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Social Security and Employee Welfare Assignment


DIVYA ANN P10122 PGDM 2010-12


Canteens (Section 46 and Rules according to Kerala Factories Rules) Section 46 (1) The State Government may 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. (2) Without prejudice to the generality of the foregoing power, such rules may provide for-(a) the date by which such canteen shall be provided;(b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen;(c) the foodstuffs to be served therein and the charges which may be made therefore;(d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; (e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c). 1*[(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;] Rules 91 to 97 under Section 46 91 CANTEEN  The occupier of every factory notified by the State Government and wherein more than 250 workers are ordinarily employed shall provide in or near the factory an adequate canteen according to the standards prescribed in these rules.  The Manager of a factory shall submit for approval of the chief inspector plans and site plan, in triplicate of the building to be constructed or adapted for the use as canteen.  The canteen building shall be situated not less than fifty feet from any latrine, urinal, boiler house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes. The chief Inspector may in any factory relax the provisions of this sub-rule to such extent that as may be reasonable in the circumstance and may adopt measures to obtain the purpose this sub rule  The canteen building shall be constructed in accordance with the plans approved by the Chief Inspector at shall accommodate a dining hall, kitchen, store room, pantry and washing places separately and for utensils.  In a canteen the floor and the inside walls should be made of smooth and impervious material up to a height of 4 feet from the floor. The remaining portion shall be made with cement plaster or any other manner in the approval of the Chief Inspector.  The doors and windows of the canteen should be fly proof with adequate ventilation.  The canteen should be sufficiently lighted at all times when persons have access to it. In every canteen: All inside walls of rooms and ceilings and passage and staircases shall be lime washed or colour washed at least once in a year or painted once in three years from the period it was last done as the case may be. All wood work, internal structural iron or steel work shall be varnished or painted once in three years dating from the period when last varnished or painted

.Records of dates on which lime washing, colour washing, varnishing or painting carried out shall be maintained in the prescribed register form no.7  The precincts of the canteen shall be maintained in clean sanitary condition. Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance. Suitable arrangement shall be made for collection and disposal of garbage. 92 DINING HALL  The dining hall should accommodate at a time at least 30 percent of the workers working at a time; provided in any particular factory or particular class of factories, the Chief Inspector of factories may by an order of writing in this behalf alter the percentage of the workmen to be accommodated.  The floor area of the dining hall, excluding the area occupied by the service counter and any furniture except tables and chairs, shall not be less than 10sq. ft. per diner to be accommodated in the dining hall as prescribed in the sub rule 1  A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.  Sufficient tables, chairs or benches shall be available for number of diners to be accommodated as per sub rule 1; provided that where the Chief Inspector is satisfied that satisfactory alternate arrangements are made, he may exempt any particular factory or class of factories from the provisions of this sub-rule.  Soaps and towels should be provided at the washing places in the canteen for the use of the workers. 93 EQUIPMENT  There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.  The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. A service counter if provided should have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for cleaning of utensils ans equipments.  Food and food materials should be stored in fly-proof safes and handled with the help of wooden ladles or suitable metal forceps whichever is convenient. Vessels once used should be scalded before being used again. 94 PRICES TO BE CHARGED  Food, drinks and other items served in the canteen shall be served on a nonprofit basis and the prices charged shall be subject to the approval of the canteen managing committee. In the event of the company not approving the price list should be sent to the chief inspector for approval.; Provided that where the canteen is managed by Cooperative society registered as such, such society may be allowed to include in the


charges to be made for foodstuffs served, as profit up to 5 percent on its working capital employed in running the canteen.  In computing the prices referred in sub rule (1), the following terms of expenditure shall not be taken into consideration, but will be borne by the occupier. y The rent for the land and the building, the depreciation and maintenance charges of the building and equipment provided for the canteen, the cost of purchase, repairs and replacement of equipment, including furniture, crockery, cutlery and utensils, the water charges and expenses for providing lighting and ventilation, the cost of fuel required for cooking or heating foodstuffs or water; and the wages of the employees serving the canteen and the cost of uniforms, if any, provided to them.  The charge per portion of the foodstuff, beverages or any other item served in the canteen shall be conspicuously displayed in the canteen.

