Factories Act 1q4826
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Factory Act 1948 1. Government regulation o the working condition in factories begins in India in 1881 when the first Indian factories Act was ed. 2. This act was substantially amended in 1934 on the basis ob the recommendations of the Royal commission on labour. 3.
The act of 1934 dividend factories into two categories-seasonal and perennial.
4.
This act was amended several times.
5. On the eve of independence the national government announced far reaching legislative program for the welfare of workers. 6.
As a part of this program, the factories act 1948 was ed.
7. The factories act 1948 is comprehensive in nature and through it the government has tried to implement as many provisions of the ILO code of industrial hygiene as were practicable under Indian conditions. 8.
The factories act was substantially amended in 1976.
9.
Since then there has been substantial modernization and innovation in the industrial field.
10. Provisions have also been made for the workers participation in safety management. Objectives: The main objective of the factories act is to regulate conditions of work in manufacturing establishing and to ensure adequate safety sanitation, health, working hours, leave with wages and weekly holidays for workers employed in such establishment.
The act is a protective legislation. It also regulates employment of women and young persons in factories. The factories ac 1948 came into force on April 1st, 1948. It applies to factories all over India. Unless otherwise stated this act shall apply to factories belonging to central and state governments.
Definition of Factory According to Sec 2 (m) factory means: In simple words, a factory is a premise whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process.
Whereon 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on. The first Factories Act in India was ed in 1881. It was designed primarily to protect children and to provide for some health and safety measures. It was followed by new Acts in 1891, 1911 & 1934. The act of 1934 was ed to implement the recommendations of the Royal Commission on Labour in India & the conventions of the International Labour Organization. Hence the Factories Act of 1948. The Act makes detailed provisions regarding health, safety and welfare of workers, working hours of adults, employment of young persons (which includes children & adolescents), annual leave with wages, and so on. The Act of 1948 not only consolidated but also amended the law regulating labour in factories. It came into force on 1st April, 1949. In farming the new Act, the labour Minister stated in the Legislature on 30th January, 1948 that the Government had tried to implement as many of the provisions of the I.L.O code of industrial hygiene as were practicable under Indian conditions and the provisions relating to periodical medical examination of young persons and the submission of plans of factory buildings recommended under the International Labour Conventions. Its objective is to regulate the conditions of work in manufacturing establishment which come within the definition of the term „factory‟ as used in the Act. Unless otherwise provided, it also applies to factories belonging to the central or state Government (sec. 116). The Act was substantially amended in 1987. Some provisions of the Amending Act came into force with effect from 1st Dec, 1987 & others from 1st June, 1988. Objects of the Acts: The Act is a piece of social welfare legislation. It governs working conditions of workmen in factories. It deals mainly with: 1. Health, welfare and safety of workmen: The Act aims to protect workers employed in factories against industrial and occupational hazards and to ensure safe and healthy conditions of life and work. It makes detail provisions regarding health, safety and welfare of workers in order to provide good working conditions and other facilities to enhance their welfare. 2. Working hour‟s of adults and annual leave with wages: the Act imposes certain restriction as to hour‟s of work and also makes provision for leave and rest. 3. Employment of women and young persons: the Act makes stringent provisions, particularly with regard to length of working hours, in regard to women and young persons. Health, Safety and Welfare:
The Act makes detailed provisions in regard to various matters relating to health, safety and welfare of the worker. These provisions impose upon the occupiers or managers certain obligations:1. To protect workers, unwary as well as negligent, from accident, and 2. To secure for them in employment, conditions conducive to their health, safety, and welfare. These provisions also require the occupiers or managers to maintain inspection staff and to make provision for maintenance of health, cleanliness, prevention for over crowding and amenities like lighting, ventilation, drinking water, etc. The factories act with regard to the Health of workers: The Act deals with the provisions ensuring the health of the workers in the conditions under which work is carried on in factories. These provisions are as follows: 1. Cleanliness (Sec.11): Factory to be kept clean and free from effluvia and dirt.
Every factory shall be kept clean and free from effluvia arising from any drain, privy, or other nuisance. Accumulation of dirt and refuse shall be removed daily by some effective method. Effective means of drainage. Where a floor is liable to become wet in the course of any manufacturing process to such an extent as is capable of being drained, effective means of drainage shall be provided. Use of disinfectants, etc., painting and varnishing. Use of disinfectants, detergents, painting, repainting and varnishing, revarnishing, whitewashing or colourwashing shall be resorted to.
1. All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of ages and staircases where they are painted otherwise than with washable waterpaint or varnished, shall be repainted at least once in every 5 years. 2. The dates on which these processes are carried out shall be entered in the prescribed . 3. Further all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every 5 years.
Exemption: If, in view of the nature of the operations carried on in a factory or class or description of factories, it is not possible for the occupier to comply with the above provisions, the state government may by order exempt such factory or class or description of factories or part of a factory from any of these provisions and specify alternative methods for keeping the factory in a clean state.
2. Disposal of wastes and effluents (Sec.12):
1. Treatment of wastes and effluents and their disposal. Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal. 2. Rules by the State Government prescribing arrangements. The state Government may make rules prescribing the arrangements to be made in this regard. It may also require that such arrangements shall be approved by such authority as may be prescribed. 3. Ventilation and temperature: (Sec.13) 1) Maintenance of adequate ventilation and temperature. Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom
Adequate ventilation by the circulation of fresh air, and Such a temperature as will secure to workers there in reasonable conditions of comfort and prevent injury to health.
2) Process producing high temperature to be separated. The walls and roofs shall be of such materials and so designed that the temperature shall not be exceeded but kept as low as practicable. The process which produces high temperatures shall be separated from the workroom, by insulating the hot parts or by other effective means. 3) Standard of adequate ventilation and temperature to be prescribed and provision of measuring instruments. The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory. It may further direct that proper measuring instruments shall be provided and such records as may be prescribed shall be maintained. The walls and roofs must be of such material and so designed that the temperature shall not exceed but kept as law as practicable. The process which products high temperatures shall be separated from the work room, by insulating the hot part or by other effective means. 4. Dust and fume (Sec.14): Effective measures shall be taken in every factory for prevention of inhalation or accumulation of dust and fumes in work rooms. In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air. 5. Artificial humidification (Sec.15): In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules prescribing standards of humidification. It shall also make rules prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the work room. In any factory in which the humidity of the air is artificially increased the water used for the purpose shall be taken from a public supply or other source of drinking water, or shall be effectively purified before it is so used. 6. Overcrowding (Sec.16): There must not be overcrowding in any room of the factory to the extend injurious to the health of the workers employed therein. There must be at least 350 cubic
feet (in respect of factories in existence before 1st April 1949) and 500 cubic feet (in respect of factories built after the commencement of the Act i.e., 1st April 1949) of space every worker. If the Chief Inspector by order in writing so requires, there shall be posted in each work room of a factory a notice specifying the number or workers who may be employed in the room. 7. Lighting (Sec.16): 8. Drinking water (Sec.18) 9. Latrines and Urinals (Sec.19) 10. Spittoons (Sec.20) The factories act with regard to the safety of workers: Sections 21 to 40 lay down the provisions with regard to the safety of workers. The following are the provisions:1) Fencing of machinery Sec.21): In every factory, every dangerous part of any machinery shall be securely fenced by safeguards of substantial constructions, which shall be kept in position while the part of machinery they are fencing are in motion or in use. The expression dangerous parts means any reasonably be anticipated, even if such danger would airse from negligence or some outside source. 2) Work on or near machinery in motion (Sec.22): Wherein any factory it becomes necessary to examine any part of machinery while the machinery is in motion, such examination shall be made only by a specially trained adult male worker wearing tight fighting clothing. 3) Employment of young persons on dangerous machines (Sec.23) : No young person shall work on any machine to which this section applies unless he has been fully instructed as to the dangers arising in connection with the machines and the precautions to be observed and has received sufficient training to work on the machine. 4)
Striking gear and devices for cutting off power (Sec.24)
5)
Self-acting machines (Sec.25)
6)
Casing of new machinery (Sec.25)
7)
Prohibition of employment of women and children near cotton openers (Sec.27)
8)
Hoists and Lifts (Sec.28)
9)
Lifting machines, chains, ropes and lifting tackles(Sec.29)
10) Revolving machinery (Sec.30) 11) Pressure point (Sec.31) 12) Floors, Stairs, and means of access (Sec.32) 13) Protection of eyes (Sec.35) 14) Precautions in case of fire (Sec.38) 15) Safety of Buildings and machinery (Sec.40) The welfare facilities to be provided in a factory under the factories act, 1948: Sec 42 to 50 of the Factories Act, 1948 deal with the welfare of the workers. 1) Washing facilities (sec. 42) in every factory adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein. Such facilities conveniently accessible & shall be kept clean. 2) Facilities for storing & drying clothing (Sec.43) State Government may in respect of any factory, make rules requiring the provisions therein of suitable place for keeping clothing not worn during working hours & for the drying of wet clothing. 3) Facilities for sitting (Sec 44) In every factory suitable arrangements for sitting shall be provided & maintained for all workers who are obliged to work in a standing position. This has been done in order that the workers may take advantage of the opportunities for rest which may occur in the course of their work. 4) First-aid appliance (Sec.45) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents and the number of 6such boxes or cupboards to be provided and mainted shall not be less than one for every 50 workers. 5)
Canteen (Sec. 46)
6) Shelter, rest room and lunch rooms (Sec 47)
The Factories Act regarding the Working hours of adults: 1. Weakly hours (sec.51) No adult worker can be required to work or allowed to work in a factory for more than 48 hours in any week. 2. Weekly holiday (sec.52) Every adult worker in a factory must be allowed a holiday during the week.
