Labour Laws

Chapter 1: INTRODUCTION

1.1 History of Ship Industry In India 1.2 History of ABG Shipyard 1.3 Company Profile

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1.1 History of Ship - Building Industry in India

Traces of shipbuilding activity in India can be traced to the Harappan days, but in the modern sense, it took off in the 1990s when Indias share in the global trade started increasing gradually. Initially to mitigate any possible risks of downtrend in shipbuilding, shipyards were equipped with ship repair facilities. Private players started shedding their initial reluctance once they were sure of the surge in demand and support from the government. According to the report of the Working Group for Shipbuilding for the 11th Five -year Plan (2007-2012), Indias shipbuilding sector grew by 72% with an average rate of 15% per year during the10th plan (2002-2007). Contrast this to the average growth per year of only 4.5% achieved during the 9th plan (1997-2002) and one can understand how shipbuilding has evolved gradually in India. Increase in trade, coupled with availability of cheaper and efficient labo created an ur, encouraging environment for the shipbuilding industry in the c ountry. Indian efforts received a boost by a directive from International Maritime Organization (IMO) a UN affiliated body responsible for improving maritime safety and preventing pollution from ships to phase out all single hull tankers by 2010. This has fuelled demand for replacement ships, considering almost 32% of the fleet worldwide at present are single hull. Demand is getting further encouragement from an internationally accepted regulation of replacing 25 -year old vessels with new ones. At present, almost 65% vessels in use are over 15 years old. Rise in exploration and production activities has also helped in sustaining demand for vessels of particular types. No wonder, order books of major shipbuilders in India are full till 2012.

Shipbuilding: Important Facts Number of shipyards in India => 30-40 (27 being actively operational) Investment required for shipyards =>Rs100 crore -Rs4500 crore Market size of shipbuilding at present => $5 billion Market size of shipbuilding expected in 2025 => $20 billion Number of ships being built at present => 250 Shipbuilding capacity at present (in terms of cargo carrying capacity) = 2.8 million > ton Shipbuilding capacity by 2012 (in terms of cargo carrying capacity) = 4 million ton > Shipbuilding capacity by 2017 (in terms of cargo carrying capacity) = 19 million > ton Percentage of ships built for exports => 75%

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It should, therefore, come as no surprise that a number of new players have shown intent to enter shipbuilding with various kinds of investments. Steel cast, a Gujarat-based company, with an annual turnover of Rs18 crore, is setting up a Greenfield shipbuilding facility in Bhavanagar with an investment of Rs100 crore. ABG Shipyard, on the other hand, is going ahead with its Rs400 crore plan to build a new shipyard at Dahej. Reliance is reported to be spending some $2 billion on shipbuilding.

Major shipyards
According to the report of the Working Group for Shipbuilding for the 11th Five -year Plan, there are 27 shipyards around which Indian shipbuilding is based. Of these, eight are in public sector (six under the central government, and two under state go vernments) and the rest are in the private sector. ABG Shipyard and Bharati Shipyard, largest of the private shipbuilders, are based in Mumbai, while Chowguhle and Dempo are based in Goa. Major public sector players include Vishakhapatnam -based Hindustan Shipyard, and Cochin-based Cochin Shipyard. Pipavav Shipyard, sitting on order books of Rs4,360 crore, is working on building the largest shipbuilding facility in India 130 kms east of Bhavnagar in Gujarat. The Shipyards Association of India (SAI), a lobbying body of the Indian shipbuilders, insists that investments in new shipyards are moving forward. Shipyards are usually built taking into consideration a lifespan of 100 years, which is bound to see many ups and downs in the global economy. This explainswhy Indian shipbuilders are going ahead with their plans to build their own yards despite problems with raising finance. L&T, which already has a shipyard at Hazira, has, however, decided to scale back investment on its upcoming shipbuilding facility at Katupalli near Chennai. It had expressed intentions to spend Rs3,000 crore on this. Shipbuilding activity is expected to remain strong in India for another two decades, for it has moved here as a spill over from other countries. The industry started moving from Europe to Asia in the 1960s. First it moved to Japan and from there to Korea, and subsequently to China. With slots full in these countries, India has emerged as a new favourite. From India it is expected to move to Vietnam, which is already being see as a force to reckon with. n

Labour Laws 1.2 History of ABG Shipyard Ltd.

ABG Shipyard Ltd., the flagship Comp. of ABG group was incorporated in the year 1985 as Magdalla Shipyard Pvt. limited with the main objects of carrying Shipbuilding & Ship Repair business. In a span of 15 years from the year 1991, the Comp. has achieved the status of largest private sector shipbuilding yard in India with satisfied customer base all around the world. The registered office & the yard are situated at Surat in the stat of Gujarat & the e corporate office is in Mumbai. Our Shipyard has state of art, manufacturing facilities including a Ship -lift Facility with a lift capacity of 4500 tons, side transfer facilities, CNC plasma cutting machine, Bending rolls, Hydraulic press, Cold shearing machine, Frame bending machine & steel processing machinery. The Shipyard also has blasting shop & fabrication shop covered in 4 bays of 150 x 30 M each equipped with 20T EOT Cranes. The manufacturing process is in line with world-class standards & the Yard is certified by DNV for ISO 9001:2000. During past decade, the Shipyard has constructed & delivered Eighty -eight [88s] Vessels including Specialized & Sophisticated vessels like Interceptor Boats, Self Loading & Discharging Bulk Cement Carriers, Floating Cranes, Articouple Tugs & Flotilla, Split Barges, Bulk Carriers, Newsprint Carriers, Offshore Supply Vessels, Dynamic Positioning Ships, Anchor Handling Tug Supply Vessels, Multi-purpose Support Vessel, Diving Support Vessels, etc. for leading companies in India & abroad. ABG Shipyard has successfully delivered 2 Nos. Interceptor Boats [45 knots vessels] in Aluminum hull with Water Jet Propulsion to the Indian Coast Guard, 2 x 4000 DWT Cement Carriers for Cement Ambuja International, Mauritius, 4 x 50T Bollard Pull SRP Tugs for Wijsmuller, Holland [An A.P.Moller and Co.s]. The most recent deliveries have been 4 x 60.8M Anchor Handling Tugs / Supply Vessels and 1 x 42M Well Head Maintenance Vessel [Aluminium Hulls] for Halul Offshore, Doha, Qatar, 1 x 50M Well Test / Supply Vessel & 1 x 56M Well Test / DPS-2 Vessel for Al Mansoori Production Services, Abu Dhabi, 3 x 47M 80T Multipurpose Vessel for Lamnalco Group, Sharjah, 4 x Utility Vessel for Zamil Operation and Maintenance Comp. Ltd., 1 No. 60.8M Diving Support Vessel - DP1 Halul Offshore Co., Doha are ready for delivery & 1 No. 83.5M Dynamic Positioning - DP2 Type Vessel with Diesel Electric Propulsion for Consolidated Contractors Construction Co., UAE. The Yard has recently been awarded an order for 2 Nos. 53M - 90T B. P. ASD Vessels from Lamnalco Group, UAE. We have also received Orders for 1 No. 90M Pipe Lay Barge, 5 Nos. 61M Anchor Handling Tug Supply Vessels & 1 No. 78M DPS-2 Diving Support Vessel from Maridive, Egypt, 3 Nos. 94M Pollution Control Vessels for Indian Coast Guard, 4 Nos. Articoupled Barges for Essar Shipping, 4 Nos. 63M Anchor Handling Tug Supply Vessels from Seatankers Management Co. Ltd., Norway & 1 No. 60.8M Offshore Supply / Supply Vessel from VROON B. V., Netherlands. ABG Shipyard Ltd is also proud of getting a prestigious order for 500 passenger vessel from the Administration of Andaman & Nicobar Administration, Port Blair, which is under construction presently. The Yard has Multiple Building Berths, 2 Dry-docks, 125 m x 22.5 m X 5.6 m Fitted with Computerized Synchronous Ship lift Platform, of 4500 Tones Lifting Capacity & 155 m X 30 m x 7.5 m, Graving Dry-dock served by 80-T Goliath Crane span 50 m, height 35 m. & substantial carnage like NCK Rapier 150T Capacity, Tata P and H Make, 60-T Capacity, HM

