Factories Act Presentation

8/8/2019 Factories Act Presentation

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Industrial lawIndustrial law

Factories act, 1948Factories act, 1948


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The term industry connotes a steadyThe term industry connotes a steadyand systematic activity in which aand systematic activity in which atrade is arranged or organized, wheretrade is arranged or organized, wherea factory is the place where sucha factory is the place where suchactivities are being carried on.activities are being carried on.


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FactoryFactory Section 2 (m)Section 2 (m) Object of the act:Object of the act:

To improve health, welfare and safety of theTo improve health, welfare and safety of theworkmen.workmen. To regulate by imposing restriction as toTo regulate by imposing restriction as tohours of work including rest and provisionshours of work including rest and provisionsfor availing of leave.for availing of leave.

To make stringent provisions as regardsTo make stringent provisions as regardsemployment of women and young personsemployment of women and young personsand duration of their work.and duration of their work.


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Meaning of FACTORYMeaning of FACTORY

Factory means any premises including the precincts thereofFactory means any premises including the precincts thereof 1. Whereon ten or more workers are working or were working1. Whereon ten or more workers are working or were working

on any day of the preceding twelve months, and in any parton any day of the preceding twelve months, and in any partof which aof which a manufacturing processmanufacturing process is being carried on withis being carried on withthe aid ofthe aid ofpowerpower, or is ordinarily so carried on, or, or is ordinarily so carried on, or

2.whereon twenty or more workers are working ro were2.whereon twenty or more workers are working ro wereworking on any day of the preceding twelve months, and inworking on any day of the preceding twelve months, and inany part of which aany part of which a manufacturing processmanufacturing process is being carriedis being carriedon without the aid ofon without the aid ofpowerpower or is ordinarily so carried on.or is ordinarily so carried on.


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Manufacturing process Sec2 (k):Manufacturing process Sec2 (k): Making, altering, repairing, ornamenting,Making, altering, repairing, ornamenting,

finishing,packing,oiling, washing, cleaning, breaking up,finishing,packing,oiling, washing, cleaning, breaking up,demolishing or otherwise treating or adopting any article ordemolishing or otherwise treating or adopting any article orsubstance with a view to its use, sale, transport, delivery orsubstance with a view to its use, sale, transport, delivery ordisposal, ordisposal, or

Pumping oil, water, sewage or any; other substance, orPumping oil, water, sewage or any; other substance, or Generating, transforming or transmitting power, orGenerating, transforming or transmitting power, or Composing types for printing, printing by letter press,Composing types for printing, printing by letter press,

lithography, taking photography and other similar process orlithography, taking photography and other similar process or

book binding:book binding: Constructing, reconstructing, repairing, refitting, finishing orConstructing, reconstructing, repairing, refitting, finishing or

breaking up ships or vessels orbreaking up ships or vessels or Preserving or storing any article in cold storage (Sec 2 (k))Preserving or storing any article in cold storage (Sec 2 (k))


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PowerPower Sec 2 (g)Sec 2 (g) It means mechanical or electrical energyIt means mechanical or electrical energy

transmitted as a step or aid to carry outtransmitted as a step or aid to carry outmanufacture and not energy generated bymanufacture and not energy generated byhuman or animal agency.human or animal agency.

Mere use of power not connected withMere use of power not connected withactivities of manufacturing will not makeactivities of manufacturing will not make

the4 premises a factory (New Taj mahalthe4 premises a factory (New Taj mahalHotel vs.Ins of factories 1953)Hotel vs.Ins of factories 1953) Manufacturing process must be done withManufacturing process must be done with

the aid of power, according to sec 2 (m).the aid of power, according to sec 2 (m).


