substituted;

(iii) for the words "ceases to be a director or shareholder", the words "ceases to be a director" shall be substituted; .

(c) the following proviso shall be inserted at the end, namely:-

. "Provided further that in the case of a factory belonging to the Central Government or any State Government or any local authority the person or persons appointed to manage the affairs of the factory shall be deemed to be the occupier of that factory for the purposes of this Chapter.".

43. Amendment oj section 106. - In section 106 of the principal Act, the following Explanation shall be inserted at the end, namely: -

"Explanation. - For the purposes of this section, -

(a) in the case of a continuing offence, the period of limitation shall be computed with refe­rence to every point of time during which the offence continues; .

(b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.".

. 44. Insertion of new section 119. - After section 118 of the principal Act, the following section shall be inserted, nameli:-

"119. Act to have effect notwithstanding anything contained in Act 37 oj .1970. - The provisions of this Act shall have effect notwithstanding any-

19TH MAY, 1977 (VAISAKA 29, 1899)

thing inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 ....

45. Amendment of the Schedule. - In' the Sche­dule to the principal Act, the following serial num­bers and entries shall be inserted at the end, namely: -

"18. Oil acne or dermatitis due to mineral oils . and compounds containing mineral oil base.

19. Byssionosis. 20, Asbestosis.

21. Occupational or contact dermatitis caused by direct contact with chemicals and paints. These are of two types, that is, primary irritants and allergic sensitizers.

22. Noise induced hearing loss (exposure to high noise levels) ....

Notification

L))/1787/111/77

The following Notifications received from the Go­vernment of India, Ministry of Labour New Delhi, .are hereby republished for general information of the public.

B. S. SUbbanna, Under Secretary (Law).

Panaji, 6th April, 1977.

MINISTRY OF LABOUR

Notifications

New Delhi, the 2nd February, 1977

G. S. R. 55 «E). - In exercise of the powers con­ferred by sub-section (3) of Section 1 of the Beedi Workers Welfare Cess Act, 1976 (56 of 1976), the Central Govt. hereby appoints the Fifteenth day of February, 1977, as the date on which the said Act shall come into force.

" [No. S. 23011/6/76-MV (ii)]

G. S. R. 57 (E) . - In exercise of the powers con­ferred by sub-section (3) of section 1 of the Beedi Workers Welfare Fund Act, 1976 (62 of 1976), the Central Government hereby appoints the Fifteenth day of February, 1977, as the date on which the saic< Act shall come into force.

[No. S. 23011/6/76-MV (iv)

T. S. SANKARAN Add!. Secy.

Notification

L))/1952/11/77

The following Order which was issued by the Go­vernment of India on 22-3-1977 is hereby republished for general information of the public.

B. S. Subbanna, Under Secretary (Law). Panaji, 15th April, 1977.

61

MINISTRY OF HOME AFFAIRS

New Del'M, the 22nd ~Iarch 1977

Order

S. O. 248 (E). - In exercise of the powers con­ferred by sub-rule (1) of rule 33 of the Defence and Internal Security of India Rules, 1971, the Central Government hereby cancels the Orders Nos. S. O . 304(E) , S.O. 305(E), S.O. 306(E), S.O. 307(E), dated the 3rd July, 1975 and S. O. 310(E), dated 4th July, 1975 made by it under that sub-rule except as respects things done or omitted to be done before such canCellation under the said rule 33 in respect of the organisations specified in the said Orders.

By Order and in the name of the Vice-President acting as the President.

[No. ll/16011/21/77 -S&P (D.II) 1

R. L. MISRA, Jt. Secy .

... Office of the Chief Electoral Officer

Notification

3-1-77/E1ec.

The following Notifications No. 56/77-X and 56/77-XI both dated 11-5-77 issued by the Election Commission of India, New Delhi, is hereby publi­shed for general information.

