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FACTORIES ACT 1948

INTRODUCTION:

First factories act was passed in 1881. The object was to improve working conditions of
workers in factory. Before the act was passed the working conditions were very poor,
with excessive working hours and almost no facilities, there were no safety measures, to
prevent accident. The Act was amended in 1891, 1919,1934 and then it was completely
restructured in 1948.

IMPORTANT DEFINATION:

FACTORY means any premises were –

(a) 10 or more workers are working and in any part of which manufacturing process
is carried out with the aid of power or is ordinarily carried on.
(b) Where 20 or more workers are working and any part of which manufacturing
process is carried out without aid of power or is ordinarily carried on.
But it does not include –
i) A mine
ii) Railway running shed
iii) Hotel, restaurant or eating place.

EXPLANATION;

1. The factory is define by considering the premises hence a factory may not have a
building.
2. It is necessary that manufacturing process is carried out.
3. The manufacturing process need not be carried on in the whole premises and all
the time hence accounts department is also a factory if manufacturing process is
carried on in the machine shop.
4. If the manufacturing process is carried on with the aid of power 10 workers would
make it a factory and if the manufacturing is carried on without the aid of power
then 20 workers would make it a factory.

WORKERS

Means a person employed directly or through contractor with or without the knowledge
of principal employer whether for remuneration or not in any manufacturing process or
cleaning any part of machinery used for M.P. or any other work which is connected with
the MP but close not include any member of defense process.

EXPLANATION

1. Worker is a person who is employed in –


a) Manufacturing process
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b) Cleaning any machinery used for manufacturing process or


c) Any work connected with MP. Thus a watchman, accounts officer or a
sweeper is also a worker just like a turner, grinder.
2. He may be employed directly or through contractor further the principal employer
may not have knowledge about a particular person employed as a worker.
3. Any person who is employed without wages eg. learner is also a worker.
4. The nature of work is irrelevant hence the General Manager of factory is also a
worker just like sweeper.

MANUFACTURING PROCESS means any process for

1. Making, altering, repairing, ornamenting, finishing, oiling, packing, washing,


cleaning, breaking up or treating any article or substance for its use, sale or
delivery.
2. Pumping oil, water or any other substance.
3. Generating, transforming or transmitting power.
4. Composing, printing or book-biding.
5. Constructing, re-constructing or repairing ships or vessels.
6. Storing any article in cold storage.

EXPLANATION

MP has very wide interpretation. It is not necessary that a new article is created out
of MP pumping water, obtaining salt from sea water are examples of MP. Similarly
cloths, washing garments is also a MP.

OCCUPIER Means the person who has ultimate control over the affairs of the
factory –
(a) In the case of a firm anyone of the individual partners shall be deemed to be a
occupier.
(b) In the case of a company anyone of the director shall be deemed to be a occupier.
(c) In the case of a factory controlled by the state or Central Govt. the person
appointed by such govt. to manage the affairs of factory.

DUTIES OF THE OCCUPIER for the compliance of the provisions of factories


act is totally responsible for the health, safety and welfare of all the workers at work.
His duties, in particular are –

(a) Maintenance of the plans in the same condition without any risk to health.
(b) Arrangements for the used, storage and transport of various articles in a same
manner
(c) Giving information, instruction and training to the workers for their health and
safety.
(d) Providing safe entry and exit to and from the places where workers work.
(e) Maintaining such working environment with adequate welfare facility.
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2. Every occupier shall prepare a written statement of his general policy about his
health and safety of workers. He shall revise the policy as often as necessary.

CERTIFYING SURGEON

1. The State Govt. appoints qualified medical practitioner as ‘CERTYFING


SURGEON’ for different areas.
2. He may appoint other persons to act as Certifying Surgeon under him. His duties
are :-
(a) Medical examination of young persons.
(b) Medical examination of persons engaged in dangerous occupation.
(c) Carrying out medical supervision where there are cases of illness due to
nature of manufacturing process.

HEALTH PROVISIONS

1. CLEANLINESS

(a) Every factory shall be kept clean and free from effluvia (
) arising from any drain etc.
(b) Dust shall be remove daily by sweeping and disposed of in a suitable
manner.
(c) If the floor becomes wet due to MP effective means of drainage shall be
provided.
(d) All the walls, partitions and ceilings shall be either painted or white wash
once in 14 months and the dates of such work shall be recorded in a
register.

2. DISPOSAL OF WASTE:
(a) Effective arrangement shall be made in any factory for the treatment of waste
and MP so that; they become harmless.
(b) The State Govt. shall make rules prescribing the arrangements.

3. VENTILATION & TEMPARATURE

(a) Every factory shall have suitable provision for adequate ventilation by circulation
of fresh air.
(b) The temperature shall be such which is comfortable to the workers.
(c) Walls and rooms shall be of such; material so that the temperature is as low as
possible.
(d) State Govt. prescribes standards of adequate ventilation and reasonable
temperature for different factories.
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4. DUST AND FUMES

(a) In certain factories dust or fume is created due to MP which may be injurious to
workers effective measures shall be taken to prevent inhalation.
(b) Wherever necessary exost fans shall be installed.

5. ARTIFICAL HUMIDIFICATION

(a) In certain factories humidity is required for manufacturing process if it is not


naturally available then it is artificially created. However it may create health
problems for the workers.
(b) Hence the State Govt. prescribes the standards of humidification and regulations
for the methods for increasing humidity.
(c) If humidity is artificially increased the water used for it must be taken from a
public supply or drinking water.

6. OVER CROWING

(a) If any workroom is overcrowded, it affects efficient working and also may lead to
accidents.
(c) Hence 14.2 cubic meters of space has to be available for every worker of a
factory.

