View
229
Download
1
Category
Preview:
Citation preview
7/30/2019 Unit 3 Factories Act, 1948
1/45
Factories Act, 1948
Unit III
7/30/2019 Unit 3 Factories Act, 1948
2/45
7/30/2019 Unit 3 Factories Act, 1948
3/45
Factory
Factory means any premises including the precinctsthereof Whereon ten or more workers are working, or were
working on any day of the preceding twelve months, andin any part of which a manufacturing process is being
carried on with the aid of power or is ordinarily so carriedon, or
Whereon twenty or more workers are working, or wereworking on any day of the preceding twelve months, andin any part of which a manufacturing process is beingcarried on without the aid of power or is ordinarily socarried on.
But does not include a mine or a mobile unit belonging tothe armed forces of the Union, a railway running shed or ahotel restaurant or eating place.
7/30/2019 Unit 3 Factories Act, 1948
4/45
Manufacturing Process
" Manufacturing Process" means any process for-
making, altering, repairing, ornamenting, finishing, packing,oiling, washing, cleaning, breaking up, demolishing, orotherwise 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.
7/30/2019 Unit 3 Factories Act, 1948
5/45
Worker
" Worker" means a person
employed, directly or by or through any agency(including a contractor) with or without theknowledge of the principal employer, whether forremuneration or not], in any manufacturingprocess, or in cleaning any part of the machinery orpremises used for a manufacturing process, or inany other kind of work incidental to, or connected
with, the manufacturing process, or the subject ofthe manufacturing process
But does not include any member of the armedforces of the Union
7/30/2019 Unit 3 Factories Act, 1948
6/45
Other important definitions
Adult : Section 2(a) " adult" means a personwho has completed his fifteenth year
Adolescent : Section 2(b) " adolescent" means a
person who has completed his fifteen year ofage 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) " youngperson"
means a person who is either a child or anadolescent
7/30/2019 Unit 3 Factories Act, 1948
7/45
Other important definitions
Shift and Relay : Where the same kind of work is
carried out by two or more sets of workers workingduring different periods of the day each of such setsis called a relay and each of such periods is called ashift
Occupier : Section 2(n) " occupier" of a factorymeans the person who has ultimate control over theaffairs of the factory; in the case of a firm or other association of individuals,
any one of the individual partners or members thereofshall be deemed to be the occupier;
in the case of a company, any one of the directors shall bedeemed to be the occupier;
in the case of a factory owned or controlled by the Central
Government or any State Government
7/30/2019 Unit 3 Factories Act, 1948
8/45
Other important definitions
Hazardous Process : Section 2(cb)" hazardousprocess" means any process oractivity in relation to an industry specified in
the First Schedule where, unless special care istaken, raw materials used therein or theintermediate or finished products, bye-products, wastes or effluents thereof would
cause material impairment to the health of thepersons engaged in or connected therewith, or
result in the pollution of the general environment
7/30/2019 Unit 3 Factories Act, 1948
9/45
Approval, Licensing and Registration
License is necessary to start a factory
Notice by Occupier : Atleast before 15 days hebegins 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 FactoryPremises and building
Address to which communication relating tofactory may be sent
7/30/2019 Unit 3 Factories Act, 1948
10/45
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
7/30/2019 Unit 3 Factories Act, 1948
11/45
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 safetyand absence of risks to health in connection with
use, handling, storage and transport of articles
and substances.
7/30/2019 Unit 3 Factories Act, 1948
12/45
Duties of Occupier
Provision of such information, instruction, trainingand supervision as are necessary to ensure healthand safety of all workers at work
Maintenance of all places of work in the factory ina condition that is safe and without risks to health
Maintenance and monitoring of such workingenvironment for the workers that is safe, without
risks to health and adequate as regards facilitiesand arrangements for their welfare at work
Prepare a written statement of general policy withrespect to health and safety of workers
7/30/2019 Unit 3 Factories Act, 1948
13/45
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
7/30/2019 Unit 3 Factories Act, 1948
14/45
Inspection Staff
State Government appoints Inspectors, ChiefInspectors of Factories, Additional ChiefInspectors, Joint Chief Inspectors and Deputy
Chief Inspectors. Power of Inspectors
Enter with assistants in a factory premises
Make examination of the premises, plant andmachinery
Require the production of any prescribed registerand any other documents relating to factory
7/30/2019 Unit 3 Factories Act, 1948
15/45
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 forcarrying out the purposes of the Act
7/30/2019 Unit 3 Factories Act, 1948
16/45
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
7/30/2019 Unit 3 Factories Act, 1948
17/45
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
7/30/2019 Unit 3 Factories Act, 1948
18/45
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 factoriesbuilt after commencement of Act)
7/30/2019 Unit 3 Factories Act, 1948
19/45
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)
7/30/2019 Unit 3 Factories Act, 1948
20/45
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
7/30/2019 Unit 3 Factories Act, 1948
21/45
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 tightfitting clothes
Employment of young persons on dangerous
machines : should not be allowed; can be allowedafter training and under supervision of a person
having thorough knowledge and experience
7/30/2019 Unit 3 Factories Act, 1948
22/45
Provisions for Safety of workers
Sec.24-27 Striking gear and devices for cutting off power :
devices for cutting off power in emergencies tobe provided and maintained in every work room
Self-acting machines : moving parts of self-actingmachines must not be allowed to come with 45cms of fixed structure
Casing of new machinery : screw, bolt, toothed
gearing, etc to be encased
Women and children near cotton openers : notallowed
7/30/2019 Unit 3 Factories Act, 1948
23/45
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 betaken that such speed is not exceeded
Pressure Plant : working in pressure higher thanatmospheric pressure, safe working pressure not
to be exceeded.