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Make, 50-T Capacity, PPM 80T Capacity. The 'Ship lift Facility' enables the yard to simultaneously build & repair many vessels & gives the yard a tremendous logistical advantage & flexibility. The Shipyard has execu many prestigious Shipbuilding & Shipted repair contracts against stiff International Competition for both Export & Domestic Markets. All these vessels have performed very well, thus establishing its reputation for building & delivering vessels of best quality at competitive prices & delivery periods. The Ship Repair Division has successfully repaired & refurbished Dredgers, Ethylene Carriers, Bulk Carriers, and Offshore Supply Vessels & Coast Guard Vessels. The Shipyard has executed many prestigious Shipb uilding and Ship-repair contracts against stiff International Competition for both Export and Domestic Markets. All these vessels have performed very well, thus establishing its reputation for building and delivering vessels of the best quality at competitive prices and delivery periods. The Ship Repair Division has successfully repaired and refurbished Dredgers, Ethylene Carriers, Bulk Carriers, Offshore Supply Vessels and Coast Guard Vessels. The path of progress from the Shipyards pioneering work to its leading position today has been achieved by the superior quality of its products and services, the high productivity of its operations and the innovative spirit and integrity of its people. We are now setting-up a new shipyard with state of art manufacturing facilities including Two (2) Nos. 400 Meters. long New building dry-docks allowing us to build all kinds of vessels up to 120000 DWT.

Labour Laws 1.3 Company Profile

At a Glance Highlights

y y

y y y y

Largest Private Sector Shipbuilding Yard in India Certified by DNV for ISO 9001 2008 Shipyard has received All India Trophy for Highest Exporters in Recognition of outstanding Contribution to Engineering Export from Govt. of India - Ministry of Commerce. Delivered 137 specialized and sophisticated vessels. 90% of the vessels built in last two years were exported. State of the art manufacturing facilities Competitiveness in the Global markets in terms of Price, Quality and Delivery.

Date of Establishment Revenue Market Cap Corporate Address Chairperson Business Operation Financials Company Secretary

: 1985 : 403.228 ( USD in Millions ) : 18866.5272705 ( Rs. in Millions ) : Near Magdala Port,Dumas Road, Surat-395007, Gujarat : Mr. Rishi Agarwal : Ship Building & Ship Repairing : Total Income - Rs. 19201.1 Million (year ending Mar 2010) : Net Profit - Rs. 2289.2 Million ( year ending Mar 2010) : Rajashekhar Reddy

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Sno 1 2 3 4 5 6 7 8 Name Rishi Agarwal Ram Swaroop Nakra Saket Agarwal Ashok R Chitnis Arun Phatak Shahzaad Dalal Nainesh Jaisingh Ashwani Kumar Designation Chairman Managing Director Director Director Executive Director Nominee Director Nominee Director Independent Director

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Registered Office & Factory (Shipyard): ABG SHIPYARD LTD. Near Magdala Port, Dumas Road, Surat, Gujarat - 395 007 Telephone: (0261) 2725191 Fax: (0261) 2726481 Corporate Office: ABG SHIPYARD LTD. 5th Floor, Bhupati Chambers, 13, Mathew Road, Mumbai 400 004. Telephone: +91 22 66563000 Fax: +91 22 23649236 Email : [email protected]

Labour Laws

2.1 Labour Law 2.2 Classification of Various Labour Law 2.3 Labour Police of India

Chapter 1: LITERATURE REVIEW

Labour Laws

2.1 Labor Law

Origins of Labour Laws

Labour laws emerged when the employers tried to restrict the powers of workers' organizations and keep labor costs low. The workers began demanding better conditions and the right to organize so as to improve their standard of living. Employers costs increased due to workers demand to win higher wages or better working conditions. This led to a chaotic situation which required the intervention of Government. In order to put an end to the disputes between the ever-warring employer and employee, the Governm enacted many ent labor laws. In India the labor laws are so numerous, complex and ambiguous that they promote litigation rather than the resolution of problems relating to industrial relations. Thelabor movement has contributed a lot for the enactment of laws protecting labor rights in the 19th and 20th centuries. The history of labor legislation in India can be traced back to the history of British colonialism. The influences of British political econom were naturally dominant in y sketching some of these early laws. In the beginning it was difficult to get enough regular Indian workers to run British establishments and hence laws for chartering workers became necessary. This was obviously labor legislation in order to protect the interests of British employers. The British enacted the Factories Act with a really self-centered motive. It is well known that Indian textile goods offered serious competition to British textiles in the export market. In order to make India labor costlier, the Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile moguls of Manchester and Lancashire. Thus we received the first stipulation of eight hours of work, the ab olition of child labor, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. While the impact of this measure was clearly for the welfare of the labor force the real motivation was undoubtedly the protection their vested interests. India provides for core labor standards of ILO for welfare of workers and to protect their interests. India has a number of labor laws addressing various issues such as resolution of industrial disputes, working conditions, labor compensation, insurance, child labor, equal remuneration etc. Labour is a subject in the concurrent list of the Indian Constitution and is therefore in the jurisdiction of both central and state governments. Both central and state governments have enacted laws on labour issues. Central laws grant powers to officers under central government in some cases and to the officers of the state governments in some cases.

