Factories Act 1q4826
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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 ed 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 ed 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 Rage Committee, the Govt. of India enacted Factories Act, 1948 This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
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 manufacturing process being carried out without the aid of power
in
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, or other similar processes; or
Constructing, reconstructing, repairing, refitting or breaking up ships or vessels; or
Preserving or storing any article in cold storage
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:-
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
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 thereof shall be deemed to be the Occupier In case of a company, any one of the directors shall be deemed to be the occupier In case of a factory owned or controlled by the Central govt. or state govt. or any local authority, the person/s appointed to manage the affairs of the factory shall be deemed to be the occupier.
CHAPTER I.- Preliminary CHAPTER II.- The Inspecting Staff CHAPTER III.- Health CHAPTER IV.- Safety CHAPTER IVA.- Provisions relating to Hazardous processes CHAPTER V.- Welfare CHAPTER VI.- Working hours of adults CHAPTER VII.- Employment of young persons CHAPTER VIII.- Annual leave with wages CHAPTER IX.- Special provisions CHAPTER X.- Penalties and procedure CHAPTER XI.- Supplemental
CHAPTER I.- Preliminary
Section 1. Short title, extent and commencement. Section 2. Interpretation Section 3. Reference to time of day Section 4. Power to declare different departments to be separate factories or two or more factories to be a single factory Section 5. Power to exempt during public emergency Section 6. Approval, licensing and registration of factories. Section 7. Notice by occupier.
Section 7A. General duties of the occupier. Section 7B. General duties of manufacturers, etc., as regards articles and sub-stances for use in factories. Section 8. Inspectors. Section 9. Powers of Inspectors. Section 10. Certifying Surgeons.
CHAPTER III.- Health
Section 11. Cleanliness Section 12. Disposal of wastes and effluents Section 13. Ventilation and temperature Section 14. Dust and fume Section 15. Artificial humidification. Section 16. Overcrowding
• • • •
Section 17. Lighting. Section 18. Drinking water. Section 19. Latrines and urinals Section 20. Spittoons
CHAPTER IV.- Safety • • • • • •
Section 21. Fencing of machinery Section 22. Work on or near machinery in motion. Section 23. Employment of young persons on dangerous machines Section 24. Striking gear and devices for cutting off power. Section 25. Self-acting machines. Section 26. Casing of new machinery
Section 27. Prohibition of employment of women and children near cotton-openers. Section 28. Hoist and lifts. Section 29. Lifting machines, chains, ropes and lifting tackles. 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 Section 35. Protection of eyes Section 36. Precautions against dangerous fumes, gases, etc. Section 36A. Precautions regarding the 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 machinery. Section 40A. Maintenance of buildings. Section 40B. Safety Officers. Section 41. Power to make rules to supplement this Chapter.
Section 41A. Constitution of Site Appraisal Committees. Section 41B. Compulsory disclosure of information by the occupier. Section 41C. Specific responsibility of the occupier in relation to hazardous processes Section 41D. Power of Central Government to appoint Inquiry Committee. Section 41E. Emergency standards. Section 41F. Permissible limits of exposure of chemical and toxic substances. Section 41G. Workers' participation in safety management. Section 41H. Right of workers to warn about imminent danger.
Section 42. Washing facilities. Section 43. Facilities for storing and drying clothing. Section 44. Facilities for sitting. Section 45. First-aid-appliances. Section 46. Canteens. Section 47. Shelters, rest-rooms and lunch-rooms. Section 48. Creches . Section 49. Welfare Officers.
Section 51. Weekly hours. Section 52. Weekly holidays. Section 53. Compensatory holidays. Section 54. Daily hours. Section 55. Intervals for rest. Section 56. Spread over. Section 57. Night shifts. Section 58. Prohibition of overlapping shifts.
Section 59. Extra wages for overtime. Section 60. Restriction on double employment. Section 61. Notice of periods of work for adults. Section 62. of adult workers. Section 63. Hours of work to correspond with notice under section 61 and under section 62. Section 64. Power to make exempting rule. Section 65. Power to make exempting orders . Section 66. Further restriction on employment of women.
