Factoreis Act, 1948

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LABOUR LAW - I

Chapter - I : The Factories Act, 1948 Chapter - II : The Bombay Shops &

Establishment Act, 1948

Chapter - III : The Contract Labour( Regulation & Abolition ) Act,

1970

Chapter - IV : The Minimum Wages Act,1948

Chapter - V : Payment of Wages, 1936

Chapter - VI : Payment of Bonus Act,

1965


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The Factories Act, 1948

Approval, Licensing and Registration Inspecting Staff

Health

Safety Welfare

Working Hours for Workers

Annual Leave with wages Periodical Returns

Registers and Records.


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1. Evolution of Factories Act: It enforced in India

from 1st day of April, 1949 except J & K.

2. What is a factory? A premises whereon 10 ormore persons are engaged if power is used, or

20 or more persons are engaged if power is notused, in a manufacturing process.

3. Objective of the Act The Act has been enactedprimarily with the object of protecting workersemployed in factories against industrial and

occupational hazards. For that purpose, it seeksto impose upon the owner or the occupier certainobligations to protect the workers and to securefor them employment in conditions conductive totheir health and safety.

The Factories Act, 1948


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Applicability of this Act:-

At any place wherein manufacturing

process is carried on with or without the aid

of power or is so ordinarily carried on, not

with standing that: The number of personsemployed therein is less than ten, if working

with the aid of power and less than twenty if

working without the aid of power, or The

persons working therein are not employedby the owner thereof but are working with

the permission of, or under agreement with,

such owner.


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Some Definition under Factories

Act 1948 ( Section 2)

Adult means a person who hascompleted his eighteenth year of age.

Adolescent means a person who

has completed his fifteenth year of agebut has not completed his eighteenth

year

Child means a person who has notcompleted his fifteenth year of age

Young person means a person who

is either a child or an adolescent.


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Some Definition under Factories

Act 1948 ( Section 2)

Day means a period of twenty-four hoursbeginning at midnight.

Week means a period of seven daysbeginning at midnight on Saturday night.

Calendar year means the period of twelvemonths beginning with the first day of Januaryin any year.

Power means electrical energy, or any other

form of energy which is mechanicallytransmitted and is not generated by human oranimal agency.

Prime mover means any engine, motor orother appliance which generates or otherwise

provides power. E.g. Disel Generator.


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Occupier & His Role

Who is the occupier?

The person who has ultimatecontrol over the affairs of factory. It

includes a partner in case of firm anddirector in case of a company.

In case of Government company,

'occupier' need not be a director. In thatcase, person appointed to manageaffairs of the factory shall be occupier.[section 2(n)].


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Who is a worker?

A person employed, directly or by orthrough any agency with or without

knowledge of the principal employer.

Whether for remuneration or not, in amanufacturing process.[section 2(l)].

cleaning or any work incidental to

manufacturing process


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Manufacturing Process [section

2(k)]. What is a manufacturing process?

Manufacturing process means any process for-

(i) making, altering, repairing, ornamenting,finishing, packing, oiling, washing, cleaning,breaking up, demolishing, or otherwise treating or

adapting any article or substance with a view to itsuse, sale, transport, delivery or disposal; or

(ii) pumping oil, water, sewage or any othersubstance; or

iii) generating, transforming or transmitting power;or

(iv) printing, other similar process or book binding

(v) constructing, reconstructing, repairing, refitting,finishing or breaking up ships or vessels;

(vi) preserving or storing any article in coldstorage.


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Industries comes under

manufacturing Process:

Making of Bidi

Tobacco

Salt Work

Preparation of Soaps

Printing Industry

Food Industry

Construction of Railway

Electricity generation industry etc.


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Notice by Occupier[sec.7]

The occupier shall, at least 15 days before he begins tooccupy or use any premises as a factory, send a noticeto the Chief Inspector containing-

(a) The name and situation of the factory;

(b) The name and address of the occupier;

(c) The name and address of the owner of the premises

(d) The address to which communications relating to thefactory may be sent;

(e) The nature of the manufacturing process;

(f)The total rated horse power installed or to be installedin the factory;(g) The name of the manager of the factory for thepurposes of this Act;

(h) The number of workers likely to be employed in thefactory;

(i) Such other particulars as may be prescribed.


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The Inspecting Staff [Sec.8]

State government may appoint ChiefInspector, Additional Chief Inspectors,Joint Chief Inspectors, Deputy Chief

Inspectors, and Inspectors, prescribetheir duties and qualifications.

Every District Magistrate shall be anInspector for his district.

Every inspector is deemed to be apublic servant within the meaning ofthe Indian Penal Code.


