Solicitud directa (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

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

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.