In case of any exemption, under Section 64, the state government shall not exceed the following limits of work, inclusive of over-time
The total no. of hours of work in any day shall not exceed 10
The spread over, inclusive of the interval of rest, shall not exceed 12 houra in any day
The total no. of hours in a week, including over time shall not exceed 60
The total no. of hours of over time shall not exceed 50 in any quarter
The main restrictive provisions of the Act about women & children employment under Section 66 to 71 are:
A woman worker can not be employed except between the hours of 6 a.m. to 7. p.m.
The employment of child below 14 yrs is strictly prohibited
A child between 14 to 15 yrs of age can be employed for a maximum period of 4 ½ hours in a day
A child can not be employed during night (From 10 p.m. to 6 a.m.)
A child worker must have fitness certificate granted by a Certifying
• • • • • • • • • • •
Section 67. Prohibition of employment of young children. 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. Section 72. Notice of period of work for children. Section 73. of child workers. Section 74. Hours of work to correspond with notice under section 72 and under section 73. Section 75. Power to require medical examination. Section 76. Power to make rules. Section 77. Certain other provisions of law not barred.
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 issible 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
In case of a worker who is discharged or dismissed from service, quits or dies while in service, he or his heir or nominees must be paid wages in lieu of annual leave. In such case, the annual leave is to be calculated at the same rate as above but irrespective of whether the worker has worked for 240 days or not.
Section 78. Application of Chapter Section 79. Annual leave with wages. 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.
• • • • • • • • • •
Section 85. Power to apply the Act to certain premises. Section 86. Power to exempt public institution. Section 87. Dangerous operations. Section 87A. Power to prohibit employment on of serious hazard. Section 88. Notice of certain accident Section 88A. Notice of certain dangerous occurrences. Section 89. Notice of certain diseases. Section 9lA. Safety and occupational health surveys. Section 90. Power to direct inquiry into cases of accident or disease. Section 91. Power to take samples.
• • • • • • • • • •
Section 92. General penalty for offences Section 93. Liability of owner of premises in certain circumstances. Section 94. Enhanced penalty after previous conviction. Section 95. Penalty for obstructing inspector. Section 96. Penalty for wrongfully disclosing results of analysis under section 91 Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.Section 97. Offences by workers Section 98. Penalty for using false certificate of fitness Section 99. Penalty for permitting double employment of child. Section 100.- Omitted by Act 20 of 1987
OFFENCES
PENALTIES
For contravention of the Provisions Imprisonment up to 2 years or fine of the Act or Rules up to Rs.1,00,000 or both On Continuation of contravention
Rs.1000 per day
On contravention of Chapter IV Not less than Rs.25000 in case of pertaining to safety or dangerous death. operations. Subsequent contravention of some Not less than Rs.5000 in case of provisions serious injuries. Obstructing Inspectors
Imprisonment up to 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.
Wrongful disclosing result pertaining Imprisonment up to 6 months or fine to results of analysis. 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
Imprisonment up to 7 years with fine up to Rs.2,00,000 and on continuation fine @ Rs.5, 000 per day.
Section 101. Exemption of occupier or manager from liability in certain cases. Section 102. Power of court to make orders. Section 103. Presumption as to employment. Section 104. Onus as to age. Section 104A. Onus of proving limits of what is practicable, etc. Section 105. Cognizance of offences. Section 106. Limitation of prosecution. Section 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.
Section 107. Appeals. Section 108. Display of notices. Section 109. Service of notices. Section 110. Returns. Section 111. Obligations of workers. 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.
Under Section 111, various obligations of a worker are:
A worker shall not interfere with or misuse any appliance or other thing provided for the purpose of securing the health, safety or welfare of the workers.
A worker shall not willfully and without reasonable cause do anything likely to endanger himself or others
A worker shall not willfully neglect to make use of any appliance or other thing provided for the purpose of securing the health or safety of the workers.
On contravention of above provisions, the worker shall be punishable with imprisonment upto 3 months, or with fine upto Rs. 100 or with both
Section 116. Application of Act to Government factories. Section 117. Protection of the persons acting under this Act. Section 118. Restriction on disclosure of information. Section 118A. Restriction on disclosure of information. Section 119. Act to have effect notwithstanding anything contained in Act 37 of 1970. Section 120. Repeal and savings.
