Labour laws 1

B.Heammanth Raaj

FACTORIES ACT, 1948

An Act to consolidate and amend the law regulating labour in factories.

2. INTERPRETATION:-

(ca) "competent person", in relation to any provision of this Act, means a person or an
institution recognized as such by the Chief Inspector for the purposes of carrying out tests,
examinations and inspections required to be done in a factory under the provisions of this Act
having regard to: -

(i) The qualifications and experience of the person and facilities available at his disposal; or

(ii) The qualifications and experience of the persons employed in such institution and facilities
available therein, with regard to the conduct of such test, examinations and inspections, and more
than one person or institution can be recognized as a competent person in relation to a factory;

(m) "Factory" means any premises including the precincts thereof –

(i) whereon 10 or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on with the
aid of power, or is ordinarily so carried on, or

(ii) whereon 20 or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on without the
aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation
of the Mines Act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union,
a railway running shed or a hotel, restaurant or eating place;

7A. GENERAL DUTIES OF THE OCCUPIER: -

 Ensuring the health, safety and welfare of all workers while they are at work in the
factory.

 Risk free and safe work place for Labors

 Ensuring safety and absence of risks to health in connection with the use, handling,
storage and transport of articles and substances;

 The provision of such information, instruction, training and supervision as are necessary
to ensure the health and safety, of all workers at work;

 The provision, maintenance or monitoring of such working environment in the factory for
the workers that is safe, without risks to health and adequate as regards facilities and
arrangements for their welfare at work.
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 Every occupier shall prepare, and, as often as may be appropriate, revise, a written
statement of his general policy with respect to the (Q.H.S.E) health and safety of the
workers at work.

9. POWERS OF INSPECTORS: -

 Can enter, with assistants / authority / expert as he thinks fit into a factory

 Make examination of the premises, plant, machinery, article or substance;

 inquire into any accident or dangerous occurrence, whether resulting in bodily injury,
disability

 Can ask for of any prescribed register or any other document relating to the factory;

 seize, or take copies of, any register, record or other document or any portion

 Take measurements and photographs and make such recordings as he considers necessary
for the purpose of any examination under clause (b), taking with him any necessary
instrument or equipment;

 Possession, Examination and dismantling an article or substance which appears to him as

having caused or is likely to cause danger to the health or safety of the workers.

CHAPTER- III (HEALTH) Sec: 11 - 20

11. CLEANLINESS:-

• Every factory shall be kept clean and free from effluvia.

• Accumulations of dirt and refuse shall be removed daily by sweeping or by any other
effective method

• The floor of every workroom shall be cleaned at least once in every week by washing,
using disinfectant.

• Effective means of drainage for wet floors shall be provided and maintained;
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12. DISPOSAL OF WASTES AND EFFLUENTS. Effective arrangements shall be made for
the treatment of wastes and effluents

13. VENTILATION AND TEMPERATURE. Adequate ventilation by the circulation of fresh

air and normal temperature in the work place, insulating the hot parts of machineries.

14. DUST AND FUME. Effective measures shall be taken to prevent Dust and Fume inhalation
and accumulation in any workroom, exhaust appliance as near as possible to the point of origin
of the dust, fume or other impurity.

15. ARTIFICIAL HUMIDIFICATION. If the humidity of the air is artificially increased,

prescribed methods to be adopted for securing adequate ventilation and cooling of the air in the
workrooms. The water used for the purpose shall be taken from a public supply, or other source
of drinking water, or shall be effectively purified before it is so used.

16. OVERCROWDING. No room in any factory shall be overcrowded. Space for each
employee should be at least14.2 cubic meters and 4.2 meters high

17. LIGHTING. Should be sufficient and suitable lighting, natural or artificial, or both. Glazed
windows and skylights used for the lighting should be kept clean, no glaring from light source,
lighting should avoid shadows.

18. DRINKING WATER. Should be sufficient in number, at least 6m away from toilet or
washing place. Cold water-250 or more workers.

19. LATRINES AND URINALS. Sufficient numbers of toilets, separate for male and female.
Lighted, ventilated, and cleaned at all times. Sweepers must be appointed. Where 250 or more
are employed toilets must be tiled up to 90cms from the ground level.
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20. SPITTOONS. Sufficient no. of spittoons @ convenient places for spitting. Fine for
contravention: - up to Rs.5/-

CHAPTER- V (SAFETY) Sec: 42 – 49

42. WASHING FACILITIES. Adequate and suitable facilities for washing for workers.
Separate for male and female.

43. FACILITIES FOR STORING AND DRYING CLOTHING. Suitable places for keeping
clothing not worn during working hours and for the drying of wet clothing.

44. FACILITIES FOR SITTING. Suitable arrangements for sitting shall be provided and
maintained for all workers who work in a standing position.

45. FIRST AID APPLIANCES. Sufficient number boxes must be maintained. Each first-aid
box or cupboard shall be kept in the charge of a separate responsible person who holds a
certificate in first-aid treatment recognized by State Government and who shall always be readily
available during the working hours of the factory.150or more workers. Ambulance room : 500 or
more workers.

