FACTORY ACT 1948 (23rd September 1948)
Introduction:
Factory Act has given effect from 01.01.1949. It regulates the various obligations that an “Occupier” has to fulfill in connection with Health, Welfare, safety, Hours of employment, Leave, O.T., Rest etc.
Applicability:
This Act applies to all Railway Workshops & Production Units but does not extended to Loco Sheds & C&W Depots.
To protect workers subject to unduly long hours of bodily strain as well as to make provisions regarding
1.welfare
2.safety
3.health
4.working hours
5.payment of overtime etc
Definition:
FACTORY : Factory means any premises -
1. Where 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
2. When twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power.
MANUFACTURING PROCESS : Means any process for Making, Altering, Repairing, Ornamenting, Finishing, Packing, Ceiling, Washing, Cleaning, Breaking up or Adopting any article or substance with a view to it’s use, role, transport, delivery or disposal, or
1. Pumping oil, water, sewage or any other substance, or
2. Generating, transforming or transmitting power.
OCCUPIER : Occupier of a factory means the person who has ultimate control over the affairs of factory. Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
Main Provisions :
HEALTH :
I.
1. Every factory shall be kept clean and the floors of every workroom shall be cleaned at least once in every week.
2. All inside walls and partitions, all ceilings of rooms, sides and tops of passages and staircases shall be repainted or revarnished at least once in every period of five years and in other cases, be kept whitewashed, or color - washed at least once in every period of fourteen months.
3. All doors and windows shall be kept painted at least once in every period of five years.
II. VENTILATION & TEMPERATURE :
Effective and suitable provision shall be made in every factory for adequate ventilations and temperature.
III. DUST & FUME : Section 14
In every factory effective measures shall be taken to prevent accumulation of dust and fume in any workroom and necessary exhaust appliances shall be applied.
IV. ARTIFICIAL, HUMIDIFICATION : Section 15
In respect of all factories 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.
V. OVER CROWDING : Section 16
No room in any factory shall be overcrowded to an extent injurious to the health of the workers and there shall be in every workroom of a factory in existence of the date of commencement of this act at least 9.9 cubic meters and of factory built after the commencement of this act at least 14.2 cubic meters of space for every worker employees therein.
VI. LIGHTING : Section 17
In every part of a factory where worker are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.
VII. DRINKING WATER : Section 18
In every factory effective arrangements shall be made to provide at suitable points a sufficient supply of drinking water. All such points shall be legible marked “Drinking water” in a language understood by a majority of the workers and no such point shall be situated within six meters of any Washing place, urinal etc. and where more than two hundred and fifty workers are ordinarily
employed, provision shall be made for cool drinking water during hot weather.
VIII. LATRINES & URINALS : Section 19
In every factory sufficient latrine and urinals accommodation, separately for male and female, shall be provided conveniently situated and accessible to workers. All such accommodation shall be adequately lighted, ventilated and be maintained in a clean and sanitary condition at all time.
IX. SPITTOONS : Section 20
In every factory there shall be provided a sufficient number of spittoons in convenient places.
SAFETY
I. FENCING OF MACHINERY : Section 21
In every factory every moving part of a prime mover, every fly wheel connected toa prime mover and every dangerous part of any machinery shall be securely fenced by safeguards.
II. WORK ON OR NEAR MACHINERY IN MOTION:Section 22 & 23
While the machinery is in motion, operations shall be made or carried out only by a specially trained adult male worker wearing tight fitted clothing and no woman worker or young person shall be allowed on such machines.
III. STRIKING GEAR & DEVICES FOR CUTTING OF POWER : Section 24
In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided in every workroom.
IV. PROHIBITION OF EMPLOYMENT OF WOMEN & CHILDREN NEAR
COTON APENER : Section 27
No women or child shall be employed in any part of a factory for pressing cotton in which a cotton apener is at work.
V. HOISTS & LIFTS : Section 28
Every hoist and life shall be of good mechanical construction, properly maintained and shall be thoroughly examined by a competent person at least once in every period of six months.
VI. LIFTING MACHINES, CHAINS, ROPES & LIFTING TACKLES : Section 29
All parts, Including working gear of every lifting machine and every chain, rope shall be of good construction, properly maintained and thoroughly examined by a competent person at least once in every period of twelve months.
VII. PRESSURE PLANT : Section 31
If any factory is operated at a pressure above atmosphere pressure, effective measures shall be taken to ensure that the safe working pressure of such plant is not exceeded.