This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was ed 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 Rage Committee, the Govt. of India enacted Factories Act, 1948 This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
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 manufacturing process being carried out without the aid of power
in
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, or other similar processes; or
Constructing, reconstructing, repairing, refitting or breaking up ships or vessels; or
Preserving or storing any article in cold storage
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:-
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
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 thereof shall be deemed to be the Occupier In case of a company, any one of the directors shall be deemed to be the occupier In case of a factory owned or controlled by the Central govt. or state govt. or any local authority, the person/s appointed to manage the affairs of the factory shall be deemed to be the occupier.
CHAPTER I.- Preliminary CHAPTER II.- The Inspecting Staff CHAPTER III.- Health CHAPTER IV.- Safety CHAPTER IVA.- Provisions relating to Hazardous processes CHAPTER V.- Welfare CHAPTER VI.- Working hours of adults CHAPTER VII.- Employment of young persons CHAPTER VIII.- Annual leave with wages CHAPTER IX.- Special provisions CHAPTER X.- Penalties and procedure CHAPTER XI.- Supplemental
CHAPTER I.- Preliminary
Section 1. Short title, extent and commencement. Section 2. Interpretation Section 3. Reference to time of day Section 4. Power to declare different departments to be separate factories or two or more factories to be a single factory Section 5. Power to exempt during public emergency Section 6. Approval, licensing and registration of factories. Section 7. Notice by occupier.
Section 7A. General duties of the occupier. Section 7B. General duties of manufacturers, etc., as regards articles and sub-stances for use in factories. Section 8. Inspectors. Section 9. Powers of Inspectors. Section 10. Certifying Surgeons.
CHAPTER III.- Health
Section 11. Cleanliness Section 12. Disposal of wastes and effluents Section 13. Ventilation and temperature Section 14. Dust and fume Section 15. Artificial humidification. Section 16. Overcrowding
• • • •
Section 17. Lighting. Section 18. Drinking water. Section 19. Latrines and urinals Section 20. Spittoons
CHAPTER IV.- Safety • • • • • •
Section 21. Fencing of machinery Section 22. Work on or near machinery in motion. Section 23. Employment of young persons on dangerous machines Section 24. Striking gear and devices for cutting off power. Section 25. Self-acting machines. Section 26. Casing of new machinery
Section 27. Prohibition of employment of women and children near cotton-openers. Section 28. Hoist and lifts. Section 29. Lifting machines, chains, ropes and lifting tackles. 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 Section 35. Protection of eyes Section 36. Precautions against dangerous fumes, gases, etc. Section 36A. Precautions regarding the 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 machinery. Section 40A. Maintenance of buildings. Section 40B. Safety Officers. Section 41. Power to make rules to supplement this Chapter.
Section 41A. Constitution of Site Appraisal Committees. Section 41B. Compulsory disclosure of information by the occupier. Section 41C. Specific responsibility of the occupier in relation to hazardous processes Section 41D. Power of Central Government to appoint Inquiry Committee. Section 41E. Emergency standards. Section 41F. Permissible limits of exposure of chemical and toxic substances. Section 41G. Workers' participation in safety management. Section 41H. Right of workers to warn about imminent danger.
Section 42. Washing facilities. Section 43. Facilities for storing and drying clothing. Section 44. Facilities for sitting. Section 45. First-aid-appliances. Section 46. Canteens. Section 47. Shelters, rest-rooms and lunch-rooms. Section 48. Creches . Section 49. Welfare Officers.
Section 51. Weekly hours. Section 52. Weekly holidays. Section 53. Compensatory holidays. Section 54. Daily hours. Section 55. Intervals for rest. Section 56. Spread over. Section 57. Night shifts. Section 58. Prohibition of overlapping shifts.
Section 59. Extra wages for overtime. Section 60. Restriction on double employment. Section 61. Notice of periods of work for adults. Section 62. of adult workers. Section 63. Hours of work to correspond with notice under section 61 and under section 62. Section 64. Power to make exempting rule. Section 65. Power to make exempting orders . Section 66. Further restriction on employment of women.
