Program- Mechanical Engineering

Code- 22509
Unit Outcome 2- Explain the main
provisions
Dr. Shrikant Gorane, of The Indian Factory Act
1948
Lecturer in Mechanical Engineering,
Government Polytechnic, Nashik
6th July 2020

MSBTE LEAD
 Management
22509
The main provisions of The
Indian Factory Act 1948
MSBTE LEAD

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 OBJECTIVES

 To know the objectives, scope and coverage of the Act

 To understand the provisions relating to health, safety and welfare

 To interpret the provisions relating to working hours, and leave

 To understanding about the special provisions for women and young persons

 To know the recommendation of the national commission on labour

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 INTRODUCTION

 The factory act received the assent of Governor-General of India on September 23, 1948
and came into force on April 1, 1949. This act was further amended in 1950, 1951, 1954,
and lately in 1987

 This act is applicable to factories established in of India in which 10 or more workers are
employed with use of power or 20 or more workers are employed without the use of power

 The factories act has a provision in respect of Employee health and safety, Hours of work,
sanitary conditions and work environments, Employee welfare, Leave, wages, etc.

 The Act also makes provisions regarding employment of women and young persons, annual
leave with wages etc.

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 IMPORTANT DEFINITIONS
 Factory- A place wherein ten or more persons are working and in which a manufacturing process is
going on using electricity, steam, oil, etc.

 Manufacturing process- A process for making, altering, repairing, finishing, packing, washing,
cleaning, or otherwise treating a substance for its use, sale, transport, disposal.

 Worker- Worker means a person employed directly or through any agency involve in the
manufacturing process.

 Adult- A person who has completed his eighteenth year of age, Child- A person who has not
completed his fifteenth year of age.

 Power- Electrical energy, mechanically energy, steam energy, heat energy etc.

 Machinery- Appliances whereby power is generated transformed or transmitted.

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 Occupier of factory- A person who has ultimate control over the affairs of factory 22
 APPROVAL, LICENSING AND REGISTRATION OF
FACTORIES
For Starting factory

 Take permission of the state government or chief inspector for the site on which factory is to
be made.

 Get the factory plans and specifications approved by the inspector of industries.

 Pay the necessary fees and get the registration and licensing of the factory.

 In case of refusal from chief inspector or state government, the applicant within 30 days
may appeal to government.

 An occupier should, at least 15 days before he occupies a place as a factory, send to Chief
Inspector a written notice containing name and address of occupier and factory, nature of
manufacturing process, nature of power to be used, name of factory manager, number of
workers required, etc.
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 APPROVAL, LICENSING AND REGISTRATION OF
FACTORIES
The Inspecting Staff and duties

 State government appoints Chief Inspector and other Inspectors who may enter any
factory, Make examination of premises, plants, machinery and any documents related to
factory.

Certifying Surgeons

 State government may appoint qualified medical practitioners as certifying surgeons for

• The examination and certification of young workers

• The examination of workers engaged in dangerous occupation or processes.

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 HEALTH MEASURES

1. Cleanliness

 Cleaning the factory everyday

 Washing of floors using disinfectant of work every week

 Effective means to drainage to avoid collection of water, etc.

 All inside walls and partitions, all ceiling tops of rooms, passage and staircase to be
repainted once in 5 years.

 Washing of wall ceiling to be carried out at least once in fourteen months

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 HEALTH MEASURES

2. Disposal of Wastes and Effluents- Suitable arrangements should be made for the disposal of
wastes and effluents arising from manufacturing process.

3. Ventilation and Temperature- Adequate ventilation and proper temperature to provide

conditions of comfort.

4. Dust and Fumes- Employer shall take necessary steps to keep workrooms free from dust or
fumes.

5. Artificial Humidification- In factories (e.g., textile) where humidity of air is artificially

increased, the proper equipments should be provided to workers like mask to avoid health
hazards and the drinking water should be employed for humidification

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 HEALTH MEASURES

6. Overcrowding- The minimum space provided for a worker should be 4.2 cu. m.

7. Lighting: Light whether artificial or natural or both, should be sufficient and suitable in all
workrooms.

8. Drinking Water- Section 18 deals with the provisions relating to arrangements for drinking
water in factories. Effective arrangements shall be made to provide and maintain at suitable
points conveniently situated for all workers.