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WorkerWorker Section 2 (i)Section 2 (i) Worker means a person employed directly or through anyWorker means a person employed directly or through any

agency (including a contractor) with or without the knowledgeagency (including a contractor) with or without the knowledge

of th

e principal employer, wh

eth

er for remuneration or not, inof th

e principal employer, wh

eth

er for remuneration or not, inany manufacturing process or in cleaning any part ofany manufacturing process or in cleaning any part ofmachinery or premises used for a manufacturing process or inmachinery or premises used for a manufacturing process or inany other kind of work incidental to, or connected within theany other kind of work incidental to, or connected within themanufacturing process, or the subject of the manufacturingmanufacturing process, or the subject of the manufacturingprocess but does not include any member of the armed forcesprocess but does not include any member of the armed forcesof the union (Sec 2 (i))of the union (Sec 2 (i))

In order to term a person as a worker, there must beIn order to term a person as a worker, there must beemployeremployer employee relationship, That is, the employer mustemployee relationship, That is, the employer mustnot only be in a position to direct what work should be donenot only be in a position to direct what work should be doneby the employee but also how the work has to be done byby the employee but also how the work has to be done byhim.him.


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Statutory duties of workers (Sec 111)Statutory duties of workers (Sec 111) Aworker in a factoryAworker in a factory-- Shall not willfully interfere with or misuse appliance,Shall not willfully interfere with or misuse appliance,

convenience or other t

hing provided in t

he factory forconvenience or ot

her t

hing provided in t

he factory forsecuring the safety, health or welfare of the workers,securing the safety, health or welfare of the workers,

Shall not willfully and without reasonable cause do anythingShall not willfully and without reasonable cause do anythinglikely to endanger himself or others: andlikely to endanger himself or others: and

Shall not willfully neglect to make use of any appliance orShall not willfully neglect to make use of any appliance orother things provided in the factory so as to secure the healthother things provided in the factory so as to secure the healthor safety of the workers.or safety of the workers.

Aworker who contravenes any of these provision or any; ruleAworker who contravenes any of these provision or any; ruleor order made there under, shall be punishable withor order made there under, shall be punishable withimprisonment extending up to three months or with fine up toimprisonment extending up to three months or with fine up toone hundred rupees or both.one hundred rupees or both.


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Licensing and Registration of factories _Licensing and Registration of factories _Section 6Section 6

Under this section, t

he State governmentUnder t

his section, t

he State governmentmay make rules regarding the submission ofmay make rules regarding the submission of

plans and approval, licensing andplans and approval, licensing andregistration of factories.registration of factories.

Every application must be duly accompaniedEvery application must be duly accompanied

with a certified plan, showing all the detailswith a certified plan, showing all the detailstogether with the challan representing thetogether with the challan representing thefees payable for such registration, licensingfees payable for such registration, licensingor renewal of license.or renewal of license.


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Under sec 7, the occupier should give 15Under sec 7, the occupier should give 15days notice to the State government or thedays notice to the State government or the

Inspector of factories beforehe begins toInspector of factories beforehe begins tooccupy or use any premises as a factory.occupy or use any premises as a factory.

The notice should contain the name andThe notice should contain the name andsituation of the factory, name and addresssituation of the factory, name and address

of th

e occupier, name and address of th

eof th

e occupier, name and address of th

eowner of the premises, nature of theowner of the premises, nature of themanufacturing process, total rated HP,manufacturing process, total rated HP,name of the manager, No. of workers, etc.name of the manager, No. of workers, etc.


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Inspecting staff (Sec 8 to 10)Inspecting staff (Sec 8 to 10)

Under sec 8, the State government isUnder sec 8, the State government isempowered by notification in theempowered by notification in theofficial gazette to appoint any personofficial gazette to appoint any personduly qualified as a Chief Inspectorduly qualified as a Chief Inspector

supported by joint chief inspectors.supported by joint chief inspectors.They have jurisdiction through out theThey have jurisdiction through out thestate.state.