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Labour Laws 2.2 Classification of Various Labour Laws

There are over 45 legislations on labor from the Central Government and the number of legislations enacted by the State Governments is close to four times that of the Central Acts. Labour Laws can be classified into the following eight categories: (i) Laws related to Industrial Relations (ii) Laws related to Wages (iii) Laws related to Specific Industries (iv) Laws related to Equality and Empowerment of Women (v) Laws related to Deprived and Disadvantaged Sections of the Society (vi) Laws related to Social Security (vii) Laws related to Employment & Training (viii) Others Laws related to Industrial Relations 1) The Trade Unions Act, 1926 2) The Industrial Employment (Standing Orders) Act, 1946 The Industrial Employment (Standing Orders) Rules, 1946 3) The Industrial Disputes Act, 1947 Laws related to Wages 1) The Payment of Wages Act, 1936 The Payment of Wages Rules, 1937 2) The Minimum Wages Act, 1948 The Minimum Wages (Central) Rules, 1950 3) The Working Journalist (Fixation of Rates of Wages) Act, 1958 Working Journalist (Conditions of service) and Miscellaneous Provisions Rules, 1957 4) The Payment of Bonus Act, 1965 The Payment of Bonus Rules, 1975 Laws related to Specific Industries 01) The Factories Act, 1948 02) The Dock Workers (Regulation of Employment) Act, 1948 03) The Plantation Labour Act, 1951 04) The Mines Act, 1952 05) The Working Journalists and other Newspaper Employees (Conditions of Service and Misc. Provisions) Act, 1955 The Working Journalists and other Newspaper Employees (Conditions of Service and Misc. Provisions) Rules, 1957 06) The Merchant Shipping Act, 1958 07) The Motor Transport Workers Act, 1961 08) The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 09) The Contract Labour (Regulation & Abolition) Act, 1970 10) The Sales Promotion Employees (Conditions of Service) Act, 1976 The Sales Promotion Employees (Conditions of Service) Rules, 1976 11) The Inter-State Migrant Workmen (Regulation of Employment and

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Conditions of Service) Act, 1979 12) The Shops and Establishments Act 13) The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules,1984 The Cine Workers Welfare Fund Act, 1981. 14) The Dock Workers (Safety, Health & Welfare) Act, 1986 15) The Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996 16) The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997 17) The Mica Mines Labour Welfare Fund Act, 1946 18) The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972 19) The Beedi Workers Welfare Fund Act, 1976 20) The Beedi Workers Welfare Cess Act, 1976 21) The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976 22) The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976 23) The Cine Workers Welfare Fund Act, 1981 24) The Cine Workers Welfare Cess Act, 1981 25) The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993 26) The Coal Mines (Conservation and Development) Act, 1974 Laws related to Equality and Empowerment of Women 1) The Maternity Benefit Act, 1961 2) The Equal Remuneration Act, 1976 Laws related to Deprived and Disadvantaged Sections of the Society 1) The Bonded Labour System (Abolition) Act, 1976 2) The Child Labour (Prohibition & Regulation) Act, 1986 Laws related to Social Security 1) The Workmens Compensation Act, 1923 2) The Employees State Insurance Act, 1948 3) The Employees Provident Fund & Miscellaneous Provisions Act, 1952 4) The Payment of Gratuity Act, 1972 Laws related to Employment & Training 1) The Employment Exchanges (Compulsory Notification of Vacancies)Act, 1959 The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959 2) The Apprentices Act, 1961

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Others 1) The Fatal Accidents Act, 1855 2) The War Injuries Ordinance Act, 1943 3) The Weekly Holiday Act, 1942 4) The National and Festival Holidays Act 5) The War Injuries (Compensation Insurance) Act, 1943 6) The Personal Injuries (Emergency) Provisions Act, 1962 7) The Personal Injuries (Compensation Insurance) Act, 1963 8) The Labour Laws (Exemption from Furnishing Returns and Maintaining Register by Certain Establishments) Act, 1988 9) The Public Liability Insurance Act, 1991

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Labour Laws 2.3 Labour Policy of India

Labor policy in India has been evolving in response to specific needs of the situation to suit requirements of planned economic development and social justice and has two -fold objectives, viz., maintaining industrial peace and promoting the welfare oflabor. Labour Policy Highlights  Creative measures to attract public and private investment.  Creating new jobs  New Social security schemes for workers in the unorganized sector.  Social security cards for workers.  Unified and beneficial management of funds of Welfare Boards.  Reprioritization of allocation of funds to benefit vulnerable workers.  Model employee-employer relationships.  Long term settlements based on productivity.  Vital industries and establishments declared as `public utilities`.  Special conciliation mechanism for projects with investments of Rs.150 crores or more.  Industrial Relations committees in more sectors.  Labour Law reforms in tune with the times. Empowered body of experts to suggest required changes.  Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary.  Amendments to Industrial Disputes Act in tune with the times.  Efficient functioning of Labour Department.  More labor sectors under Minimum Wages Act.  Child labor act to be aggressively enforced.  Modern medical facilities for workers.  Rehabilitation packages for displaced workers.  Restructuring in functioning of employment exchanges. Computerization and updating of data base.  Revamping of curriculum and course content in industrial tr aining. Joint cell of labor department and industries department to study changes in laws rules. and

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Chapter 3: RESEARCH METHODOLOGY

3333.1 Research Methodology 3.1 Research Methodology 3.2 Research Objective 3.2.1 Types of research study 3.2.2 Data collection method 3.3 Research Design 3.4 Limitation of Study

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3.1 Research Methodology:
The results obtained from analysis are properly interpreted and decision taken hence if the data is inaccurate and inadequate the whole analysis may be faulty and decision taken misleading. To avoid this must collect accurately.

3.2 Research Objective:

The main objective of study we know the whole function of HR department depends.

3.2.1 Type of Research Studies:

The Research Studies are divided in to two Categories: y Fundamental Research: Fundamental or Basic Research is primarily intended to find out certain basic principles. y Applied Research: Applied Research is already stated and the application of available scientific method in social science research which helps to contradict, alter or modify any existing theory and helps to formulate policy. Here, my research is based on the Fundamental Research and it is useful for increase the knowledge regarding various Section of Labour Law.

3.2.2 Data Collection Method:

The data can be collected by the two ways. y Primary data: Primary data is one which is collected by the investigators him/her Self for the purpose of specific inquiry or study. y Secondary data: When an investigator uses the data which has already been collected by others, such data is called secondary data. Methods of Primary Data: There are five methods for collection of primary data. 1] Observation 2] Experimentation 3] Questionnaire 4] Interviewing 5] Case Study Method In my Research Project I have collected primary data through the Observation. Observation is survey technique of gathering data by observing the arrangement of company facilities for employees.

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3.3 Research Design
A research design specifies the method procedure for conducting the particular study. It is systematic procedure to carry out the research study. My research design is descriptive and observation in nature

3.4 Limitation of the Study:

The project study is limited to ABG India Limited alone and thus cannot be generalized for all other companies working in the similar field. During the training transaction need to interact with very limited employee thus training studying is not much more effective to make effective need to plan interact with another 100 employees in future to know more about the effectiveness of the current labor law and its implementation.

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Chapter 4: RESEARCH DATA

Factory Act 1948S

4.1 Health 4.2 Safety 4.3 Welfare 4.4 Working Hours of Adults 4.5 Employment of Young Person 4.6 Annual leave wages

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The Factories Act 1948

Objective & Applicability The Factories Act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories. It extends to whole of India and applies to every factory wherein 20 or more workers are ordinary employed. Since the aim and object of the Act is to safeguard the interest of workers and protect them from exploitation, the Act prescribes certain standards with regard to safety, welfare and working hours of workers, apart from other provisions. Factory Means any premises including the precincts thereof where ten or more persons are working in any manufacturing process being carried on with aid of power and where twenty or more workers are working without the aid of power.

