Maximum Weight Convention, 1967 (No. 127) - India (RATIFICATION: 2010)

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Article 2(2) of the Convention. Scope of application of the Convention. Small factories. The Committee previously noted that section 2(m)(i) and (ii) of the Factories Act, 1948 limits the application of the Act to manufacturing units with ten or more workers (with aid of power) or 20 or more workers (without aid of power). Section 85 of the Act allows a state government, by notification in the Official Gazette, to extend application of the provisions of the Act to certain premises not covered by section 2(m). The Committee notes the Government’s indication in its report that many state governments have notified manufacturing units as factories under the Factories Act. Recalling that the Convention applies to all branches of economic activity, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the protection contained in this Convention is applied to workers in manufacturing units with fewer than ten workers (with the aid of power) or 20 workers (without the aid of power).

Article 3. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee previously noted that section 34 of the Factories Act provides that no person shall be employed in any factory to lift, carry or move any load so heavy as to cause them injury. Section 34(2) of the Act provides that state governments may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women or young workers in any class or description of factories. In addition, the Model Rules under the Factories Act, issued as guidance for state governments, set out maximum weight limits for male and female adults, as well as young persons (Model Rule 64). The Committee requested information on whether any state governments had made rules prescribing the maximum permissible weight.

The Committee notes the Government’s statement, in its report, that the State Factories Rules notified by various state governments prescribe the maximum weight to be handled by workers while working in factories. The Committee requests the Government to specify which state governments have adopted State Factories Rules that prescribe the maximum weights which may be lifted, as permitted under section 34(2) of the Factories Act. It also requests the Government to submit an extract of the relevant Rules of each state.

Article 7. Young workers. The Committee notes that the guidance contained in Model Rule 64 prescribes maximum weights for young persons between the ages of 15 and 18 years (male and female), and for young persons aged 14 and 15 years. The Committee also notes that the Government is in the process of developing legislation to amend the Child Labour (Prohibition and Regulation) Act, 1986. In this regard, the Committee draws the Government’s attention to the guidance contained in Paragraphs 21 and 22 of the Maximum Weight Recommendation, 1967 (No. 128), which states that where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level, and that the minimum age for assignment to regular manual transport of loads should be raised, with a view to attaining a minimum age of 18 years. The Committee invites the Government to continue to provide information on any measures taken concerning the assignment of persons under 18 to the regular manual transport of loads.

Application in practice. The Committee notes that the Government does not provide the information previously requested on the application of the Convention in practice and only indicates that the Factories Act and the State Factories Rules under that Act are enforced by the respective state governments. The Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, including, for example, the number and nature of the contraventions reported and the number, nature and cause of accidents reported.

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Article 1 of the Convention. Definitions. The Committee notes that the Dock Workers’ (Safety, Health and Welfare) Act, 1986 and Regulations, 1990 do not include definitions of the terms listed in this Article of the Convention. The Committee asks the Government to indicate the measures taken to ensure that definitions of “manual transport of loads”, “regular transport of loads” and “young worker”’ are included for dock work.

Article 2(2). All branches of economic activity. The Committee notes section 2(m)(i) and (ii) of the Factories Act, 1948, which limits application of the Act to manufacturing units with ten or more workers (with aid of power) or 20 or more workers (without aid of power). The Committee further notes that section 85 allows a State Government, by notification in the Official Gazette, to extend application of the provisions of this Act to certain premises not covered by section 2(m). The Committee asks the Government to provide further information on the measures taken or envisaged to ensure that this Convention applies to manufacturing units of less than ten or 20 workers, depending on whether the process is carried out with or without the aid of power, and to indicate whether coverage of the Act has been extended by any State Government.

Article 3. Manual transport of a load likely to jeopardize the health and safety of the worker. The Committee notes the information provided by the Government, and in particular the maximum weight limits for male and female adults and young persons, set out in the schedule to sub-rule 2 of Model Rule 64. The Government also states that section 34 of the Factories Act allows State Governments to make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women or young workers in factories. In this regard, the Committee draws the Government’s attention to Paragraph 13 of the Maximum Weight Recommendation, 1967 (No. 128), which states that members determining maximum weight should take account of physiological characteristics, environmental conditions, the nature of the work to be done, and any other conditions which may influence the health and safety of the worker. The Committee asks the Government to indicate whether any State Governments have made rules prescribing the maximum weight of a load that needs to be considered by the employer, when evaluating the risk to the health and safety of workers when engaging in the manual transport of a load. The Committee also asks the Government to provide further information on the health and safety assessment undertaken prior to determining the prescribed weight limits in Rule 64.

Article 7. Young workers. The Committee notes with interest that the Union Cabinet approved in August proposals for amending the Child Labour (Prohibition and Regulation) Act, 1986, to ban employment of children aged up to 14 years in any form of industry, and to define children aged 14–18 years as “adolescents” and prohibit their employment in mines, explosives industries, chemical and paint industries and other hazardous establishments. In this regard, the Committee draws the Government’s attention to paragraphs 21 and 22 of the Maximum Weight Recommendation, 1967 (No. 128), which states that where the minimum age for assignment to manual transport of loads is less than 16 years, measures should be taken as speedily as possible to raise it to that level, and that the minimum age for assignment to regular manual transport of loads should be raised, with a view to attaining a minimum age of 18 years. The Committee asks the Government to continue to provide information on the legislative measures taken to give further effect to the provisions of the Convention, and in particular in regard to the manual transport of loads by young workers.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, for example, extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents reported.