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Power of inspectors:Power of inspectors: Enter the premises of a factoryEnter the premises of a factory Make examination of the premises, plant, machinery, article orMake examination of the premises, plant, machinery, article or

substance.substance. Inquire into any accidents or dangerous occurrences,Inquire into any accidents or dangerous occurrences, Require the production of any prescribed register or any otherRequire the production of any prescribed register or any other

documents relating to the factorydocuments relating to the factory Seize, or take copies of any register, record or otherSeize, or take copies of any register, record or other

documentdocument T

ake measurement, photograp

hs and make recordings

Take measurement, p

hotograp

hs and make recordings

Direct to dismantle or subject it to any testDirect to dismantle or subject it to any test


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Penalty for obstructing a inspector (Sec 95)Penalty for obstructing a inspector (Sec 95)

When a factory inspector is prevented or obstructedWhen a factory inspector is prevented or obstructed

from exercising his powers, such person shall befrom exercising his powers, such person shall bepunished with imprisonment for 6 months or finepunished with imprisonment for 6 months or fine

up to Rs.10000 or bothup to Rs.10000 or both..


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Health (Sections 11 to 20)Health (Sections 11 to 20) 1. Cleanliness (Sec 11) : House keeping is the modern term1. Cleanliness (Sec 11) : House keeping is the modern term

used for keeping the faftory premises clean and tidy.used for keeping the faftory premises clean and tidy.Factories must not only be kept clean but must be maintainedFactories must not only be kept clean but must be maintainedwith cleanlilnesws in such a way that accumulation of dirt andwith cleanlilnesws in such a way that accumulation of dirt andrefuse must be avoided. Constant cleaning of effluviarefuse must be avoided. Constant cleaning of effluvia(diaagreaeable vapuurs) arising from any drain is needed.(diaagreaeable vapuurs) arising from any drain is needed.Removal of dirt and refuse alone is not enough. But they haeRemoval of dirt and refuse alone is not enough. But they haeto be disposed of in a suitable manner without, causingto be disposed of in a suitable manner without, causingdetriment to the redisents of the locality. The floor should notdetriment to the redisents of the locality. The floor should notbe wet and should be free from moisture. The walls shouldbe wet and should be free from moisture. The walls shouldbe painted once in 5 years and if the walls are whitewashed,be painted once in 5 years and if the walls are whitewashed,it should be white washed again once in 14 months and theit should be white washed again once in 14 months and thewalls should be washed once in every 6 months.walls should be washed once in every 6 months.


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2. disposal of wastes and effulents2. disposal of wastes and effulents(Sec 12) : wastes and effulents are to(Sec 12) : wastes and effulents are to

be disposed of in orer to maintain thebe disposed of in orer to maintain thehygiene inside the factory. Howeverhygiene inside the factory. Howeversuch wastes cannot be let out withoutsuch wastes cannot be let out without

treatment. Norms laid down ny thetreatment. Norms laid down ny theState pollution control boad have to beState pollution control boad have to beobserved strictly in this regard.observed strictly in this regard.


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3. Ventilation & temperature3. Ventilation & temperature Sec 13Sec 13

Ventilation and air circulation ensure normalVentilation and air circulation ensure normal

health to the workmen. In order tohealth to the workmen. In order tomaintain ventilation and fresh air circulation,maintain ventilation and fresh air circulation,temperature in the working place should betemperature in the working place should besecured. The walls and roofs of the factorysecured. The walls and roofs of the factory

must be properly designed and providedmust be properly designed and providedwithheat resisting or heat proof materialswithheat resisting or heat proof materialsny way of insulating .ny way of insulating .


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4. Dust & fumes4. Dust & fumes Sec 14Sec 14 Effective measures have to be adopted in order toEffective measures have to be adopted in order to

prevent the workers inhaling dust, fumes and otherprevent the workers inhaling dust, fumes and other

imputities that are present in the air.imputities that are present in the air. 5. Artificial humidification (Sec 15) : in factories5. Artificial humidification (Sec 15) : in factories

where artificial humidification is adopted from thewhere artificial humidification is adopted from thepoint of view of manufacturing a product the normspoint of view of manufacturing a product the normsprescribed ny the government must be strictlyprescribed ny the government must be strictly

followed for increasing or decreasing or maintainingfollowed for increasing or decreasing or maintainingsu;ch artificial humidification. Humidifiers forsu;ch artificial humidification. Humidifiers forkeeping ari mosture at even level shall bnekeeping ari mosture at even level shall bneprovided. Water used in these plants mustprovided. Water used in these plants mustconstantly be changed and it must be pure.constantly be changed and it must be pure.


