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(i) the number of persons employed therein is less than ten, if working with the aid of power less than twenty if working without the aid of power or
(ii) the person working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner.
Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.
[Deptt. Of Labour & Employment Vide Noti.No. GU/94/53/FAC/1089/2787M(3), dt. 29-3-94, Pub. in Guj. Govt. Gaz. Ordy., Pt. IV-A, dt. 21-4-94, P. 59] = 1994 GSCS/
Part II/Head Note No. 209/Page Nos. 264-265.]

GUJARAT SAFETY OFFICERS, DUTY QUALIFICATIONS AND SERVICE CONDUCT RULES, 1983
LABOUR AND EMPLOYMENT DEPARTEMNT
FACTORIES ACT, 1948
No. KH-R-556/FAC-1077-36875-M-1.: Whereas certain draft rules were published as required by section 115 of the Factories Act, 1948 (LXIII of 1948); in Gujarat
Government Gazette Part I-L of June 18th 1981, under the government Notification No. KH-L-348-FAC-1077-36875-J-1, dated the 28th May, 1981 inviting objection and
suggestion within three months from all persons likely to be affected thereby.
And whereas no objection and suggesting have been received from any person.
Now therefore, in exercise of the powers conferred by section 112 read with sub-sections (1) and (2) of section 40-B of the Factories Act, (LXIII of 1948(, in its application
to the State of Gujarat, the Government of Gujarat hereby makes the following rules to provide for the duties, qualification and condition of service of Safety Officers,
namely :
1. (i) These Rules may be called the Gujarat Safety Officers Duties, Qualifications and Conditions of Service Rules, 1983.
2. (ii) They shall extend to the whole of the State of Gujarat.
3. (iii) They shall come into force on such date as the State Government may by notification in the official Gazette appoint in this behalf.
2. DEFINITIONS

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(a) Act means the Factories Act, 1948.

(b) Inspector: means any person appointed as such under the Act.
(c) Safety Officer means any person appointed in any factory under sub-section (1) of section 40-B of the Act and includes a Chief Safety Officer appointed under these
rules.
3. QUALIFICATIONS :
(i) A person shall not be eligible to be appointed as a Safety Officer unless he ;
(a) Possesses a recognized degree in any branch of Engineering or Technology and has practical Experience of working in any factory in a supervisory capacity for a period
of not less than 2 years ; or
Possesses a recognized diploma in any branch of Engineering or Technology or a recognized degree in Physics or Chemistry and has a practical experience of working in any
factories in a supervisory capacity for a period of not less than 5 years ; and
(b) Has adequate knowledge of Gujarati Language.
(ii) No person shall be continued as a Safety Officer in a factory for a period of more than two years after his first appointment as a Safety Officer; unless he obtains or has
obtained a degree or diploma in industrial safety recognized by the State Government in this behalf.
(iii) Notwithstanding anything contained in sub-rule (1) any person who possesses a recognized degree or diploma in any branch of Engineering or Technology or a degree in
Science and has experience of not less than 2 years in a department of the Central or State Government as an Inspector under the Act, or the India Dock Laborers Act, 1934;
may be appointed as a safety Officer ;
Provided that a person who has experience of 5 years as an Inspector may be continued as a Safety Officer, notwithstanding that he has not obtained the degree or diploma
referred to in sub-rule (ii).
(iv) The State government or the Chief Inspector of Factories subject to the control of the State Government may relax all or any of the provisions of sub-rule (1) in respect
of any person who as already been working as a Safety Officer for a period of not less than 3 years on the date on which these rules come into force and also in respect of nay
person who possesses the qualification referred to in sub-rule (i) of rule 3 and has experience of not less than 5 years full time on training education consultancy or research
in the field of accident prevention in an industry or in any institution.
(v) No person who is directly or indirectly interested in any factory or in any patent or machinery connected with it shall be appointed as a Safety Officer nor shall be
allowed to hold such officer after he becomes so interested in the factory.

