c dtuay Materlal

Long Questions
Factorles A.AL
Q1. Describe the objective and various provsions of the Factories
1948
1948.
Ans. "The Factories Act, 1948"- Introduction Its comprehensive
The first factories Act was passed in 881.four times.
version was introduced in 1911. was later amended
1911. It was a Government
Followiny
of Ind
the recommendations Rege Committee,
of
the GOvernment
Inda
comprehensive piece legislation which
1948. a
Cnacted the factories' Act.
came into force from April. 1949

Object: workers employed in the factories

the is to ensure to the
Theobject of Act
hours. Jeave and
other benefits.
health, safety, welfare. proper working
Definitions
means:
1. The term factory are employed and
which 10 or more workers
a
a any premises in
carried with the aid of the power.
manufacturing process is and
or more workers are employed a
b] any premises in which 20 without the aid of power.
manufacturing process is carried
for
2. The term 'manufacturing process refers to any process
a] Making, altering, repairing. ornamenting. finishing. packing. oiling
washing. cleaning, breaking up. demolishing or otherwise treating
or adapting any article or substance with a view to its use. sale
transport. delivery or disposal:
b Pumping oil. water, sewage or any other substance:
Generating, transforming or transmitting power:
d Composing types for printing. printing by letter press.
lithography. photogravure. or other similar process or book binding
e Constructing, reconstructing. repairing. refitting. finishing or breaking
up ships or vessels o
Preserving or storing any article in cold storage.
3. The term 'worker' means a
person employed {directly or
by or throughof
any agency including a contractor}, with or without the knowledge
principal employer, whether for remuneration or not in
process, or in cleaning any part of the any manufacturing
manufacturing process, or in any kindmachinery premises uscd fo
or

connected with, the of work incidental to. o

manufacturing
process or the subject of the
manufacturing process but does not include
any member of the armed
forces of the Union.
4. The term
affairs of the
'occupier' means the person who has ultimate
factory: and the partner. in the case control over th
association, any director in case of of a fim or or a)
an)
the affairs of a a company a
person
factory in case of factory owned appointed to manag
/ State government.
or controlled by Centr
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Factory Inspectorate
t 1s necessary that approval from the Chief Inspector of Factories Is
obtained the
for plans of the factory. The Ocupier has also to arrange to
register the factory with the Chief Inspector of Factories and obtain necessany
license. Factory Inspector has authority to enter the Factory to examine
premises. plant, machinery as well as registers & documents maintained
under the Act.
Health : It is necessary to provide appropriate health measures like:-
To keep clean and free from effluvia
To dispose off wastes & effluents
to maintain adequate ventilation& reasonable temperature
To prevent inhalation of dust & fumes and their accumulation in any
room
To ensure proper standards of humidity
To avoid over crowding
To provide sufficient and suitable natural & artificial lighting
To provide for sufficient supply of wholesome drinking water
To provide separately for male & female workers sufficient
latrine & urinal accommodation
To Provide sufficient number of spittncns and maintain them in clean
and hygienic condition.
Safety
lt is necessary to undertake appropriate safety measures like
T o fence dangerous pats of machines
To prohibit employment of women and children near cotton
openers.
To protect workers from repairing machinery in motion
To maintain hoists& litts of good mechanical
construction of sound materials & adequate strength
To Keep all floors, steps, stairs, passages & gangways in good
condition.
To prohibit any person from carrying or moving any load so
heavy as to be likely to cause him injury
To protect workers from injury to eyes from particles or frag1ments
thrown off in the course of the manufacturing process
To protect workers from dangerous fumes, inflammable dust.
gas and such other materials.
To protect workers from fire and provide for precautionary
measures. In case any part of building, ways, plant & machinery
is observed to be in a condition of disrepair, and is
detrimental to health and safety of workers, the Chief Inspector
of Factories can ask' the occupier to take certain measures
be fore a specified date.
60 | Noble Study Material
The Act requires factories employing 1,000 or more workers or carryind
to health of workers, to appoins
cause hazard ht
manufacturing process that can as may be notified by the State be
such number of safety officers
Government.
pro
Additional Health & Safety Provisions amendments to ensure
added through hot
Additional provisions were were required to consider
to factory RU
health and safety of workers. Suppliers and deliverino
health & aspects while
designing, manufacturing
safety by factories
materials. Special provisions
were added Tor compilance in
hazardous process
hazardous processes.
Factories carrying or yes
carrying were required to set up a
Safety
handling hazardous substances from workers & management.
Committee' with equal representation 4-
Welfare RE
measures
The Act prescribesfollowing welfare
facilities for male & female workers
1. Separate & adequate washing a
Facilities for storing of clothes not worn during working hours
2. SL
and drying of wet clothing a
Facilities for sitting of workers obliged to work normally in
3.
t
standing position.
4. First aid boxes or cupboards, One such box for every 150
workers under a separate responsible person.
5. Ambulance rooms in factories ordinarily employing 500
or more workers. 0