9. Conservancy Arrangements- In every factory, there shall be provided and maintained,

separate arrangement for toilets for male and female workers at convenient places.

10. Spittoons- Section 20 (1) lay down that in every factory, there shall be provided a sufficient
number of spittoons in convenient places. They shall be maintained in a clean and hygienic
condition.
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 WELFARE MEASURES

 Washing facilities should be provided for male and female workers

 Facilities for sitting should be provided during work to take rest if an opportunity occurs
during their work, without affecting the work.

 First aid appliances

• For every 150 workers, minimum one fully equipped first-aid box shall be kept
available during all working hours.

• A factory employing more than 500 workers shall have a properly equipped
ambulance room.

 Canteens- A canteen shall be provided in each factory in which more than 250 workers are
employed.
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 WELFARE MEASURES

 Every factory in which more than 150 workers are ordinarily employed, adequate, suitable,
clean, sufficiently lighted and ventilated rest and lunch rooms shall be provided.

 Creches- Every factory shall provide clean, adequately lighted and ventilated rooms for the
use of children (under the age of six years) of women workers

 Welfare officers-

• Every factory employing 500 workers or more shall employ welfare officers.

• The state government may prescribe the duties, qualifications and conditions of
service of welfare officers so employed.

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 SAFETY MEASURES

 Fencing of machinery- The reciprocating and rotary part shall be securely fenced

 Any part of machinery if it is required to be examined while it is in motion shall be examined

only by a specially trained adult male worker wearing tight fitting clothing.

 No young person shall work on a dangerous machine unless he has got sufficient training
and he is under adequate supervision of an adult experienced worker/supervisor

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 SAFETY MEASURES

 Hoists shall be of good mechanical construction, adequate strength and sufficiently protected

 Hoists should be regularly maintained and periodically (at least once in six months)
examined.

 Hoists shall have at least two ropes or chains separately connected with the cage

 Lifting machine shall be of good construction, sound material, adequate strength, properly
maintained

 Lifting machines should be thoroughly examined at least once a year.

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 SAFETY MEASURES

 Pressure plants should be ensured that the working pressure of such parts does not exceed
the safe value.

 Floors, stairs should be of sound construction, properly maintained and provided with
handrails.

 Pits, sumps, openings in floors shall be either securely covered or suitably fenced

 No person shall be asked to lift, carry or move any load so heavy as to cause him an injury.

 Worker shall be provided with effective screens or suitable goggles to protect the eyes of
workers from the flying particles or from exposure to welding rays, each.

 No person shall be allowed to enter any confined space, chamber, tank, pit, etc. in which
dangerous fumes are likely to be present.
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 SAFETY MEASURES

 If a manufacturing process is producing dust, gas, fumes or vapour which can explode on
ignition then the plant should be shutdown immediately

 Every factory shall be provided with means to escape in case of fire such as

• Fire warning signal.

• Unlocked doors and openings towards outside the workroom.

• Free passageways

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 WORKING HOURS

 Ault worker shall be required to work in the factory for not more than 48 hours a week.

 There should be one day weekly off for every worker

 No adult worker shall be required to work for more than nine hours on any day.

 No adult worker shall be required to work for more than 5 hours continuously, after five
hours, the worker shall have a rest for at least half an hour.

 If a worker works for more than nine hours on any day or for more than 48 hours in any
week, he will get his overtime wages at the rate of twice his ordinary rate of wage

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 WORKING HOURS

 No adult worker shall be allowed to work in a second factory if he is already been working in
one factory.

 Factory manager shall maintain a register of adult workers (stating their names, nature of
work, group work, etc.) and make it available to the Inspector at all times during work
hours.