VIII. FLOORS, STAIRS & MEANS OF ACCESS :
In every factory all floors, steps, stairs, passages and gangways shall be sound construction, properly maintained and shall be kept free from obstructions and substance likely to cause persons slip.
IX. EXCESSIVE WEIGHT : Section 34
No person shall be employed in any factory to life, carry or more and load so heavy as to likely to cause him injury.
X. PROTECTION OF EYES : Section 35
Goggles shall be provided for the protection of persons employed in respect of any such manufacturing process carried on risk to the eyes by reason of exposure to excessive light as fragments thrown off.
Section 38 : In every factory all practicable measures shall be taken to prevent out break of fire and spread, both internally and externally.
Effective measures shall be taken to ensure that in every factory all the workers are familiar with means of escape in case of fire and have been adequately trained in the routine to be followed in such cases.
WELFARE
I. WASHING FACILITIES : Section 42
In every factory adequate and suitable facilities for washing, separately for male and female workers, shall be provided and maintained for the use of the worker therein.
II. FACILITIES FOR STORING & DRYING CLOTHS : Section 43
Suitable places should be provided for keeping clothing not worn during working hrs. and for the drying of wet clothing.
III. FACILITIES FOR SITTING : Section 44
In every factory suitable arrangements for sitting shall be provided for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest.
IV. FIRST-AID & APPLIANCES : Section 45
There shall in every factory be provided first aid boxes. The number of such boxes shall not be less than one for every one hundred and fifty workers and where more than five hundred workers are employed there shall be provided an ambulance room containing the prescribed equipment and medical and nursing staff.
V. CANTEENS : Section 46
Factory wherein more than two hundred and fifty workers are employed, a canteen shall be provided by the occupiers for the use of workers.
VI. SHELTERS, REST ROOMS & LUNCH ROOMS: Section 47
In every factory wherein more than 150 workers are employed, adequate and suitable shelters or rest rooms and a suitable lunch room with provision for drinking water where worker can eat meals brought by them, shall be provided for the use of the workers.
VII. CRECHES: Section 48
In every factory wherein more than 30 women workers are ordinarily employed there shall be provided suitable room or rooms for the use of children under the age of six yrs. Of such women. The crèches shall be made under the charge of women trained in the care of children.
VIII. WELFARE OFFICER : Section 49
In every factory wherein 500 or more workers are employed the occupiers shall employee in the factory such number of welfare officer as may be prescribed.
The Factories Act, 1948
(General / States)
The Factories Act 1948 consolidates and regulates the law relating to labor in factories with the introduction of the factory system and the development of modern industry bringing about great re concentrating of labor in industrial establishment the matter of health and safety of the workers became all pressing important.
The precious law relating to the regulations to labor employed in factories in India was embodied in the factories act 1934 The experience of the working of that act had revealed a number of defects and weaknesses which hampered factory administration and the present act of 1948 was enacted to overcome those defects the existing law applies to industrial establishments where manufacturing process is carried on with the aid of power where 10 or more persons are working and 20 or more workers in all other cases.
Scheme of the Act
Important Definition
Manufacturing process - Manufacturing process means any process for making altering, repairing, ornamenting ,finishing, packing, washing, cleaning, breaking up, demolishing or otherwise trading or adopting any article with a view to its use, sell, transport, delivery or disposal.
Worker - Worker means a person employed directly or by or through any agency with or without the knowledge of the principal employer whether for remuneration or not in any manufacturing process or cleaning any part of the machinery or premises used for a manufacturing process or or in any kind of work incidental to or connected with the manufacturing process or the subject of the manufacturing process but it does not include any member of the armed forces of the union.
Factory - Factory means any premises including precincts thereof more workers are working or were working on any day of the proceeding 12 months and in any part of which a manufacturing process is being carried out with the aid of power or is ordinary so carried on of. Reading the definition of worker factory and manufacturing process together together it is quite reasonable and legitimate to hold that a person to be a worker within the meaning of the factories act must be a person employed in the premises or precincts of the factory. Public emergencies means a state of emergency thereby the security of India or any part of the country thereof is threatened whether by war or by external aggression or internal disturbances.
Approval, Licensing and Registration of Factories
State Govt. may make rules requiring the submission of plans of any clause or description of factories to the chief inspector of factories requiring the previous permission in writing to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or clause or description of factories required for the purpose of considering application for such permission the submission of plans and specifications prescribe nature of such plans and specifications and by whom they shall be certified. An application for registration of a factory and grant of license shall be submitted to the chief inspector the license so obtained is renewable every year the occupier shall at least 15 days before the begins to occupy or use any premises as a factory a written notice containing name and situation of the factory name and trades of the occupier owner of the premise address to which communication may name of the manager of the factory no of workers likely to be employed and such other particulars are to be furnished.
