1948

Introduction to Act

Extent & Application of Act

 This act is a piece of social welfare legislation. It governs working condition of workmen in factories and deals mainly with: To protect workers employed in factories against industrial & occupational hazardous. It makes detailed provisions regarding health, safety & welfare of workers, in order to provide good working conditions & other facilities to enhance their welfare Stringent provisions particularly with regard to length of working hours, in regard to women & young persons.

Objects of the Act :

Factory : Definition : Sec. 2 (m)

Factory means any premises including the precincts thereof (i) 10 or more workers + Manufacturing process + Aid of Power or (ii) 20 or more workers + Manufacturing process Aid of Power

Terms Connected with the term Factory :

(1) Manufacturing Process Sec. 2 (k) (i) It means any process For : (I) Making ,altering, repairing , finishing, Packing, Oiling, Washing, Cleaning or (ii) Pumping oil, Water, Sewage or any other substance or (iii) Generating, Transforming or Transmitting power or (iv) Printing, Book binding or (v) Constructing, reconstructing or (vi) Preserving or Storing any article in cold storage

(2) Worker Sec. 2 (l) (3) Power Sec. 2 (g) (4) Relay & Shift : 2 (5) Competent Person; 2(a) (6) Hazardous Process; 2(b) Adult Adolescent Child

Approval, Licensing & registration of Factories Sec.6

Application for permission Presumption of Permission if nothing is heard within 3 months Appeal Notice by occupier Sec. 7

The Inspecting Staff Ch.II, Sec. 8 -10

Inspectors ( Sec. 8) Appointment : Sec. 8 Powers of Inspectors ( Sec. 9) :

(i) (ii) Enter, with assistants or public authority or with an Expert in the Premises of a factory Make Examination of the premises, plant, Machinery, article or Substance

(iii) Require the production of any prescribed register

or any other document relating to the factory

(iv) Inquire into any accident or dangerous

occurrence (v) Seize or take copies of, any register, record or other document, as he may consider necessary in respect of any offence under committed.etc.
Additional Power : (i) To require medical Examination of a Young

Person working ina factory ( Sec.750 and also

(ii) To take sample of any substance used. or intended to be used , in a factory for the purpose Of Finding out if the substance is injurious to the health of the workers. ( Sec. 95)

Certifying Surgeons ( Sec. 10)

Appointment Duties of surgeons: (i) The examination & certification of young persons

(ii) The examination of persons engaged in Factories in dangerous occupations or processes.

(iii) The Exercising of such medical supervision as may be prescribed for any factory Where : (I) Cases of illness have occurred (II) Change in M / P likely to cause injury (III) Young persons are employed in any work & is likely to cause injury to their health.

Health Safety and Welfare Ch. III, IV & V Sec, 11 to 50

HEALTH : CP III. 11 To 20 Cleanliness ( Sec11) Factory to be kept clean & free from effluvia & dirt. Effective means of drainage Use of disinfectants etc, painting & painting & varnishing Disposal of wastes & Effluents (Sec. 12) Treatment of wastes & Effluents 7 their disposal Rules of the state Govt. prescribing arrangements

Ventilation & Temperature ( Sec.13) (A)Maintenance of adequate temp. & ventilation (B)Process producing high temp. to be seperated (C) Standard of adequate ventilation & temp. to be prescribed & provision of measuring instruments. (D) Prescription of measures by the state Govt. to reduce temp. (E) Service of notice by chief inspector on the occupier to adopt measures for reduction of Temp.

Dust & Fumes ( Sec. 14) Measures for prevention of inhalation or accumulation of dust & Fumes Exhaust for internal combustion Engine Artificial humidification ( Sec. 15) Prescription of standards of humidification ventilation & cooling of air Water used for artificial humidification to be clean measures by inspectors if water used for humidification not purified,

Overcrowding ( Sec. 16) Overcrowding injurious to health of workers to be avoided 9.9 / 14.2 cubic meters of space per worker Notice of Max. of workers to be Employed in a workman Exemption by C.I.

