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THE FACTORIES ACT, 1948.

ACT NO. 63 OF 1948


[23rd September, 1948.]

19/9/2014

Presented by:Mathangi Raghupathy & Shruthi Thakkar.

Overview of the presentation :

Back ground of the Act.


Introduction/ applicability of the Act.
Legislative history.
Short title and content of the Act.

objective of the act.


Short title, extent and commencement.
Definitions
Salient features of the act.
Registration & Renewal of Factories .

FACTORIES ACT, 1950

Safety measures.
Welfare Measures.
Working Hours, Spread Over & Overtime of Adults.

Employment of young persons.


employment of woman
leave as per provision of the act
OFFENCE / penalties and
Conclusion.
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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.

On the basis of the recommendations of the Factory Labour Commission,


more comprehensive Law was introduced in 1911, which got amended in
1923, 1926 and 1931.

With the amendments made by Royal Commission of Labour (1931),


Comprehensive Factory Act, 1934 was introduced.

Following recommendations of the Royal Commission, the Govt. of India


enacted Factories Act, 1948.

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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

Applicability of the Act:


Any premises whereon 10 or more persons with the aid of power or 20 or more workers
are/were without aid of power working on any day preceding 12 months, wherein
Manufacturing process is being carried on.

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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)

Factories ( Amendment ) Act 1976, ( 94 of 1976)


Factories ( Amendment) Act , 1987, ( 20 of 19 87)

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OBJECTIVE OF THE ACT

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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Short title, extent and commencement.


1. Short title, extent and commencement.

This Act may be called the Factories Act, 1948.

It extends to the whole of India .

It came into force on the 1st day of April, 1949.

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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

Any premises in which 20 or more workers are employed in manufacturing process


being carried out without the aid of power

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 :

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; or

Pumping oil, water, sewage or any other substance; or

Generating, transforming or transmitting power; or

Composing types for printing, by letter press, litho-graphy or other similar processes; or

Constructing, reconstructing, repairing, refitting or breaking up ships or vessels; or

Preserving or storing any article in cold storage

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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.

The following have held to be a factory :

Salt works

A shed for ginning and pressing of cotton

A Bidi making shed

A Railway Workshop

Composing work for Letter Press Printing

Saw Mills

Place for preparation of foodstuff and other eatables

Water works maintained by a municipality

Electricity department of municipality

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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SALIENT FEATURES OF THE ACT

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.

Inspections of factories by District Inspectors of Factories, for investigation of complaints,


serious/fatal accidents as well as suo Moto inspections to check compliance of provisions of
this Act relating to :

Health

Safety

Welfare facilities

Working hours

Employment of young persons

Annual Leave with wages etc

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Registration & Renewal of Factories :


To be granted by Chief Inspector of Factories on submission of prescribed form, fee and
plan.

Employer to ensure health of workers pertaining to .

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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To ensure Safety Measures.

secs 21 to 41

Fencing of machinery. Sec 21


Work on or near machinery in motion. Sec 22
Employment prohibition of young persons on dangerous machines. Sec 23
Striking gear and devices for cutting off power. Sec 24
Self-acting machines. Sec 25
Casting of new machinery. Sec 26
Prohibition of employment of women and children near cotton-openers. Sec 27
Hoists and lifts. Sec 28
Lifting Machines, chains, ropes etc. Sec 29
Revolving Machinery. Sec30
Pressure Plant. Sec 31
Floors, staircases etc. Sec 32
Pits , sumps , openings & in floors, etc. Sec 33
Excessive weight. Sec 34
Protection of eyes. Sec 35
Precautions against dangerous fumes. Sec 36 & 37
Precaution in cases of fire. Sec 38
Specification of defective parts or tests of stability. Sec 39
Safety of building & machinery. Sec 40
Maintenance of building. Sec 41
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Welfare Measures

Secs 42 to 49

Washing facilities. Sec42


Facilities for storing and drying clothing. Sec43

Facilities for sitting. Sec44

First-aid appliances one first aid box not less than one for every 150 workers. Sec 45

Canteens when there are 250 or more workers. Sec 46


Shelters, rest rooms and lunch rooms when there are 150 or more workers. Sec 47
Creches when there are 30 or more women workers.
Welfare office when there are 500 or more workers.

