indian factories act

7/31/2019 Indian Factories Act

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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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indian factories act

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