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Over crowdingOver crowding Sec 16Sec 16

Every worker requires 500 cubic feet for theEvery worker requires 500 cubic feet for the

purpose of enabling him to work with easepurpose of enabling him to work with easeand comfort ensuring mobility.and comfort ensuring mobility.

Lighting (Sec 17) : too much light throwsLighting (Sec 17) : too much light throwsglare on normal vision. Diffused light doesglare on normal vision. Diffused light doesnothelp to promote proper vision. Hence,nothelp to promote proper vision. Hence,the required light with minimum power mustthe required light with minimum power mustbe provided.be provided.


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Drinking water (Sec 18) : potable, pure orDrinking water (Sec 18) : potable, pure orwholesome drinking water shall be made availablewholesome drinking water shall be made availableto workmen at convenient points. Anotice boardto workmen at convenient points. Anotice board

must be displayed indicating availability of suchmust be displayed indicating availability of suchfacility. The notice shall also contain the captionfacility. The notice shall also contain the captionDrinking water in local language, If the strengthDrinking water in local language, If the strengthof the workers increased beyond 250, cool waterof the workers increased beyond 250, cool waterequipment must be provided to ensure supply ofequipment must be provided to ensure supply of

chilled water. Water points should be locatedchilled water. Water points should be locatedbeyond 6 meters from any washing place, toilets,beyond 6 meters from any washing place, toilets,urinals, open drainage, carrying sullage or effluent.urinals, open drainage, carrying sullage or effluent.


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Latrines & Urinals (Sec 19) : FactoriesLatrines & Urinals (Sec 19) : Factorieswhere more than 250 workers arewhere more than 250 workers are

ordinarily employed, the latrine andordinarily employed, the latrine andurinal accommodation shall be ofurinal accommodation shall be ofprescribed sanitary type. The floorsprescribed sanitary type. The floors

and internal walls up to a height of 3and internal walls up to a height of 3feet and above from the floor levelfeet and above from the floor levelshould be laid in glazed tiles.should be laid in glazed tiles.


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Spittoons (Sec 20) : Spittoons are potsSpittoons (Sec 20) : Spittoons are potsthat are specially provided for, intothat are specially provided for, into

which, the workers have to spit.which, the workers have to spit.Workers cannot spit as they like.Workers cannot spit as they like.Sufficient number of spittoons shouldSufficient number of spittoons shouldbe provided, taking into account thebe provided, taking into account the

number of persons employed. A finenumber of persons employed. A fineof Rs.5 would be imposed on any oneof Rs.5 would be imposed on any onewho violates the rule.who violates the rule.


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Welfare of workersWelfare of workers

Washing facilities (Sec 42) : suitable and adequate washingWashing facilities (Sec 42) : suitable and adequate washingfacilities, as prescribed ny the State Government should befacilities, as prescribed ny the State Government should beprovided separately and exclusively for male and femaleprovided separately and exclusively for male and femaleworkers. They must be accessible and clean.workers. They must be accessible and clean.

Facilities for storing and drying clothes (Sec 43): suitableFacilities for storing and drying clothes (Sec 43): suitableplaces must be provided by the occupier to enable theplaces must be provided by the occupier to enable theworkers to keep their clothes safe so that there is not risk ofworkers to keep their clothes safe so that there is not risk oftheft in that place.theft in that place.

Sitting facilities (Sec 44) : arrangements shall be made forSitting facilities (Sec 44) : arrangements shall be made forworkers to sit and take rest where their work involvesworkers to sit and take rest where their work involves

standing posturestanding posture First aid appliances (Sec 45) : First aid boxes should be madeFirst aid appliances (Sec 45) : First aid boxes should be made

availableavailable Canteen facilities (Sec 46): factories employing 250 or more 3Canteen facilities (Sec 46): factories employing 250 or more 3

worker shall provide canteens as per rules.worker shall provide canteens as per rules.