Inspection
The inspectors are empowered to enter make examination of the premises, plant , machinery required the production of any prescribed register and other documents relating to the factory and obtain on the spot or otherwise statements of any persons and exercise such other powers as may be prescribed The inspectors are also empowered to prosecute conduct or appear before the court and make any complaint. Or institute other proceedings arising under the act or in discharge of his duties as the case may be.
Health
Cleanliness of the Factory
Every factory shall be kept clean and free from drain etc Accumulation of dirt and refuse shall be removed daily The employer should maintain a record of dates of washing varnishing are carried out etc.
Disposal of waste , Ventilation and Temperature, Dust and Fume, Over Crowding, Drinking Water etc. are to be maintained clean in Daily work outs
Safety
1) Fencing of Machinery
In every factory every moving part of a prime mover and every fly wheel connected to a prime movers every head race and tail race of every water turbines every part of stock of a lathe and every part of electric generator motor rotary converter transmission machinery and every dangerous part of any other machinery shall be securely fenced by safeguards of substantial construction which shall be continuously maintained and kept in position while the parts of machinery are running or use. The act imposes a duty to fence whether the prime movers and transmission machinery are dangerous or not instructions have been issued to the employees is to defence for breach of statutory obligation to fence the fence should be normal and that of a fixed guard if owing to the nature of the operation the safety
of the dangerous spot to any machinery cannot be secured by a fixed guard a device which automatically prevents the operator from coming into contact with the dangerous spot must be provided.
2) Work on near machinery in motion.
The act also prescribes that whenever it became necessary to examine any part of machinery while in motion or to carry out lubrication or other adjusting operation such examination shall be carried only by a specially trained male worker weaving a tight fitting clothing and the trained persons names should be recorded in the register prescribed.
3) Employment of young persons on dangerous machines.
No women or young persons shall be allowed to clean, lubricate or adjust any part of prime mover or of any transmission machinery while in motion No young person shall work at any machinery unless he has been fully instructed as to the dangers arising in connection with machines and the precautions to be observed and has received sufficient training and is under adequate supervision.
4) Prohibition of employment of workman and children near cotton openers.
The act also specially prohibits employment of women and child in any part of the factory for pressing cotton in which a cotton opener is at work In every hoist and lift shall be of good mechanical construction and sound material and adequately strength and which shall be properly maintained and through examined by a competent person atleast once in every period of 6 months and a register shall be kept in for no36
In every factory every lifting machine, every chain rope and lifting tackle shall be of good construction sound material and adequate months by a competent persons approved by the chief inspector of factories.
The rule also prescribes that no man women of young person shall unaided by another person lift, limit in weight set out in the schedule.
5) Precaution in case of fire.
In every factory there shall be provided such means of escape in case of fire the act
was amended in the year 1976 where in a provision to appoint safety officers where
1000 or more workers are ordinarily employed is made.
Welfare
Washing Facilities
In every factory adequate and suitable facilities for washing shall be provided and maintained separately and adequately screened facilities shall be provided for the use of male and female worker and such facilities shall be conveniently accessible and shall be kept clean The act also provides for the facilities of storing and dying of clothes and sitting facilities in every factory there shall be provided and maintained first aid boxes. The state govt. are empowered to make rules requiring that in any specified factory where in more than 250 workers are ordinarily employed a canteen or canteens shall be provided a maintained by the occupier for the use of the workers.
In every factory wherein more that 150 workers are ordinarily employed adequate and suitable shelters or rest rooms and a lunch rooms shall be provided.
The following are the duties of welfare officers - The duties of welfare officer shall be
- To establish contacts and hold consultations with a views to maintaining harmonious relations between the factory management and workers.
- To maintain a liaison regarding grievance of workers and to interpret labor policies
to the workers in a language they can understand.
- To advice the factory management on obligations statutory or otherwise concerning the application of the provisions of the factories and the rules made there under
- To promote between management and which will ensure productive efficiency and to help workers to adjust and adapt themselves to their working environments
- To advise the management on provisions of amenities such as sickness and benevolent scheme, gratuity payments, leave etc.
- To advice on welfare provision such as housing facilities foodstuff social and recreational facilities and sanitations.