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4.1 Health Section 11. Cleanliness.Section 12. Disposal of wastes and efflugents.Section 13. Ventilation and temperature.Section 14. Dust and fume.Section 16. Overcrowding.Section 17. Lighting.Section 18. Drinking water.Section 19. Latrines and urinals.Section 20. Spittoons.4.2 Safety Section 21. Fencing of machinery.Section 22. Work on or near machinery in motion.Section 23. Employment of young persons on dangerous machines. Section 24. Striking gear and devices for cutting off power.Section 25. Self-acting machines.Section 26. Casing of new machinery.Section 28. Hoist and lifts.Section 29. Lifting machines, chains, ropes and lifting tackles. Section 30. Revolving machinery. Section 31. Pressure plant. Section 32. Floors, stairs and means of access. Section 33. Pits, sumps, openings in floors, etc. Section 34. Excessive weights. Section 35. Protection of eyes. Section 36. Precautions against dangerous fumes, gases, etc.Section 36A. Precautions regarding the use of portable electric light.Section 37. Explosive or inflammable dust, gas, etc. Section 38. Precautions in case of fire. Section 39. Power to require specifications of defective parts or tests of stability. Section 40. Safety of buildings and machinery. Section 40A. Maintenance of buildings. Section 40B. Safety Officers. -

4.3 Welfare Section 42. Washing facilities Section 43. Facilities for storing and drying clothing Section 44. Facilities for sitting.Section 45. First-aid-appliances.Section 46. Canteens.Section 47. Shelters, rest-rooms and lunch-rooms.-

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Section 49. Welfare Officers. 4.4 Working Hours of Adults Section 51. Weekly hours Section 52. Weekly holidays. Section 53. Compensatory holidays Section 54. Daily hours. Section 55. Intervals for rest Section 57. Night shifts. Section 58. Prohibition of overlapping shifts Section 59. Extra wages for overtime. Section 60. Restriction on double employment. Section 66. Further restriction on employment of women 4.5 Employment of Young Person Section 67. Prohibition of employment of young children. Section 68. Non-adult workers to carry tokens. Section 69. Certificate of fitness. Section 70. Effect of certificate of fitness granted to adolescent Section 75. Power to require medical examination. 4.6 Annual Leave with Wages Section 78. Application of Chapter.Section 79. Annual leave with wages Section 80. Wages during leave periods.Section 81. Payment in advance in certain cases Section 82. Mode of recovery of unpaid wages

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Section Section 11. Cleanliness. Details under particular section Follow At ABG In ABG Shipyard there are only three departments. 1)Human Resource Department, 2)Design Department , 3)Safety Department 4)Account 5)Administration 6)Civil 7)Hull fabrication 8)Hull eraction 9)Electrical 10)Yard maintenance 11)Painting 12)Outing 13)Piping And there is open large area for shipbuilding where shipbuilding process has been taken place so it require large open area. Office department has been cleaned twice in a day and cleaned at least once in a week by washing. Shipyard cleaned once every day. They repairing, restructuring, painting buildings once in a year. All doors and windows frames and other wooden or metallic frameworks and shutters painted and varnished once within five years.

4.1 Health
(1) Every factory shall be kept clean and free from effluvial arising from any drain, privy or other nuisance, and in particular: a) Accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages and disposed of in a suitable manner; b) The floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant where necessary, or by some other effective method; c) Where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided as maintained; d) All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall: (i) Where they are 'painted otherwise than with washable water paint or varnished, be repainted or revarnished at least once in every period of five years; (i-a) 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; (ii) Where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least one in every period of fourteen

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months by such methods as may be prescribed; (iii) In any other case, be kept whitewashed, or colour washed, and the whitewashing or colour washing shall be carried out at least once in every period of fourteen months; (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; (e) The dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register. (2) If, in view of the nature of the operations carried on in a factory or class or description of factories or any part of a factory or class or description of factories, it is not possible for the occupier to comply with all or any of the provisions of sub-section (1), the State Government may by order exempt such factory or class or description of factories or part from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean state. Section 12. Disposal of wastes and effluents (1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on there in, so as to render them innocuous, and for their disposal. (2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed. (1) Effect and suitable provisions shall be made in every factory for securing and maintaining in every workroomy (a) adequate ventilation by the ABG Shipyard manufacturing ship. There is no harmful waste in shipbuilding. There is also a effluent plant in ABG Shipyard.

Section 13. Ventilation and temperature

ABG Shipyard has large open yard. So there is ventilation facility provided at confine space in the ship.

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circulation of fresh air, and y (b) such a temperature as will secure to workers there in reasonable conditions of comfort and prevent injury to health; and in particular, o (i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable; o (ii) where the nature of the work carried on in the factories involves, or is likely to involve, the production of excessively high temperature, such adequate measures as are practicable shall be taken to protect the workers there from, by separating the process, which produces such temperature from the workroom, by insulating the hot parts or by other effective means. (2) The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained. (3) If it appears to the Chief Inspector that excessively high temperature in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under subsection (2), serve on the occupier, an order in writing specifying the measures which, in his opinion should be adopted, and requiring them to be carried out before a specified date. Section 14. Dust and fume (1) In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, Ship building in open yard. There is not any building for manufacturing. There are three workshop at that place they provide ventilation facility. They also provide ventilation facility in all departments.

In office building and yard area cleaned by sweeper once in a day. Workshop cleaned by using power tooling operations

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or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible. (2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes there from as are likely to be injurious to workers employed in the room. Section 15. Artificial humidification like compressor. They also provide dust mask when cleaning space workers who are engage in power tooling.

(1) In respect of all factories in which the It is not applicable in humidity of the air is artificially increased, shipyard industry. It applies the State Government may make rules,in textile industry. y (a) prescribing standards of humidification; y (b) regulating the methods used for artificially increasing the humidity of the air; y (c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; y (d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. (2) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall he effectively purified before it is so used. (3) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and

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requiring them to be carried out before specified date. Section 16. Overcrowding No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. (2) Without prejudice to the generality of sub-section (1), there shall be in every workroom of a factory in existence on the date of commencement of this Act at least 9.9 cubic metres and of a factory built after the commencement ofthis Act at least 14.2 cubic metres of space for every worker employed therein, and for the purposes of this sub-section no account shall be taken of anyspace which is more than 4.2 metres above the level of the fioor of the room. (3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the Provisions of this section, be employed in the room. (4) The Chief Inspector may, by order in writing exempt, subject to such conditions, if any, as he may thing fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein. (1) In every part of a factory where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. (2) In every factory all glazed windows and skylights used for the lighting of the workroom shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section (3) of section 13 will allow, free from obstruction. (3) In every factory effective provision shall, so far as is practicable, be made for There is large place where works working. And they maintained 14.2mtr space between workers.

Section 17. Lighting

There is enough light facility in the office building. And manufacturing takes place in the open yard so there is natural lighting as well as artificial lights also provided. In the ship they provide temporary light. Workers use hand light.

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the prevention ofy (a) glare, either directly from a source of light or by reflection from a smooth or polished surface; y (b) the formation of shadows to such an extent as to cause eyestrain or the risk of accident to any worker. (4) The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process. Section 18. Drinking water (1) In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water. (2) All such points shall be legibly marked "drinking water" in a language understood by a majority of the workers employed in the factory and no such points shall be situated within 1[six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination unless a shorter distance is approved in writing by the Chief Inspector. (3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather by effective means and for distribution thereof. (4) In respect of all factories or any class or description of factories the State Government may make rules for securing compliance with the provisions of subsections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories. In ABG Shipyard there is lack of water drinking facility. In ABG Shipyard there are more than 500 workers working. There is provision for 250 workers working then they have to provide a cooler. They bring water from outside. They purified water to workers. They inspect RO plant every month and provide hygienic water.