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Sec 48
Sec 49

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Working Hours, Spread Over & Overtime of Adults


Weekly hours not more than 48.

Daily hours, not more than 9 hours.


Intervals for rest at least hour on working for 5 hours.
Spread over not more than 10 hours.
Overlapping shifts prohibited.
Extra wages for overtime double than normal rate of wages.
Restrictions on employment of women before 6AM and beyond 7 PM.

Secs 51, 54 to 56, 59 & 60

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Employment of Young Persons


Prohibition of employment of young children e.g. 14 years.

Non-adult workers to carry tokens e.g. certificate of fitness.

Working hours for children not more than 4 hrs. and not permitted to work
during night shift.

Secs. 51, 54 to 56, 59 & 60

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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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Leave as per provision of the act with wages :


Rules:
Leave Entitlement

One day for every 20/15 days of work performed in case of adult/Child who has
worked for period of 240 days.

Computation of Period of 240 days

The days of lay-off, maternity leave not exceeding 12 weeks,& earned leave in
previous year should be included.

Discharge, Dismissal ,death , quitting of employment

He , his heir , nominee as the case may be entitled to wages.

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Annual Leave with Wages

A worker having worked for 240 days @one day for every 20 days and

For a child one day for working of 15 days.

Accumulation of leave for 30 days(Leave can be accumulated up to 30 days in


case of an adult or 40 days in case of a child)

Sec. 79

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FLASH BACK OF THE PRESENTATION:

Crche

Restroom / shelters and lunch room - > 150 workmen

Cooled drinking water - > 250 workers

Canteen - > 250 workers

Ambulance room Doctor, Nurse and

Dresser cum compounder -

Welfare officer -

Lady welfare officer - > more nos. of women workers


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> 30 women workers

> 500 workers

> 500 workers

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What? If contravened or not complied with?


OFFENCE

PENALTIES

For contravention of the Provisions of the


Act or Rules

Imprisonment up to 2 years or fine up to


Rs.1,00,000 or both

On Continuation of contravention

Rs.1000 per day

On contravention of Chapter IV pertaining


to safety on dangerous operations.

Not less than Rs.25000 in case of death


Not less than Rs.5000 in case of serious
injuries.

Subsequent contravention of some


provisions

Imprisonment up to 3 years or fine not


less than Rs.10,000 which may extend to
Rs.2,00,000.

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Sec.92 to 106

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OFFENCE

PENALTIES

Obstructing Inspectors

Imprisonment up to 6 months or fine up to


Rs.10,000 or both.

Wrongful disclosing result pertaining


to results of analysis.

Imprisonment up to 6 months or fine up to


Rs.10,000 or both.

For contravention of the provisions of


Sec.41B, 41C and
41H pertaining to compulsory
disclosure of information by
occupier, specific responsibility of
occupier or right of
workers to work imminent danger.

Imprisonment up to 7 years with fine up to


Rs.2,00,000 anon continuation fine @ Rs.5,000 per
day.
Imprisonment of 10 years when contravention
continue for one year.

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Sec.92 to 106

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Exemption of the occupier or Manager: u/s 101 of the Act


The manager has to prove that the offender is someone else not him.
Cite example of a fence.
He has due diligence to enforce the execution of the Act.
Other person has committed the offence without his knowledge, consent.
Further while convicting a manager/ occupier, the court may order him to remedy the
matters within a specified period in respect of which the offence was committed. In case of
noncompliance a further offence is committed and liable to a further and enhanced
punishment. u/s102 of the Act.
A) 6 months imprisonment or

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.

The work is not connected with As manufacturing process and is to be done


outside the premises of As company. Without the knowledge of As manager B
brings some workers on the premises of the company on a holiday. The factory
Inspector checks and finds the manager for a breach of section 52 of the F.Act.

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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Sec 41B: COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER


Policy with regard to health and safety of workers., on site emergency plan disaster
control measures, handling ,usage and transport of hazardous substances.
Sec 41C: Specific responsibility of the occupier in relation to hazardous
processes.

Sec 41H: Right of workers to warn about imminent danger


Sec 52: weekly holidays every adullt worker in a factory shall be allowed a
holiday during a week.
Sec 79: rules relating to annual leave with wages

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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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