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Certifying Surgeon[Sec.10]

State Government may appoint qualifiedmedical practitioners to be certifying surgeons.

Duties of Surgeons:

(a) Issue certification to young persons.

(b) The examination of persons engaged infactories in such dangerous occupations orprocesses

(c) Medical Supervising the factories where (i)

cases ofillness have occurred which are

dueto the nature of the manufacturing process or(ii) due to manufacturing process there is alikelihood of injury to the health of workers or(iii) young persons are employed in any work

which is likely to cause injury to their health.


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Health Provisions[Sec.11-20] Chapter III

Ventilation & Temperature [sec.13]

Proper level of ventilation, temperature

and humidity must be maintained.

Dust and fume[sec.14] Effective

measures should be taken to prevent

dust & fume. If any exhaust appliance

is necessary for, it shall be applied asnear as possible to the point of origin of

the dust, fume or other impurity


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SAFETY [Sec. 21- 41] CHAPTER IV

Fencing of Machinery[Sec.21] Everydangerous parts must be securely fenced. TheState Government may by rules prescribesuch further precautions.

Machines in motions[Sec.22] Examination ofmachinery in motion only by a specially trainedadult male worker wearing tight fitting clothing.No women or child should be allowed to

work. Employment of young persons on dangerous

machines[Sec.23] No young person should beallowed to work on dangerous machines

(unless he has been trained, and is under=


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Cotton openers[Sec.27] No women and childrenare allowed to work on cotton openers.

Hoists and lifts[Sec.28] Every hoist and lift shouldbe in good condition, and properly checked. Themaximum load it can carry must be clearlymentioned. The gates should be locked byinterlocking / safe method (it should not open inbetween). To be properly examined in every 6months.

Lifting machines, chains, ropes & liftingtackles[Sec.29] Cranes & lifting machines, etc. tobe of good construction & to be examined once inevery 12 month. Cranes and lifting machines notto be loaded beyond safe working load. Cranesnot to be approach within 6 meters' of a placewhere any person is employed or working.


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Excessive weights[Sec.34] No personshould be employed to hold more weightthan the person can hold.

Protection of eyes[Sec.35] Provide goggles if

workers have to work on somethingstretching to the eyes.

Dangerous fumes etc[Sec.36] Prohibited toemploy workers in places where dangerous

gas / fume is present. Practicable measuresshould be taken for removal of gas, fume,etc.

Portable electric light[Sec.36A] It should not

be above 24 volts.


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Power to make rules to supplement theabove provisions[Sec.41] The State

Government may make rules requiring the

provision in any factory of such further

devices & measures for securing the safetyof persons employed therein as it may deem

necessary.


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Welfare Provision[Sec.42-50] Chapter V

Washing facilities[Sec.42] There should bewashing facilities in every factory for theworkersseparate for male and female workers-properly screened. conveniently accessible andshall be kept clean.

Facility for storing and drying of clothing[Sec.43]There should be facility so that worker can placetheir cloth not worn during the manufacturingprocess. There should be facility so that worker

can dry their wet cloth. Facilities for sitting[Sec.44] Suitable

arrangements for sitting shall be provided andmaintained for all workers obliged to work in a

standing position If the worker can do the workby sitting, - there should be sitting arrangement


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First-aid appliances[Sec.45] There should beat least 1 first aid box for every 150 workers.

It should have the prescribed contents. A

responsible person should hold a certificate

on first aid treatment. An ambulance roomshould be there if the number of workers is

more than 500.

Canteen[sec.46] If the number of workers is

more than 250, the govt. may make rules for

canteen. The govt. may make rules

regarding foodstuff, construction, furniture,

equipment of the canteen.


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Shelter, rest room, lunch room[Sec.47]When 150 workers are working, there should

be rest rooms, lunch room, etc. Such places

should be having drinking water facilities etc.

Creches[Sec.48] If the number of womenworkers is more than 30, there should be the

creches. It should be sufficiently lighted,

ventilated & to be under the charge of

trained women.


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Working hours of Adults Chapter VI

Working Hours Sec.51- Weekly hours not morethan 48 hours a week

Sec.52-First day of the week i.e. Sunday shallbe a weekly holiday

Sec.53-Compensatory holidays Where a weeklyholiday is denied he shall be allowed to avail thecompensatory holiday within a month.

Working Hours Sec.54- Dailyworking hours- noadult worker shall be allowed to work in a

factory for more than nine hours in any day Sec.55-Intervals for rest-no worker shall work

for more than 5 hours before he has had aninterval for rest of at least 1/2 an hour. Inspector

may increase it upto six hours.


