Introduction

1) Secures - Safety , Health ,Welfare of workers. 2) Regulates - Working Hours of workers.

3) Ensures - Annual leaves with wages

4) Provides - Additional protection from hazardous processes Additional protection to women workmen Prohibition of employment of children

Chapter I II III IV IV A V VI VII VIII IX X

Topics Preliminary The inspecting staff Health Safety Provisions related to hazardous process Welfare Working ours of adults Employment of young persons Annual leave with wages Special Provision Penalties and Procedures

XI

Supplementary

Background
Cotton mills were established in 1851 in India.

Conditions in mills was not good..

Factory owners exploited men, women, children by taking

work from them in complete disregard of their health and strength. The first Factories Act passed in India in 1881. It has then steadily convert into welfare measures. Comprehensive act was enacted immediately after independence and named as The Factories Act ,1948. It has seen two amendments after 1948 i.e. 1976,1987 after Bhopal Tragedy.

Chapter : 1 Preliminary
Section 1. Short title, extent and commencement. Section 2. Interpretation. Adult- who has completed 18th year of age. Adolescent - who has completed 15th but not 18th year. Child- who has not completed 15th year of age. Competent person, - a person recognized by the Chief Inspector for the carrying out tests, examinations, inspections. Hazardous process - any process which affects the health of the persons or result in pollution of environment. Young person- who is either a child or an adolescent. Prime-mover- any engine, motor which generates or provides power.

 Transmission machinery- any shaft, wheel, drum, pulley.

by which motion of prime-mover is transmitted to machinery. Machinery prime movers, transmission machinery and other appliances, where power is generated, transformed or applied. Manufacturing process- process for pumping, making, repairing, finishing, packing of substance for sale , transport and disposal. Worker- a person employed in manufacturing process. Factory- premises where Ten workers are working with aid of power and Twenty workers are working without aid of power. Occupier- person who has ultimate control over affairs of factory. Section 3. Reference to time of day.- Indian Standard Time. Section 4. Power to declare different departments to be separate factories or two or more factories to be single.

Section 5. Power to exempt during public emergency. Exemption of any factory for not more than three months. Section 6. Approval, licensing and registration of factories.-The state government makes rules for, Permission from the state government or chief inspector Submission of specification and by whom they get certified. The registration and licensing with fees payable. No license shall be granted or renewed without notice. It is deemed to be granted if no communication in 3months. Refused applicant apply to central government in thirty days. Section 7. Notice by occupier.

Section 7A. General duties of the occupier. Ensure health, safety and welfare of all workers. Provision and maintenance of safe plant and systems. Ensuring safety and health for use, handling of substances. Provide instruction, training and supervisions for workers. A safety policy made and displayed at convenient locations. Section 7B. General duties of manufacturers, etc. Products are safe and without risks to the health of workers. Carry out tests and examination and research. Information will be available for safely use of the article. When an article is designed or manufactured outside India The article conforms to the same standards as in India, or If standard is higher, the article conforms to such standards

CHAPTER II The Inspecting Staff

Section 8. Inspectors.- The State government Appoint Inspectors, Chief Inspector with qualification and local limits to them for performing the duties. Section 9. Powers of Inspectors.

Powers related to this act such as enquiry, inspection and examination of plant, documents, etc. Section 10. Certifying Surgeons. Qualified medical practitioners are appointed by state government as Certifying Surgeons for such factories to perform duties related to this act.

CHAPTER III.- Health

Section 11. Cleanliness. Prevent accumulation of dirt and refuse. Floor of every workroom cleaned at least once in week. Effective means of drainage to be provided and maintained. All walls, staircases painted once in 5yrs; for washable water paint- once in 3yrs and washed once in 6 months. Section 12. Disposal of wastes and effluents. Proper arrangements for treatment and disposal. Arrangements to be approved by such authority.

Section 13. Ventilation and temperature. Adequate ventilation by the circulation of fresh air. Temperature as will secure comfort . Proper temperature and measuring instruments provided.

Section 14. Dust and fume.1)Prevent inhalation and accumulation of dust. 2)Operation of internal combustion engine with safety. Section 15. Artificial humidification.Tests for determining the humidity of air. (a) Methods to be adopted for securing adequate humidification. (b) The methods used for artificially increasing the humidity. (c) Water used for increasing humidity to be effectively purified.