3. Compensatory holiday (sec. 53) Where a worker is deprive an equal numbered of any of the weekly holidays under sec. 52, he shall be allowed compensatory holiday of an equal number to the holiday so lost. That holiday allowed within two months immediately following that month. 4. Daily hours (sec. 54) Subject to the provisions of sec. 51, no adult worker shall be required to work in a factory for more than 9 hours in a day. 5. Intervals for rest (Sec. 55) The periods of work of adult workers in a factory shall be so fixed each day that no period shall exceed five hours before he had an interval for rest of at least half an hours. 6. Nightshift (sec.57) 7. Prohibition of overlapping shifts (sec. 590) 8. Extra wage for overtime (sec. 59) 9. Notice of period of work for adult 9sec. 61) Further restrictions on employment of women (sec. 66) FACTORIES ACT, 1948 : FACTORIES ACT, 1948 This Act may be called the Factories Act, 1948. April, 1949
It extends to the whole of India
It shall came into force on the 1st day of
Definitions : Definitions "adult" means a person who has completed his eighteenth year of age "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year child means a person who has not completed his fifteenth year of age young person" means a person who is either a child or an adolescent Definitions : Definitions “day" means a period of twenty-four hours beginning at midnight; "week" means a period of seven days beginning at midnight on Saturday night "calendar year" means the period of twelve months beginning with the first day of January in any year "power" means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; "prime mover" means any engine, motor or other appliance which generates or otherwise provides power; Definitions : Definitions "manufacturing process" means any process for- (i) 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 (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (vi) preserving or storing any article in cold storage; Definitions : Definitions "worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or but does not include any member of the armed forces of the Union Definitions : Definitions "factory" means any premises including the precincts thereof- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on Definitions : Definitions "occupier" of a factory means the person who has ultimate control over the affairs of the factory in the 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 the case of a company, any one of the directors shall be deemed to be the occupier; in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person appointed to manage the affairs of the factory Government shall be deemed to be the occupier
4. Power to declare different departments to be separate factories or two or more factories to be a single factory : 4. Power to declare different departments to be separate factories or two or more factories to be a single factory The State Government may, on its own or on an application made by an occupier, direct that different departments or branches of a factory shall be treated as separate factories or two or more factories shall be treated as a single factory 5. Power to exempt during public emergency : 5. Power to exempt during public emergency In case of public emergency the State Government may, exempt any factory from all or any of the provisions of this Act for such period and subject to such conditions as it may think fit No such notification shall be made for a period exceeding three months at a time. 6. Approval, licensing and registration of factories : 6. Approval, licensing and registration of factories Making application to the government If on an application for permission accompanied by the plans and specifications required by the rules sent to the State Government or Chief Inspectors by ed post, And no order is communicated to the applicant within three months from the date on which it is so sent, the permission shall be deemed to have been granted. If the application is rejected appeal can be made to the government within thirty days of the date of such rejection. 7. Notice by occupier : 7. Notice by occupier (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send a notice to the Chief Inspector containing- (a) The name and situation of the factory; (b) the name and address of the occupier; (bb) the name and address of the owner of the premises (c) the address to which communications relating to the factory may be sent; (d) the nature of the manufacturing process (e) the total rated horse power installed or to be installed in the factory (f) the name of the manager of the factory for the purposes of this Act (g) the number of workers likely to be employed in the factory (i) such other particulars as may be prescribed. 7A. General duties of the occupier : 7A. General duties of the occupier occupier shall ensure, the health, safety and welfare of all workers while they are at work in the factory. every occupier shall prepare, a written statement of his general policy with respect to the health and safety of the workers bring such statement and any revision thereof to the notice of all the workers 8. Inspectors of Factory : 8. Inspectors of Factory State government may appoint Chief Inspector Additional Chief Inspectors, t Chief Inspectors and Deputy Chief Inspectors and Inspectors of factory Prescribe their duties and qualifications Every District Magistrate shall be an Inspector for his district Every inspector is deemed to be a public servant within the meaning of the Indian Penal Code 9. Powers of Inspectors : 9. Powers of Inspectors Enter factory premises for investigation Examine the premises inquire into any accident or dangerous occurrence require the production of any prescribed or document seize, or take copies of, any , 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 10. Certifying surgeons : 10. Certifying surgeons State Government may appoint qualified medical practitioners to be certifying surgeons Duties of surgeons a) the examination and certification of young persons under this Act; (b) the examination of persons engaged in factories in such dangerous occupations or processes C) supervising the factories where (i) cases of illness have occurred which are due to the nature of the manufacturing process or (ii) due to manufacturing process there is a likelihood of injury to the health of workers or (iii) young persons are employed in any work which is likely to cause injury to their health. 11. Cleanliness : 11. Cleanliness Every factory shall be kept clean and free from effluents accumulation of dirt and refuse shall be removed daily floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant effective means of drainage shall be provided and maintained all inside walls and partitions, ceilings, doors, windows shall be painted at prescribed intervals 12. Disposal of wastes and effluents : 12. Disposal of wastes and effluents Effective arrangements shall be made for the treatment of wastes and effluents caused due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal. 13. Ventilation and temperature : 13. Ventilation and temperature suitable provision shall be made in every factory for adequate ventilation by the circulation of fresh air such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable
14. Dust and fume : 14. Dust and fume effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible. 15. Artificial humidification : 15. Artificial humidification factories in which the humidity of the air is artificially increased State government shall prescribe the standard of humidification the water used for the purpose shall be taken from a public supply, or other source of drinking water, shall be effectively purified before it is so used. 16. Overcrowding : 16. Overcrowding There shall be 4.2 cubic metres of space for every worker employed therein, and for this purpose no shall be taken of any space which is more than 4.2 metres above the level of the floor of the room. notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises 17. Lighting : 17. Lighting In every part of a factory sufficient lighting shall be maintained all glazed windows and skylights used for the lighting of the workroom shall be kept clean provision shall, be made for the prevention of glare, either directly from a source of light or by reflection from a smooth or polished surface formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented. 18. Drinking water : 18. Drinking water Adequate facilities for wholesome drinking water shall be made at convenient places in the factory All such points shall be legibly marked "drinking water” no such point shall be situated within six metres of any washing place, urinal, latrine, spittoon, open drain carrying silages or effluent or any other source of contamination. Factories wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather 19. Latrines and urinals : 19. Latrines and urinals sufficient latrine and urinal of prescribed types shall be provided separately for male and female workers They should be properly lighted and ventilated, and no latrine or urinal shall, communicate with any workroom except through an intervening open space or ventilated age be maintained in a clean and sanitary condition at all times; sweepers shall be employed to clean latrines, urinals and washing places. 20. Spittoons : 20. Spittoons In every factory sufficient number of spittoons shall be maintained in convenient places and they shall be maintained in a clean and hygienic condition. No person shall spit within the premises of a factory except in the Spittoons provided for the purpose Whoever spits in places other than spittoons within factory premises shall be punishable with fine not exceeding five rupees. 