Rule 2. Definition

(1) In these rules, unless the context otherwise requires, -(a) “Artificial humidification” means the introduction of moisture into the air of a room by any artificial means whatsoever, except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process:

Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 26.5 degrees centigrade or more, shall not be deemed to be artificial humidification;

(b) “Belt” includes any driving strap or rope;

(c) “Board” means the Board constituted under section 17 of the Code;

(d) “Calendar year” means the period of twelve months beginning with the first day of January in any year;

(e) “Casual leave” means leave to cover casual absence of the employees from duty for personal reasons;

(f) ‘Code’ means “The Occupational Safety, Health and Working Conditions Code, 2020”

(g) “Degrees” (of temperature) means degrees on the centigrade scale;

(h) “Electronically” means any information or communication submitted by email or uploading on the designated portal or digital payment in any mode for the purpose of Code;

(i) “Fume” includes gas or vapour;

(j) "Form" means a form annexed to these rules;

(k) “Health Officer” means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the State Government in that behalf;

(l) “Hygrometer” means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards construction and maintenance;

(m) “Qualified Medical Practitioner” means a person holding a qualification granted by an authority specified in the schedule to the Indian Medical Degree Act 1916 (7 Of 1916) or in the schedule to Indian Medical Council Act 1956 (102 Of 1956)

(n) 'Registering Officer' means the registering officer appointed by the State Government for purpose of these rules.

(o) “Schedule” means schedule appended to these rules.

(p) 'Section' means the Section of the Code.

(q) "Shop" means any premises where goods are sold, either by retail or wholesale, or where services are rendered to customers, and includes an office, a storeroom, a godown, a warehouse, a workhouse, or a workplace where distribution or packaging or repackaging of finished goods is carried on; but it does not include a shop attached to a factory where persons employed in such shop are allowed the benefits provided under CHAPTER XI, PART VII of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020). For the purpose of this code, a shop is also considered an establishment wherever required.

(r) “Standard Safe Operating Procedures”- means the practice followed for the safety and health of workers and safe operation of machinery, process and equipment used in such practices and such practices conform to all or any of the following, namely: -(i) relevant standards approved by Bureau of Indian Standards or International Standards;

(ii) national building code;

(iii) manufacturers instruction on safe use of equipment and machinery;

(iv) Code of practice on safety and health practices published by International Labour Organization and amended from time to time.

(2) The words and expressions used in these rules which are not defined herein, but are defined in the Code or rules made thereunder, shall have their respective meaning as assigned to them in the Code or Rules.

(3) "Procedure for the Grant of a Certificate of Competency under Clause (l) of Sub-section (1) of Section 2":

(1) The Chief Inspector cum facilitator may recognize any person as a ‘competent person’ within such area and for such period as may be specified for the purposes of carrying out tests, examinations, inspections and certification for such buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Code and the Rules made there under, located in a factory, if such a person possesses the qualifications, experience and other requirements as set out in the SCHEDULE- I annexed to this Rule.

Provided that The Chief Inspector cum facilitator may relax the requirements of qualifications in respect of a ‘competent person’, if such a person is exceptionally experienced and knowledgeable, but not the requirements in respect of the facilities at his command.

Provided further that the ‘competent person’ recognised under this provision shall not be above the age of 62 and shall be physically fit for the purpose of carrying out the tests, examination and inspection.

(2) The Chief Inspector cum facilitator may recognise an institution of repute, having persons possessing qualifications and experience as set out in the schedule I annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Code and the Rules made there under, as a ‘competent person’ within such area and for such period as may be specified. The Chief Inspector cum facilitator may recognise an institution of repute, having persons possessing qualifications and experience as set out in the schedule I annexed to sub-rule (1) for the purpose of carrying out tests, examinations, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Code and the Rules made there under, as a ‘competent person’ within such area and for such period as may be specified.

(3) The Chief Inspector cum facilitator on receipt of an application in the prescribed form from a person or an institution intending to be recognise as a ‘competent person’ for the purposes of this Act and the Rules made there under, shall register such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant recognise the applicant as a ‘competent person’ and issue a certificate of competency in the prescribed form or reject the application specifying the reasons therefore.

(4) The Chief Inspector cum facilitator, if he has reason to believe that ‘competent person’: -a. has violated any condition stipulated in the certificate of competency; b. has carried out a test, examination and inspection or has acted in manner inconsistent with the intent or the purpose of this Code or the Rules made there under, or has omitted to act as required under the Code or Rules made there under; c. for any other reasons to the recorded in writing; may revoke the certificate of competency after giving an opportunity to the ‘competent person’ for being heard.

Explanation: - For the purpose of this Rule, an institution includes an organization.

(5) The Chief Inspector cum facilitator may, for reasons to be recorded in writing, require recertification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may be, which has been certified by a competent person outside the State.

(6) Income from the sources under Explanation to clause (x) of sub-section (1) of section 2.—If any dependent for the time being having income more than Rs.9000/- per month, such dependents shall not be included as dependents for the purpose of Sub-clause (ii) and (iii) of clause (x) of sub-section (1) of section 2 of the Code .

(7) Substance or quantity of substance under clause (zb) of sub-section (1) of section 2.—For the purpose of clause (zb) of sub-section (1) of section 2 of the Code, the hazardous substance and its quantity is specified in Schedule- II.