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Working hours of Adults Chapter VI

Extra Wages for Overtime[Sec.59] If workerswork for more than 9 hours a day or more than

48 hour a week, extra wages should be given.

Wages at twice the ordinary Rate.

Restriction on Double Employment[Sec.60] Noworker is allowed to work in any factory on any

day on which he has already been working in

any other factory.

Notice of periods of work for AdultWorkers[Sec.61] Notice to be displayed at some

Conspicuous place. Periods to be fixed

beforehand Classification of workers-Groups.

Copy of Notice in Duplicate & any change to be


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Employment of young persons:

Prohibition of employment of youngChildren[Sec.67] :

- No child who has not completed his 14thyear allowed to work in Factory.

Non-Adult workers to Carry Tokens[Sec.68] :

- A child who has completed his 14th yearmay be allowed to work in factory if:-

a) a certificate of fitness for such workis in custody of manager of factory.

b) Such child or adolescent carries , atoken giving a reference to such Certificate.


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Working Hours for Youngpersons[Sec.71,72] :

- Working Hours limited to 4-1/2,

- Not during Nights.

- Period of work limited to 2 shifts.

- Entitled to weekly Holidays.

- Female to work only between 6am to 7 pm.


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Register of Young persons :- The manager should maintain Register ofAdult workers showing-

-Name

-Nature of work-The Group etc.

- The Register shall be available to theInspector at all time during working hours.

Power to require MedicalExamination[Sec.73] :

- Inspector has the power to direct managerto have medical examination of youngpersons.


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Annual Leave with Wages[Sec.78-

84(Chapter- VIII)]

Treatment and Fraction of Leave:-- Half day or more is treated as full while less

than half is omitted.

- Treatment of Un-availed leave: Should be

carried forward to next calendar year but

shall not exceed 30 in case of an adult & 40

in case of child.

- Application for leave to be made in writingwithin specified time ( 15 Days Before)


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Annual Leave with Wages[Sec.78-

80(Chapter- VIII)]

Wages during leave period[sec.80] :- Basic + DA + other allowances except

bonus.


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Penalties under the Act[Sec.92-106] :

General Penalty for Offences [Sec.92] :If there is any contravention of any of the

provisions of the act, the Occupier &

Manager each shall be punishable with

Imprisonment for a term upto 2 years. with afine upto Rs.100000 or with Both.

- [Sec.93] further extends, if the

contravention under section 92 continued

after conviction ,they(Manager& Occupier)

shall be punishable with further fine which

may extend to Rs. 1000 for each day on

which contravention is so continued.


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Penalty for obstruct Inspector[Sec.95] :

- If Occupier/ Manager intentionally obstruct

or fails to produce any register or documents

- Penalty Imprisonment 6 Months

Fine Rs. 10,000 or both

Penalty for wrongfully disclosure of

Information[Sec.96] :- Penalty Imprisonment 6 Months

Fine Rs. 10,000 or both


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Offences by workers & Penalties thereof( Section 97) :

- workers punishable with Rs. 500

Penalty for using false certificate of Fitness

[Sec.98] :


Fine Rs. 1000 or both


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Offences by workers & Penalties thereof( Section 97) :

- workers punishable with Rs. 500

Penalty for using false certificate of Fitness

[Sec.98] :


Fine Rs. 1000 or both


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Penalties for permitting double

employment of Child [sec. 99] :

Penalties: Fine Rs. 1000


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Compliances/return under the Act:

Factory Registration with effect from dated----

Reduction in employment below the

statutory limit.

Returns pertaining particulars relatingpersons employed in factory.

----- no. of workers with the aid of power.

Factory Site permission from concernedauthorities.

Notice - using a premises as a factory with

effect from -----

An chan e in Occu ier/Mana er


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Hazardous Process & its Statutory


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framework

Def. of Hazardous process: It means anyprocess or activity in relation to an industry

specified in the First Schedule where, unless

special care is taken, raw materials used

therein or the intermediate or finishedproduct, bye products, waste would be

- cause affect on the health of the persons

engaged in or connected therewith, or

- result in pollution of the general

environment.



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framework

Site Appraisal Committee:

1)Chief Inspector ( State Govt.) Chairman2) Representative Central board for Prevention & Control

of Water pollution

3) Representative Central board for Prevention & Controlof Air pollution

4) Representative State board for Prevention & Control ofWater pollution

5) Representative State board for Prevention & Control ofAir pollution

6) Representative Dept. of Environment State

7) Representative Dept. of Meteorological Centre8) Expert Field of Health

9) Representative Town Planning Dept State

Not more than 5 other members Scientist HazardousProcess, Local Representative.

Factoreis Act, 1948

Documents

Transcript of Factoreis Act, 1948