The Factories Act 1948

It extends to the whole country and is a central act. An Act to consolidate and amend the law regulating labour in factories. Amended on several occasions in 1949,1950,1954,1956,1976 1989 but the general framework remains the same. Enacted to protect workers from industrial and occupational hazards

 It imposes upon the owner/occupier certain duties to protect the workers and to secure for them employment in conditions which are conducive to health and safety. Therefore the act provides for Health, Safety, Welfare, Working hours, Leave and Provisions relating to Hazardous processes as separate chapters in the act.

What is a factory
Sec 2 (m) defines factory as premises including the precincts thereof where manufacturing is being carried out: By 20 or more persons without the aid of power 10 or more with the aid of power. Less than 10 workers where activity is notified by the state Govt.

Factory does not include

Mine, Railway running shed Hotel, Restaurant or eating places. Electronic data processing unit

Premises including precincts means

Open land Sheds Godowns Yards Canteen Creche Rooms Buildings Machines . Precincts where manufacturing activity is being carried out eg..Room where packing of finished goods is done Eg Yard where groundnuts were dried. Eg. Shed where pepper and ginger were winnowed as process before sale

What is a Manufacturing Process

Section 2(k)states Manufacturing to mean 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 its use, sale, transport, delivery or disposal.

Manufacturing includes
Pumping oil, water, sewage or any other substance Generating, transforming or transmitting power, Composing types for printing, printing by letter press, book binding, lithography etc. Constructing , reconstructing repairing ships or vessels Preserving or storing any article in cold storage.

What is not manufacturing

Dry cleaning is not a manufacturing process. It is merely cleaning by processing of washing held in ESIC Vs.Triplex Dry Cleaners 1998 II LLJ.

Shree Gopal Paper Vs. Inspector of Factories UP 1969 Labour IC

Transportation of raw materials is not manufacturing. Eg: Baleing grass with a baleing press to be sent to Paper Mill as a raw-material is not a factory. It was the packing of raw materials before it reach the factory.

SHIFT
When work of the same kind is carried out by 2 or more sets of workers, working during different periods of the day ,each such set is called group or relay and each such period of work is called a shift. There may be 2 or 3 shifts working each day on the same set of machines, to produce the same goods.

Spread over
A period of work for an adult worker exclusive of rest will not extend ten and a half hours on any day. In case exemption is sought may be increased to 12 hours. There is no provision for overlapping shifts. Double employment in 2 factories on the same day is prohibited.

Day / Week
Day means period of 24 hours beginning at midnight. Week mean period of 7 days which starts at midnight Saturday and extends to the succeeding Saturday night.

Occupier:
Occupier Section 2 (n) has been defined to mean:

The person who has ultimate control over the affairs of the factory.
A partner in the case of firm. Director in the case of a company. In the case of a factory owned by the government, persons who are appointed to manage the affairs of the factory shall be deemed to be the Occupier.

Duties of an occupier
To ensure the health, safety and welfare of all workers while they are work in the factory To prepare a written statement of a general policy which will be followed for the health and safety of the workers To bring such a statement and its revision to the notice of the workers.

Occupier has to give detailed policy about measures taken for safety and health of workers. Occupier has to give a detailed policy on control measures in machine accidents. He has to maintain a record of workers for exposed to chemicals or harmful substances. Workers can warn Occupier about the likelihood of danger to life /health directly or through their representative and immediate remedial measures have to be taken.

WHO IS A WORKER
A Worker means a person employed directly or by though any Agency including a Contractor, with or without knowledge of principal employer whether for remuneration or not.

 In cleaning any part of the machinery or premises where manufacturing is going on. A person who is engaged in any kind of the work incidental to, or connected with the manufacturing process But does not include a member of the armed forces of the unit.

Some persons connected with manufacturing are.

Time keepers who prepare pay sheets, leave and attendance records etc. Accountants who compute salary Security guards Clerks House keeeping Loaders Drivers

They are Factory Workers.

Workers need not be engaged on the precincts of the factory Eg. Lorry driver who took the material from one factory to another. Eg. Carpenter who made wooden boxes for packaging soaps after finishing.

Prima Facie Test to see if the person is a factory worker

Does the occupier have the right to supervise the work? Or control the manner in which the work is executed? Or is the worker answerable to the occupier

Child
Above 14 years of age. Shall not be allowed to work in any factory unless such child has been granted a certificate of fitness He shall not work more than 4 and a half hours work in a day (Section 71) Shall not be permitted to work during the night. The period work shall be limited to 2 shifts which have not overlapped or spread over more than 5 hours each.

 No exemption to the above provision. No child will be allowed to work in any factory on any day on which he has already been working in another factory. No female child shall be allowed to work except between 8 AM and 7 PM. Will be allowed one day leave after working 15 days

Adolescent
A person between 16 to 18 years of age Having certificate of fitness from a certifying Surgeon to work as an adult will carry a token giving reference of such certificate and hand over the same to the occupier. If no certificate has been granted he shall be deemed to be a child. Adolescents will be allowed to work only between 6 AM to 7 PM.

ADULT WORKERS
Must work 6 days a week For 9 hours each day Rest for at least half hour after every 5 hours He will work not more than 48 hours in the week In accordance with the notice for period of work which is displayed in the factory

 In case a worker is asked to work overtime, he shall be paid wages @double the rate . The spread over shall not be more than ten and a half hours unless exemption is taken and can extend to 12 hours of work a day

Leave with Wages

He can avail leave for 20 days earned leave after working for 240 days He can carry forward /accumulate leave for 30 days. The periods of leave may be combined with his weekly off. Leave shall not be availed of on more than 3 occasions in a calendar year.

Before it can start work..

Obtain prior permission for the construction of a factory: APPROVAL OF PLANS OF THE FACTORY by chief inspector of factories. Application to obtain Licence to be made at least 15 days before the commencement of a manufacturing activity. REGISTRATION AND LICENCING OF FACTORY Comply with the requisite provisions of law.

STATUTORY REGISTERS
Muster Roll Register of adult workers Register of leave with wages Overtime register Register of accident or dangerous occurrence Inspection book Health register in respect of factories involving hazardous processes and dangerous operations.

More Compliance
STATUTORY RETURNS TO BE FILED UNDER THE FACTORIES ACT WITH DUE DATES:

STATUTORY NOTICES TO BE DISPLAYED:

STATUTORY PERIODICAL EXAMINATIONS OF PLANTS AND EQUIPMENT TO BE CARRIED OUT

EXEMPTION PROVISIONS UNDER THE ACT

EXEMPTION TO WORK ON OVERTIME : EXEMPTION FOR MAINTAINING REGISTERS IN PRESCRIBED FORMS: EXEMPTION FOR EMPLOYING WOMEN WORKERS UPTO 10PM IN CERTAIN FACTORIES