Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

Convenio sobre el benceno, 1971 (núm. 136) - India (Ratificación : 1991)

1. Article 1 of the Convention. The Committee notes the provision of section 85, subsection 1, of the Factories Act, 1948, according to which the state government may, by notification in the Official Gazette, declare all or some provisions of this Act applicable to premises which, pursuant to section 2(m), do not fall under its scope of application. In this respect, the Committee notes the Government's indication to the effect that all state governments are being requested to issue the notification required under section 85, subsection 1, of the Factories Act, 1948, in order to make this Act applicable to all units manufacturing, handling or using benzene or substances containing benzene, irrespective of the number of persons employed. The Committee accordingly would request the Government to explain the manner in which state governments are being requested to declare the Factories Act, 1948, applicable to all premises, and to indicate whether some state governments have already issued this declaration.

2. Article 10, paragraph 2. The Committee notes section 87(c) of the Factories Act, 1948, concerning dangerous operations. Pursuant to this provision, the state government may order or make rules applicable to any factory providing for periodical medical examinations for persons employed or seeking to be employed. These medical examinations have to be paid by the occupier of the factory who is, pursuant to section 2(n) of this Act, the person who has the ultimate control over the affairs of the factory. To the understanding of the Committee, the Maharashtra State and some other state governments have notified the Schedule on Benzene providing for medical examinations at the expense of the occupier which apparently substitute the rules or orders required under section 87(c) of the Factories Act, 1948. The Committee would ask the Government to indicate the state governments which also have issued this notification in order to guarantee that medical examinations do not involve the workers in any expense, in accordance with Article 10, paragraph 2, of the Convention. It further requests the Government to transmit a copy of the Schedule on Benzene notified by the Maharashtra State. In addition, the Committee requests the Government to explain whether section 114 of the Factories Act, 1948, also refers to medical examinations.