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FACTORY ACT 1948

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Harshada Desai Bhavisha Dedhia Vaibhav Marathe Amit Naik Nitya Ramakrishnan

Introduction

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The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. Applicability: It applies to factories covered under the Factories Act, 1948. 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

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definition
Factory Means (S.2(m)) a) any premises in which 10 or more workers are working and manufacturing process is carried on with the aid of power; b) any premises in which 20 or more workers are working and a manufacturing process is carried

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(S.2(g))

- Power 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.

objective

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The objective of the Act is secure to the workers employed in the factories health, safety, welfare, proper working hours, leave and other benefits. The Act aims at protecting workers employed in factory from unfair exploitation by the employer.

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Registration of factory

An application for approval of the plans of a factory has to be made to the Chief Inspector of factories.

The application should be accompanied by necessary documents.

The Chief Inspector of Factory, if he is

Exempted form factory act 1948,

Following premises are excluded in Factory act 1948,

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a mine a mobile unit belonging to the armed forces of the Union a railway running shed, or a hotel, restaurant or eating place

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Occupier
The term Occupier under Section 2(n) of the act means the person who has ultimate control over the affairs of the factory; and
In

case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the Occupier case of a company, any one of the directors shall be deemed to be the occupier case of a factory owned or controlled by the Central govt. or state govt. or any local authority, the person/s

In In

General duties of the Occupier

Obtain

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government approval regarding location, plan and construction of the factory an also licence and registration certificate for operating the factory and welfare all provisions concerning health, safety

Implement Send

a detailed written notice 15 days in advance to Chief Inspector before occupying any premises as a factory. all statutory requirements pertaining to hours of work, leave with wages, weekly holidays and extra wages for overtime

Comply

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Factory Inspectorate
As

per Section 6 and Rule 3, the plans of a factory has to be approved by Chief Inspector of Factories. or manager of a factory has to apply for registration & get the licence from Chief Inspector of Factories. per Section 6 and Rules 5 to 13, the licence so granted may be amended, renewed, revoked or

Occupier

As

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Powers of Inspectors[sec.9]

Enter factory premises for investigation Examine the premises Inquire into any accident or dangerous occurrence Require the production of any prescribed register or document Seize, or take copies of, any register, record or other document Take measurements and photographs and make such recordings Exercise such other powers as may be prescribed No person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself .

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factory act 1948- Benefits

Working Hours Annual Leave With wages Health Safety Welfare

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Working Hours

Sec.51-Weekly hours not more than 48 hours a week Sec.52-First day of the week i.e. Sunday shall be a weekly holiday Sec.53-Compensatory holidays Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a month. Sec.54-Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day Sec.55-Intervals for rest-no worker shall work for more than 5 hours before he has had an interval for rest of at least 1/2 an hour. Inspector may increase it upto six hours.

Spread over[sec.56]

Inclusive of rest intervals they shall not spread over more than 10-1/2 hours in any day Inspector may increase the spread over up to 12 hours. Co

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Night Shifts[Sec.57]
If

shift extends beyond midnight , a holiday for him will mean a period of 24 hours beginning when his shift ends.

Extra Wages for Overtime[Sec.59]

If

workers work for more than 9 hours a day or more than 48 hour a week, extra wages should be given. Wages at twice the ordinary Rate.

Restriction on Double Employment[Sec.6o]

No

worker is allowed to work in any factory on any day on which he has already been working in Co any

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Notice of periods of work for Adult Workers[Sec.61] Notice to be displayed at some Conspicuous place. Periods to be fixed beforehand Classification of workers-Groups. Copy of Notice in Duplicate & any change to be sent to Inspector. Register of Adult Workers[Sec.62,63] Prohibition of employment of young Children[Sec.67] Non-Adult workers to Carry Tokens [Sec.68]
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Certificate of fitness
Is a certificate issued by a certifying surgeon after examining him & ascertaining his fitness for work in factory. Valid for 12 Months. Revocation of Certificate by surgeon , if child is no longer fit. Fee payable by Employer:-Fee & Renewable Fee Effect of Certificate of Fitness:-deemed to be an adult for the purpose of hours of work. Working Hours for Young persons[Sec.71,72]

Working Hours limited to 4-1/2 Not during Nights. Period of work limited to 2 shifts. Entitled to weekly Holidays. Female to work only between 6am to 7 pm.

