Factories Act, 1948

Swati Renduchintala (33117) Tanuj Sharma (33118) Tarana Agrawal (33119) Suddhachit Mitra (F092)

Introduction
An

Act to consolidate and amend the law regulating labour in factories. 12 chapters, 141 sections, 3 schedules It extends to the whole of India It came into force on the 1st day of April, 1949. Enforced by State government(the Chief Administrative Authority)

Objectives
1.

2.

To regulate working conditions To ensure basic minimum requirements for safety, health and welfare of the factory workers are provided.

Also envisages to regulate the working hours, leave, holidays, overtime, employment of children, women and young persons etc.

Factory
Factory" means any premises including the precincts thereof(i) wherein 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 is ordinarily so carried on, or (ii) wherein twenty 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 without the aid of power, or is ordinarily so carried on,but does not include a mine subject to the operation or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

Important definitions

Worker" means a person [employed directly or by or through any agency (including a

contractor)with or without the knowledge of

the principal employer whether for remuneration or not] in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with the

manufacturing process, or the subject of the

manufacturing process [but does not include any member of the armed forces of the Union];

Adult" means a person who has completed his fifteenth year of age; Adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year; Young person means a person, who is either a child or an adolescent; Occupier means any person who has control over the affairs of the factory; Hazardous process" means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, byeproducts, wastes or effluents.

Obligations of Employers
1.

Compulsory Approval

Prior approval from the state govt. for the site.

2.

Registration and notice by occupier

Obtain licence for operating factory Notice to the chief inspector of factories before commencement Notice contains name, location, owners details and managers details etc

3. Notice of change of manager

Appointment of new manager has to be intimated to the Inspector and chief inspector in a prescribed form within 7 days

4. General duties as to health, safety and welfare of workers

Ensure reasonable safe, healthy workplace . Maintain plant and systems of work Provide necessary information, instruction, training and supervision for health and safety.

5.

General Duties as regards Articles and Substances for use in factories

Every person who designs, manufactures, imports or supplies shall: Articles designed are safe an without risk Carry out necessary tests to ensure safety Ensure adequacy of information available regarding the article

6.

To provide health measures

Disposal of effluents Ventilation, temperature and humidity Prevent dust and fumes Avoid overcrowding(14.2 cubic m/9.9 cubic m) Latrine, urinals, spittoons and drinking water

7.

To undertake Safety Measures

Fencing of all dangerous and moving parts Young persons shall not work on dangerous machines without adequate training Provide suitable gear for using driving belts and other machinery Provide safe means of escape in case of fire, fire-fighting equipment and training. The inspectors are empowered to inspect any factory building, machinery Employ safety officer for factories over 1000 workers

8. Welfare Amenities Washing/Drying wet clothes Sitting arrangements for employees First Aid Boxes, Ambulance Rooms Suitably located canteen Rest Rooms/shelters, lunch rooms Creches
9. Working hours, Holidays, Overtime Restrictions on employment of women, children, adolescents No dual employment Working hours Rest intervals and spread over No overlapping shifts Overtime

Notice of Periods of work Register of Workers Certain Exemptions Granted Earned Leave Accumulated Leave Application for leave Wages in lieu of leave

10. Leaves with Wages:

11. Display Notices, Maintain Registers, Submit Returns 12. Notices of accidents, dangerous Occurrences and diseases:

Notices of accidents causing fatalities or disablement of workers for 48 hrs or more Dangerous occurrences

13. Obligations Regarding Hazardous Processes and Substances:

Submit detailed process with regard to health and safety An on-site emergency plan Qualified persons having experience in handling hazardous substance are assigned Safety Commission consisting of members of representatives of workers and mgt.

Obligations of Employees:

Should not willfully misuse appliance, endanger himself/others, neglect to make use of any appliance for securing the health/safety of workers.

 Rights

of Employers:

Same as obligations of employees Also, right to set up a new factory or extension of an existing one Right to demand an application for leave from the worker and a med cert
Rights

of Employees:

Obligations of employers Right to obtain from the occupier, information relating to workers, health and safety A worker has a right to obtain from occupier info relating to workers health and safety at work Right to get trained in respect of workers health and safety Right to represent to the inspector directly or through his representative Right not to pay any fee/charge for facilities/appliances provided by employer Right to claim wages for or in lieu of wages allowable

Benefits of Factories Act implementation- Bhilai Steel plant

One

of the biggest steel plant of SAIL Strict adherence to the factories act as well as the norms from ILO All occupational accidents and diseases recorded and notified Occupational health : a) Pre-employment medical and periodic health check up b) Executive wellness programs c)Medical examination of superannuating employees

 Various inspection committees assessing and improving health, environment and safety performances Equal number of management and union representative in the committees

Violation of factories act in Agra

42

workers burnt to death The explosions occurred when 30 canisters kept in the store room, each with 20 litres of adhesive used to stick the rubber sole to the shoe upper, caught fire.

task force constituted to find out whether six main provisions of the Factories Act are being implemented. The provisions include : - making mandatory the construction of store rooms of adhesives away from the workplace - provision of smoke zones - adequate fire-fighting equipment - accessibility of keys to the locked doors in case of emergencies.

Violation of factories act in Tannery in Tamil Nadu

3 workers asphyxiated in K. Mohamed Haneefa Sahib and Sons in Erode Violation of the section specifying the precaution to be taken against dangerous fumes The sections reads: The section reads: No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flute or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to person being overcome thereby, unless it is proved with a manhole of adequate size or other effective means of egress.

 The a)

b)

c) d)

sub-clause moreover states that a certificate in writing has been given by a competent persons, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapor or dust; b) such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space. Show cause notice sent to the owner Conviction would lead to payment of fine upto Rs. 25000-100000 and/or imprisonment upto two years

Thank you.