7. LIGHTING

(a) In every part of factory where workers are working or passing there shall be
provided sufficient & suitable lighting natural or artificial shall be provided and
maintained or both.
(b) Direct glare from light and formation of shadows shall be avoided.

8. DRINKING WATER

(a) Suitable water points shall be conveniently situated to provide sufficient supply of
wholesome drinking water.
(b) The water points shall be marked as “Drinking water” in a language understood
by majority of workers.
(c) Such points shall be at least 6 meters away from any urinal, latrine etc.
(d) Where more than 25o workers are employed, cool drinking water shall be
provided during hot season.

9. LATRINS & URINALS

(a) Sufficient latrines and urinals arrangement shall be provided at convenient places
for workers.
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(b) This arrangement has to be separate from male and female workers and has to be
adequately lighted and ventilated. It shall be kept clean and in s sanitary
condition.
10. SPITTOONS

(a) Sufficient number of spittoons shall be provided at convenient places and they
shall be maintained in a hygienic conditions.
(b) The number of spittoons shall be prescribed by the State Govt.
(c) No person shall spit except in the spittoon and any person breaking this rule
shall be punished with fine.

SAFETY PROVISIONS

1. FENCING OF MACHINARY
Every moving part of a prime mover, every part of electric generator, transmission
machinery and dangerous part of other machinery shall be securely fenced.
2. WORK ON OR NEAR MACHINERY IN MOTION
If it is necessary to examine the machinery in motion or to carry out lubrication or
adjusting operation, it shall be doe only by a specially trained adult make worker.

3. EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINE


No young person shall work at a machine which is dangerous unless he has
received full instruction about the dangers and has adequate supervision by
another experienced person.

4. STRIKING GEAR & DEVICES FOR CUTTING OFF POWER


(a) Suitable striking gear shall be provided for the movements of driving
belts.
(b) In order to cut off power in emergencies a suitable device shall be
provided.
(c) Such device shall be kept in locked condition so that it is not switched on
or off by accident.

5. SELF ACTING MACHINES


Self acting machines shall have enough space so that any person passing is not
hurt.

6. PROHIBITION OF EMPLOYMENT OF WOMEN& CHILDFREN NEAR


COTTON OPENER
No woman or child shall work in any part of factory for pressing cotton in which
a cotton opener is at work.

7. HOISTS AND LIFTS


(a) Every hoist and lift shall be of good mechanical construction, sound
material and adequate strength.
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(b) They shall be properly maintained and thoroughly examined by a


competent person at least once in six months.
(c) There shall be safe enclosure to the cage.

8. LIFTING MACHINES, CHAINS, ROPES ETC


Every lifting machine other than lift and hoist shall be of good construction,
sound material and adequate strength, it can be thoroughly examined by a
competent person atleast once in a 12 months.

9. PRESSURE PLANT
(a) If any plant or machinery is operated at a pressure above the atmospheric
pressure, effective measures shall be taken to ensure its safe working.
(b) State Govt. makes the rules for the examination and tests for such plant.

10. FLOORS, STAIRS & MEANS OF ACCESS


(c) In every factory all stairs, passages etc. shall be of sound construction and
properly maintained.
(d) They shall be kept free from any obstructions.

11. EXCESSIVE WEIGHTS


(a) No person shall carry, lift or move any load so heavy as may cause injury to
him.
(b) State Govt. makes the rules prescribing the maximum weights which may be
lifted, carried or moved.

12. PROTECTION OF EYES


If the MP involves a risk of injury to the eyes because of particles or excessive
lights suitable goggles or screens shall be provided to the workers.

13 DANGEROUS FUMES, GASES ETC.


(a) No person shall enter any chamber, tank etc where there may be dangerous
gas or fume.
(b) A manhole of adequate size shall be provided.

14. PRECAUTION IN CASE OF FIRE


Effective measures shall be taken to prevent the out break or spread of fire and
every worker shall be trained in the routine to be followed in the even of fire.

15. SAFTY OFFICER


(a) In every factory where 1000 or more workers are employed or where MP
involves risk or disease such number of safety officer as may be prescribed
shall be appointed.
(b) State Govt. prescribed the duties, qualification and conditions of service of
safety officers.
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WORKING HOURS FOR ADULTS

WEEKLY HOURS
No adult worker shall work for more than 48 hours in a week.

WEEKLY HOLIDAY
No adult worker shall work on the first day of week unless he has a holiday during the
three days before of after first day.

COMPENSATORY HOLIDAY
If a worker does not get holiday because of adjustment of working day he shall be
allowed compensatory holiday within one month.

DAILY HOURS
No worker shall work for more than 9 hours in any day.

REST INTERVAL
No worker shall work for more than 5 hours continuously unless he is given a rest
interval for atleast half an hour.

SPREAD OVER
The periods of work shall be arranged in such a way that the spread over is not for more
than 10 &1/2 hours.

NIGHT SHIFT
If a worker work in a shift which extend beyond to a midnight, his weekly holiday shall
be for 24 hours beginning at the end of his shift.

OVERTIME WAGES
If a worker work for more than 9 hours in a day or more than 48 hours a week, he shall be
paid overtime wages at the rate of twice the rate of ordinary wages.

RESTRICTION ON DOUBLE EMPLOYMENT


No worker shall work in a factory on a day on which he has already work in another
factory.

ANNUAL LEAVE WITH WAGES

(1) Every worker who has worked for a period of 240 days or more in a factory
during a calendar year shall be allowed during the subsequent calendar year, leave
with wages for a number of days calculated at the rate of –

(i) if an adult, one day for every twenty days of work performed by him during the
previous calendar year;

(ii) if a child, one day for every fifteen days of work formed by him during the
previous calendar year.