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Annual Leave with Wages

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The main provisions of the Act about the grant of annual leave with wages under Section 79 are:
A worker shall be allowed in every calendar year, annual leave with wages @ 1 day for every 20 days of work performed by him during the previous calendar year In case of child worker, annual leave with wages @ 1 day for every 15 days of work performed Leave can be accumulated upto 30 days in case of an adult or 40 days in case of a child The leave admissible will be exclusive of all holidays, occurring during, or at either end of the leave period Wages for leave allowed shall be paid before the leave begins

Health Provisions[Sec.11-20]
Cleanliness[sec.11]

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The working conditions should be clean and safe. Clean the floor at least once a week by washing, or by some effective method. Effective means of drainage shall be provided. White wash every 14 weeks Paint / varnish every 5 years

Disposal of wastes and effluents [sec.12]

There should be proper arrangements or disposal of wastes and effluents. Follow state govt. rules

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Ventilation & Temperature [sec.13]

Proper level of ventilation temperature and humidity must be maintained. Make provisions for reducing excess heat.

Dust and fume[sec.14]

Effective measures should be taken to prevent inhalation or accumulation of dust & fume.

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Artificial Humidification[sec.15]

Factories in which the humidity of the air is artificially increased(like in textile units), keep it in limits. The water used for artificial humidification to be clean.

Overcrowding[Sec.16]

Overcrowding is also an important issue which is specified in this section. In this it is mentioned that no room in the factory shall be overcrowded to an extent that can be injurious to the health of workers employed herein.

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Lighting[Sec17]

Drinking water[Sec.18]

Sufficient & suitable lighting in every part of factory. There should natural lighting as far as possible. All glazed windows and skylights used for the lighting of the workroom shall be kept clean. Formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented. There should be drinking water (wholesome water) Drinking points to be marked as drinking water. They should be at least 6 meters away from wash room/urinal/ latrine/spittoons. If >250 workers are working, then have cool water facility also.

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Restrooms [Sec.19]

There should be separate for male and female. Proper cleaning should be there. There should be sufficient number of spittoons. No person shall spit within the premises of a factory except in the Spittoons provided for the purpose Whoever spits in contravention shall be punishable with fine not exceeding five rupees

Spittoons[Sec.20]

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Safety of Worker[Sec.21-41]

Fencing of Machinery[Sec.21] Machines in motions[Sec.22] Striking gears[Sec.24] Self acting machines[Sec.25] Casing of new machines[Sec.26] Cotton openers[Sec.27] Hoists and lifts[Sec.28] Lifting machines, chains, ropes & lifting tackles[Sec.29]

Pressure plant[Sec.31] Floors, Stairs etc.[Sec.32] Pits, sumps, openings in floors etc.[Sec.33] Excessive weights[Sec.34] Protection of eyes[Sec.35] Dangerous fumes etc[Sec.36] Portable electric light[Sec.36A] Explosive or inflammable dust, gas, etc.[Sec.37] Role of inspector[Sec.39,40] Power to make rules to supplement the above provisions[Sec.41]

Revolving machines[Sec.30]

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Welfare Provision[Sec.42-50]

Washing facilities(Sec 42) Facilities for, storing & drying clothes(Sec43) Facilities for sitting(Sec 44) First aid appliances(Sec 45) Canteen( Sec46) Rest room, shelters, lunch room( Sec 47) Creches (Sec 48) Welfare Officers(Sec 49)

Offences and Penalties- 5/27/12 Sec.92 to 106 OFFENCES PENALTIES

For contravention of the Provisions of theImprisonment up to 2 years or fine up to Act or Rules Rs.1,00,000 or both On Continuation of contravention Rs.1000 per day On contravention of Chapter IV pertainingNot less than Rs.25000 in case of death. to safety or dangerous operations. Subsequent provisions contravention of someNot less than Rs.5000 in case of serious injuries. Imprisonment up to 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.

Obstructing Inspectors

Wrongful disclosing result pertaining toImprisonment up to 6 months or fine up to results of analysis. Rs.10,000 or both. For contravention of the provisions ofImprisonment up to 7 years with fine up to Sec.41B, 41C and 41H pertaining toRs.2,00,000 and on continuation fine @ compulsory disclosure of information byRs.5, 000 per day. occupier, specific responsibility of Imprisonment of 10 years when occupier or right of workers to workcontravention continues for one year. imminent danger.

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THANK you