Section 16. Overcrowding. No room is overcrowded to an extent injurious to the health. The Chief Inspector by order in writing gives the maximum

no. of workers in compliance to section employed in room. Section 17. Lighting. Sufficient lighting, natural or artificial maintained Windows and skylights kept clean, free from obstruction. Prevention of- (a) glare, (b) formation of shadows

Section 18. Drinking water. Sufficient supply of drinking water provided at suitable points All points marked "drinking water" in English and local

language and 6m far from any washing place, latrine, spittoon. For 250 workers cooling drinking water during hot weather. For compliance, examination by prescribed authorities.

Section 19. Latrines and urinals. Sufficient nos. provided at convenient

locations in proportion of male and female Separate for male and female. Adequately lighted and ventilated Maintained in a clean and sanitary condition. Sweepers employed for cleaning . Section 20. Spittoons. Sufficient nos. at convenient places. State Govt. make rules for types, numbers,

locations and hygienic condition of spittoons. No one is allowed to spit in premises except in spittoons. Notice of this provision and Penalty for violation not more than 5 Rs displayed at suitable places.

CHAPTER IV.- Safety

Section 21. Fencing of machinery. Section 22. Work on or near machinery in motion. Section 23. Working of young persons on danger m/c. Section 24. Striking gear and devices for power cutting. Section 25. Self-acting machines.
No traversing part, no material is allowed to run outwards or inward within 45cms from fixed structure. Section 26. Casing of new machinery. Imprisonment up to 3 months or with fine up to 500Rs or both for every seller, hirer, agent for not following this provision. Section 27. Prohibition of employment of women and children near cotton-openers.

Section 28. Hoist and lifts. Section 29. Lifting machines, tackles, chains, ropes. Good construction, sound material, adequate strength, defect free and examined by competent person in every 6 months for hoist & lifts and 12 months for lifting tackles. Lift way protected by an enclosure fitted with gates. The maximum safe working load marked on it. Cage of lift fitted with gate from access side with interlocking. The cage supported by at least two ropes of proper strength An efficient automatic device for preventing over-running. A traveling crane not to approach within 6 m. of working area. Section 30. Revolving machinery. Section 31. Pressure plant.

Section 32. Floors, stairs and means of access. Section 33. Pits, sumps, openings in floors, etc. Section 34. Excessive weights.
Persons Maximum wt. of material (Kg)

Adult male

55

Adult female Adolescent male Adolescent female

30 30 20

Male child 16 Female child 16 Section 35. Protection of eyes. Section 36. Precautions against dangerous fumes, gas. Section 36A. Safety for use of portable electric light.

Section 37. Explosive or inflammable dust, gas, etc. Section 38. Precautions in case of fire. Section 39. Power to require specifications of defective parts or tests of stability. Section 40. Safety of buildings and machines. Section 40A. Maintenance of buildings. Section 40B. Safety Officers. For 1,000 or more workers. For any process causes bodily injury, poisoning, health hazard. Section 41. Power to make rules to supplement this Chapter.

CHAPTER IVA.- Provisions relating to Hazardous Processes

Section 41A. Constitution of Site Appraisal Committees. It is formed by state government for considering application and granting permission for initial location and expansion of factory Section 41B. Compulsory disclosure of information by occupier.
Occupier of every factory involving hazardous process disclose the

information regarding process, material to workers, chief inspector, Local authority and general public, Prepare safety policy and on-site emergency plan with approval of chief inspector.

Section 41C. Specific responsibility of the occupier in relation to hazardous processes. Maintain up to date health records of workers. Appoint persons with qualification and experience of handling hazardous substance to supervise the operations. Medical examination of person before he assigned the job involving hazardous process. Section 41D. Power of Central Govt. to appoint enquiry Committee. Section 41E. Emergency standards. If there is no standard or standards are inadequate for hazardous process, then the central government direct DGFASLI or other institutes to lay down emergency standards.

Section 41F. Permissible limits of exposure of chemical and toxic substances.