Section 19. Latrines and urinals

(1) In every factoryThere are not sufficient y (a) sufficient latrine and urinal latrines and urinal facility. accommodation of prescribed types shall be provided There are 10 to 15 women

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conveniently situated and accessible to workers at all times while they are at the factory; y (b) separate enclosed accommodation shall be provided for male and female workers; y (c) such accommodation shall be adequately lighted and ventilated and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any workroom except through an intervening open space or ventilated passage; y (d) all such accommodation shall be maintained in a clean and sanitary condition at all times; y (e) sweepers shall be employed whose primary duty it would be to keep clean all latrines, urinals and washing places. (2) In every factory wherein more than two hundred and fifty workers are ordinarily employedy (a) all latrine and urinal accommodation shall be of prescribed sanitary types; y (b) the floors and internal walls, up to a height of ninety centimetres of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface; y (c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the fioors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both. (2) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the number of male and female workers working in the shipyard. According to provision there are 25 women then they have to provide separate latrine facility for them and they provide that facility to women. There is sufficient lighting and ventilation facility and cleaned by sweepers regularly.

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ordinarily employed therein, and provide for such further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein. Section 20. Spittoons (1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. (2) The State Government may make rules prescribing the type and numbers of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. (3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. (4) Whoever spits in contravention of subsection (3) shall be punishable with fine not exceeding five rupees. Company provides a sufficient number of spittoons in convenient places and maintained in a clean and hygienic condition.

4.2 Safety
Section21 Fencing of machinery In every factory the following shall be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position while the parts of machinery they are fencing are in motion or in use Every moving part of a prime mover and every flywheel connected to prime mover, whether the prime mover or flywheel is in the engine house or not; Headrace and tailrace of every waterwheel and water-turbine in the factory as they would be if they were securely fenced, the following shall also be securely fenced:Every part of an electric any part of a stock bar which projects beyond the head In ABG Shipyard, they use D.C.Set, fire pumps, centenary crane, coaler crane, ultra crane, tower crane. All machineries they using are corved.

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stock of a lathe and Unless they are in such position or of such construction as to be safe to every person employed generator, a motor or rotary converter ; Every part of transmission machinery ; and Every dangerous part of any other machinery Section22 Work on near machinery in motion Lays down that where in any factory it becomes necessary to examine any part of the machinery referred to in section 21 while the machinery is in motion, or as a result of such examination to carry out In a case referred to in clause (i) of the provision to sub-section (1) of section 21, lubrication or other adjusting operation.: or In a case referred to in clause (ii) of the provision aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, While the machinery is in motion such examination or operation shall be made o r 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, Such worker shall not handle a belt at a moving pulley unless The belt is not more than fifteen centimeters in width; 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); The belt joint is either laced or flushed with the belt ; The belt, including the joint and the pulley rim, are in good repair; There is reasonable clearness between the pulley and any fixed plant or structure; Secure foothold and, where necessary, secure hand hold, are provided for the operator ; and Any ladder, in use for carrying out any examination or operation aforesaid is securely fixed or lashed, is firmly held by In ABG Shipyard there only heavy and motion machinery is crane only. Crane is operated by single man. Who has given special training how to operate crane. Crane is operated by crane operator. There is no other heavy machinery and motion machinery.

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a second person; Without prejudice to any other provision of this act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion and all spur worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact. Section 22(2) provides that no woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery. Section 22(3) empowers the state government to prohibit, by notification in the official gazette, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified part of machinery when those parts are in motion. Section23 Employment of young persons on dangerous machine. No young person shall be required or allowed to work at any machine to which this section applies ; unless : He has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed ; and (i) has received sufficient training in work at the machine or (ii) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. Section 23(2) lays down that sub-section (1) shall apply to such machines as may be prescribed by the government being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with. No young person shall allow to work without safety. They provides boiler shoes, helmet, safety belt, hand gloss, boiler shut etc. Without these things they cannot allow to work. When workers working at more than 2 mtr height then they have put on safety belt compulsory.

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Section24 Striking gear and devices for cutting of power Suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from part of the transmission machinery, and such gear or appliance shall be so constructed, placed and maintained as to prevent the belt from creeping back on to the fast pulley; Driving belts when not in use shall not be allowed to rest or ride upon shafting in motion, Section 24(2) provides that in every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every work-room. But in respect of factories in operation before the commencement of this act the provisions of this sub-section shall apply only to work-room in which electricity is used as power. Sub-section (3) provides that 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. No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of forty five centimeters from any fixed structure which is part of the machine. But the chief inspector may permit the continued use of a machine installed before the commencement of this act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose Suitable Striking Gear Or Other Efficient Mechanical Appliance Shall Be Provided. There is crane emergency switch. When crane moving, there is possibility an accident at that time automatic power cut.

Section25 Self-acting machines

There is no heavy machinery in the yard. Crane is operated by special man who has knowledge about operation of machinery.

Section26 Casing of new

Provides that in all machinery driven by They do Spur, Worm And power and installed in any factory after Other Toothed Or Friction

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machinery commencement of this act Every set Gearing on machinery. screw, bolt or key on any revolving shaft, They do casting on spindle wheel or opinion shall be so sunk, machinery when it require. encased or otherwise effectively guarded as to prevent danger; All spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion be completely encased unless it is situated as to be as safe as it would be if it were completely encased. Sub-section (2) of section 26 provides, whoever sells or lets on hire or, as agent of a seller or hirer causes or procures to be sold or let on hire, in a factory any machinery driven by power which does not comply with the provisions of sub section (1) or any rules made under sub section (3), shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. Section 26(3) authorizes the state government to make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines and specifying the types of safeguards to be provided thereon. In every factory every hoist and lift shall be of good mechanical construction, sound material and adequate strength; Properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months and a register shall be kept containing the prescribed particulars of every such examination; It is further provided that in every factory Every hoistway and liftway shall be sufficiently protected by an enclosure fitted with, gates and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure In ABG Shipyard crane and life are there. They inspect cranes and lift every six months. According to factory act every twelve months third party come and inspect, who is approve by government for inspection.

Section28 Hoists and lifts.

