Benzene Convention, 1971 (No. 136) - India (Ratification: 1991)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Scope of application. Further to its previous comment on the effect given to Article 1 of the Convention, the Committee notes from the Government’s report the updated information on the notifications by states and union territories under section 85 of the Factories Act, 1948, required in order to make the Act applicable to factories handling benzene. The Committee notes with interest that notifications appear to have now been issued by most of the states and union territories which have manufacturing units of benzene. The Committee requests the Government to continue to provide information on the states and union territories which have issued such a notification under section 85 of the Factories Act, 1948.

Article 10. Provision of free medical examinations. The Committee notes the Government’s indication that in the state of Rajasthan, the costs of medical examinations borne by the occupier are not transferred to the workers. Concerning the information requested by the Committee on measures taken in the state of Uttar Pradesh ensuring that workers in factories of less than five employees are provided with free medical examinations, the Government indicates that information is currently being sought from the Chief Inspector of Factories. The Committee requests the Government to continue to provide information on measures taken in the state of Uttar Pradesh to ensure that all workers employed in factories using benzene are provided with free medical examinations, irrespective of the number of employees in the factory.

Application in practice. The Committee takes note of the detailed statistical information provided by the Government concerning the number of registered factories by state or union territory and the number of workers employed in these factories, broken down by gender, for 2012. It also notes that in 2013, factory inspectors conducted 127,555 inspection visits, of which 14,072 concerned hazardous factories. It further takes note of the statistics concerning legal proceedings initiated and the penalties applied for the year 2012. The Committee encourages the Government to provide more specific information in relation to the application of the Convention in practice, including statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, the number and nature of cases of occupational disease and the number of cases of poisoning reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the responses provided in the Government’s report and the attached details of the factories notified under section 85 of the Factories Act 1948 and the Schedule on benzene, across a number of states and union territories, which continues to give effect to Article 1 of the Convention. The Committee asks the Government to keep it informed of developments in this regard with particular reference to the listed states and union territories not yet notified under section 85 of the Factories Act 1948 and the Schedule on benzene, and to those states and union territories not listed.

Article 10(2) of the Convention. Provision of free medical examinations. The Committee notes the response provided by the Government indicating the states and union territories that provide free medical examinations. The Committee further notes the information that in the State of Rajasthan, a fee of 10 rupees per examination of each worker is charged from the occupier, and that in the State of Uttar Pradesh, measures only apply to factories which employ five or more workers. The Committee asks the Government to provide further information on whether the costs indicated with regard to the State of Rajasthan are transferred to the workers concerned, and whether measures exist in the State of Uttar Pradesh in factories employing less than five workers.

Part IV of the report form. Application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to attach extracts from inspection reports and, where such statistics exist, information on 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee takes note of the Government’s report including an extract of Schedule XX to Rule 114 of the Maharashtra Factories Rules, 1963.

2. Article 1 of the Convention. Notification of applicability. With reference to its previous direct request, the Committee notes that the Government has indicated that efforts are being taken to ensure that state governments issue the notifications required under section 85, subsection 1 of the Factories Act, 1948, to make the Act applicable to all premises where workers may be exposed to benzene or substances containing benzene. The Committee notes with interest the information that such notifications have been issued in the states of Chattisgarh, Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Punjab, Tamil Nadu, Uttaranchal, Uttar Pradesh and West Bengal. The Committee notes however that no such notification has yet been issued in the State of Goa, and that the Government has furnished state-wise details in this regard only in respect of 20 states in the country. The Committee requests the Government to clarify whether such notifications have been issued by the governments of states other than those referred to in the Government’s report where there are units manufacturing, handling or using benzene or substances containing benzene and to also clarify whether there are any such units in the State of Goa.

3. Article 10, paragraph 2. Provision of free medical examinations. With further reference to its previous direct request, the Committee notes with interest the information provided that the government of Maharashtra as well as the state governments of Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, Uttaranchal and West Bengal have adopted the schedule on benzene providing for medical examinations at the expense of the employer which substitutes the rules or orders required under section 87(c) of the Factories Act, 1948. The Committee further notes the confirmation that section 114 of the Factories Act, 1948, requires the provision free of charge of any arrangement or facility required to be provided by the employer under the provisions of the Act. Noting that only some states in India appear to have adopted the schedule on benzene providing for medical examinations at the expense of the employer and that the State of Chattisgarh has not adopted the schedule, the Committee requests the Government to indicate measures taken to ensure that the required schedule is adopted in the State of Chattisgarh and that workers at a nationwide level employed in work processes involving exposure to benzene or products containing benzene are entitled to pre-employment and periodic medical examinations, at the expense of the employer.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its latest report under the Convention. With reference to its previous comment, the Committee would draw the Government's attention to the following points.

