Factories Act, 1948

Problem of Health, Safety and Welfare of factory workers have been engaging the attention of the Govt since the last quarter of 19th century. Ist attempt to regulate working condition was made in 1881. This was replaced by a new Act in 1911 and this was overhauled in 1934 on recommendation of Royal Commission of Labour. This was replaced by more comprehensive Factories Act 1948. Valid till now with several amendments.

OBJECTIVE An important act that aims at providing concrete clarity to all industry engaged in manufacturing with clear guidelines for the conduct of their business. Also clarifies the position holders with due accountability for the compliance of this act.

Factories Act . contd




Applicability of the Act

Sec.2(ii) Any premises whereon 10 or more persons with the aid of power or 20 or more workers are/were without aid of power working on any dayd preceding 12 months, wherein Manufacturing process is being carried on.




Registration & Renewal of Factories

Secs. 6
To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan.

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SALIENT FEATURES  Detail guidelines with due clarity is provided for in this Act on norms to be followed by a factory on subject like 1 Health 2 Safety 3 Protection from hazardous operation 4 Welfare facilities and cleanliness in the premises 5 Working hours / Holidays, overtime, leave 6 Treatment of young persons namely adult, adolescent, child and women workforce. . The act amply clarifies maintenance of detailed records on the above subject with predefined formats & frequencies.


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1 Health (Secs. 11 to 20)
Employer to ensure health of workers pertaining to      

Cleanliness, Disposal of wastes and effluents Ventilation and temperature, dust and fume Overcrowding, Artificial humidification Lighting Drinking water. Latrines and urinals. Spittons.

Factories Act . Contd

2 Safety (Sec 21 to 40)
       

 

Safety Measures Facing of machinery Work on near machinery in motion. Employment prohibition 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 cottonopeners. Hoists and lifts. Safety Officer wherein 1000 or more workers are employed.
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Factories Act . contd

Welfare Measures (sec 42 to 49)
   

 

 

Washing facilities Facilities for storing and drying clothing Facilities for sitting First-aid appliances, one first aid box - not less than one for every 150 workers. Canteens when there are 250 or more workers. Shelters, rest rooms and lunch rooms when there are 150 or more workers. Creches when there are 30 or more women workers. Welfare Officer when there are 500 or more workers

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Working Hours, Spread Over & Overtime of Adults
Secs. 51, 54 to 56, 59 & 60
      

Weekly working hours not more than 48. Daily hours, not more than 9 hours. Intervals for rest at least hour on working for 5 hours. Spread over not more than 10 hours. Overlapping shifts prohibited. Extra wages for overtime double than normal rate of wages. Restrictions on employment of women before 6AM and beyond 7 PM.

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Employment of Women & Young Persons

Women workers are not be employed during night i.e. after 7 p.m. and before 6 a.m. Prohibition of employment of young children e.g. 14 years. Non-adult workers to carry tokens e.g. certificate of fitness. Working hours for children not more than 4 hrs. and not permitted to work during night shift.

  




Annual Leave with Wages (Secs. 79)

A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days. Accumulation of leave for 30 days for adult, 40 days for children. Refused leave can be carried forward to any limit.

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OFFENCE
For contravention of the Provisions of the Act or Rules On Continuation of contravention On contravention of Chapter IV pertaining to safety or dangerous operations. Wrongful disclosing result pertaining to results of analysis. For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger. Obstructing Inspectors


 

PENALTIES Sec.92
Imprisonment upto 2 years or fine upto Rs.1,00,000 or both Rs.1000 per day Not less than Rs.25000 in case of death. And not less than Rs.5000 in case of serious injuries. Imprisonment upto 6 months or fine upto Rs.10,000 or both. 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.

 

 

Imprisonment upto 6 months or fine upto Rs.10,000 orboth.

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Factories Act . contd

Returns/Registers
Approval of Plans Certificate of Stability Application for Registration Grant and renewal of License Notice of Change of Manager Record of white washing, varnishing, painting, etc. & repainting, re-varnishing Register of workers attending to machinery Report of examination of lifting machinery / ropes / tackles by competent person Examination of pressure plant by competent person Externally Internally Hydraulic Test Register of Compensatory Holidays

Form no
I 1-A 2 3 5 8 10 12 13

When to Comply
Before situationg a factory or construction or extension of it Once every 5 years After commencement of Factory Starting and renewal on or before 31st Oct., every year As and when Factory Manager changes To be maintained always To be maintained always Certificate to be obtained annually

Every Six Months Once in Twelve months Once in four years 14 To be maintained always
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Returns/Registers
Notice of period of work for adults Register of adult workers Leave with wages register Leave Book Report of accident by the Manager Notice of Dangerous Occurrence Abstract under the Act Annual Return Muster Roll Register of accidents & dangerous occurrences Inspection Book Notification of Paid Holidays

Form no
16 17 20 21 24 24A 26 27 29 30 31

When to Comply
To display and maintain To be maintained always To be maintained always To display and maintain To be submitted to Factory Inspection office as and when accident takes place Within 12 hours of taking place of such accident To be displayed always To be submitted to Factory Inspection office on or before 1st Feb. every year To be maintained if Form 17 & 19 are not maintained To be maintained always To be maintained always To display and to submit to Factory Inspection Office every year in January
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