Factories Act, 1948

Unit III

Factories Act
Came into force on 1st April, 1949 Applies to factories all over India, including the State of Jammu and Kashmir Amended extensively in 1976, 1987 and 2005 Object : To regulate the conditions of work in manufacturing establishments coming within the definition of the term factory used in the Act

Factory
Factory means any premises including the precincts thereof
Whereon 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 Whereon 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 or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel restaurant or eating place.

Manufacturing Process
" Manufacturing Process" means any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use sale, transport, delivery or disposal, or pumping oil, water, sewage or any other substance; or generating, transforming or transmitting power; or composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or preserving or storing any article in cold storage.

Worker
" 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

Other important definitions

Adult : Section 2(a) " adult" means a person who has completed his fifteenth year Adolescent : Section 2(b) " adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year Child : Section 2(c) " child" means a person who has not completed his fifteenth year Young Person : Section 2(d) " young person" means a person who is either a child or an adolescent

Other important definitions

Shift and Relay : Where the same kind of work is carried out by two or more sets of workers working during different periods of the day each of such sets is called a relay and each of such periods is called a shift Occupier : Section 2(n) " occupier" of a factory means the person who has ultimate control over the affairs of the factory;
in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; in the case of a company, any one of the directors shall be deemed to be the occupier; in the case of a factory owned or controlled by the Central Government or any State Government

Other important definitions

Hazardous Process : Section 2(cb) " 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 thereof would
cause material impairment to the health of the persons engaged in or connected therewith, or result in the pollution of the general environment

Approval, Licensing and Registration

License is necessary to start a factory Notice by Occupier : Atleast before 15 days he begins to occupy or use any premises as a factory; send to Chief Inspector of Factories
Name and address of Factory Premises Name and address of Occupier Name and address of owner of the Factory Premises and building Address to which communication relating to factory may be sent

Approval, Licensing and Registration

Notice by Occupier includes
Name of the manufacturing process to be carried on Total rated Horse Power Name of the manager of the factory Number of workers likely to be employed Any other prescribed particulars Plant and specifications of the factory must ensure proper measures for health, safety and welfare

Duties of Occupier
Ensure health, safety and welfare of all workers while they are at work in the factory It includes
Provision and maintenance of plant and systems of work in the factory that are safe and without risks to health Arrangements in the factory for ensuring safety and absence of risks to health in connection with use, handling, storage and transport of articles and substances.

Duties of Occupier
Provision of such information, instruction, training and supervision as are necessary to ensure health and safety of all workers at work Maintenance of all places of work in the factory in a condition that is safe and without risks to health Maintenance and monitoring of such working environment for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work Prepare a written statement of general policy with respect to health and safety of workers

Duties of Manufacturers
Proper design and construction, testing and information Research Duty to extend to things done in course of business Undertaking by the user : declaration for proper use

Inspection Staff
State Government appoints Inspectors, Chief Inspectors of Factories, Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors. Power of Inspectors
Enter with assistants in a factory premises Make examination of the premises, plant and machinery Require the production of any prescribed register and any other documents relating to factory

Inspection Staff
Power of Inspectors
Inquire into any accident or dangerous occurrences Seize, take copies of any register, record of other document or any portion thereof Direct the occupier that any premises or any part or anything lying thereon shall be left undisturbed Take measurement and photographs and make such recordings Direct occupier to dismantle any article or substance found in premises likely to cause danger Exercise such other powers as may be prescribed for carrying out the purposes of the Act

Inspection Staff
Duties of Inspector
Enforce provisions of Factories Act and other Industrial Laws Take steps like prosecuting guilty persons, etc

Obstructing an Inspector
Imprisonment for a term which may extend to 6 months or with fine which may extend to Rs. 10,000 or both

Certifying Surgeons
State Government appoints qualified medical practitioners as Certifying surgeons Duties
Examine and certify young persons Examine persons engaged in dangerous occupations or processes Medical supervisions of factories

Provisions regarding Health of workers

Cleanliness Disposal of wastes and effluents Ventilation and Temperature (Hot parts separated and insulated) Dust and Fumes (steps to be taken that they are not inhaled or accumulated) Artificial Humidification Over crowding (55 cubic meters of space per worker; 75 cubic meters of space per worker for factories built after commencement of Act)