23. Employment of young persons on dangerous machines : 23. Employment of young persons on dangerous machines No young person shall be allowed to work at any dangerous machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed has received sufficient training in work at the machine, or is under adequate supervision by a person who has a through knowledge and experience of the machine. 27. Prohibition of employment of women and children near cotton-openers : 27. Prohibition of employment of women and children near cotton-openers No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work without prior approval of the inspector of factories CHAPTER V : WELFARE : CHAPTER V : WELFARE facilities for washing shall be provided and maintained for the use of the male and female workers separately such facilities shall be conveniently accessible and shall be kept clean Facilities for storing and drying cloth suitable arrangements for sitting shall be provided and maintained for all workers first-aid boxes or cupboards, equipped with the prescribed contents one for every one hundred and fifty workers in charge of a person trained in first aid. Ambulance room in every factory wherein more than five hundred workers are employed Canteen in the factory wherein more than two hundred and fifty workers are ordinarily employed, Rest room/lunch room in factories employing more than one hundred and fifty workers with provision for drinking water, where workers can eat meals brought by them CHAPTER V : WELFARE : CHAPTER V : WELFARE Creche facility if more than thirty women are employed (for the children below six years of age of such working women). Adequately spaced, lighted and ventilated Milk and refreshments for the children To be in charge of a trained female staff Allowing mothers to feed the kids at periodic intervals Welfare Officer for factory wherein five hundred or more workers are employed CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OF ADULTS 51. Weekly hours Not more than 48 hours a week 52. First day of the week shall be a weekly holiday or one of the days three days before or after the said first day. A notice is delivered to the inspector of factories A notice is displayed in the factory notice board Cannot be
allowed to work continuously for more than ten days without a full day holiday 53. Compensatory holidays Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a month. CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OF ADULTS 54. Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day 55. Intervals for rest-no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. Inspector may increase it upto six hours 56. Spread over -inclusive of rest intervals they shall not spread over more than ten and a half hours in any day Inspector may increase the spread over up to 12 hours 59. Extra wages for overtime-wages at the rate of twice his ordinary rate of wages 60. Restriction on double employment-No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory 61. Notice of periods of work for adults should be displayed in the notice board. CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OF ADULTS 62. of adult workers of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing,- (a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; and (e) such other particulars as may be prescribed : Women not to work at night : Women not to work at night prohibition of women workers at night shift women shall not be allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.. The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M. 67. Prohibition of employment of young children Children who have not completed at least 14 years of age are not allowed to work in factory for children above 14 years of age and adolescent persons certificate of fitness issued by the certifying surgeons is required for working in the factory. Children and adolescents are not allowed to work in night shift 71, 72 & 73. Working hours for children : 71, 72 & 73. Working hours for children No child shall be employed in any factory for more than four and a half hours in any day. during the night. there shall not be more than two shifts for children Shifts shall not be changed in less than a month time No female child shall be allowed to work except between 8 A.M. and 7 P.M Notice of working hours for children should be properly displayed in the notice board of children employed should be maintained in prescribed form. CHAPTER VIII : ANNUAL LEAVE WITH WAGES : CHAPTER VIII : ANNUAL LEAVE WITH WAGES Every worker who has worked for at least 240 days in a year will be eligible for leave with wages as under if an adult, one day for every twenty days of work performed if a child, one day for every fifteen days of work performed This is exclusive of all holidays Such leave is encashable in case of retirement, resignation, death, disablement leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child Fifteen days notice is required for sanction and availing leave (30 days in public utility) Can be availed upto three times in a year Un availed leave cannot be adjusted against notice period for dismissal/discharge Such leave shall be with full pay
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Factories Act, 1948 - Presentation Transcript
Factories Act, 1948 AFTERSCHO ☺ OL – DEVELOPING CHANGE MAKERS CENTRE FOR SOCIAL ENTREPRENEURSHIP PGPSE PROGRAMME – World’ Most Comprehensive programme in social entrepreneurship & spiritual entrepreneurship OPEN FOR ALL FREE FOR ALL www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS 2. Factories Act, 1948 Dr. T.K. Jain. AFTERSCHO ☺ OL Centre for social entrepreneurship Bikaner M: 9414430763 [email_address] www.afterschool.tk , www.afterschoool.tk www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS 3. What is a factory? o any premises where 10 or more workers are working and a manufacturing process is carried out with aid of power (20 if manufacture is without aid of power). [section 2(m)]. 4. What is a manufacturing process? o Manufacturing process‘ means process of altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance. It also includes * pumping oil, water, sewage or any other substance * Generating, transforming or transmitting power * Composing, typing, printing * Constructing, repairing, breaking of ships or vessels * Preserving articles in cold storage. [section 2(k)]. 5. Who is a worker? o a person employed in any manufacturing process or cleaning or any work incidental to manufacturing process. It includes persons employed through contractor. [section 2(l)]. 6. Who is the occupier? o the person who has ultimate control over the affairs of factory. It includes a partner in case of firm and director in case of a company. In case of Government company, 'occupier' need not be a director. In that case, person appointed to manage affairs of the factory shall be occupier‘. [section 2(n)]. Name of 'occupier' of the factory should be informed to Factories Inspector. The 'occupier' will be held responsible if provisions of Factories Act are not complied with. He has to give notice 15 days before he begins to occupy the premises as a factory, giving details as prescribed in section 7. 7. Duties of the occupier… o The occupier shall ensure, as far as possible, health, safety and welfare of workers while they are working in factory. [section 7A]. 8. Restrictions on employment of women? o A woman worker cannot be employed beyond the hours 6 a.m. to 7.00 pm. State Government can grant exemption to any factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM. Shift change can be only after weekly or other holiday and not in between. [section 66]. 9. Record of the workmen… o A (muster roll) of all workers should be maintained. No worker should be permitted to work unless his name is in the . Record of overtime is also required to be maintained. [section 62]. 10. Earned leave to the worker… o A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days. o Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered, 11. Leave to worker… o Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. Leave issible is exclusive of holidays occurring during or at either end of the leave period. Wage for period must be paid before leave begins, if leave is for 4 or more days. [section 81]. Leave cannot be taken for more than three times in a year. 12. Child below age of 14 cannot be employed. [section 67]. Child above 14 but below 15 years of age can be employed only for 4.5 hours per day or during the night. [section 71]. He should be certified fit by a certifying surgeon. [section 68]. He cannot be employed during night between 10 pm to 6 am. [section 71]. A person over 15 but below 18 years of age is termed as adolescent‘. He can be employed as an adult if he has a certificate of fitness for a full day's work from certifying surgeon. 13. Notice of abstract of Factories Act. o A notice containing abstract of the Factories Act and the rules made thereunder, in English and local language should be displayed. Name and address of Factories Inspector and the certifying surgeon should also be displayed on notice board. [section 108(1)]. 14. Notice of accidents… o Notice of any accident causing disablement of more than 48 hours, dangerous occurrences and any worker ing occupational disease should be informed to Factories Inspector. [section 88]. Notice of dangerous occurrences and specified 15. HEALTH PROVISIONS… o Chapter III of Factories Act contain details rearding health of workers. Let us discuss these provisions… 16. CLEANLINESS…. 1.