In case of any exemption, under Section 64, the state government shall not exceed the following limits of work, inclusive of over-time
The total no. of hours of work in any day shall not exceed 10
The spread over, inclusive of the interval of rest, shall not exceed 12 houra in any day
The total no. of hours in a week, including over time shall not exceed 60
The total no. of hours of over time shall not exceed 50 in any quarter
The main restrictive provisions of the Act about women & children employment under Section 66 to 71 are:
A woman worker can not be employed except between the hours of 6 a.m. to 7. p.m.
The employment of child below 14 yrs is strictly prohibited
A child between 14 to 15 yrs of age can be employed for a maximum period of 4 ½ hours in a day
A child can not be employed during night (From 10 p.m. to 6 a.m.)
A child worker must have fitness certificate granted by a Certifying
• • • • • • • • • • •
Section 67. Prohibition of employment of young children. 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. Section 72. Notice of period of work for children. Section 73. of child workers. Section 74. Hours of work to correspond with notice under section 72 and under section 73. Section 75. Power to require medical examination. Section 76. Power to make rules. Section 77. Certain other provisions of law not barred.
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 issible 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
In case of a worker who is discharged or dismissed from service, quits or dies while in service, he or his heir or nominees must be paid wages in lieu of annual leave. In such case, the annual leave is to be calculated at the same rate as above but irrespective of whether the worker has worked for 240 days or not.
Section 78. Application of Chapter Section 79. Annual leave with wages. 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.
• • • • • • • • • •
Section 85. Power to apply the Act to certain premises. Section 86. Power to exempt public institution. Section 87. Dangerous operations. Section 87A. Power to prohibit employment on of serious hazard. Section 88. Notice of certain accident Section 88A. Notice of certain dangerous occurrences. Section 89. Notice of certain diseases. Section 9lA. Safety and occupational health surveys. Section 90. Power to direct inquiry into cases of accident or disease. Section 91. Power to take samples.
• • • • • • • • • •
Section 92. General penalty for offences Section 93. Liability of owner of premises in certain circumstances. Section 94. Enhanced penalty after previous conviction. Section 95. Penalty for obstructing inspector. Section 96. Penalty for wrongfully disclosing results of analysis under section 91 Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.Section 97. Offences by workers Section 98. Penalty for using false certificate of fitness Section 99. Penalty for permitting double employment of child. Section 100.- Omitted by Act 20 of 1987
OFFENCES
PENALTIES
For contravention of the Provisions Imprisonment up to 2 years or fine of the Act or Rules up to Rs.1,00,000 or both On Continuation of contravention
Rs.1000 per day
On contravention of Chapter IV Not less than Rs.25000 in case of pertaining to safety or dangerous death. operations. Subsequent contravention of some Not less than Rs.5000 in case of provisions serious injuries. Obstructing Inspectors
Imprisonment up to 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.
Wrongful disclosing result pertaining Imprisonment up to 6 months or fine to results of analysis. 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
Imprisonment up to 7 years with fine up to Rs.2,00,000 and on continuation fine @ Rs.5, 000 per day.
Section 101. Exemption of occupier or manager from liability in certain cases. Section 102. Power of court to make orders. Section 103. Presumption as to employment. Section 104. Onus as to age. Section 104A. Onus of proving limits of what is practicable, etc. Section 105. Cognizance of offences. Section 106. Limitation of prosecution. Section 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.
Section 107. Appeals. Section 108. Display of notices. Section 109. Service of notices. Section 110. Returns. Section 111. Obligations of workers. 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.
Under Section 111, various obligations of a worker are:
A worker shall not interfere with or misuse any appliance or other thing provided for the purpose of securing the health, safety or welfare of the workers.
A worker shall not willfully and without reasonable cause do anything likely to endanger himself or others
A worker shall not willfully neglect to make use of any appliance or other thing provided for the purpose of securing the health or safety of the workers.
On contravention of above provisions, the worker shall be punishable with imprisonment upto 3 months, or with fine upto Rs. 100 or with both
Section 116. Application of Act to Government factories. Section 117. Protection of the persons acting under this Act. Section 118. Restriction on disclosure of information. Section 118A. Restriction on disclosure of information. Section 119. Act to have effect notwithstanding anything contained in Act 37 of 1970. Section 120. Repeal and savings.
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