Provisions regarding Health of workers

Lighting Drinking Water (7.5 meters far from latrines, washing place; for factories more than 250 workers should provide cool water) Latrines and Urinals (separate provision for male and female workers; provisions in factories act followed) Spittoons (provided at convenient places, in clean and hygienic condition; fine upto Rs.5)

Provisions for Safety of workers

Women or young person shall not be allowed to clean, lubricate or adjust any part of machinery in motion. Selling or giving a machinery on rent which does not comply with provisions of the act is punishable with imprisonment upto 3 months and / or fine up to Rs.500 Women and children not to be employed near cotton-openers

Provisions for Safety of workers Sec.21-23

Fencing of machinery : for dangerous machinery which have moving parts Work on or near machinery in motion : Only specially trained adult male workers wearing tight fitting clothes Employment of young persons on dangerous machines : should not be allowed; can be allowed after training and under supervision of a person having thorough knowledge and experience

Provisions for Safety of workers Sec.24-27

Striking gear and devices for cutting off power : devices for cutting off power in emergencies to be provided and maintained in every work room Self-acting machines : moving parts of self-acting machines must not be allowed to come with 45 cms of fixed structure Casing of new machinery : screw, bolt, toothed gearing, etc to be encased Women and children near cotton openers : not allowed

Provisions for Safety of workers Sec.28-31,33

Hoists, lifts, chains, etc : should be constructed as to be safe; rules and provisions to be followed Revolving machinery : maximum safe working speed must be notified; precautions should be taken that such speed is not exceeded Pressure Plant : working in pressure higher than atmospheric pressure, safe working pressure not to be exceeded. Pits, sumps, openings in floors, etc to be securely covered or fenced

 Floors, stairs and means of access shall be of sound construction and properly maintained; hand rails to be provided; safe means of access shall be provided to the place where workers will carry on any work Excessive weights : No worker shall carry heavy load which might cause him injury Protection of eyes : screen or suitable goggles to be provided to protect eyes from fragments flying during manufacturing process or from excessive light

Provisions for Safety of workers Sec.32, 34-35

Provisions for Safety of workers Sec. 36

Precautions against dangerous fumes : No person shall be allowed to enter any chamber where dangerous fumes are coming out without unless such place has a man hole or other means of coming out; no portable light more than 24 volts to be used; people should be provided with breathing apparatus, etc.; should be cooled by ventilation before any person is allowed to enter

Provisions for Safety of workers Sec.37-38

Explosive or inflammable gas etc. : Such machinery involved in process must be enclosed; accumulation of the substance to be prevented and possible sources of ignition to be excluded; extra precautions to be taken in case pressures worked on are more than atmospheric pressure Precaution in case of fire : Fire escapes to be provided; means of exit to be marked; arrangements to give warning must be made; windows and doors should open outwards

Provisions for Safety of workers Sec. 39, 40A

Specifications of defectives : If any buildings or machine are defective or in dangerous condition, Inspector may ask for holding tests or prohibit its use Maintenance of buildings : Inspector may specify the measures to be done within a specific date in case of buildings which might appear the health and welfare of workers

Provisions for Safety of workers Sec. 40 B, 41

Safety Officers : State Government may notify occupier to employ safety officers where there are 1000+ workers or where any manufacturing process involves any risk to health and safety of workers Rules : State Government may make rules providing use of such further devices for safety as may be necessary

Provisions relating to Hazardous Process

Site Appraisal Committees (Sec.41-A) :
Appointed by State Govt. For advising it in issuing permission of applications for initial location of a factory involving hazardous process or for expansion of such factory

Includes Chief Inspector, a representative of Central and State Board for Prevention and Control of Water & Air Pollution, representative of dept of environment , meteorological department, town planning dept, etc

Provisions relating to Hazardous Process

Site Appraisal Committees (Functions)
Examine the application Recommend to the State Govt. within 90 days Have right to call for any information from the person making the application No further approval need to be got from other Pollution boards

Provisions relating to Hazardous Process

Compulsory disclosure of information
Information regarding dangers, including health hazard and measures to overcome such To be disclosed to
The workers (Occupier informs with prior approval of Chief Inspector) The Chief Inspector The local authority within whose jurisdiction the factory is situated