o o o o o o
Section 11 – the working conditions should be clean and safe. Clean the floor once a week at least White wash every 14 weeks Paint / varnish every 5 years Daily sweeping of coloring must be maintained (as per factories act) 17. Disposal of wastes and effluents… o There should be proper arrangements or disposal of wastes and effluents. o (sec. 12) o Follow stage govt. rules… 18. Ventilation and temperature…. o Proper level of ventilation temperature and humidity must be maintained. o Make provisions for reducing excess heat. 19. Dust and fumes…. o Effective measures shoud be taken to minimise dust. o (section 14) 20. Artificial Humidification o Sec. 15 : if you maintain artificial humidification (like in textile units), keep it in limits. 21. Overcrowding … o Section : 16 : 14.2 cubic space per worker. While calculating this space, space above the worker beyond 4.2 meters will not be taken into . 22. Lighting … o Section 17 : there should be adequate and sufficient lighting. There should natural lighting as far as possible. 23. Drinking water… o Section 18 : there should be drinking water (wholesome water) o They should be at convenient location, marked as drinking water. They should be at least 6 meters away from washer room / rest room o If >250 workers are working, then have cool water facility also. 24. Latrines and Urines… o Sect. 19 o There should be separate – for male and female. o Proper cleaning should be there. 25. Spitoons… o Section 20 : o There should be sufficient number of spitoons. 26. SAFETY OF WORKERS.. o CHAPTER IV DEALS WITH SAFETY OF WORKERS… 27. Fencing of machinary… o Section (21) o Every dangerous parts must be securely fenced. 28. Machines in motions… o Section 22 : there should be examination of machines in motion. They should be properly examined. o No women or child should be allowed to work on prime mover etc. when it is in motion. 29. Employment of young persons on dangerous machines… o Sec. 23: no young person should be allowed to work on dangerous person (unless he has been trained, and is under supervision). o Young person = 14 to 18. 30. Striking gears.. o Section 24 : there should be suitable striking gears etc. to switch off the power,, so that if there is any emergency, we may be able to solve the problem. 31. Self acting machines… o Section 25 : make sure that no person should walk in a space where self action machines are in motion. 32. Casing of new machines… o Section 26 : there should be casing of new machines, its dangerous parts etc. 33. Cotton operners… o Section : 27 : women and children are not allowed to work on cotton openers. 34. Hoists and lifts… o Section 28: every hoist and lift should be in good condition, and properly checked. The maximum load it can carry – must be clearly mentioned. The gates should be locked by interlocking / safe method (it should not open in between). o These should be thoroughly examined every 12 months 35. Revolving machines…
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Section 30 : Maximum safe speed must be mentioned for each machine.The maximum speed about revolving machine must be mentioned. 36. Pressure plant… o Section 31 : there should be safe working pressure on pressure plants. 37. Stairs etc. o Section 32 : safety etc. should be of sound construction 38. Pits etc. o Section : 33 : pits, stumps etc. should be covered and safe. 39. Excessive weight.. o Section 34 : no person should be employed to hold more weight than the person can hold. 40. Eyes.. o Section: 35 : give goggles if workers have to work on something stretching to the eyes. 41. Dangerous fumes etc… o Section 35 says that don’t employ workers in places where dangerous flame / fumes could be there. 42. Portable electric light… o Sect : 36A : It should not be above 24 volts 43. Explosives… o Section : 37 : take all measures for safety and to avoid expolsions. 44. Precaution in case of fire o Section 38 : there should be separate exit for cases of fire. o There should be fire extinguishers etc. 45. Role of inspector… o Section 39, 40 and 40A talk about various roles tha have been assigned to the inspector. He may call for details regarding building, machines etc. 46. Safety officer o If 1000 or more workers are employed, appoint a separate safety officer. 47. WELFARE PROVISIONS… o There are a number of provisions in the factories act regarding welfare facilities for the workers. … 48. Washing facilities… o Sec. 42 : there should be washig facilities in every factry for the workers – separate for male and female workers - properly screened. 49. Facility for storing and drying of cloth… o Sect. 43 : there should be facility so that worker can place their cloth not worn during the manufacturing process. o There should be facility so that worker can dry their cloth. 50. Facilities for sitting… o If the worker can do the work by sitting, - there should be sitting arrangement for the worker (section 44). … 51. FIRST AID o Se. 45: thereshould be at least 1 first aid box for every 150 workers. It should have the prescribed contents. A responsible person should hold a certificate on first aid treatment. o An ambulance room should be there if the number of workers is more than 500. 52. CANTEEN o If the number of workers is more than 250, the govt. may make rules for canteen. The govt. may make rules regarding foodstuff, construction, furniture, equipment of the canteen. Sec. 46 53. Shelter, rest room, lunch room… o When 150 workers are working, there should be rest rooms, lunch room, etc. Such places should be having drinking water facilities etc. 54. CRECHES … o If the number of women workers is more than 30, then you have to have creches. There should trained incharge of the creches 55. WELFARE OFFICER o Sec. 49: if the number of workers is 500 or more, there shold be a welfare officer to look after the welfare of the workers. 56. Working hours… o For adults : (sec. 51) : 48 hours per week. 57. About AFTERSCHO☺OL o PGPSE - World’s most comprehensive programme on social entrepreneurship – after class 12 th o Flexible – fast changing to meet the requirements o ission open throughout the year o Complete from beginning to the end – from idea generation to making the project viable. 58. Branches of AFTERSCHO☺OL
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PGPSE programme is open all over the world as free online programme. Those who complete PSPSE have the freedom to start branches of AFTERSCHO☺OL A few branches have already started - one such branch is at KOTA (Rajasthan). 59. Workshop on social entrepreneurship o We conduct workshop on social entrepreneurship – all over India and out of India also - in school, college, club, association or any such place - just send us a call and we will come to conduct the workshop on social entrepreeurship. o These workshops are great moments of learning, sharing, and commitments. 60. FREE ONLINE PROGRAMME o AFTERSCHO☺OL is absolutely free programme available online – any person can it. The programme has four components : o 1. case studies – writing and analysing – using latest tools of management o 2. articles / reports writing & presentation of them in conferences / seminars o 3. Study material / books / ebooks / audio / audio visual material to the study o 4. business plan preparation and presentations of those plans in conferences / seminars 61. 100% placement / entrepreneurship o AFTERSCHO☺OL has the record of 100% placement / entrepreneurship till date o Be assured of a bright career – if you AFTERSCHO☺OL 62. Pursue professional courses along with PGPSE o AFTERSCHO☺OL permits you to pursue distance education based professional / vocational courses and gives you for that also. Many students are doing CA / CS/ ICWA / CMA / FRM / CFP / CFA and other courses along with PGPSE
10.
The act of 1934 dividend factories into two categories-seasonal and perennial.
