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Factories Act, 1948Pramod Sravan B
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Introduction
The first factories act was passed in India in 1881. This act was
basically designed to protect women and children and provide
few measures for health and safety of workers.
The law was applicable only to factories which employed 100
or more workers. In 1891 another Factories act was passed and was applicable
to factories which employed 50 or more workers.
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About
Factories Act 1948 includes
Health
Safety
Welfare
Working hours of adults
Annual leave with wages
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Factory
Factory means any premises including the precincts therefore
Wherein 10 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 Wherein 20 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.
Factory does not include a mine as it is covered by IndianMines Act, 1952 or a mobile unit belonging to the armed
forces of the Union, a railway running shed or a hotel,
restaurant or eating place.
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Manufacturing Process
Manufacturing Process means any process for
Making, altering, repairing, ornamenting, finishing,
packing,oiling, washing, cleaning, breaking up, demolishing or
otherwisetreating or adopting any article or substance with a
view to itsuse, sale, transport, delivery or disposal, or Pumping oil, water, sewage or any other substance, or
Generating, transforming or transmitting power, or
Composing types for printing, printing by letter
press,lithography taking photography and other similar process
or bookbinding; Constructing, reconstructing, repairing, refitting, finishing
orbreaking up ships or vessels; or
Preserving or storing any article in cold storage.
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Definitions
Day - A period of 24 hours beginning at midnight.
Week A period of 7 days beginning at midnight on Saturday
night
Calendaryear A period of 12 months beginning the first day
of January in any year.
Power Electrical energy, or any other form of energy which
is mechanically transmitted and is not generated by human or
animal agency.
Prime mover Any engine, motor or other appliance whichgenerates or otherwise provides power
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Provisions regarding Health
Cleanliness
Disposal of wastes and effluents
Ventilations and temperature
Dust and fumes
Artificial humidification
Overcrowding
Lighting
Drinking water
Latrines & urinals
Spittoons
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Provisions regarding safety
Fencing of machinery
Work on or near machinery in motion
Employment of young persons on dangerous machines
Striking gear and devices for cutting off power
Self acting machines
Casing of new machinery
Prohibition of employment of women and children near
cotton openers
Hoists, lifts, lifting machines and others
Revolving machinery
Pressure plant
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cont.
Floors, stairs and means of access
Pits, sumps, opening in floors and others
Excessive weights
Protection of eyes/precautions against dangerous fumes,
gases and others
Precautions regarding use of portable electric light
Explosive or inflammable dust, gas
Precautions in case of fire
Specifications of defective parts or tests of stability
Safety of buildings and machines
Safety officers
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Provisions regarding welfare of
workers Washing facilities
Facilities for storing and drying clothing
Facilities for sitting
First aid facilities
Canteens, shelters, rest rooms and lunch rooms
Crches
Welfare officers
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Hazardous processes
Provisions regarding hazardous process were instructed in the Act
under a new chapter by the factories (Amendment) Act, 1987.
This act instructed two new schedules:
Listing the industries involving hazardous process
Relating to permissible levels of certain chemical substances in
work environment.
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Provisions regarding Hazardous
processes Constitution of site Appraisal committee
Compulsory Disclosure of information
Special responsibility of the occupier in the relation to
hazardous processes:
Maintaining accurate and updated health and medical records
of workers exposed to any chemical, toxic or any other
harmful substances manufactured, stored, handled or
transported
Appointing qualified, experienced and compete persons inhandling such substances to supervise handling and for
protecting the workers from the hazard
Proving for medical examinaiton of every worker at intervals.
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cont.
Appointment of inquiry committee
Emergency standards
Permissible limits of exposure of chemical and toxic
substances
Workers participation in safety management
Right of workers to warn about imminent danger
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Working hours of adults
Weekly hours < 48 hours
Weekly holidays : at least 1 holiday in a week, substitute
holidays
Compensatory holidays
Daily hours < 9 hours
Intervals for rest: at least half an hour
Prohibition of overlapping shifts : not more than 2 continuous
shift
Extra wages for overtime: wages at the rate of twice hisordinary rate of wages for overtime
Notice of period of work
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Restrictions on employment of
women and children Work between 6 am to 7pm only
Strict restrictions for women for employment between 10pm
to 5am
Employment of women in night shift is permitted only in the
case of fish-curing and fish canning.
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Annual leave with wages
Annual leave with wages
Wages during leave period
Payment in advance in certain cases
Mode of recovery of unpaid wages
Power to make rules
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Offences
A court can take cognizance of the offence only when the
complaint is made within 3 months of the date on which the
alleged commission of the offence came to the knowledge of
the inspector, but where the offence consist of disobeying a
written order made by an inspector, complaint may be madewithin 6 months of the commission of the offence.
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Penalties
General penalties for offence
Penalty for the contravention of provisions relating to
hazardous process
Penalty for obstructing inspector
Penalty for wrongfully disclosing results of analysis
Penalty relating to casing of new machinery
Penalties for offences by workers and parents
Penalty for offence by a medical practitioner
Penalty for employing child Labour
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Thank you