Lighting ( Sec. 17) Sufficient & suitable lighting in every part factory Glazed windows & skylights to be kept clean Measures for prevention of Glare & formation of shadows Prescription of standards of sufficient & suitable lighting.

Drinking Water ( Sec.18 Suitable points for wholesome drinking water Drinking points to be legibly marked & to be away from urinal, latrine etc. Cooling of drinking water where more than 250 workers employed Latrines & Urinals (Sec. 19) Separate latrines & urinals for male & female workers conviniently suited & adequately lighted & ventilated Latrines & urinals accommodation to be of prescribed sanitary types floors & walls to be glazed & their cleaning Number of L / U to be prescribed by state Govt.

 10. Spittoons ( Sec. 20) (A) Sufficient no. of spittoons (B) Display of notice of provision of spittoons (C) Penalty (D) Prescription of rules by state Govt.

Welfare : Ch V, Sec 42 to 50
1. Washing Facilities (Sec. 42) (A) Separate washing Facilities for M / F ( B) Prescription of standards by state Govt. Facilities for storing & drying clothing ( Sec. 43) Facilities for Sitting ( Sec. 44) Provision for sitting arrangement for workers obliged to work in a standing position. Provision for sitting arrangement for workers doing work which can be done in a sitting position.

First aid appliances ( Sec. 45) At least one first aid box with prescribed contents for every 150 workers First aid box to be in charge of responsible person Ambulance room in a factory employing more than 500 workers Canteens ( Sec. 46) Canteen in Factory employing more then 250 workers the state Govt. may make rules

Shelters ( Sec. 46) Where more than 150 workers are Employed in any factory Shelters etc. to be sufficiently lighted, ventilated 7 cooled Creahes ( Sec. 48) Factories Employing more than 30 women worker Creches to be adequately lighted & ventilated & to be under the charge of trained Women Welfare officers ( Sec. 49) Employment of W/ O in factories Employing > 500 workers Duties, Qualifications & Conditions of service to be prescribed By the State Govt. 9. Powers to make rules ( Sec. 50)

SAFETY Ch IV Sec. 21 to 41
Safety provisions are absolute & obligatory in character.

Fencing of Machinery (Sec.21) Dangerous part of every machinery to be securely fenced Prescription of further precautions by State Govt. Work on near Machinery in motion ( Sec. 22) Exam. Of machinery in motion by a trained adult male worker Restriction on women & young persons. restriction on cleaning etc. Of specified moving parts.

Employment of young persons on dangerous machinery ( Sec. 23) Machines dangerous for young persons to be specified by State Govt. Restriction on young persons to work on D / M Striking gear & Devices for cutting of Power (Sec. 24)

 Self Acting machinery ( Sec. 25) Casing of New machinery ( Sec. 26) Prohibition of employment of Women & children near cotton openers ( Sec. 27) Hoists & lifts ( Sec. 28) Lifting machinery, chains, ropes & lifting Tackle (Sec 29) Revolving machinery ( sec. 30) Pressure plant ( Sec. 31) Floors, Stairs and means of Access ( Sec. 32) Pits, Sumps, openings in Floors etc. ( Sec. 33) Excessive weights ( Sec. 34)

Protection of Eyes ( Sec. 35) Precaution against dangerous fumes ( Sec. 36) Precaution against Explosive or inflammable Dust, Gas etc. (Sec. 37) Precaution in case of fire ( Sec. 38) Power of require specifications of defective parts or test of liability ( Sec. 39) Safety of Building & machinery ( Sec. 40) Maintenance of buildings ( Sec. 40 A ) Safety officers ( Sec. 40 B) Power to make rules to supplement this chapter. ( Sec. 41)

Working Hours of Adults

Weekly & daily Hrs. of work Adult : Not > 48 hrs. of week (Sec.51) Not > 9 hrs. in any day ( Sec. 52) Subject to chief inspections
approval

 Weekly Holidays & Compensatory Holidays No adult worker shall be required or allowed to work on the First day of the week i.e., Sunday . ( Sec. 52) But manager can substitute for Sunday any of the three days preceding Or following it. In no case for > 10 days. If worker is asked to work on weekly holidays compensatory, holidays, within same month or within next 2 months ( Sec. 53) Interval for Rest : not > 5 hrs before an interval for rest at least 1/ 2 an hr. ( Sec. 55)