4.
This act was amended several times.
5. On the eve of independence the national government announced far reaching legislative program for the welfare of workers. 6.
As a part of this program, the factories act 1948 was ed.
7. The factories act 1948 is comprehensive in nature and through it the government has tried to implement as many provisions of the ILO code of industrial hygiene as were practicable under Indian conditions. 8.
The factories act was substantially amended in 1976.
9.
Since then there has been substantial modernization and innovation in the industrial field.
10. Provisions have also been made for the workers participation in safety management. Objectives: The main objective of the factories act is to regulate conditions of work in manufacturing establishing and to ensure adequate safety sanitation, health, working hours, leave with wages and weekly holidays for workers employed in such establishment.
The act is a protective legislation. It also regulates employment of women and young persons in factories. The factories ac 1948 came into force on April 1st, 1948. It applies to factories all over India. Unless otherwise stated this act shall apply to factories belonging to central and state governments.
Definition of Factory According to Sec 2 (m) factory means: In simple words, a factory is a premise whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process.
Whereon 10 or more workers are working or were working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on. The first Factories Act in India was ed in 1881. It was designed primarily to protect children and to provide for some health and safety measures. It was followed by new Acts in 1891, 1911 & 1934. The act of 1934 was ed to implement the recommendations of the Royal Commission on Labour in India & the conventions of the International Labour Organization. Hence the Factories Act of 1948. The Act makes detailed provisions regarding health, safety and welfare of workers, working hours of adults, employment of young persons (which includes children & adolescents), annual leave with wages, and so on. The Act of 1948 not only consolidated but also amended the law regulating labour in factories. It came into force on 1st April, 1949. In farming the new Act, the labour Minister stated in the Legislature on 30th January, 1948 that the Government had tried to implement as many of the provisions of the I.L.O code of industrial hygiene as were practicable under Indian conditions and the provisions relating to periodical medical examination of young persons and the submission of plans of factory buildings recommended under the International Labour Conventions. Its objective is to regulate the conditions of work in manufacturing establishment which come within the definition of the term „factory‟ as used in the Act. Unless otherwise provided, it also applies to factories belonging to the central or state Government (sec. 116). The Act was substantially amended in 1987. Some provisions of the Amending Act came into force with effect from 1st Dec, 1987 & others from 1st June, 1988. Objects of the Acts: The Act is a piece of social welfare legislation. It governs working conditions of workmen in factories. It deals mainly with: 1. Health, welfare and safety of workmen: The Act aims to protect workers employed in factories against industrial and occupational hazards and to ensure safe and healthy conditions of life and work. It makes detail provisions regarding health, safety and welfare of workers in order to provide good working conditions and other facilities to enhance their welfare. 2. Working hour‟s of adults and annual leave with wages: the Act imposes certain restriction as to hour‟s of work and also makes provision for leave and rest. 3. Employment of women and young persons: the Act makes stringent provisions, particularly with regard to length of working hours, in regard to women and young persons. Health, Safety and Welfare:
The Act makes detailed provisions in regard to various matters relating to health, safety and welfare of the worker. These provisions impose upon the occupiers or managers certain obligations:1. To protect workers, unwary as well as negligent, from accident, and 2. To secure for them in employment, conditions conducive to their health, safety, and welfare. These provisions also require the occupiers or managers to maintain inspection staff and to make provision for maintenance of health, cleanliness, prevention for over crowding and amenities like lighting, ventilation, drinking water, etc. The factories act with regard to the Health of workers: The Act deals with the provisions ensuring the health of the workers in the conditions under which work is carried on in factories. These provisions are as follows: 1. Cleanliness (Sec.11): Factory to be kept clean and free from effluvia and dirt.
Every factory shall be kept clean and free from effluvia arising from any drain, privy, or other nuisance. Accumulation of dirt and refuse shall be removed daily by some effective method. Effective means of drainage. Where a floor is liable to become wet in the course of any manufacturing process to such an extent as is capable of being drained, effective means of drainage shall be provided. Use of disinfectants, etc., painting and varnishing. Use of disinfectants, detergents, painting, repainting and varnishing, revarnishing, whitewashing or colourwashing shall be resorted to.
1. All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of ages and staircases where they are painted otherwise than with washable waterpaint or varnished, shall be repainted at least once in every 5 years. 2. The dates on which these processes are carried out shall be entered in the prescribed . 3. Further all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every 5 years.
Exemption: If, in view of the nature of the operations carried on in a factory or class or description of factories, it is not possible for the occupier to comply with the above provisions, the state government may by order exempt such factory or class or description of factories or part of a factory from any of these provisions and specify alternative methods for keeping the factory in a clean state.
2. Disposal of wastes and effluents (Sec.12):
1. Treatment of wastes and effluents and their disposal. Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal. 2. Rules by the State Government prescribing arrangements. The state Government may make rules prescribing the arrangements to be made in this regard. It may also require that such arrangements shall be approved by such authority as may be prescribed. 3. Ventilation and temperature: (Sec.13) 1) Maintenance of adequate ventilation and temperature. Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom
Adequate ventilation by the circulation of fresh air, and Such a temperature as will secure to workers there in reasonable conditions of comfort and prevent injury to health.
2) Process producing high temperature to be separated. The walls and roofs shall be of such materials and so designed that the temperature shall not be exceeded but kept as low as practicable. The process which produces high temperatures shall be separated from the workroom, by insulating the hot parts or by other effective means. 3) Standard of adequate ventilation and temperature to be prescribed and provision of measuring instruments. The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory. It may further direct that proper measuring instruments shall be provided and such records as may be prescribed shall be maintained. The walls and roofs must be of such material and so designed that the temperature shall not exceed but kept as law as practicable. The process which products high temperatures shall be separated from the work room, by insulating the hot part or by other effective means. 4. Dust and fume (Sec.14): Effective measures shall be taken in every factory for prevention of inhalation or accumulation of dust and fumes in work rooms. In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air. 5. Artificial humidification (Sec.15): In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules prescribing standards of humidification. It shall also make rules prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the work room. In any factory in which the humidity of the air is artificially increased the water used for the purpose shall be taken from a public supply or other source of drinking water, or shall be effectively purified before it is so used. 6. Overcrowding (Sec.16): There must not be overcrowding in any room of the factory to the extend injurious to the health of the workers employed therein. There must be at least 350 cubic
feet (in respect of factories in existence before 1st April 1949) and 500 cubic feet (in respect of factories built after the commencement of the Act i.e., 1st April 1949) of space every worker. If the Chief Inspector by order in writing so requires, there shall be posted in each work room of a factory a notice specifying the number or workers who may be employed in the room. 7. Lighting (Sec.16): 8. Drinking water (Sec.18) 9. Latrines and Urinals (Sec.19) 10. Spittoons (Sec.20) The factories act with regard to the safety of workers: Sections 21 to 40 lay down the provisions with regard to the safety of workers. The following are the provisions:1) Fencing of machinery Sec.21): In every factory, every dangerous part of any machinery shall be securely fenced by safeguards of substantial constructions, which shall be kept in position while the part of machinery they are fencing are in motion or in use. The expression dangerous parts means any reasonably be anticipated, even if such danger would airse from negligence or some outside source. 2) Work on or near machinery in motion (Sec.22): Wherein any factory it becomes necessary to examine any part of machinery while the machinery is in motion, such examination shall be made only by a specially trained adult male worker wearing tight fighting clothing. 3) Employment of young persons on dangerous machines (Sec.23) : No young person shall work on any machine to which this section applies unless he has been fully instructed as to the dangers arising in connection with the machines and the precautions to be observed and has received sufficient training to work on the machine. 4)
Striking gear and devices for cutting off power (Sec.24)
5)
Self-acting machines (Sec.25)
6)
Casing of new machinery (Sec.25)
7)
Prohibition of employment of women and children near cotton openers (Sec.27)
8)
Hoists and Lifts (Sec.28)
9)
Lifting machines, chains, ropes and lifting tackles(Sec.29)
10) Revolving machinery (Sec.30) 11) Pressure point (Sec.31) 12) Floors, Stairs, and means of access (Sec.32) 13) Protection of eyes (Sec.35) 14) Precautions in case of fire (Sec.38) 15) Safety of Buildings and machinery (Sec.40) The welfare facilities to be provided in a factory under the factories act, 1948: Sec 42 to 50 of the Factories Act, 1948 deal with the welfare of the workers. 1) Washing facilities (sec. 42) in every factory adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein. Such facilities conveniently accessible & shall be kept clean. 2) Facilities for storing & drying clothing (Sec.43) State Government may in respect of any factory, make rules requiring the provisions therein of suitable place for keeping clothing not worn during working hours & for the drying of wet clothing. 3) Facilities for sitting (Sec 44) In every factory suitable arrangements for sitting shall be provided & maintained for all workers who are obliged to work in a standing position. This has been done in order that the workers may take advantage of the opportunities for rest which may occur in the course of their work. 4) First-aid appliance (Sec.45) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents and the number of 6such boxes or cupboards to be provided and mainted shall not be less than one for every 50 workers. 5)
Canteen (Sec. 46)
6) Shelter, rest room and lunch rooms (Sec 47)
The Factories Act regarding the Working hours of adults: 1. Weakly hours (sec.51) No adult worker can be required to work or allowed to work in a factory for more than 48 hours in any week. 2. Weekly holiday (sec.52) Every adult worker in a factory must be allowed a holiday during the week.