1. Article 1 of the Convention. The Committee notes that, according to the Government's report, at present three more states have initiated action concerning the adoption of the "Model Schedule XXI on Benzene" of the Model Rules under the Factories Act, 1948, and that the remaining states which have not adopted the Model Schedule do not have factories using or manufacturing benzene. The Committee would note that some of the provisions of the Convention are applied by the Factories Act of 1948 and its Second Schedule, whose scope is, however, limited by the definition of factory under section 2(m) which does not include establishments that do not employ more than ten or, without the aid of power, 20 workers, and establishments which are not engaged in manufacturing processes; and that, within the same limited scope of application, further provisions of the Convention are applied by the Model Schedule XXI on Benzene of the Model Rules under the Factories Act of 1948, whose scope is further limited to states and union territories having adopted this Model Schedule.

The Committee recalls that the Convention applies to all activities involving exposure of workers to benzene or products containing benzene, and should include in the scope of its application premises or establishments which may not be considered as a "factory" under the Factories Act of 1948. It accordingly requests the Government to indicate, in its next report, the measures that have been taken or proposed to give effect to the provisions of the Convention in all activities involving exposure of workers to benzene or products containing benzene, regardless of the size of the establishment or the nature of the activity.

2. Article 10, paragraph 2. Pursuant to section 114 of the Factories Act, no fee or charge shall be realized from any worker in respect of any arrangements or facilities to be provided for equipments or appliances to be supplied by the occupier under the provisions of the Factories Act. The Committee recalls that Article 10, paragraph 2, of the Convention calls for medical examinations of workers who are employed in work processes involving exposure to benzene, or to products containing benzene, which shall not involve the workers in any expense. The Committee would therefore request the Government to indicate the measures that would ensure that pre-employment and annual medical examination of workers will not involve the workers in any expense.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information supplied by the Government in its latest report under this Convention. It requests the Government to supply additional information on the following points.

1. Article 1 of the Convention. The Committee notes with interest the information supplied by the Government that the provisions of the Convention are applied by the "Model Schedule XXI on Benzene" of the Model Rules under the Factories Act of 1948. It further notes that the Model Schedule applies to factories or parts thereof in which benzene or substances containing benzene are manufactured; and that the Model Schedule was circulated to all states/union territory governments for adoption in their respective state rules. It notes that 19 states/union territory governments, including major industrial states, have already adopted the Model Schedule, while action has been initiated by four more states. The remaining states, according to the Government's report, do not have factories using or manufacturing benzene.

The Committee would note that some of the provisions of the Convention are applied by the Factories Act of 1948 and its Second Schedule, whose scope is however limited by the definition of factory under section 2(m) which does not include establishments that do not employ more than ten or, without the aid of power, 20 workers, and establishments which are not engaged in manufacturing processes; and that within the same limited scope of application, further provisions of the Convention are applied by the Model Schedule XXI on Benzene of the Model Rules under the Factories Act of 1948, whose scope is further limited to states and union territories having adopted this Model Schedule.

The Committee recalls that the Convention applies to all activities involving exposure of workers to benzene or products containing benzene, and should include in the scope of its application premises or establishments which may not be considered as a "factory" under the Factories Act of 1948. It accordingly requests the Government to indicate, in its next report, the measures that have been taken or proposed to give effect to the provisions of the Convention in all activities involving exposure of workers to benzene or products containing benzene, regardless of the size of the establishment or the nature of the activity undertaken. The Government is likewise requested to continue supplying information on the extent of adoption of the Model Schedule XXI by the various states and union territory governments in India.

2. Article 10, paragraph 2. The Committee notes that no provision exists in the Model Schedule which would specifically provide that medical examinations shall not involve the workers any expense. The Committee would, therefore, request the Government to indicate the measures and the relevant legal provisions, if any, that would ensure that pre-employment and annual medical examination of workers will not involve the workers any expense.

3. Article 14. The Committee notes from the Government's report that the respective state/union territory governments are responsible for the enforcement of the Factories Act and the rules framed thereunder, including the Model Schedule XXI. It would request the Government to provide further details on measures to ensure that inspectors inspecting factories covered by the Model Schedule are competently trained or qualified to ensure that appropriate inspection services are provided for the purpose of supervising the application of the Convention, particularly in respect of Article 6, paragraphs 2 and 3 of the Convention.

Finally, the Committee would request the Government to supply in its next report information concerning the practical application of the Convention in the country. The attention of the Government is referred in particular to points III and IV of the report form for this Convention.