The maximum permissible threshold limits of exposure of chemical and toxic substance in a factory given in 2nd schedule in TWA and STEL( mg/m3 and ppm) Section 41G. Workers participation in safety management.( Safety Committee)

For hazardous process the occupier of factory set up a safety committee with equal no. of workers and management representatives for maintaining safety and health at work. Section 41H. Right of workers to warn about danger .

CHAPTER V.- Welfare

Section 42. Washing facilities. Suitable washing facilities separate for male and female workers. Section 43. Facilities for storing and drying clothing. Section 44. Facilities for sitting. Section 45. First-aid-appliances.

One First aid box for every 150 workers with medical contents. kept in the charge of person certified in first-aid. For more than 500 workers, an ambulance room with prescribed equipment and nursing staff. Section 46. Canteens. Canteen for more than 250 workers.

Section 47. Shelters, rest-rooms and lunch-rooms. For more than 150 workers rooms with provision for drinking water, where workers can eat their meals. It shall be sufficiently lighted, ventilated and kept in a cool and clean condition. Section 48. Crches For more than 30 women workers, for children under age of 6 yrs. Rooms are lighted and ventilated, and kept in a clean and sanitary condition under the charge of trained women. Provision of facilities for washing ,changing their clothing. Free milk or refreshment or both for children. Provision for the mothers to feed children. Section 49. Welfare Officers. Welfare officers for 500 or more workers . Section 50. Power to make rules to supplement this Chapter.

CHAPTER VI.- Working Hours of Adults

Section 51. Weekly hours. No adult worker allowed to work for more than 48hrs./week. Section 52. Weekly holidays. Section 53. Compensatory holidays. Section 54. Daily hours. Maximum 9hrs. for adult worker. Section 55. Intervals for rest. At least hour rest after 5hrs of working. Hrs of work without interval does not exceed six. Section 56. Spread over. The period of work of an adult worker including rest intervals not more than 10 hours/day, and maximum up to 12 hours. Section 57. Night shifts. Section 58. Prohibition of overlapping shifts.

Section 59. Extra wages for overtime. Wages twice ordinary rate for more than 9hrs/day or 48 hrs/week. Section 60. Restriction on double employment. Section 61. Notice of periods of work for adults. Section 62. Register of adult workers. Section 63. Hrs of work under sect. 61and register under sect.62. Section 64. Power to make exempting rule. Rules for holding supervision, management, confidential position Section 65. Power to make exempting orders. Section 66. Restriction on employment women.
Working hours are between 6 A.M. and 7 P.M.. State Govt. by notification vary the limits but this doesnt

authorize the employment of between 10 P.M. and 5 A.M.

CHAPTER VII.- Employment of Young Persons

Section 67. Prohibition of employment of young child. Section 68. Non-adult workers to carry tokens. Section 69. Certificate of fitness. Section 70. Effect of certificate of fitness granted to adolescent. Section 71. Working hours for children.
No child permitted to work (a) for more than 4 hrs

in a day; (b) during night. The period of work shall be limited to two shifts which shall spread over more than five hours each. Female child working hours are between or 6 A.M.and 7 P.M.

Section 72. Notice of period of work for children. Section 73. Register of child workers.

Section 74. Hrs. of work to correspond with notice under sect. 72 and register under sect. 73. Section 75. Power to require medical examination. Section 76. Power to make rules. Section 77. Certain other provisions of law not barred.

CHAPTER VIII.- Annual Leave with Wages

Section 78. Application of Chapter. Section 79. Annual leave with wages.

For 240 working days/ year, (i) For adult- 1 day/ 20 work days. (ii) For child- 1day/15 work days. For female worker, maternity leave not exceeding 12 weeks. For dismissal ,quitting employment, superannuation or death while in service, he or his nominee, entitled to wages . Application 15 days before leave and not more than 3 times/year. Section 80. Wages during leave periods. Section 81. Payment in advance in certain cases. Section 82. Mode of recovery of unpaid wages. Section 83. Power to make rules. Section 84. Power to exempt factories.

CHAPTER IX.- Special Provisions

Section 85. Power to apply the Act to certain premises. Section 86. Power to exempt public institution. Exemption to a public institution carry out education and training. Section 87. Dangerous operations. If any manufacturing process exposes persons to a risk of bodily injury, poisoning or disease then the state government makes rule for Declaring the process to be dangerous. Prohibiting employment women, adolescent, children. Provision for periodical medical examination of persons. Prohibit use of any specific chemical. Requiring the provision of additional welfare amenities.