3. Compensatory holiday (sec. 53) Where a worker is deprive an equal numbered of any of the weekly holidays under sec. 52, he shall be allowed compensatory holiday of an equal number to the holiday so lost. That holiday allowed within two months immediately following that month. 4. Daily hours (sec. 54) Subject to the provisions of sec. 51, no adult worker shall be required to work in a factory for more than 9 hours in a day. 5. Intervals for rest (Sec. 55) The periods of work of adult workers in a factory shall be so fixed each day that no period shall exceed five hours before he had an interval for rest of at least half an hours. 6. Nightshift (sec.57) 7. Prohibition of overlapping shifts (sec. 590) 8. Extra wage for overtime (sec. 59) 9. Notice of period of work for adult 9sec. 61) Further restrictions on employment of women (sec. 66) FACTORIES ACT, 1948 : FACTORIES ACT, 1948 This Act may be called the Factories Act, 1948. April, 1949
It extends to the whole of India
It shall came into force on the 1st day of
Definitions : Definitions "adult" means a person who has completed his eighteenth year of age "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year child means a person who has not completed his fifteenth year of age young person" means a person who is either a child or an adolescent Definitions : Definitions “day" means a period of twenty-four hours beginning at midnight; "week" means a period of seven days beginning at midnight on Saturday night "calendar year" means the period of twelve months beginning with the first day of January in any year "power" means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency; "prime mover" means any engine, motor or other appliance which generates or otherwise provides power; Definitions : Definitions "manufacturing process" means any process for- (i) 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 (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (vi) preserving or storing any article in cold storage; Definitions : Definitions "worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or but does not include any member of the armed forces of the Union Definitions : Definitions "factory" means any premises including the precincts thereof- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on Definitions : Definitions "occupier" of a factory means the person who has ultimate control over the affairs of the factory in the 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 the case of a company, any one of the directors shall be deemed to be the occupier; in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person appointed to manage the affairs of the factory Government shall be deemed to be the occupier
4. Power to declare different departments to be separate factories or two or more factories to be a single factory : 4. Power to declare different departments to be separate factories or two or more factories to be a single factory The State Government may, on its own or on an application made by an occupier, direct that different departments or branches of a factory shall be treated as separate factories or two or more factories shall be treated as a single factory 5. Power to exempt during public emergency : 5. Power to exempt during public emergency In case of public emergency the State Government may, exempt any factory from all or any of the provisions of this Act for such period and subject to such conditions as it may think fit No such notification shall be made for a period exceeding three months at a time. 6. Approval, licensing and registration of factories : 6. Approval, licensing and registration of factories Making application to the government If on an application for permission accompanied by the plans and specifications required by the rules sent to the State Government or Chief Inspectors by ed post, And no order is communicated to the applicant within three months from the date on which it is so sent, the permission shall be deemed to have been granted. If the application is rejected appeal can be made to the government within thirty days of the date of such rejection. 7. Notice by occupier : 7. Notice by occupier (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send a notice to the Chief Inspector containing- (a) The name and situation of the factory; (b) the name and address of the occupier; (bb) the name and address of the owner of the premises (c) the address to which communications relating to the factory may be sent; (d) the nature of the manufacturing process (e) the total rated horse power installed or to be installed in the factory (f) the name of the manager of the factory for the purposes of this Act (g) the number of workers likely to be employed in the factory (i) such other particulars as may be prescribed. 7A. General duties of the occupier : 7A. General duties of the occupier occupier shall ensure, the health, safety and welfare of all workers while they are at work in the factory. every occupier shall prepare, a written statement of his general policy with respect to the health and safety of the workers bring such statement and any revision thereof to the notice of all the workers 8. Inspectors of Factory : 8. Inspectors of Factory State government may appoint Chief Inspector Additional Chief Inspectors, t Chief Inspectors and Deputy Chief Inspectors and Inspectors of factory Prescribe their duties and qualifications Every District Magistrate shall be an Inspector for his district Every inspector is deemed to be a public servant within the meaning of the Indian Penal Code 9. Powers of Inspectors : 9. Powers of Inspectors Enter factory premises for investigation Examine the premises inquire into any accident or dangerous occurrence require the production of any prescribed or document seize, or take copies of, any , 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 10. Certifying surgeons : 10. Certifying surgeons State Government may appoint qualified medical practitioners to be certifying surgeons Duties of surgeons a) the examination and certification of young persons under this Act; (b) the examination of persons engaged in factories in such dangerous occupations or processes C) supervising the factories where (i) cases of illness have occurred which are due to the nature of the manufacturing process or (ii) due to manufacturing process there is a likelihood of injury to the health of workers or (iii) young persons are employed in any work which is likely to cause injury to their health. 11. Cleanliness : 11. Cleanliness Every factory shall be kept clean and free from effluents accumulation of dirt and refuse shall be removed daily floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant effective means of drainage shall be provided and maintained all inside walls and partitions, ceilings, doors, windows shall be painted at prescribed intervals 12. Disposal of wastes and effluents : 12. Disposal of wastes and effluents Effective arrangements shall be made for the treatment of wastes and effluents caused due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal. 13. Ventilation and temperature : 13. Ventilation and temperature suitable provision shall be made in every factory for adequate ventilation by the circulation of fresh air such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable
14. Dust and fume : 14. Dust and fume effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible. 15. Artificial humidification : 15. Artificial humidification factories in which the humidity of the air is artificially increased State government shall prescribe the standard of humidification the water used for the purpose shall be taken from a public supply, or other source of drinking water, shall be effectively purified before it is so used. 16. Overcrowding : 16. Overcrowding There shall be 4.2 cubic metres of space for every worker employed therein, and for this purpose no shall be taken of any space which is more than 4.2 metres above the level of the floor of the room. notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises 17. Lighting : 17. Lighting In every part of a factory sufficient lighting shall be maintained all glazed windows and skylights used for the lighting of the workroom shall be kept clean provision shall, be made for the prevention of glare, either directly from a source of light or by reflection from a smooth or polished surface formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented. 18. Drinking water : 18. Drinking water Adequate facilities for wholesome drinking water shall be made at convenient places in the factory All such points shall be legibly marked "drinking water” no such point shall be situated within six metres of any washing place, urinal, latrine, spittoon, open drain carrying silages or effluent or any other source of contamination. Factories wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather 19. Latrines and urinals : 19. Latrines and urinals sufficient latrine and urinal of prescribed types shall be provided separately for male and female workers They should be properly lighted and ventilated, and no latrine or urinal shall, communicate with any workroom except through an intervening open space or ventilated age be maintained in a clean and sanitary condition at all times; sweepers shall be employed to clean latrines, urinals and washing places. 20. Spittoons : 20. Spittoons In every factory sufficient number of spittoons shall be maintained in convenient places and they shall be maintained in a clean and hygienic condition. No person shall spit within the premises of a factory except in the Spittoons provided for the purpose Whoever spits in places other than spittoons within factory premises shall be punishable with fine not exceeding five rupees. 