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Safety measures.
Welfare Measures.
Working Hours, Spread Over & Overtime of Adults.
Background:
In India the first Factories Act was passed in 1881. This Act was basically
designed to protect children and to provide few measures for health and
safety of the workers. This law was applicable to only those factories, which
employed 100 or more workers.
In 1891 another factories Act was passed which extended to the factories
employing 50 or more workers.
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Introduction
The Factories Act, is a social legislation which has been enacted for occupational safety,
health and welfare of workers at work places
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Legislative history:
Repealing and Amending Act, 1949 ( 40 of 1949)
Adaptation of Laws order, 1950
Repealing and Amendment Act 1950, ( 35 of 1950 )
Part B states ( Laws) Act , 1951( 3 of 1951)
Factories ( Amendment) Act, 1954 ( 25 of 1954)
Central Labour Laws ( Extension to J&K) Act, 1970( 51 of 1970)
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The Act seeks to impose upon the owner or the occupier certain obligations to
protect the workers and to secure for them employment in conditions
conducive to their health and safety.
The Act has been enacted primarily with the object of protecting workers
employed in factories against industrial and occupational hazards.
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Definitions
The term Factory under Section 2(m) of the act means :
Any premises in which 10 or more workers are employed and are engaged in
manufacturing process being carried out with the aid of power or
The term Power under Section 2(g) of the act means not only electrical energy but
also any other form of energy, which is mechanically transmitted, but is not generated
by human or animal energy
The term Manufacturing Process under Section 2(K) of the act means :
Composing types for printing, by letter press, litho-graphy or other similar processes; or
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Factory does not include a mine, a mobile unit belonging to the armed forces of the union, a
railway running shed or a hotel, restaurant or eating place.
Salt works
A Railway Workshop
Saw Mills
The term Worker under Section 2(I) of the act means a person employed (Directly or
through any agency including a contractor), with or without the knowledge of principal
employer, whether for remuneration or not in any manufacturing or not in manufacturing
process, but does not include any member of the armed forces of the Union.
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Approval of Factory Building Plans before construction/extension, under the Delhi Factories
Rules, 1950 .
Grant of Licenses under the Factories Rules and to take action against factories running
without obtaining License.
Renewal of Licenses granted under the Factories Rules, by the Chief Inspectors of Factories.
Health
Safety
Welfare facilities
Working hours
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Cleanliness
Disposal of wastes and effluents
Ventilation and temperature
Dust and fume
Artificial humidification
Overcrowding
Lighting
Drinking water
Latrines & Urinals.
Spittoons.
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secs 21 to 41
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Welfare Measures
Secs 42 to 49
First-aid appliances one first aid box not less than one for every 150 workers. Sec 45
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Sec 48
Sec 49
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Working hours for children not more than 4 hrs. and not permitted to work
during night shift.
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EMPLOYMENT OF WOMEN
Prohibition of women workers at night shift.
Women shall not be allowed to work in any factory except between the hours of
6 AM and 7 PM.
The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M.
Working hours not more than-weekly 48 hours & daily 9 hours.
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One day for every 20/15 days of work performed in case of adult/Child who has
worked for period of 240 days.
The days of lay-off, maternity leave not exceeding 12 weeks,& earned leave in
previous year should be included.
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A worker having worked for 240 days @one day for every 20 days and
Sec. 79
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Crche
Welfare officer -
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PENALTIES
On Continuation of contravention
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Sec.92 to 106
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OFFENCE
PENALTIES
Obstructing Inspectors
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Sec.92 to 106
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B) fine of Rs. 100 pr day from the date of non-compliance of the order, for every day, or
C) both fine and imprisonment.
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A Situation
A, a publishing company, engages, B a contractor to do the work of binding of
their volumes.
As the manager had no control over Bs workers they are not the workers
within the meaning of section 52 and cannot be convicted.
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Conclusion:
The factories Act 194 has gone through many amendments to ensure the Safety,
welfare and protection of the workers working in the factories as defined in this ACT.
As to sustain in the ever changing world & the working condition due to completion
among the competitors the employees are in no constrained to put their health,
safety and life in danger working beyond the level of standards as prescribed by the
Act.
The law spares neither the guilty / offender employer who fail to comply with this
act , nor the employees who contravene the provisions of the act or rules or orders
made there under.
It can be said that the Act was enacted has been amended from time to time to
ensure the harmony in the workplaces of the factories so as to benefit both
employees , employers and the society as a whole.
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