 Spread over : The work shall not spread over for > 10- hrs in any day ( Sec. 56) C.I.- 12 hrs for specified reasons Night Shifts: Holiday for 24 continuous hrs beginning when his shift end ( Sec. 57) Prohibition of overlapping Shift : ( Sec. 58) Extra wages for overtime : ( Sec. 59) If > 9 hrs a day or > 48 hrs a week . overtime @ of double his ordinary rates of wages

 Restriction on Double Employment : (Sec. 60) Notice of periods of work for adult workers ( Sec. 61) Register of Adult Workers : ( Sec. 62) Contains : (i) The name of each adult worker (ii) The nature of his work (iii) The Group , if any in which he is included (iv) Where his group works in shifts, the relay to Which he is allotted. (v) Such other particulars as may be prescribed

Employment of Women
Work on or near machinery in motion ( Sec. 22) Prohib. of employ. Near cotton openers ( Sec. 27) Crches ( Sec. 48) restriction on employment of women ( Sec. 66): Not > 48 hrs a week or 9 hrs in a day work b / w the hrs of 6 a.m. to 7 p.m. ,10 p.m. & 5 a.m. There shall be no charge of shift except after a weekly holiday or any other holiday Dangerous operations ( Sec. 87)

Employment of young persons

Effect of certificate of fitness ( Sec. 70) Working Hours ( Sec. 71) Notice of work ( Sec. 72) Register of child workers ( Sec. 73)

Annual Leave with wages

Sec. 79 : Worker worked for 240 days or more during a calendar year, shall be allowed during the subsequent year, In case of adult : One day for every 20 days of work performed during previous calendar year. In case of child : One day for every 15 days computation of 240 days or more : The days of Lay off maternity leave not exceeding 12 weeks The leave earned in the previous year.

 A worker whose service commences after 1st day of January. When a worker is discharged, or dismissed or who quits his employments or dies while in service Unavailed portion of leave in any year 30 / 40 days. Leave application : 15 / 30 days ( case of illness x) No of times in which leave can be taken in a year - 3

 Sec. 80 : Calculation of wages during leave period : Worker shall be paid at a rate equal daily average of his total full time earnings. ( D.A.+ Fringe benefits overtime & Bonus)
Sec. 81 : A worker shall be paid advance wages if the leave allowed is < 4 days in case of an adult & 5 days in case of a child.

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 Subsequent contravention of some provisions Obstructing Inspectors Wrongful disclosing result pertaining to result of analysis. For contravention of the provisions of Sec.41 B, 41 C and 41 H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

PENALTIES Imprisonment upto 2 years or fine upto Rs 1,00,000 or both Rs 1,000 per day Not less than Rs 25,000 in case of death Not less than Rs 5,000 in case of serious injuries Imprisonment upto 3 years or fine not less Rs 10,000 which may extend to Rs 2,00,000. Imprisonment upto 6 months or fine upto Rs 10,000 or both Imprisonment of 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.

Registers to be maintained:
Accident register with Forms Inspection book Muster roll and wage register Muster roll for exempted workers Register of Adult workers Register of compensatory holidays & over time Register of leave with wages

Compliance under F.A. 1948

th 15

OF JAN. AND JULY

Problem
Wives of 3 workmen employed in a textile factory work in place of their husbands for about half an hour everyday after 7:00 p.m. while the latter take meals brought by them. Discuss if there is a violation of any provisions of the Factories Act,1948.

Solution
Yes, there is violation of section 66 of the Factories Act,1948.
According to section 66 of the Factories Act,1948 Women workers shall not be employed except between the hours of 6.00 AM and 7.00 P.M. However, the state government may by a notification in Official Gazette, vary these limits to the extent that no women shall be employed between the hours o 10.00 P.M. and 5.00 A.M.

 Therefore it is established that the employment of women in place of their husband was illegal and is the violation of section 66 of the Factories Act,1948 .