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of moving part; The maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such load shall be carried thereon; The cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing; Every gate referred to in clause (i) or clause (iii) above shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed. According to section 28(2) the following additional requirements shall apply to hoists and lifts used for carrying persons and installed or reconstituted in a factory after the commencement of this act; namely Where the cage is supported by rope or chain there shall be at least two ropes, or chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole of the cage together with its maximum load; Efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of ropes, chains or attachments; An efficient automatic device shall be provided and maintained to prevent the cage from overrunning. Section 28(3) authorizes the chief inspector to permit the continued use of a hoist or lift installed in a factory before the commencement of this act which does not fully comply with the provisions of sub section (1) upon Such conditions for ensuring safety as he may think fit to impose. Section 28(4) lays down that the state government may. If, in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement

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of sub-sections (1) and (2) by order direct that such requirement shall not apply to such class or description of hoist or lift Section29 Lifting machines, chains, ropes and lifting tackles In any factory, the following provision shall be complied with in respect of every lifting machine (other than hoist or lift) and every chain, rope and lifting tackle for the purpose of raising and lowering persons, goods or materials : All parts including the working gear, whether fixed or immovable of every lifting machine and every chain, rope or lifting tackle shall be Of good construction, sound material and adequate strength and free from defects; Properly maintained; and Thoroughly examined by a competent person once in every period of twelve months, or at such intervals as the chief inspector may specify in writing and a register shall be kept containing the prescribed particulars of every such examination; No lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test, be loaded beyond the safe working load which shall be plainly shown thereon together with an identification mark and duly entered in the prescribed register and where this is not practicable, a table showing the safe working loads of even kind and size of lifting machine or chain, rope of lifting tackle in use shall be displayed in prominent positions on the premises; While any person is employed or working on or near the wheel track of a traveling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within six meters of the place. Section 29(2) empowers the state government to make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories Prescribing further requirement to be complied with in addition to those set out in this section; According to Provision Lifting Machine (Other Than Hoist Or Lift) And Every Chain, Rope And Lifting Tackle, chain pulley blocks, are inspect by third party. Within twelve months it will inspect by third party and every six months they inspect.

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Providing for exemption from compliance with all or any of the requirements of this section, where, in its opinion, such compliance is unnecessary or impracticable. Section 29(3) lays down that for the purposes of this section a lifting machine, or a chain, rope or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safety of the parts examined. Section30 Revolving machinery Provides that in every factory in which the process of grinding is carried on. There shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted and the diameter of the pulley upon such shafts or spindle necessary to secure such safe working peripheral speed. According to section 30(2) the speeds indicated in notices under sub-section (1) shall not be exceeded. According to sub section (3) of section 30, effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, fly-wheel, pulleys, disc or similar appliance driven by power is not exceeded. Lays down that if in any factory any plant or machinery or any part thereof is operated at a pressure above atmosphere pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded. Section 31(2) empowers the state government to make rules providing for the examination and testing of any plant or machinery such as is referred to in sub In ABG Shipyard all machineries are revolving crane, cutter, lift, chain etc.

Section31 Pressure plant

There no pressure plant but they use compressor. Compressor maintains temperature of vessel. They inspect it every six months and third party all inspect after twelve months. It mention in from no. 11.

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section (1) and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories. Subsection (3) pros ides that 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 provisions of this sectio Section32 Floors, stairs and means of access All floors, steps, stairs and gangways shall be of sound construction and properly maintained and shall be kept free from obstructions and substances likely to cause persons to slip and where it is necessary to ensure safety steps, stairs, passage and gangways shall be prov ided with substantial handrails; There shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work; When any person has to work at a height from where he is likely to fall. Provisions shall be made, so far as is reasonably practicable. By fencing or otherwise, to ensure the safety of the person so working. Provides that in every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents is or may be a source of danger, shall be either securely covered or securely fenced. Section 33(2) empowers the state government to, by order in writing exempt, subject to such condition as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section Lays down that no person shall he employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. Section 34(2) authorizes the state government to make rules Handrails are provided among all the stair case. Safety belt also given to workers when working more than 2 meters height.

Section33 Pits, sumps, opening in floors, etc.

All the opening which is sources of danger are properly covered or fenced.

Section34 Excessive weights

In ABG Shipyard for lifting and shift they use cranes. Trolley used for lifting or shifting of materials in case of bulk.

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prescribing the minimum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process. Section35 Protection to eyes In respect of any such manufacturing They provide goggles to the process carried on in any factory as may workers during welding for be prescribed, the state government may eye protection. by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on or in the immediate vicinity of the process, provided such process involves :- Risk of injury to the eyes from particles or fragments thrown off in the course of the process, or Risk to the eyes by reason of exposure to excessive light. No person shall be required or allowed to enter any chamber. Tank, sat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapour, or dusts is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress. No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless A certificate in writing has been given b a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas. Fume, vapour or dust ; or Such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space. Any gas, fume, vapour, or dusts removed out by exhaust fan and then after workers are allowed to enter in tank, sat, pit, pipe, flue or other confined space. Moreover painting is carried out by spray painter. Company provides boiler suit and mask for safety.

Section36 Precautions against dangerous fumes, gases, etc

Section 36-a

In any factor (a) no portable electric light All portable light or any

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Precautions regarding the use of 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 unless adequate safety devices are provided and (b) if an inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pipe, flue or other confined space, no lamp or light other than that of flame-proof construction shall be permitted to be used therein . Lays down that wherein an factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measures shall be taken to prevent any such explosion by Effective enclosure of the plant or machinery used in the process; Removal or prevention of the accumulation of such dust, gas, fume or vapour; Exclusion or effective enclosure of all possible sources of ignition. Section 37(2) provides that where in any factory the plant or machinery used in a process such as is referred to in subsection (1) is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effects of explosion by the provision in the plant or machinery, or chokes, baffles, vents or other effective appliances. According to section 37(3) where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namley Before the fastening of any joint of any pipe, connected with the part or the fastening of the cover of any opening into the part is loosened any flow of the gas or vapour into the part of any such pipe shall be effectively stopped by a stopvalve or other means; other electric appliance having ELCB(Earth Leakage Circuit Breaker). When volts exceeds safe limit, circuit is automatically breaks which prevent electrical accidents.

Section37 Explosive or inflammable dust, gas, etc

There is no any such explosive material used in ABG Shipyard. They provides valve at different level of pipes.

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Before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the pressure of the gas or vapour in the part of pipe to atmospheric pressure; Where any such fastening as aforesaid has been loosened or removed effective measures shall be taken to prevent any explosive or inflammable gas or vapour from entering the part of pipe until the fastening has been secured or as the case may be, securely replaced. But the provisions of sub-section (3) shall not apply in the case of plant or machinery installed in the open air. Section 37(4) lays down that no plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have first been taken to remove such substance and any fumes arising there from or to render such substance and any fumes non-explosive or noninflammable, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance. Section38 Precautions in case of fire In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain Safe means of escape for all persons in the event of a fire. And The necessary equipment and facilities for extinguishing fire Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. The state government may make rules, in respect of any factory or class or description of factories, requiring the All workers have been trained against fire fighting. Refreshment training given to workers for six months to one year. At emergency they use fire extinshgous gas. Fire arises for three reasons solid, gas and liquid. To control fire they using different gas.

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measures to be adopted to give effect to the provisions of sub-sections (1) and (2). Notwithstanding, anything contained in clause (a) of sub-section (1) or sub-section (2). If the chief inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory. Whether as prescribed or not, for the purposes of clauses (a) of sub-section (1) or subsection (2), are inadequate, he may by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in this order. Section39 Power to require specifications of defective parts or test of liability Under section 39 if it appears to the inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing requiring him before a specified date To furnish drawings, specifications and other particulars as max be necessary to determine whether such building, ways, machinery or plant can be used with safety, or To carry out such tests in such manner as max be specified in the order, and inform the inspector of the results thereof. Combater person approved by government under factory act stability person and their instruction has been completed. Every year an inspection is carried out by a government officer and changes are made as per their instruction under their inspection.