Section 87A. Power to prohibit employment on account of serious hazard.

An inspector can prohibit occupier from employing persons. Order have effect of 3 days until extended by Chief Inspector. A person aggrieved by an order can appeal to the High Court. Employer to provide alternative employment to a person

affected by an order, shall be entitled to wages, benefit. Section 88. Notice of certain accident. An accident preventing worker from working for 48 hrs or

more, the factory manager shall send notice to such authorities. An inquiry by such authority in one month of notice received.

Section 88A. Notice of certain dangerous occurrences. If any dangerous occurrence occurs causing any bodily injury or disability or not, the manager of factory send notice to such authorities. Section 89. Notice of certain diseases. If any medical practitioner fails to comply with the provisions punishable with fine up to 1000Rs. Section 90. Power to direct inquiry into cases of accident or disease. Section 91. Power to take samples. Section 9lA. Safety and occupational health surveys.

CHAPTER X.- Penalties and Procedure

Section 92. General penalty for offences.
Imprisonment up to 2 yrs or fine up to 1 lakh rupees

or both, and for continued offence, 1,000 Rs./day. For death 25,000 Rs. and 5000 Rs. for bodily injury. Section 93. Liability of owner of premises in certain circumstances. Section 94. Enhanced penalty after previous offence.
Imprisonment of 3 yrs or fine from 10,000 to 2 lakh Rs. or both. For death 35,000 and 10,000 rupees for bodily injury.

Section 95. Penalty for obstructing inspector. Imprisonment up to 6 months or fine up to10,000 Rs.or both. Section 96. Penalty for wrong showing results of sec.91.

Imprisonment up to 6 months or fine up to 10,000 Rs. or both. Section 96A. Penalty for contravention of sections 41B, 41C and 41H. Imprisonment up to 7 yrs and fine up to 2,00,00 Rs. and for continues failure, additional up to 5,000 Rs./day for 1st time and if failure continues beyond 1 year a term up to 10 years. Section 97. Offences by workers. Fine upto 500Rs. Section 98. Penalty for using false certificate of fitness. Imprisonment for term up to 2 mths or fine up to 1000Rs or both. Section 99. Penalty for double employment of child.

Fine which may extend to one thousand rupees. Section 100.- determination of Occupier in certain cases : Omitted by Act 20 of 1987. Section 101. Exemption of occupier from liability.

Section 102. Power of court to make orders.

In addition to punishment, court in writing gives period for

remedying the matters of offence. The occupier is not liable for period allowed and for further offence, imprisonment up to 6 mths or fine up to100Rs/day or both Section 103. Presumption as to employment. Section 104. Onus as to age. Section 104A. Onus of proving limits of what is practicable Section 105. Enquiry of offences. Section 106. Limitation of prosecution. Enquiry by court on complaint made within 3 moths of offence. For disobeying a written order, complaint to be made in 6 months. Section 106A. Jurisdiction of a court for entertaining proceedings .

CHAPTER XI.- Supplemental

Section 107. Appeals. Occupier may appeal within 30 days Against an order. The concerned authority hear the appeal with the help of assessors, appointed by them. Section 108. Display of notices. Section 109. Service of notices. Section 110. Returns. Section 111. Obligations of workers. For contravention, imprisonment up to 3 months, or fine up to 100 Rs. or both. Section 111A. Right of workers, etc. Section 112. General power to make rules. Section 113. Powers of Centre to give directions. Section 114. No charge for facilities and conveniences.

Section 115. Publication of rules. Section 116. Application of Act to Govt. factories. Section 117. Protection of persons acting under this Act. Section 118. Restriction on disclosure of information. Imprisonment for term up to 6 mths or fine up to 10,000 Rs or both. Section 119. Act to have effect not withstanding anything contained in Act 37 of 1970. Section 120. Repeal and savings. The First Schedule: There are total 29 hazardous process industries are included in this schedule. The Second Schedule: It contains permissible levels of 116 chemicals in work environment in TWA and STEL( mg/m3 and ppm) The Third Schedule: It contains list of 29 notifiable diseases.