6. Canteens of prescribed standards, in factories ordinarily

employing more than 250 workers, to be run on non profit basis
by Canteen Committee.
7. Suitable and adequate rest rooms / shelters & lunch
rooms (if
canteen not provided) to be
provided by factories ordinarily
employing 150 workers
8. A crèche is to be
provided in a factory wherein ordinarily
more than 30 women workers
9 In a employed.
are
factory wherein 500 or more workers
occupier shall employ such number of ordinarily employed
are
the
may be prescribed. welfare officers as
Hours of Work
Rules for adult worker in a
A worker cannot be factory
be given a employed for more than 48 hours in a
holiday for whole day in week. He must
holiday in lieu of every week or
than nine hours a weekly&holiday. A worker cannot be compensatory
a

an hour after
day should get an
interval of
employed
for more
maximum five hours of work. rest of at least halt
Total period of work
2 hours in a
day. including rest
period cannot exceed 10 &
1
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shan
For overtime work above nine bours a day or 48 hours a week he ,

he paid at twice the normal rate of wages.

conditions
The state govemment can make rules under certain
twehve
providing for exemption but not beyond 10 hours of work day,
a

hours of spread over or sixty hours a week including overtime.

Rules for women d& children worker in a factory
of SIx
A woman worker cannot employed except between the hours
be
14
the evening. Employment of children below
in the momingand seven in
years totally prohibited.
is
for maximum
A child above 14 years but below 15 years can be employed
44 hours a day.
worker in a factory
Rules for women children to 6
child cannot be employed during the night time I.e. from 10 pm
A
fitness granted by a Certify ing
am Child worker must have a certificate of if he has
child above 15 years can be employed as an adult
Surgeon. A Register is
certificate of fitness to perform full day's work. A prescribed
a
maintained for child workers.
to be
Annual Leave with Wages
the
each annual leave with wages at
A worker shall be allowed year,
in case of child worker
for every 20 days [ 15 days
rate of one day
in the previous year.
of work performed of an adult and 40
accumulated for up to 30 days in
case
Leave can be
child.
days in case of a exclusive of all holidays and wages
for the
The leave admissible is
termination of service for
before leave begins. On
leave are to be paid
are to be paid in
lieu of annual leave.
any reason wages
Special Coverage & Exemption
notification can extend the coverage
The State Government by
of the Act are applicable to any
of the Act & declare that provisions
carried with or without power. During
emergency
place where manufacturing is Act for a period
or all provisions ofthe
it can exempt any factory from any
conditions it thinks fit. It can
also
not> three months at a time and on
attached to
a manufacturing place
exempt any workshop or
educational or similar institution.
Abstract & Notices
abstracts of the Act and the rules, in English
A notice containing made
local
the language understood by a majority of workers,
and a conspicuous or
there under are to be displayed in every factory at
in death or absence
convenient place. In case of accidents resulting
is to be scnt by the
Lne worker for more than 48 hours, a notice
manager to appropriate authorities.
 Worker
Obligations of a with any appliance or
articles provided .o
A worker shall not interfere
& welfare of the
workers. He should not carry ans
any
securing health, safety shall not willfully neglect
or others & to
act that cndangers himself above
contravening
worker provisions
make use of safety appliances. Any
or both.
is punishable with fine or imprisonment
Obligations of Employers
Government regarding location, plan
Obtain approval from the
license and registration certificate for
and construction of factory and
of the Act concerning health, safety and
operations. Implement all provisions
welfare. Send a written notice with prescribed data to Chief Inspector 15
days before using any premises as a factory.
Display notices maintain registers and records and submit returns
under the Act. Report fatal accidents, occupational discases contracted by
any workman to the Govemment or its specified authority in such a form or
manner as may be prescribed.
offences and Penalties
If in any factory, there is a contravention of the
Act or of any rule there under, the
provisions of the
occupier or manager may be
punished by fine of up to one lakh rupees or
years or both. Greater imprisonment of up to two
punishments
contraventions. Punishment is
are
prescribed for subsequent
allowing worker to meet prescribed
for obstructing
Inspector or for
Inspector or not
demanded by Inspector. refusing to produce records
If any worker
contravenes any
prescribed fine. provision of the Act he may be
Administration punished with
The Act is most
it is a
central comprehensive piece of labour
governments. legislation its legislation. Though
They administer implementation is left to state
Surgeons and District the Act through factory
Even though Magistrates who are Inspectors, certifying
uniform and rules of the
State Inspectors for certifying
their districts.
and their implementation varies Governments differ their
respective strength in cach depending upon number intent is
Q2. Describe state. of factories
the various
Ans.
Payment of
OBJECT OF THEWages Act, 1936
provisions of The
ACT Payment of Wages Act,
The
Payment of 1936.
classes of Wages Act
persons regulates the payment of
estimated. The Actemployed in industry
guarantees payment and
deductions except those its
importance wages to certain
authorised under ofthewages on time cannot
and
be under
Act, withnut