 No women shall be employed in any factory except between the hours of 6 A.M. and 7 P.M.

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 WORKING HOURS FOR CHILDREN

 A child bellow 15 years of age shall not be allowed to work in a factory

 For adult, certificate of fitness is necessary for worker by a certifying surgeon after
examining him

 For adults the period of work is to be limited to two shifts only and Employment during
night, i.e. Between 10 p.m. And 6 a.m. Is prohibited

 The working should not to exceed 5 hours

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 ANNUAL LEAVE WITH WAGES

 A worker who has worked for 240 days or more during a calendar year shall be permitted
during next calendar year, leave with wages for a number of days at the rate of

• One day for every 15 days of work performed by a adult worker.

• One day for every 20 days of work performed by an young worker

• A worker interested to take leave shall apply 15 days in advance.

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 GENERAL PENALTY FOR OFFENCES

 In case of any breach of any of the provisions of this Act, the occupier and factory manager
are punishable with up to 2 years of imprisonment or fine up to Rs. 100,000 or both.

 If contravention continues after conviction, there will be a fine of Rs. 1000 per day.

 If the person does contravention of the same provision again, he shall be punishable with
imprisonment up to 3 year, a fine up to 3 lakhs or both.

 Penalty for Obstructing Inspector- An Occupier/Manager shall be punishable with

imprisonment up to 6 months or fine up to Rs. 10,000 or both if he

 A worker who breach this provision shall be punished with up to 3 months imprisonment or a
fine of Rs. 100, or both.

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 GENERAL PENALTY FOR OFFENCES

 If notice received by an Inspector has been served under the provisions of the Act may
appeal against it to the prescribed authority within 30 days of the service of order

 No factory worker will misuse any appliance

 No inspector will ever disclose any information relating to manufacturing processes, etc.,
which comes to his knowledge in course of his official duties.

 An inspector who does so shall have up to 6months of imprisonment, or a fine of Rs. 1000,
or both

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RECOMMENDATION OF THE NATIONAL COMMISSION ON
LABOUR
 The Government of India has set up the second national labour commission on 15th
October, 1999.

 The commission has made valuable suggestions to improve the harmonious relations among
the workers.

 It is an umbrella of the legislation to ensure a minimum level of protection to the workers in

the unorganized sector.

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RECOMMENDATION OF THE NATIONAL COMMISSION ON
LABOUR
 Children withdrawn from employment in hazardous industries should be provided with
special schools, vocational training, supplementary nutrition, stipends, health care, etc.

 A women cell has been set up which provides the opportunities for increasing the
employment opportunities for women.

 It also helps the women to be aware of their rights and opportunities so as to become
economically independent.

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RECOMMENDATION OF THE NATIONAL COMMISSION ON
LABOUR
 To achieve for the occupational safety and health of the workers, the Directorate General of
Mines Safety (DGMS) and Directorate General of Factory Advice Services and labour
Institutes( DGFASLI) have been set-up for mines, ports and factories.

 It monitors the working environment, man-machinery interface training and safety

requirements of the workers.

 Publication of the labour statistics and other information regarding employment, wages,
earnings, industrial relations, working conditions, etc.

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RECOMMENDATION OF THE NATIONAL COMMISSION ON
LABOUR
 It also complies and publishes the data related to consumer price index numbers for
industrial and agriculture workers.

 It also recommends educating the workers to enhancing productivity

 It is also responsible for the social security and welfare of the working labourers through
certain Acts like the Workmen's Compensation Act, 1923, the Employees State Insurance Act
1948, etc.

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 CONCLUSIONS

 The factory act 1948 applied to all the organisations employing 10 or more workers where
power is not used and employing 20 or more workers where power is used

 Factory act containing many provisions regarding health, safety welfare, employment of
young persons and women, working hours and leaves and wages

 The responsibility of administration of this acts rests with state government through there
factory inspectors

 If this act implemented properly the there will be social and economical progress of the
workers and finally the social status of workers will be enhanced

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 THANK YOU

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