Pits, sumps, openings in floors, etc to be securelycovered or fenced
7/30/2019 Unit 3 Factories Act, 1948
24/45
Provisions for Safety of workers
Sec.32, 34-35
Floors, stairs and means of access shall be ofsound construction and properly maintained;hand rails to be provided; safe means of accessshall 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 tobe provided to protect eyes from fragmentsflying during manufacturing process or fromexcessive light
7/30/2019 Unit 3 Factories Act, 1948
25/45
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 orother 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
7/30/2019 Unit 3 Factories Act, 1948
26/45
Provisions for Safety of workers
Sec.37-38
Explosive or inflammable gas etc. : Suchmachinery 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 pressuresworked on are more than atmospheric pressure
Precaution in case of fire : Fire escapes to beprovided; means of exit to be marked;arrangements to give warning must be made;windows and doors should open outwards
7/30/2019 Unit 3 Factories Act, 1948
27/45
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 mightappear the health and welfare of workers
7/30/2019 Unit 3 Factories Act, 1948
28/45
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 tohealth and safety of workers
Rules : State Government may make rules
providing use of such further devices forsafety as may be necessary
7/30/2019 Unit 3 Factories Act, 1948
29/45
Provisions relating to Hazardous
Process
Site Appraisal Committees (Sec.41-A) :
Appointed by State Govt.
For advising it in issuing permission of applications forinitial location of a factory involving hazardous process orfor expansion of such factory
Includes Chief Inspector, a representative of Centraland State Board for Prevention and Control of Water
& Air Pollution, representative of dept ofenvironment , meteorological department, townplanning dept, etc
7/30/2019 Unit 3 Factories Act, 1948
30/45
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
7/30/2019 Unit 3 Factories Act, 1948
31/45
Provisions relating to Hazardous
Process Compulsory disclosure of information
Information regarding dangers, including health hazardand measures to overcome such
To be disclosed to
The workers (Occupier informs with prior approval of ChiefInspector)
The Chief Inspector
The local authority within whose jurisdiction the factory issituated
Include accurate information as to quantity, specificationand other characteristics of wastes and the manner oftheir disposal
7/30/2019 Unit 3 Factories Act, 1948
32/45
Compulsory Disclosure of Information
Policy with regard to health and safety of workers
On-site emergency plan and disaster controlmeasures
Information to Chief Inspector before
commencement (before 30 days ofcommencement the occupier has to inform aboutnature and details of the process in a prescribedformat)
Handling, usage, transportation of hazardoussubstances
7/30/2019 Unit 3 Factories Act, 1948
33/45
Specific Responsibility of Occupier Maintain accurate and up-to-date health records of
workers who are exposed to any chemical, toxic orharmful substances waste
Appoint person who have qualification andexperience in handling hazardous substances to
supervise and provide all necessary facilities forprotecting 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
7/30/2019 Unit 3 Factories Act, 1948
34/45
Power of Central Govt. to appoint
Inquiry Committee
Appointment of Inquiry Committee in the event ofoccurrence of extraordinary situation
To inquire into standards of health and safety
Object : To find out the causes of any failure or neglect inadoption of standards prescribed and may result inaffecting workers or general public
Recommendation is advisory
Membership of the Committee and its tenure ofOffice (determined by Central Govt.)
1 Chairman and 2 Members
7/30/2019 Unit 3 Factories Act, 1948
35/45
Provisions relating to Hazardous
Process
Emergency Standards
Where standards are not prescribed or notadequate
Permissible Limits of Exposure of Chemicaland Toxic Substances
Limits in manufacturing process shall be of valueindicated in Second Schedule added by
Amendment Act of 1987 Central Government may change by notifications
in Official Gazette
7/30/2019 Unit 3 Factories Act, 1948
36/45
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 toOccupier
7/30/2019 Unit 3 Factories Act, 1948
37/45
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 eachday
If still continues, imprisonment extendable to 10
years
7/30/2019 Unit 3 Factories Act, 1948
38/45
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.
7/30/2019 Unit 3 Factories Act, 1948
39/45
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 childrenunder the age of 6
7/30/2019 Unit 3 Factories Act, 1948
40/45
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
7/30/2019 Unit 3 Factories Act, 1948
41/45
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
7/30/2019 Unit 3 Factories Act, 1948
42/45
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)
7/30/2019 Unit 3 Factories Act, 1948
43/45
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
7/30/2019 Unit 3 Factories Act, 1948
44/45
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 dayshe actually worked; if an employee is
terminated after alloting his leave, wages have
to be paid for full leave period
7/30/2019 Unit 3 Factories Act, 1948
45/45
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
Recommended