46. CANTEENS.250 or more workers. A canteen or canteens shall be provided and maintained
by the occupier, the items of expenditure in the running of the canteen which are not to be taken
into account in fixing the cost of foodstuffs and which shall be borne by the employer;

47. SHELTERS, REST ROOMS AND LUNCH ROOMS. 150 or more workers .sufficiently
lighted and ventilated and shall be maintained in a cool and clean condition. adequate and
suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water,
where workers can eat meals brought by them, shall be provided and maintained for the use of
the workers.

48. CRECHES.30 or more workers. There shall be provided and maintained a suitable room or
rooms for the use of children under the age of six years of such women.

49. WELFARE OFFICERS. 500 or more workers.

Section Provision Number of employees

18 Cold Drinking water 250 or more
19 Latrines and Urinals 250 or more
40B Safety Officers 1000 or more
45(1) First aid 150 or more
45(4) Ambulance room 500 or more
46 Canteens 250 or more
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47 Shelters, Rest rooms, Lunch rooms 150 or more

48 Crèches 30 or more women workers
49 Welfare Officers 500 or more

Section Provision Explanation

51 WEEKLY HOURS allowed to work for more than 48 hrs a week
52 WEEKLY HOLIDAYS holiday for a whole day in a week
53 COMPENSATORY If a worker is not given weekly holiday,it will be compensated
HOLIDAYS within 2 months immediately following the said month.
54 DAILY HOURS Not more than 9 hours/day
55 INTERVALS FOR REST At least ½ hour for every 5 hours of continuous work
56 SPREADOVER Not more than 10 ½ hours including intervals
58 PROHIBITION OF Work shall not be carried on in any factory by means of a system of
OVERLAPPING SHIFTS shifts
60 RESTRICTION ON No adult worker shall be required or allowed to work on any day on
DOUBLE EMPLOYMENT which he has already been working in any other factory
66 FURTHER RESTRICTIONS Should work only during 6 am till 7 pm
ON EMPLOYMENT OF
WOMEN
67 PROHIBITION OF No child who has not completed his fourteenth year shall be
EMPLOYMENT OF YOUNG required or allowed to work
CHILDREN
81 PAYMENT IN ADVANCE A worker who has been allowed leave for not less than four days, in
IN CERTAIN CASES the case of an adult, and five days, in the case of a child, shall,
before his leave begins, be paid the wages due for the period of the
leave allowed.
59. EXTRA WAGES FOR OVERTIME where a worker works in a factory for more than nine
hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime
work, be entitled to wages at the rate of twice his ordinary rate of wages.

79. ANNUAL LEAVE WITH WAGES:-

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• Working days includes lay off, maternity leave (12 weeks), leave earned in the year prior.
But he shall not earn leave for these days.

• Admissible annual leave shall be exclusive of all holidays whether occurring during or at
either end of the period of leave.

• If worker is joining in a factory other than January, shall be entitled to leave with wages
if he has worked for two-thirds of the total number of days in the remainder of the
calendar year.

• If a worker is terminated by the employer, discharged or dismissed, quits his employment

or is superannuated or dies while in service, he or his heir or nominee shall be entitled to
wages in lieu of the quantum of leave to which he was entitled immediately before his
discharge, dismissal, quitting of employment, superannuation or death calculated at the
rates specified even if he had not worked for the entire period specified him eligible to
avail of such leave, and such payment shall be made:-

Worker is discharged or dismissed or Before the expiry of the second working day from the
quits employment date of such discharge, dismissal or quitting
Worker is superannuated or dies Before the expiry of two months from the date of
while in service such superannuation or death.
• In calculating leave, fraction of leave of half a day or more shall be treated as one full
day's leave, and fraction of less than half a day shall be omitted.
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• A worker may at any time apply in writing to the manager not less than fifteen days
before the date on which he wishes his leave to begin, to take all the leave or any portion
thereof allowable to him during the calendar year, Provided that the application shall be
made not less than thirty days before the date on which the worker wishes his leave to
begin, if he is employed in a public utility service.

• Provided further that the number of times in which leave may be taken during any year
shall not exceed three.

• If a worker wants to avail himself of the leave with wages due to him to cover a period of
illness, he shall be granted such leave even if the application for leave is not made within
the time and in such a case wages as admissible under section 81 shall be paid not later
than fifteen days, or in the case of a public utility service not later than thirty days from
the date of the application for leave.

• The unavailed leave of a worker shall not be taken into consideration in computing the
period of any notice required to be given before discharge or dismissal.

80. WAGES DURING LEAVE PERIOD. A worker shall be entitled to wages at a rate equal to
the daily average of his total full time earnings for the days on which he actually worked during
the month immediately preceding his leave (Basic pay + Dearness allowance), exclusive of any
overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage
accruing through the concessional sale to the worker of food grains and other articles.

(2) The cash equivalent of the advantage accruing through the concessional sale to the worker of
food grains and other articles shall be computed as often as may be prescribed, on the basis of
the maximum quantity of food grains and other articles admissible to a standard family.