23. Employment of young persons on dangerous machines : 23. Employment of young persons on dangerous machines No young person shall be allowed to work at any dangerous machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed has received sufficient training in work at the machine, or is under adequate supervision by a person who has a through knowledge and experience of the machine. 27. Prohibition of employment of women and children near cotton-openers : 27. Prohibition of employment of women and children near cotton-openers No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work without prior approval of the inspector of factories CHAPTER V : WELFARE : CHAPTER V : WELFARE facilities for washing shall be provided and maintained for the use of the male and female workers separately such facilities shall be conveniently accessible and shall be kept clean Facilities for storing and drying cloth suitable arrangements for sitting shall be provided and maintained for all workers first-aid boxes or cupboards, equipped with the prescribed contents one for every one hundred and fifty workers in charge of a person trained in first aid. Ambulance room in every factory wherein more than five hundred workers are employed Canteen in the factory wherein more than two hundred and fifty workers are ordinarily employed, Rest room/lunch room in factories employing more than one hundred and fifty workers with provision for drinking water, where workers can eat meals brought by them CHAPTER V : WELFARE : CHAPTER V : WELFARE Creche facility if more than thirty women are employed (for the children below six years of age of such working women). Adequately spaced, lighted and ventilated Milk and refreshments for the children To be in charge of a trained female staff Allowing mothers to feed the kids at periodic intervals Welfare Officer for factory wherein five hundred or more workers are employed CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OF ADULTS 51. Weekly hours Not more than 48 hours a week 52. First day of the week shall be a weekly holiday or one of the days three days before or after the said first day. A notice is delivered to the inspector of factories A notice is displayed in the factory notice board Cannot be
allowed to work continuously for more than ten days without a full day holiday 53. Compensatory holidays Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a month. CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OF ADULTS 54. Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day 55. Intervals for rest-no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. Inspector may increase it upto six hours 56. Spread over -inclusive of rest intervals they shall not spread over more than ten and a half hours in any day Inspector may increase the spread over up to 12 hours 59. Extra wages for overtime-wages at the rate of twice his ordinary rate of wages 60. Restriction on double employment-No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory 61. Notice of periods of work for adults should be displayed in the notice board. CHAPTER VI : WORKING HOURS OF ADULTS : CHAPTER VI : WORKING HOURS OF ADULTS 62. of adult workers of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing,- (a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; and (e) such other particulars as may be prescribed : Women not to work at night : Women not to work at night prohibition of women workers at night shift women shall not be allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.. The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M. 67. Prohibition of employment of young children Children who have not completed at least 14 years of age are not allowed to work in factory for children above 14 years of age and adolescent persons certificate of fitness issued by the certifying surgeons is required for working in the factory. Children and adolescents are not allowed to work in night shift 71, 72 & 73. Working hours for children : 71, 72 & 73. Working hours for children No child shall be employed in any factory for more than four and a half hours in any day. during the night. there shall not be more than two shifts for children Shifts shall not be changed in less than a month time No female child shall be allowed to work except between 8 A.M. and 7 P.M Notice of working hours for children should be properly displayed in the notice board of children employed should be maintained in prescribed form. CHAPTER VIII : ANNUAL LEAVE WITH WAGES : CHAPTER VIII : ANNUAL LEAVE WITH WAGES Every worker who has worked for at least 240 days in a year will be eligible for leave with wages as under if an adult, one day for every twenty days of work performed if a child, one day for every fifteen days of work performed This is exclusive of all holidays Such leave is encashable in case of retirement, resignation, death, disablement leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child Fifteen days notice is required for sanction and availing leave (30 days in public utility) Can be availed upto three times in a year Un availed leave cannot be adjusted against notice period for dismissal/discharge Such leave shall be with full pay
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Factories Act, 1948 - Presentation Transcript
Factories Act, 1948 AFTERSCHO ☺ OL – DEVELOPING CHANGE MAKERS CENTRE FOR SOCIAL ENTREPRENEURSHIP PGPSE PROGRAMME – World’ Most Comprehensive programme in social entrepreneurship & spiritual entrepreneurship OPEN FOR ALL FREE FOR ALL www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS 2. Factories Act, 1948 Dr. T.K. Jain. AFTERSCHO ☺ OL Centre for social entrepreneurship Bikaner M: 9414430763 [email_address] www.afterschool.tk , www.afterschoool.tk www.afterschoool.tk AFTERSCHO☺OL's MATERIAL FOR PGPSE PARTICIPANTS 3. What is a factory? o any premises where 10 or more workers are working and a manufacturing process is carried out with aid of power (20 if manufacture is without aid of power). [section 2(m)]. 4. What is a manufacturing process? o Manufacturing process‘ means process of altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance. It also includes * pumping oil, water, sewage or any other substance * Generating, transforming or transmitting power * Composing, typing, printing * Constructing, repairing, breaking of ships or vessels * Preserving articles in cold storage. [section 2(k)]. 5. Who is a worker? o a person employed in any manufacturing process or cleaning or any work incidental to manufacturing process. It includes persons employed through contractor. [section 2(l)]. 6. Who is the occupier? o the person who has ultimate control over the affairs of factory. It includes a partner in case of firm and director in case of a company. In case of Government company, 'occupier' need not be a director. In that case, person appointed to manage affairs of the factory shall be occupier‘. [section 2(n)]. Name of 'occupier' of the factory should be informed to Factories Inspector. The 'occupier' will be held responsible if provisions of Factories Act are not complied with. He has to give notice 15 days before he begins to occupy the premises as a factory, giving details as prescribed in section 7. 7. Duties of the occupier… o The occupier shall ensure, as far as possible, health, safety and welfare of workers while they are working in factory. [section 7A]. 8. Restrictions on employment of women? o A woman worker cannot be employed beyond the hours 6 a.m. to 7.00 pm. State Government can grant exemption to any factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM. Shift change can be only after weekly or other holiday and not in between. [section 66]. 9. Record of the workmen… o A (muster roll) of all workers should be maintained. No worker should be permitted to work unless his name is in the . Record of overtime is also required to be maintained. [section 62]. 10. Earned leave to the worker… o A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days. o Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered, 11. Leave to worker… o Leave can be accumulated upto 30 days in case of adult and 40 days in case of child. Leave issible is exclusive of holidays occurring during or at either end of the leave period. Wage for period must be paid before leave begins, if leave is for 4 or more days. [section 81]. Leave cannot be taken for more than three times in a year. 12. Child below age of 14 cannot be employed. [section 67]. Child above 14 but below 15 years of age can be employed only for 4.5 hours per day or during the night. [section 71]. He should be certified fit by a certifying surgeon. [section 68]. He cannot be employed during night between 10 pm to 6 am. [section 71]. A person over 15 but below 18 years of age is termed as adolescent‘. He can be employed as an adult if he has a certificate of fitness for a full day's work from certifying surgeon. 13. Notice of abstract of Factories Act. o A notice containing abstract of the Factories Act and the rules made thereunder, in English and local language should be displayed. Name and address of Factories Inspector and the certifying surgeon should also be displayed on notice board. [section 108(1)]. 14. Notice of accidents… o Notice of any accident causing disablement of more than 48 hours, dangerous occurrences and any worker ing occupational disease should be informed to Factories Inspector. [section 88]. Notice of dangerous occurrences and specified 15. HEALTH PROVISIONS… o Chapter III of Factories Act contain details rearding health of workers. Let us discuss these provisions… 16. CLEANLINESS…. 1.