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PAN: Verdana'> For the purpose of this sub-rule any person holding less than that two percent of the shares of a Company owing the factory shall not be deemed to be
directly or indirectly interested in such factory.
4. FILLING UP OF VACANCY :
(i) The occupier of a factory shall fill up the post of Safety Officer within 3 months from the publication of the notification which may be extended by The Chief Inspector of
Factories, if he deems it necessary, on an application made by the occupier of the factory, in this behalf.
(ii) Every vacancy in the post of a Safety Officer caused by death, dismissal, resignation or discharge of the person holding such post or by any other cause shall be forthwith
notified by the occupier to the Chief Inspector of Factories and shall be filled up within 3 (Three) months of the occurrence of the vacancy, which period may be extended by
the Chief Inspector of Factories, if he deems it necessary on an application made by the occupier of the factories in this behalf.
5. CONDITINO OF SERVICE :
(a) Where the number of Safety Officers to be appointed in a factory as required by a notification in the official Gazette exceeds one of them shall be designated as Chief
Safety Officer and shall have status higher than that on the others. The Chief Safety Officer shall be in overall control of the safety functions envisaged in rule and the other
safety officers shall work under him:
(b) The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed shall be given the status of a Senior
Executive and he shall work directly under the control of the Chief Executive of the factory. All other Safety Officers shall be given the appropriate status to enable them to
discharge their functions effectively.
6. DUTIES OF SAFETY OFFICERS:
The duties of a safety officer shall be to advise and assist the factory management in the fulfillment of its obligations, statutory, or otherwise concerning prevention of
personal injuries and maintaining a safe working environment. These duties shall include the following namely :
(i) to advise the concerned departments in planning and organizing measure necessary for the effective control of personal injuries ;
(ii) to advise on safety aspects in all job studies, and to carry out detailed job safety studies of selected jobs ;
(iii) to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries;
(iv) to advise the purchasing of stores departments in ensuring high quality and availability of personal protective equipment ;
(v) to advise on matters relating t carry out plant safety inspections ;
(vi) to carry out plant safety inspection in order to observe the physical conditions of work and the work practices and procedures followed by workers and to render advice
on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers ;
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(vii) to render advice on matters related to reporting and investigation of industrial accidents and diseases ;
(viii) to investigate selected accidents ;
(ix) to investigate the dangerous occurrences reportable under rule 103 pf Gujarat Factories Act, 1963 and in the case of industrial diseases contracted by any of the workers
employed in a factory reportable under rule 104 of Gujarat Factories Rule, 1963 ;
(x) to advise on the maintenance of such records, as are necessary relating to accidents, dangerous occurrences and industrial diseases ;
(xi) to promote setting up of safety committees and act as an adviser and catalyst to such committee ;
(xii) to organize an association with the concerned department, campaigns, competitions, contests and other activities which will develop and maintain in the interest of the
workers in establishment and maintaining safe conditions of work and procedure ;
(xiii) design and contract either independently or in collaboration with the training department suitable training and educational programme for the prevention of personal
injuries.
7. No Safety Officer shall be required or permitted to do any work which is inconsistent with or to the detrimental performance of the duties prescribed in rule 8.
By order and in the name of the Governor of Gujarat.
Gandhinagar
17th September, 1983 Under Secretary

NOTIFICATION
No.: KHR-529-FAC-1077-36785-M(1) : In exercise of powers conferred by sub-section (1) of section 40(B) of he Factories Act, 1946 (LXIII of 1948), in its application to
the State of Gujarat, the Government of Gujarat hereby specifies the number of safety officers mentioned in column 2 of the schedule appended hereto be appointed by the
occupier of every factory.
SCHEDULE
Sr. No.

Where the number of workers ordinarily employer between

Number of safety officer

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1.

1000 to 1500

One Safety Officer

2.

1501 to 3000

Two Safety Officer

3.

3001 to 4500

Three Safety Officer

4.

4501 and above

Four Safety Officer

By order and in the name of the Governor of Gujarat,

Sachivalaya, Gandhinagar,
Dated 19th December, 1985. Section Officers

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