94A SUPPLY OF BALANCED DIET IN THE CANTEEN  The management shall ensure that the foodstuffs provided in the canteen are based on a balanced diet taking into account the requirements of nutrition of an average worker.  The foodstuffs to be served in the canteen should be approved by the canteen managing committee in accordance with the requirements of a balanced diet.  Where there is no Canteen Managing Committee the foodstuffs should be approved by the Director of Factories and Boilers.  Where a Canteen Managing Committee is not able to agree on a balanced diet, the matter should be referred to the Director of Factories and Boilers and his decision will be thereon final. 95 ACCOUNT  All books of accounts, registers and any other documents used in connection with the running of the canteen shall be produced on demand to an Inspector of factories.  The accounts pertaining to the canteen shall be audited once in every 12 months by registered accounts and auditors. The balance sheet prepared by the said auditors shall be submitted to the canteen Managing Committee not later than 2 months after the closing of the audited accounts: o Provided that the accounts pertaining to the canteen in a Government factory having its own Accounts Department may be audited in such department: o Provided further that where the canteen is managed by a Co-operative Society, the accounts pertaining to such may be audited in accordance with the provisions of the Co-operative Societies Act for the time being in force. 96 MANAGING COMMITTEE  The manager shall appoint a Canteen Managing committee which shall be consulted from time to time as to:The quality and quantity of foodstuffs to be served in the canteen; the arrangements of the menu; Time of meals in the canteen; and any other matter as may be directed by the committee:

Provided that where the canteen is managed by a Co-operative Society registered as such; it shall not be necessary to appoint a Canteen Managing Committee.  The Canteen Managing Committee shall consist of an equal number of persons nominated by the occupier and elected by the workers. The number of elected workers shall be in proportion of 1 for every 1000 workers employed in the factory, provided that in no case shall there be more than 5 or less than 2 workers on the Committee and in cases where the workers refuse to elect their representatives the occupier shall himself nominate the worker representatives.  The occupier shall appoint from among the persons nominated by him, a Chairman of the Canteen Managing Committee.  The Manager shall determine and supervise procedures for elections to the Canteen Managing Committee  A Canteen Managing Committee shall be dissolved be the Manager, two years from the last election, no accounts being taken of a bye-election or its constitution, as the case may be.  Where the workers of a factory in which a canteen has been provided by the occupier in accordance with rules 91 to 93 for the use of the workers, desire to run the canteen by themselves on a co-operative basis with share capital contributed by themselves, the management may permit them to run the canteen in accordance with the byelaws of the co-operative canteen, subjected to such conditions the Chief Inspector may, in consultation with the Registrar of C-operative Societies, impose. 96A MEDICAL INSPECTION OF CANTEEN STAFF Annual medical examinations for fitness of each member of the canteen staff who handles food stuffs shall be carried out by the factory medical officer or the certifying surgeon which should include the following:  Routine blood examination  Routine and bacteriological testing of faeces and urine for germs of dysentery and typhoid fever.  Any other examination including chest X-ray that may be considered necessary by the factory medical officer or the certifying surgeons. a. Any person who in opinion of the factory medical officer or the certifying surgeon is unsuitable for employment on account of possible risk to the health of others shall not be employed as canteen staff. b. Workers who have any skin sores shall not be allowed to work. 97 RELAXATION OF RULES IN CASE OF CENTRALISED COOKING The provisions of rules 91 to 96 may be relaxed by the Chief Inspector, subject to such conditions as may deem fit, in the case of factories belonging to the same business groups or amalgamation where centralized cooking in an approved industrial canteen is arranged for. Adequate arrangements to the satisfaction of the Chief Inspector shall, however, be made in such cases for the conveyance and the proper distribution of the food so cooked to the workers concerned as if separate canteen had actually been provided at the site, and in the factories covered by this relaxation