o o o o o o
Section 11 – the working conditions should be clean and safe. Clean the floor once a week at least White wash every 14 weeks Paint / varnish every 5 years Daily sweeping of coloring must be maintained (as per factories act) 17. Disposal of wastes and effluents… o There should be proper arrangements or disposal of wastes and effluents. o (sec. 12) o Follow stage govt. rules… 18. Ventilation and temperature…. o Proper level of ventilation temperature and humidity must be maintained. o Make provisions for reducing excess heat. 19. Dust and fumes…. o Effective measures shoud be taken to minimise dust. o (section 14) 20. Artificial Humidification o Sec. 15 : if you maintain artificial humidification (like in textile units), keep it in limits. 21. Overcrowding … o Section : 16 : 14.2 cubic space per worker. While calculating this space, space above the worker beyond 4.2 meters will not be taken into . 22. Lighting … o Section 17 : there should be adequate and sufficient lighting. There should natural lighting as far as possible. 23. Drinking water… o Section 18 : there should be drinking water (wholesome water) o They should be at convenient location, marked as drinking water. They should be at least 6 meters away from washer room / rest room o If >250 workers are working, then have cool water facility also. 24. Latrines and Urines… o Sect. 19 o There should be separate – for male and female. o Proper cleaning should be there. 25. Spitoons… o Section 20 : o There should be sufficient number of spitoons. 26. SAFETY OF WORKERS.. o CHAPTER IV DEALS WITH SAFETY OF WORKERS… 27. Fencing of machinary… o Section (21) o Every dangerous parts must be securely fenced. 28. Machines in motions… o Section 22 : there should be examination of machines in motion. They should be properly examined. o No women or child should be allowed to work on prime mover etc. when it is in motion. 29. Employment of young persons on dangerous machines… o Sec. 23: no young person should be allowed to work on dangerous person (unless he has been trained, and is under supervision). o Young person = 14 to 18. 30. Striking gears.. o Section 24 : there should be suitable striking gears etc. to switch off the power,, so that if there is any emergency, we may be able to solve the problem. 31. Self acting machines… o Section 25 : make sure that no person should walk in a space where self action machines are in motion. 32. Casing of new machines… o Section 26 : there should be casing of new machines, its dangerous parts etc. 33. Cotton operners… o Section : 27 : women and children are not allowed to work on cotton openers. 34. Hoists and lifts… o Section 28: every hoist and lift should be in good condition, and properly checked. The maximum load it can carry – must be clearly mentioned. The gates should be locked by interlocking / safe method (it should not open in between). o These should be thoroughly examined every 12 months 35. Revolving machines…
o o
Section 30 : Maximum safe speed must be mentioned for each machine.The maximum speed about revolving machine must be mentioned. 36. Pressure plant… o Section 31 : there should be safe working pressure on pressure plants. 37. Stairs etc. o Section 32 : safety etc. should be of sound construction 38. Pits etc. o Section : 33 : pits, stumps etc. should be covered and safe. 39. Excessive weight.. o Section 34 : no person should be employed to hold more weight than the person can hold. 40. Eyes.. o Section: 35 : give goggles if workers have to work on something stretching to the eyes. 41. Dangerous fumes etc… o Section 35 says that don’t employ workers in places where dangerous flame / fumes could be there. 42. Portable electric light… o Sect : 36A : It should not be above 24 volts 43. Explosives… o Section : 37 : take all measures for safety and to avoid expolsions. 44. Precaution in case of fire o Section 38 : there should be separate exit for cases of fire. o There should be fire extinguishers etc. 45. Role of inspector… o Section 39, 40 and 40A talk about various roles tha have been assigned to the inspector. He may call for details regarding building, machines etc. 46. Safety officer o If 1000 or more workers are employed, appoint a separate safety officer. 47. WELFARE PROVISIONS… o There are a number of provisions in the factories act regarding welfare facilities for the workers. … 48. Washing facilities… o Sec. 42 : there should be washig facilities in every factry for the workers – separate for male and female workers - properly screened. 49. Facility for storing and drying of cloth… o Sect. 43 : there should be facility so that worker can place their cloth not worn during the manufacturing process. o There should be facility so that worker can dry their cloth. 50. Facilities for sitting… o If the worker can do the work by sitting, - there should be sitting arrangement for the worker (section 44). … 51. FIRST AID o Se. 45: thereshould be at least 1 first aid box for every 150 workers. It should have the prescribed contents. A responsible person should hold a certificate on first aid treatment. o An ambulance room should be there if the number of workers is more than 500. 52. CANTEEN o If the number of workers is more than 250, the govt. may make rules for canteen. The govt. may make rules regarding foodstuff, construction, furniture, equipment of the canteen. Sec. 46 53. Shelter, rest room, lunch room… o When 150 workers are working, there should be rest rooms, lunch room, etc. Such places should be having drinking water facilities etc. 54. CRECHES … o If the number of women workers is more than 30, then you have to have creches. There should trained incharge of the creches 55. WELFARE OFFICER o Sec. 49: if the number of workers is 500 or more, there shold be a welfare officer to look after the welfare of the workers. 56. Working hours… o For adults : (sec. 51) : 48 hours per week. 57. About AFTERSCHO☺OL o PGPSE - World’s most comprehensive programme on social entrepreneurship – after class 12 th o Flexible – fast changing to meet the requirements o ission open throughout the year o Complete from beginning to the end – from idea generation to making the project viable. 58. Branches of AFTERSCHO☺OL
o o o
PGPSE programme is open all over the world as free online programme. Those who complete PSPSE have the freedom to start branches of AFTERSCHO☺OL A few branches have already started - one such branch is at KOTA (Rajasthan). 59. Workshop on social entrepreneurship o We conduct workshop on social entrepreneurship – all over India and out of India also - in school, college, club, association or any such place - just send us a call and we will come to conduct the workshop on social entrepreeurship. o These workshops are great moments of learning, sharing, and commitments. 60. FREE ONLINE PROGRAMME o AFTERSCHO☺OL is absolutely free programme available online – any person can it. The programme has four components : o 1. case studies – writing and analysing – using latest tools of management o 2. articles / reports writing & presentation of them in conferences / seminars o 3. Study material / books / ebooks / audio / audio visual material to the study o 4. business plan preparation and presentations of those plans in conferences / seminars 61. 100% placement / entrepreneurship o AFTERSCHO☺OL has the record of 100% placement / entrepreneurship till date o Be assured of a bright career – if you AFTERSCHO☺OL 62. Pursue professional courses along with PGPSE o AFTERSCHO☺OL permits you to pursue distance education based professional / vocational courses and gives you for that also. Many students are doing CA / CS/ ICWA / CMA / FRM / CFP / CFA and other courses along with PGPSE
10.
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