K. C. D. Gangwani, Chief Electoral Officer. Panaji, 16th May, 1977.

Election Commission of India

New Delhi, dated 11 May, 1977 Vaisakha 21, 1899 (S)

Notification

S. O. - In pursuance of clause (d) of sub-para­graph (1) and sub-paragraph (2) of paragraph 17 of the Election Symbols (Reservation and Allotment) Order, 1968, the Commission hereby makes the follo­wing amendments in its notification No. 56/77-II, dated 9 February, 1977, published as S. 0.152 (E) in the Gazette of India, Extraordinary, Part II, section 3(;i), dated 9 February, 1977 and as amended from time to time, namely-

In TABLE 3 of the said notification:-(i) against item No.4 Gujarat, under column

2 the entries" (5) Cultivator winnowing grain" and "(10) Plough" shall be deleted and the remaining entries Nos. (6) to (9) shall be renumbered as (5) to (8) and the entries at Nos. (11) to (18) shall be renumbered as (9) to (16);

(ii) against item No.5. Haryana, under column 2, the entry .. (7) Plough" shall be deleted and the remaining entries Nos. (8) to (10) shall be renumbered as (7) to (9);

(iii) against itenr No.6. Himachal Pradesh, under column 2, the entry" (3) Farmer winnD-

62

wing grain" shall be deleted and the remaining entries NoS:' (4) to'(9), shall be'renumbered as (3) to (8);

(iv) against item No. 10: Madhya Pradesh, under column 2, the,' entry "(3) Cultivator winnowing grain" shall be deleted and the reo maining entries Nos. (4)to , (12) 'shall ,be

,renumbered as (3) to (ll); (v) against item No. 22. WestBengal,nnder

colUlnn2, the eritty"(15) Plough" shall be deleted and the remaining entries Nos.(16)· to

'(25) shall be renumbered as (15) to (24); ,

and ,,(vi),againstitem No. 24. Arunachal Pradesh,

,'under-column .2,the entries' "(8) Mithun, (9) Plough" and" (11) Rising Sun" shall bEl deleted arid the entry at S. No. (10) shall 'be renum­bered as (8) and entries at S. Nos. (12) to (16) shall be renumbered as (9) to (13).

[No. 56/77-XJ

By Order,

(V. NAGASUBRAMANIAN) Secretary.

New Delhi, dated 11 May, 1977 Vaisakha 21, 1899(1'5)

N otificatlon

B.O. - Whereas by its order dated 11 May, 1977, ,under paragraph 16 of the Election Symbols (Re­servation and Allotment) Order, 1968, the Election COmmission has decided that the Janata Party formed as a result of the amalgamation of four National Parties, namely: 1, Iridian National Con­'gress (Organisation), 2. Bharatiya J ana Sangh, :3. Bharatiya Lok Dal and 4. Socialist Party, shall

"

SERIES I No. 'I

be a National Party and that the symbol "Haldhar within wheel (Chakra Haldhar)" shall be reserved for it;

And whereas the Commission has further decided in the said order that the names of the four Natio­nal _ Pa~ties, namely: 1., Indian National ,Congress (Organisation), ,2. Bharatiya Jana BaUgh,B. Bha­ratiya Lok Dal and 4. SoCialist Party should be deleted from the list of National Parties and that the reserved -symbols 1: "Charkha being plied by a woman"; 2. HLiunp"- and 3. "Tree''", should oe frozen;

Now, therefore, in pursuance of clause (a) of sub-paragraph (1) and sub-paragraph (2) of para­graM 17 of the Ele,ction Symbols (Reservation ,md Allotment), Order, 1968, the Commi,ssion hereby makes thefoll6wihg amendments to its' notifica­tion No. 56/77 -II,' dated 9 February, '1977,' pub­lished as S.O.152(E) in the Gazette of India, Ex­traordinary, Part II, section 3 (jj), dated 9 February, 1977, and as amended from time to time namely-

In TABLE 1 appended to the said notification, for the existing entries, the following entries shall be substituted: -

"1. Indian National Congress - Calf and Cow

2. Communist Party of India - Ear's of corn and sickle

3. Communist Party of India (Marxist) - Ham~ mer, Sickle and Star

4. Janata Party - Haldhar within wheel (Cha­kra Haldhar)". '

[No. 56/77-XIJ

By order,

(V. NAGAS1)BRAMANIAN) Secretary.

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