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Welfare of workersWelfare of workers

Shelters, rest rooms and lunch rooms (Sec 47) :Shelters, rest rooms and lunch rooms (Sec 47) :suitable shelters, rest room lunch rooms withsuitable shelters, rest room lunch rooms withprovision for drinking water shall be provided forprovision for drinking water shall be provided for

every factory employing 150 workers or more.every factory employing 150 workers or more. Crches (Sec 48) : Crche is a room or place forCrches (Sec 48) : Crche is a room or place for

accommodating children below the age of six. It isaccommodating children below the age of six. It ismandatory now that every factory employing 30 ormandatory now that every factory employing 30 ormore female workers shall provide one or moremore female workers shall provide one or morecrchescrches

Welfare officers (sec 49) : In factories, where 500Welfare officers (sec 49) : In factories, where 500or more workers are employed, there shall be suchor more workers are employed, there shall be suchnumber of qualifies welfare officer employed.number of qualifies welfare officer employed.


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Working hours, holidaysWorking hours, holidays

& leave& leave Adult sec 2 (a) : an adult is a person who has completed the age ofAdult sec 2 (a) : an adult is a person who has completed the age of

18,18, Adolescent2 (b) : An adolescent is person who has completed theAdolescent2 (b) : An adolescent is person who has completed the

age of 15 buthas not completer the age of 18age of 15 buthas not completer the age of 18

Achild is a person who has not competed the age of 15Achild is a person who has not competed the age of 15 According to Sec 67, a child who has not completed the age of 14According to Sec 67, a child who has not completed the age of 14

cannot be employed to work in a factory.cannot be employed to work in a factory. Working hours : sec 51, not adult worker shall be required orWorking hours : sec 51, not adult worker shall be required or

allowed to work in a factory for more than 48 hours in a week.allowed to work in a factory for more than 48 hours in a week. Daily hours (sec54): No adult worker shall be required or allowed toDaily hours (sec54): No adult worker shall be required or allowed to

work in a factory for more than 9 hours in any day .work in a factory for more than 9 hours in any day . Interval of rest (sec 55): No adult worker shall work for more than 5Interval of rest (sec 55): No adult worker shall work for more than 5

hours unless he is given an interval of rest for at leasthalf an hourshours unless he is given an interval of rest for at leasthalf an hoursat the end of five hours of continuous work.at the end of five hours of continuous work.


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& leave& leave Night shift (sec 57): His weekly half for a whole dayNight shift (sec 57): His weekly half for a whole day

means a period of24 hours.means a period of24 hours.

Holidays (sec 52 &53) : No adult worker shall beHolidays (sec 52 &53) : No adult worker shall berequired or allowed to work in a factory, on the firstrequired or allowed to work in a factory, on the firstday of the week which is a Sunday. In case, theday of the week which is a Sunday. In case, theworker is made to work on a Sunday, then one dayworker is made to work on a Sunday, then one dayholiday must be given 3 days succeeding orholiday must be given 3 days succeeding orpreceding the Sunday.preceding the Sunday.

Compensatory holiday : it is mandatory that aCompensatory holiday : it is mandatory that aworker shall be allowed compensatory holiday ofworker shall be allowed compensatory holiday ofequal number to the holidays so lost.equal number to the holidays so lost.


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& leave& leave Annual leave with wages (sec 79 to 82) :Annual leave with wages (sec 79 to 82) :

there are two cumulative conditions. 1. athere are two cumulative conditions. 1. a

worker should have put in continuous yearsworker should have put in continuous yearsof services which means thathe shouldof services which means thathe shouldhave actually worker for 240 days or morehave actually worker for 240 days or moreduring the calendar year 2. during that year,during the calendar year 2. during that year,

for 20 days of actual work put in by him , afor 20 days of actual work put in by him , aworkman becomes eligible for one day restworkman becomes eligible for one day restleave in the succeeding year.leave in the succeeding year.


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Industrial disputes actIndustrial disputes act

19471947

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