Section40 Safety of building and machinery

If it appears to the inspector that any All the instruction of officer building or part of a building or any part are followed and carried out of the ways, machinery or plant in a within specific time limit. factory is in such condition that it is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measure which in his opinion shall be adopted and requiring them to be carried out before a specified date. According to section 40(2) if it appears to

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the inspector that the use of any building or part of a building or any part of the wax s. Machinery or plant in a factory involves imminent danger to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing prohibiting its use until it has been properly repaired or altered. Section 40-a 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 he workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order. (1) in every factory Wherein one thousand or more workers are ordinarily employed or Wherein, in the opinion of the state government 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 safety officers as may be specified in that notification. The duties, qualifications and conditions of service of safety officers shall be such as may be prescribed by the state government . In such condition officer and management discussed about deterministic condition and comes to some conclusion which is done before specified date.

Section 40-b safety officers

In ABG Shipyard there are 450 permanent employees and 2500 contract base employees. There are thirteen officers out of them five are safety officers in ABG company.

4.3 Welfare
Section42 Washing facility (1) provides that in every factor There is enough washing Adequate and suitable facilities for facility. washing shall be provided and maintained for the use of workers; Separate and adequately screened facilities shall be provided for the use of male and female workers;

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Such facilities shall be conveniently accessible and shall be kept clean. Section43 Facilities for storing and drying clothing Empowers the state government to make rules, in respect of any factors or class or description of factories, requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing. In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position. In order that they may take advantage of any opportunities for rest which may occur in the course of their work. According to section 44(2) if in the opinion of the chief inspector, the workers of any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position. He may by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. Section 44(3) empowers the state government to declare, by notification in the official gazette, that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process. In every factory shall be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factory. Section 45(2) provides that nothing except the prescribed contents shall be kept in a first-aid box or cupboard According to section 45(3) each first-aid box or cupboard shall be kept in the ABG provides change room for keeping clothing not worn during working hours and for the drying of wet clothing. There is enough facility of sitting is provided to employees and also a rest room for workers. They also follow instructions of officer.

Section44 Facilities for sitting

Section45 First-aid appliances

They provide separate firstaid box for male and female employees and workers. They also provide ambulance room.

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charge of a separate responsible person who holds a certificate in first aid treatment recognized by the state government and who shall always be readily available during the working hours of the factory. Section 45(4) says that in every factory wherein more than five hundred workers are ordinarily employed there shall be provided and maintained an ambulance room of the -prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory. Section46 Canteens. The state government may, according to section 46(1), make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. Thus sub-section (1) confers general rulemaking power upon the state government and sub-section (2) of section 46 authorized the state government to make rules providing for The date by which canteen shall be provided; The standards in respect of construction, accommodation, furniture and other equipment of the canteen; The foodstuffs to be served therein and the charges which may be made thereof; The constitution of a managing committee for the canteen and representation of the workers the management of the canteen; (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 Delegation to the chief inspector, subject to such conditions as may be prescribed, of the powers to make rules under clause (c). ABG provides canteen facility for the use of the workers with fair price and standard quality with efficient food stuff.

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Section47 Shelters, rest rooms and lunch rooms Lays down that in every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought b them, shall be provided and maintained for the use of the workers. But any canteen maintained in accordance with the provisions of section 36 shall be regarded as part of the requirements of this sub-section, and where a lunch room exists no worker shall eat any food in the work-room. Section 47(2) requires that the shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. Section 47(3) provides that the state government may Prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section; By notification in the official gazette, exempt any factory or class or description of factories from the requirements of this section. Company provides rest room and lunch room with enough drinking water facility. Rooms are clear, lightened and ventilated.

Section49 Welfare officer

Provides that in every factory wherein five There is hundred or more workers are ordinarily officer. employed the occupier shall employ in the factory such number of welfare officers as may be prescribed Requiring in any factory, or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers

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4.4 Working Hours of Adults

No adult worker shall be required or allowed to work in a factory for more than forty-eight hours No adult worker shall be required or Section52 Weekly holidays allowed to work in a factory on the first day of the week (hereinafter referred to as Section51 Weekly hours Employees works forty eight hours in a week with Sunday as a holiday. Sunday is the only holiday in every week.

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the said day), unless- He has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and The manager of the factory has, before the said day or the substituted day under clause (a). Whichever is earlier, Delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and Displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier. Where, in accordance with the provisions of sub-section (1) , any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week. Section53 Compensatory holidays. Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed. There is a holiday in a week that is Sunday. They give other eight holidays and one leave given on 20 days attends.

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Section54 Daily hours

Subject to the provisions of section 51, not adult worker shall be required or allowed to work in a factory for more than nine hours in any day: Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts. The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six. Where a worker in a factory works on a shift which extends beyond midnight,- For the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends The following day for him shall be deemed to be the period of twenty -four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day. Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or

Employees works forty eight hours in a week that means eight hour a day and Sunday as a holiday.

Section55 Intervals for rest.

ABG provides two recess of fifteen minutes and one hour lunch break which does not exceed continuous five hours.

Section57 Night shifts

There is night shift with the timing of 8pm to 5am. They do not have to work for day time.

Section58 Prohibition of overlapping shifts

No two shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.

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description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).] Section59 Extra wages for overtime Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. 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 confessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. 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 on 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 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 earning of the worker for the days on which he actually worked in the week in which the overtime work was done. The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. The State Government may make rules prescribingThe manner in which the cash equivalent of the advantage accruing through the Some time workers have to work for eleven hours instead of nine hour i.e. overtime and they entitled to wages at the rate of twice his ordinary rate of wages.

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concessional sale to a worker of foodgrains and other articles shall be computed; and The registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. Section60 Restriction on double employment No adult worker shall be required or There is strict restriction on allowed to work in any factory on any day double employment. on which he has already been working in any other factory, save in such circumstances as may be prescribed. The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing : 1. (a) The name of each adult worker in the factory; (b) The nature of his work; (c) The group, if any, in which he is included; (d) Where his group works on shifts, the relay to which he is allotted: (e) Such other particulars as may be prescribed: Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of, and be treated as, the register of adult workers in that factory. (1) 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. (2) The State Government may prescribe the form of the register of adult workers, the manner in which be maintained and the period for which it shall be preserved. They have detailed record of each employee including name of each adult worker, nature of his work and group.

Section62 Register of adult workers

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Section66 Further restrictions on employment of women

The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restriction namely: No exemption from the provisions of section 54 may be granted in respect of any woman: No women shall be 2[required or allowed to work in any factory] except between the hours of 6 A.M. and 7 P.M. Provided that the State Government may, by notification in the Official Gazette in respect of 2[any factory or group or class or description of factories] very the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. to 5 A.M. There shall be no change of shifts except after a weekly holiday or any other holiday] The state Government may make rules providing for the exemption from the restriction set out in sub-section (I), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material. The rules made under sub-section (2) shall remain in force for not more than three years in a time.

In ABG Women employee works between the hours of 10A.M. and 6 P.M. and no over time for them.

4.5 Employment of Young Person

Section67 Prohibition of employment of young children Section68 Non-adult, workers to carry tokens No child who has not completed his All the workers of ABG are fourteenth year shall be required or older than fourteen years. allowed to work in any factory. A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unlessA certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and Such child or adolescent carries while he is at work a token giving a reference to In ABG, all employees are older than eighteen years and they have to give their certificate of fitness.

