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1948
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Introduction to Act
Extent & Application of Act
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Objects of the Act : This act is a piece of social welfare legislation.
It governs working condition of workmen infactories and deals mainly with:
To protect workers employed in factories
against industrial & occupational hazardous. Itmakes detailed provisions regarding health,
safety & welfare of workers, in order to
provide good working conditions & other
facilities to enhance their welfare
Stringent provisions particularly with regard to
length of working hours, in regard to women
& young persons.
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Factory :
Definition : Sec. 2 (m)
Factory means any premises including the precinctsthereof(i) 10 or more workers + Manufacturing process + Aid
of Power or
(ii) 20 or more workers + Manufacturing process Aidof Power
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Terms Connected with the term Factory :
(1) Manufacturing Process
Sec. 2 (k)(i) It means any process For : (I) Making ,altering,repairing , finishing, Packing, Oiling, Washing, Cleaning or
(ii) Pumping oil, Water, Sewage or any other
substance or
(iii) Generating, Transforming or Transmitting poweror
(iv) Printing, Book binding or(v) Constructing, reconstructing or
(vi) Preserving or Storing any article in cold storage
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Approval, Licensing & registration of Factories
Sec.6
Application for permission
Presumption of Permission if nothing is
heard within 3 months
Appeal
Notice by occupier Sec. 7
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(ii) To take sample of any substance used. or
intended to be used , in a factory for the
purpose Of Finding out if the substance is
injurious to the health of the workers. ( Sec. 95)
Certifying Surgeons ( Sec. 10)
AppointmentDuties of surgeons:
(i) The examination & certification of young
persons
(ii) The examination of persons engaged in Factories
in dangerous occupations or processes.
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(iii) The Exercising of such medical supervision as may
be prescribed for any factory Where : -
(I) Cases of illness have occurred(II) Change in M / P likely to cause injury
(III) Young persons are employed in any work & is
likely to cause injury to their health.
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Health Safety and Welfare
Ch. III, IV & V Sec, 11 to 50
HEALTH : CP III. 11 To 20
Cleanliness ( Sec11)
Factory to be kept clean & free from effluvia & dirt.
Effective means of drainage
Use of disinfectants etc, painting & painting & varnishing
Disposal of wastes & Effluents (Sec. 12)
Treatment of wastes & Effluents 7 their disposal
Rules of the state Govt. prescribing arrangements
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Dust & Fumes ( Sec. 14)
Measures for prevention of inhalation or
accumulation of dust & Fumes
Exhaust for internal combustion Engine
Artificial humidification ( Sec. 15)
Prescription of standards of humidification
ventilation & cooling of air
Water used for artificial humidification to be
clean
measures by inspectors if water used forhumidification not purified,
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Overcrowding ( Sec. 16)
Overcrowding injurious to health ofworkers to be avoided
9.9 / 14.2 cubic meters of space per
worker Notice of Max. of workers to be Employed
in a workman
Exemption by C.I.
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Lighting ( Sec. 17)
Sufficient & suitable lighting in everypart factory
Glazed windows & skylights to be kept
clean Measures for prevention of Glare &
formation of shadows
Prescription of standards of sufficient &suitable lighting.
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Drinking Water ( Sec.18
Suitable points for wholesome drinking water
Drinking points to be legibly marked & to be away from
urinal, latrine etc. Cooling of drinking water where more than 250
workers employed
Latrines & Urinals (Sec. 19)
Separate latrines & urinals for male & female workersconviniently suited & adequately lighted & ventilated
Latrines & urinals accommodation to be of prescribedsanitary types floors & walls to be glazed & theircleaning
Number of L / U to be prescribed by state Govt.
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Welfare : Ch V, Sec 42 to 50
1. Washing Facilities (Sec. 42)
(A) Separate washing Facilities for M / F
( B) Prescription of standards by state Govt.
Facilities for storing & drying clothing ( Sec.43)
Facilities for Sitting ( Sec. 44)
Provision for sitting arrangement for workers
obliged to work in a standing position. Provision for sitting arrangement for workers
doing work which can be done in a sittingposition.
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First aid appliances ( Sec. 45)
At least one first aid box withprescribed contents for every 150 workers
First aid box to be in charge ofresponsible person
Ambulance room in a factory employingmore than 500 workers
Canteens ( Sec. 46)
Canteen in Factory employing morethen 250 workers the state Govt. maymake rules
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Shelters ( Sec. 46)
Where more than 150 workers are Employed in anyfactory
Shelters etc. to be sufficiently lighted, ventilated 7cooled
Creahes ( Sec. 48)
Factories Employing more than 30 women worker
Creches to be adequately lighted & ventilated & to be
under the charge of trained Women Welfare officers ( Sec. 49)
Employment of W/ O in factories Employing > 500workers
Duties, Qualifications & Conditions of service to beprescribed By the State Govt.