Include accurate information as to quantity, specification and other characteristics of wastes and the manner of their disposal

Compulsory Disclosure of Information

Policy with regard to health and safety of workers On-site emergency plan and disaster control measures Information to Chief Inspector before commencement (before 30 days of commencement the occupier has to inform about nature and details of the process in a prescribed format) Handling, usage, transportation of hazardous substances

Specific Responsibility of Occupier

Maintain accurate and up-to-date health records of workers who are exposed to any chemical, toxic or harmful substances waste Appoint person who have qualification and experience in handling hazardous substances to supervise and provide all necessary facilities for protecting workers Provide for medical examination of every worker
Before assignment of job While on Job and After ceased to work in such job at intervals not exceeding 12 months

Power of Central Govt. to appoint Inquiry Committee

Appointment of Inquiry Committee in the event of occurrence of extraordinary situation
To inquire into standards of health and safety Object : To find out the causes of any failure or neglect in adoption of standards prescribed and may result in affecting workers or general public Recommendation is advisory

Membership of the Committee and its tenure of Office (determined by Central Govt.)
1 Chairman and 2 Members

Provisions relating to Hazardous Process

Emergency Standards
Where standards are not prescribed or not adequate

Permissible Limits of Exposure of Chemical and Toxic Substances

Limits in manufacturing process shall be of value indicated in Second Schedule added by Amendment Act of 1987 Central Government may change by notifications in Official Gazette

Provisions relating to Hazardous Process

Workers Participation in Safety Management
Appointment of Safety Committee : Equal number of workers and management representatives in maintaining proper safety and health at work

Right of workers to warn about imminent danger

Apprehension of danger to be brought to notice to Occupier

Provisions relating to Hazardous Process

Penalty for Contravention
2,00,000 Rs. Or imprisonment upto 7 years or both If continues additional fine or Rs.5000 for each day If still continues, imprisonment extendable to 10 years

Provisions for Welfare of Workers

Rooms for Washing : Facilities for Washing; conveniently accessible and kept clean Storing and Drying : For keeping clothes not worn during work time; for drying wet clothes Facilities for sitting : for workers who work in a standing position First Aid : One first aid box for every 150 workers; and provision for ambulance room if more than 500 workers are employed.

Provisions for Welfare of Workers

Canteens : If more than 250 workers are employed; Govt. may prescribe the rules Shelters, Rest rooms, Lunch rooms : If more than 150 workers are employed; adequately lighted and ventilated; Clean Creches : Where more than 50 women workers are employed; for use of children under the age of 6

Provisions for Welfare of Workers

Welfare Officers : To be appointed where 500 or more workers are employed
Duties of Welfare Officers
Establish contact with a view to maintain harmonious relations relations between management and workers Bring to notice of management the grievances of workers Promote relations between various departments

Rule : State Govt. may make rules regarding the welfare of workers

Working hours of adults

Weekly hours : Not more than 48 hours Daily hours : Not more than 9hours Intervals for rest : Continuous working hours should not exceed more than 5 hours; period of rest atleast half an hour Spread over : Periods of work of an adult not to be more than 10 and a half hours including periods of rest

Employment of Women
Maximum daily work is 9 hours Prohibition of night shift work : Can be allowed between 6.00 am to 7.00 pm Change of shift only after holiday Other restrictions
Work on or near machinery in motion Cotton openers Excessive weights Creches Dangerous operations Fitness granted to female adolescent (considered as an adult)

Employment of Young persons

Only with Certificate of Fitness No night shifts No Double Employment Notice to be displayed and Register maintained Not allowed to work in dangerous operations Only people in the age 15-17 can be employed

Provisions relating to holidays

Weekly holidays : holiday on first day of week Compensatory holidays : if his weekly holiday is not taken then within a month compensatory holiday equal to number of holidays lost Wages during leave period : rate equal to daily average of his total full-time earnings for days he actually worked; if an employee is terminated after alloting his leave, wages have to be paid for full leave period

Provisions relating to holidays

Extra wages for over-time : for more than 9 hrs a day, wage at the rate of twice his ordinary rate of wages. Ordinary rate of wages : Basic + allowances including cash equivalent of concessional sale to workers on food grains and other articles