LABOR LEGISLATION

ABOUT THE UNIT

 The Factories Act, 1948
 The Payment of Wages Act, 1936
 The Workmen Compensation Act, 1923
 The Industrial Disputes Act, 1947
 The Employee State Insurance Act, 1948
 The Payment of Gratuity Act, 1972
 Employee Provident Fund Act, 1952
 The Factories Act, 1948

 The Factories Act is a social legislation which

has been enacted for occupational safety,
health and welfare of workers at work places.
This legislation is being enforced by technical
officers

 Workers spend 1/4th span of his life in a

factory, so……

 Inspector chief of the Mumbai cotton

department wrote a report in the year of 1872-
73 and…
Contd..
 First of all in the year of 1881, the first Factory
Act was passed

 Amendments
 Factory Act, 1891
 Factory Act, 1911
 Factory Act, 1922
 Factory Act, 1934
 Factory Act, 1946
 Factory act, 1948
salient features of the act
are
Approval of Factory Building Plans before
construction/extension, under the Delhi
Factories Rules, 1950

Grant of Licenses under the Delhi

Factories Rules, 1950, and to take action
against factories running without
obtaining License.

Renewal of Licenses granted under the

Delhi Factories Rules, 1950, by the Dy.
Chief Inspectors of Factories .
Contd..
 Inspections of factories by District Inspectors of
Factories, for investigation of complaints,
serious/fatal accidents as well as suo moto
inspections to check compliance of provisions
of this Act relating to :-
 Health

 Safety

 Welfare facilities
 Working hours

 Employment of young persons

 Annual Leave with wages etc.

 OBJECTIVES
 To regulate conditions of work in manufacturing
establishments

 To ensure adequate safety, sanitation, health,

working hours, leave with wages and weekly
holiday for workers employed in factories

 It is a protective legislation protecting employees

from exploitation by employers

 The act regulates employment of women and

young persons in factories
 Definition as per section 2
Sec 2(a) Adult
Sec 2(b) Adolescent
Sec 2(bb) Calendar year
Sec 2(c)Child
Sec 2(ca)competent person
Sec 2(cb)hazardous process
Sec 2(d)young person
Sec 2(e)Day
Sec 2(f)Week
Sec 2(g)Power
Sec 2(h)prime mover
Contd..
 Sec 2(i) transmission machinery
 Sec 2(j) machinery
 Sec 2(k) manufacturing process
 Sec 2(l) worker
 Sec 2(m) factory
 Sec 2(n) occupier
 Sec 2(o) is omitted by the Factories Act, 1987,
w.e.f. 1-12-1987
 Sec 2(p) prescribed
 Sec 2(q) is omitted by the Factories Act, 1950
 Sec 2(r) shift
Approval, license and registration
of factories as per section 6

 Inspector is empowered under section 4 for

the requirement of this act

 Every employer should obtain previous

permission of the state government for the
site on which a factory is to be situated and
for the construction and extension of the
factory
contd..
 Requiring for the purpose they have to
submit plans and specification prescribing
the nature of the plan (as per sec 7)

 Applicant has to wait for three months, then

after can start construction or extension

 If state government refuses the application

then within 30 days applicant further plea to
an high court
Notice by occupier as per section 7

the name and situation of the factory;

the name and address of the occupier;

the name and address of the owner of the

premises or building

the address to which communications relating to

the factory may be sent;

the nature of the manufacturing process

contd..
the total rated horse power installed
the name of the manager of the factory
the number of workers likely to be employed
in the factory;
THE INSPECTION STAFF
as per section 8

 Appointment
 Status

As per section 9
 Power of inspectors
 Duties of the inspector
Certifying surgeons
as per section 10
 Appointment
 Disqualification
 Duties of certifying surgeons
 HEALTH
 Section 11Cleanliness
 Section 12 Disposal of wastes and effluents
 Section 13 Ventilation and temperature
 Section 14 Dust and fume
 Section 15 Artificial humidification
 Section 16 Overcrowding
 Section 17 Lighting
 Section 18 Drinking water
 Section 19 Conservancy arrangements
 Section 20 spittoons
 SAFETY
 Fencing of machinery section 21
 Work on or near machinery in motion section 22
 Employment of young persons on dangerous
machines section 23
 Striking gear and devices for cutting of power
section 24
 Self-acting machines section 25
 Casing of new machinery section 26
 Prohibition of employment of women and children
near cotton openers section 27
 Hoists and lifts section 28
contd..
 Lifting machines, chains, ropes and lifting tackles
section 29
 Revolving machines section 30
 Pressure plant section31
 Floors, stairs and means of access section 32
 Pits, sumps, openings in floors, etc. section33
 Excessive weights section 34
 Protection of eyes section 35
 Precaution against dangerous fumes, gases etc.
Section 36
 Precautions regarding the use of portable electric
light
Section 36A
CONTD..
 Explosive or inflammable dust, gas, etc.
Section 37
 Precautions in case of fire section 38
 Power to require specification of defective
parts or tests of stability section 39
 Safety of building and machinery section 40
 Maintenance of buildings section 40A
 Safety officers section 40B
 Power to make rule to supplement this
chapter section 41
 WELFARE
 Washing facilities section 42
 Facilities for storing and drying clothing
section 43
 Facilities for sitting section 44
 First aid appliances section 45
 Canteens section 46
 Shelter, rest room and lunch rooms section 47
 Crèches section 48
 Welfare officers section 49
 Power to make rules to supplement this chapter
section 50
 WORKING HOUR OF ADULT
 Weekly hours section 51
 Weekly holidays section 52
 Compensatory holidays‘ section 53
 Daily hours section 54
 Intervals for rest section 55
 Spread over section 56
 Night shifts section 57
 Prohibition of overlapping shifts section 58
 Extra wages for overtime section 59
 Restriction on double employment section 60
Contd..
 Notice of period of work for adults section 61
 Register of adult workers section 62
 Hours of work to correspond with notice under
section 61 and register under section 62
Section 63
 Power to make exempting rules section 64
 Power to make exempting orders section 65
 Further restrictions on employment of women

Section 66
 Employment of young persons
 Prohibition of employment of young children
section 67
 Non-adult workers to carry tokens section 68
 Certificate of fitness section 69
 Effect of certificate of fitness granted to adolescent
section 70
 Working hours for children section 71
 Notice of periods of work for children section 72
 Register of child workers section 73
 Hours of work to correspond with notice under section
72 and register under section 73 section 74
 Power to require medical examination section 75
Contd..
 Power to make rules section 76
 Certain other provisions of law not barred
section 77
 Annual leave with wages
 Application of chapter section 78
 Annual leave with wages section 79
 Wages during leave period section 80
 Payment in advance in certain cases
section 81
 Mode or recovery of unpaid wages
Section 82
 Power to make rules
Section 83
 Power to exempt factory
section 84
 Penalties and Procedure
 General penalty for offences section 92
 Liability of owner of premises in certain circumstances
section 93
 Enhanced penalty after previous conviction
Section 94
 Penalty for obstructing inspector section 95
 Penalty for wrongfully disclosing results of analysis
Section 96
 Penalty for contravention of the provisions
section 96A
 Offences by workers section 97
 CONTD..
 Penalty for using false certificate of fitness
section 98
 Penalty for permitting double employment of
child section 99
 Section 100 omitted
 Exemption of occupier or manager from the
liability in certain cases section 101
 Power of court to make orders section 102
 Presumption as to employment section 103
 Onus as to age section 104
Contd..

 Cognizance of offences section 105

 Limitation or prosecutions section 106