- To advice factory management on questions relation to supervision and control of notice board and information bulletins to further education of worker and to encourage their attendance at technical institutes.
- To encourage the formation of work and form production committees cooperative societies and safety and welfare committees and to supervise their work.
- To suggest measures which will serve to raise the standard of living of worker and
in general promote their well being and
- To work for the improvements of education facilities and to promote adoption of the family welfare measures amongst the workers.
Working Hours
Sec 51 to 65 prescribe the hours of working in a factory weekly holidays intervals for rest etc. These regulations relating to labor which are of great importance and which have evoked good deal of controversy and are designed to promote welfare of the laboring class by fixing the number of their working hours are provided in the act. No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week sec 51 and no adult worker shall be required or allowed to work in a factory for more than 9 hours in and day sec 54 the first day of the week shall be allowed as weekly holiday provided substitution may be allowed on the day immediately before or after the said holiday provided substitution may be allowed on the day immediately before or after the said holiday sec 52 the period of work of adult in a factory each day shall be so fixed that no period shall exceed 5 hours before he has availed an interval for rest at least for ½ an hour the period of work of a adult worker in a factory shall be so arranged that inclusive of his interval for rest shall not spread over more than 10 and ½ hours in a day The Act also prohibits overlapping of shifts.
Employment of young persons (sec67 to 71)
No child who has not completed his 14 th year shall be required or allowed to work in a factory a child who has completed 14 th year or a adolescent shall be issued certificate of fitness and such person should carry a taken giving a reference to such certificate while on work No child shall be employer for more than 41/2 hours in any day and shall not be employed during the night.
The period of work of all children employed in a factory shall be limited to two shifts which should not spread over more than 5 hours each as in the case of adult notice of period of work for children should be displayed the said notice should clearly show the periods during which children may be required or allowed to work. The manager of every factory should maintain a register or child workers with the following – The name of each child worker in the factory – the nature of his work – the no. of his certificate of fairness. The register of child worker shall be in the form no.14.
Annual Leave with Wages(sec78 to 84)
Every worker who has worked for a period of 240 days or more in a factory during a
calendar year shall be allow during the subsequent calendar year leave with wages for no of days calculated at - for an adult 1 day for every 20 days of work performed by him during the previous calendar year.- in the case of a child 1 day for every 15 days of work performed by him during the previous calendar year . Annual leave with wages deals with the provisions for a certain no. of holidays for the workers employed in factories.
Where a worker on his own accord does not avail himself of the leave hr can accumulate the unexpired leave subject to max sec 79/5 provides that the max leave that can be accumulated shall shall not exceed 30 in case of adult or 40 in the case of a child where due to exigencies of situation a worker is not granted the leave he can accumulate the same without limit in the case of termination of services special provisions are made for proportionate leave any payment in lieu thereof if a worker is discharged or dismissed from his service or quits his employment or is superannuated or dies while in service special provisions from service his nominee as the case may be shall be to get wages in lieu of the quantum of leave to his credit immediately before his discharge of employment. Provision is also made for payment of advance wages for workers going on leave what constitute wages payable to a worker is clearly indicated however details concerning the calculation of number of holidays exclusion of certain holidays like weekly holidays and festival holidays absence without leave on reasonable grounds up to a certain no. of days in a year are all provided in detail.
Special Provisions (sec 85 to 91)
The state govt. may also exempt any work shop place where the manufacturing process carried on and is attached to public institution maintained for the purpose of education training research or reformation from all or any of the provisions of this act however no exemption shall be granted from the provisions relating to hours of work and holidays unless the institution gets specified approval.
Where the state govt. is of the opinion that any manufacturing process or operation carried on in a factory expose any person employed in it to those factories specifying the operation as dangerous prescribe or restrict employment of women adolescents or children provide for periodical medical exam, provide for protection of all persons employed prescribe restrict or control the use of any specified material require the provisions of additional welfare amenities and supply of protective equipment's and provide for directing the manager or occupier to carry out such measures. Notices person injured is prevented. The notice of accident shall be in the of accidents where in any factory an accident occurs which causes death or which causes any bodily injury by reason of which The notice of accident shall be in form no 18 where any worker contracts any disease specified in the schedule the manager of the factory shall send notice to such a authorities.
The inspector is empowered to take sufficient sample of any substance used or intended to be used in the factory which in the belief of the inspector is in contravention of any of the provisions and in the opinion of the inspector likely to cause bodily injury o\r to the health of workers before taking samples the inspector should inform the occupier and taken the samples during the normal working hours.
Also See
