Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 127) sur le poids maximum, 1967 - Inde (Ratification: 2010)

Autre commentaire sur C127

Demande directe

2015
2012

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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.