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such certificate. Section69 Certificates of fitness A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory. The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renewA certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work; A certificate of fitness to work in a factory as an adult if he is satisfied that the young person has completed his fifteenth year, and is fit for a full day's work in a factory: Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this subsection until he has examined such place. A certificate of fitness granted or renewed under sub-section-(2) Shall be valid only for a period of twelve months from the date thereof; May be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring re-examination of the young person before the expiry of the period of twelve months. (4) A certifying surgeon shall revoke any certificate granted or renewed under sub- section (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory. (5) Where a certifying surgeon refuses to grant or renew a certificate or a In ABG, all employees are older than eighteen years and they have to give their certificate of fitness from certified surgeon and must renew after one year.

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certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for tile certificate or the renewal thereof, state his reasons in writing for so doing. (6) Where a certificate under this section with reference to any young person is granted or renewed subject to such conditions as are referred to in clause (b) of sub- section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions. (7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian. Section75 Power to require medical examination Where an Inspector is of opinionThat any person working in a factory without a certificate of fitness is a young person. Or That young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein. He may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person . The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, 2[agreement (including settlement)] or contract of service: Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave In ABG, all employees are older than eighteen years and they have to give their certificate of fitness from certified surgeon.

4.6 Annual Leave with Wages

Section78 Application of Chapter In ABG, every Sunday is a holiday with wages. ABG company is providing annually 15 seek and 30 annual leave with wages.

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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 arc provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply. The provisions of this Chapter shall not apply to workers 4[in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government. Section79 Annual leave with wages Every worker who has worked for a They provide 30 annual period of 240 days or more in a factory leaves and 15 sick leaves to during a calendar year shall be allowed employees with wages. during the subsequent calendar year, leave with wages for a number of days calculated at the rate ofIf an adult, one day for every twenty days of work performed by him during the previous calendar year; If a child, one day for every fifteen days of work performed by him during the previous calendar year. A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year. If a worker is discharged 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 before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub- section (1) even if he had not worked for tile entire period specified in sub-section (1) or sub-section

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(2) making him eligible to avail of such leave, and such payment shall be madeWhere the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and Where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.] (4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted. (5) If a worker does not in anyone calendar year take the whole of the leave allowed to him Under sub-section (I) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult, or forty in the case of a child: Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) 1[or in contravention of subsection (10)] shall be entitled to carry forward the 2[leave refused] without any limit. (6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act,

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1947 (14 of 1947): Provided further that the number of times in which leave may be taken during any year shall not exceed three. (7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in subsection (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. (8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated. (9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be. In agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed. (10)An application for leave which does not contravene the provisions of sub section (6) shall not be refused, unless

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refusal is in accordance with the scheme for the time being in operation under subsections (8) and (9 (11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits as employment, before he has taken tile leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day (12)The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal. Section80 Wages during leave period For the leave allowed to him under1i[section 78 or section 79, as the case may be] a worker 2[shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which 3[he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of tile advantage accruing through the concessional sale to the worker of foodgrains and other articles: [Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and In ABG Shipyard they give one live on twenty days attended. They give 30 days annual leave and 15 days for sick leave. When workers are on leave yet they pay to workers incentive.

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bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains and other articles.] The cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. The State Government may make rules prescribingThe manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and The registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed.

Section81 Payment in advance in certain cases

There is no advance payment done to workers. In sick cases they make payment after seen medical certificate.

Section82 Mode of recovery of unpaid wages

Any sum required to be paid by an Mode of recovery unpaid employer, under his Chapter but not paid wages not arise. They clear by him shall be recoverable as delayed at the time of settlement. wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936

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Chapter 5: FINDING

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ABG Shipyard is largest Private Sector Shipbuilding Yard in India Certified by DNV for ISO 9001 2008 Shipyard has received All India Trophy for Highest Exporters in Recognition of outstanding Contribution to Engineering Export from Govt. of India - Ministry of Commerce. ABG have enough infra structure facility. They have sufficient number of employees. They follows all the labour laws. In health section facility of Cleanliness, Disposal of wastes and efflugents. Ventilation and temperature, Dust and fume, Artificial humidification, Overcrowding, Lighting, Drinking water, Latrines and urinals, Spittoons are available. They provide all safety related tools like safety belts, boiler suits, boiler shoes, helmets and follows factory act. Further welfare facilities are washing facilities, Facilities for storing and drying clothing, Facilities for sitting, First-aid-appliances, Canteens, Shelters, rest-rooms and lunchrooms and Welfare Officers. Working hours for adults are 8hour a day and Sunday as a holiday. They are given with extra wages during over time. There is no employee with age less than 18 and they have submitted their fitness certificate. Their positive point is that they strictly prohibits child labour. Each person can take maximum of 15 days seek leave with wages and also thirty holidays a year with wages. Here is some findings upon which management must think i.e. facility related to drinking water, canteen facility and some infrastructure facility like rest room, lunch room, change room and locker room must be separated and improved according to workers strength.

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Chapter 6: CONCLUSION

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COCLUSION
As we know the whole function of HR department depends upon the HR Practices of the organization. The HR management is done according to the HR Practices of the company. Which things to be done and which things should not be done depend upon this only. Italso helps the organization to achieve the target of the organization. The HR policies of the organization have been mentioned in the HR Practices. All the rules & regulations for the employees have been also mentioned in this. All the welfare of the emplo yees processes is also mentioned in the factory act under labor law. All companies are having their HR Practices but the company who is having the best, is the most successful company among its competitors. So the company can get success within its competitors by applying best, effective HR Practices. Therefore ABG Shipyard is on the top in the ship building industry in India. ABG has undertaken an organization transformation exercise in which HR has taken a lead role as a change agent by evolving a communication strategy to ensure involvement and participation among employees in various work centers. Exclusive workshops and interactions sessions are organized to facilitate involvement of employees in the project. In fact, ABG has been one of the very few organizations where this method has been implemented. It has had a positive impact on the overall operations since it has led to enhanced efficiency and productivity and reduced wastages and costs.

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Bibliography
WEBSITES: y Bhattacharyya D. K. (2004-05), Types of Research Study, Research Methodology, 2nd Edition, Reprint, Anurag Jain for Excel Books, New Delhi. Page No: 14 y Bhattacharyya D. K. (2004-05), Data Collection Method, Research Methodology, 2nd Edition, Reprint, Anurag Jain for Excel Books, New Delhi. Page No: 52,53,55 Bhattacharyya D. K. (2004-05), Sampling Process, Research Methodology, 2nd Edition, Reprint, Anurag Jain for Excel Books, New Delhi. Page No: 81,82. Dare Because Entrepreneurs Do. To Choose the History of Ship Building Industry retrievedfromaspires-to-emerge-as-a-leading-player.htm http://www.dare.co.in/opportunities/infrastructurelogistics/shipbuildingindia To choose the company profile retrieved from http://www.abgindia.com

REFRENCE y y y Labour Law Shinha and shinha Bhattacharya D.K.(2004-05), types of Research Study Research Development.

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