9. Powers to make rules ( Sec. 50)
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SAFETY Ch IV Sec. 21 to 41Safety provisions are absolute & obligatory in character.
Fencing of Machinery (Sec.21)
Dangerous part of every machinery to be securely fenced
Prescription of further precautions by State Govt.
Work on near Machinery in motion ( Sec. 22)
Exam. Of machinery in motion by a trained adult maleworker
Restriction on women & young persons.
restriction on cleaning etc. Of specified moving parts.
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Employment of young persons ondangerous machinery ( Sec. 23)
Machines dangerous for young persons to be
specified by State Govt. Restriction on young persons to work on D /
M
Striking gear & Devices for cutting of Power(Sec. 24)
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Weekly Holidays & Compensatory Holidays
No adult worker shall be required or allowed to
work on the First day of the week i.e., Sunday . (Sec. 52)
But manager can substitute for Sunday any of
the three days preceding Or following it. In no
case for > 10 days.
If worker is asked to work on weekly holidays
compensatory, holidays, within same month or
within next 2 months ( Sec. 53)
Interval for Rest : not > 5 hrs before an interval
for rest at least 1/ 2 an hr. ( Sec. 55)
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Spread over : The work shall not spread over
for > 10- hrs in any day ( Sec. 56) C.I.- 12 hrs for
specified reasons
Night Shifts: Holiday for 24 continuous hrs
beginning when his shift end ( Sec. 57)
Prohibition of overlapping Shift : ( Sec. 58)
Extra wages for overtime : ( Sec. 59)
If > 9 hrs a day or > 48 hrs a week .
overtime @ of double his ordinary rates of
wages
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Restriction on Double Employment : (Sec. 60)
Notice of periods of work for adult workers ( Sec.61)
Register of Adult Workers : ( Sec. 62)
Contains : (i) The name of each adult worker
(ii) The nature of his work
(iii) The Group , if any in which he is included
(iv) Where his group works in shifts, the relay to
Which he is allotted.
(v) Such other particulars as may be prescribed
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Annual Leave with wages
Sec. 79 :Worker worked for 240 days or moreduring a calendar year, shall be allowed during thesubsequent year,
In case of adult : One day for every 20 days of
work performed during previous calendar year. In case of child : One day for every 15 days
computation of 240 days or more :
The days of Lay off
maternity leave not exceeding 12 weeks The leave earned in the previous year.
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A worker whose service commences after1st day of January.
When a worker is discharged, or dismissedor who quits his employments or dies whilein service
Unavailed portion of leave in any year 30 /40 days.
Leave application : 15 / 30 days ( case of
illness x) No of times in which leave can be taken in a
year - 3
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OFFENCE PENALTIES
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OFFENCE PENALTIES
For contravention of the provisions of
the Act or Rules
Imprisonment upto 2 years or fine upto
Rs 1,00,000 or both
On continuation of contravention Rs 1,000 per day
On contravention of chapter IVpertaining to safety or dangerous
operations
Not less than Rs 25,000 in case of deathNot less than Rs 5,000 in case of
serious injuries
Subsequent contravention of some
provisions
Imprisonment upto 3 years or fine not
less Rs 10,000 which may extend to Rs
2,00,000.Obstructing Inspectors Imprisonment upto 6 months or fine
upto Rs 10,000 or both
Wrongful disclosing result pertaining to
result of analysis.
Imprisonment of 6 months or fine upto
Rs 10,000 or both
For contravention of the provisions of
Sec.41 B, 41 C and 41 H pertaining to
compulsory disclosure of information
by occupier, specific responsibility of
occupier or right of workers to work
imminent danger.
Imprisonment upto 7 years with fine
upto Rs 2,00,000 and on continuation
fine @ Rs 5,000 per day.
Imprisonment of 10 years when
contravention continues for one year.
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Registers to be maintained:
Accident register with Forms
Inspection book
Muster roll and wage register
Muster roll for exempted workers
Register of Adult workers
Register of compensatory holidays & overtime
Register of leave with wages
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Compliance under F.A. 1948
15th OF JAN. AND JULY
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Solution
Yes, there is violation of section 66 of the
Factories Act,1948.
According to section 66 of the Factories Act,1948
Women workers shall not be employed exceptbetween the hours of 6.00 AM and 7.00 P.M.
However, the state government may by a notification
in Official Gazette, vary these limits to the extent that
no women shall be employed between the hours o
10.00 P.M. and 5.00 A.M.
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