ByA1355905161

Kumar SupratikRICS School of Built Environment,

NoidaSub group – 4, Group – 2

Sec - A

Background 2nd half of 18th century , a period of rapid

industrial growth in Great Britain It was total mess, people use to work regardless

of time, age, gender etc Initiatives were taken and it came into existence

in 1819 After modifications final Factories Act came into

existence in 1948 India, 1st factories law passed in 1881 Designed to protect children and to provide

measures for health and safety of the workers Applicable to factories with 100 or more workers Later modified law came with applicability

extending to factories with 50 or more workers Factories act 1948 extends to all of India Came into effect from 1st April 1949

Factories Act Object And Scope

This act extends to whole of India

The main object of this act is to ensure adequate safety measures and to promote the health & welfare of workers employed in factories

The act also make provisions regarding employment of women & young person (including children & adolescents), annual leave with wages etc

Highlights

The Factories Act, 1948 came into force on the 1st day of April,1949 and extends to the whole of India. It was, in fact, extended to Dadra & Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu & Kashmir in 1970

The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989

Latest amendment in 2014

106 sections, 11 Chapters

Chapter -1, PreliminaryDefinitions

Adult – 18 years and above Adolescent – between 15 to 18 years Child – Less than 15 years Calendar Year – 12 months beginning with 1st Jan Competent Person – Any person or an institution

recognized by Chief Inspector to carry out ,Tests, Examinations and Inspections

Hazardous Process – Any process where raw material, intermediate product, final product, or bye-product can;

Cause material impairment to the person involved.Result in pollution of general environment.

Young Person – A person either child or adolescent Day – 24 hours starting from midnight Week – 7 days period starting from any midnight as

specified

Power – Any form of energy, mechanically transmitted and not produced by any human or animal agency

Prime mover - Any engine, motor or other appliance which generates or otherwise provides power

Machinery - Prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied

Manufacturing Process - 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 by letter press, lithography, photogravure or; Preserving or storing any article in cold storage or; Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels.

Factories - It means any premises including the precincts there of

- Whereon 10 or more workers are working, or were working on any day of the preceding 12 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 But does not include a mine subject to the operation of the Mines Act, 1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place Worker - Person employed, directly or by or through any

agency (including a contractor) with or without the knowledge of the principal employer

Occupier - Person who has ultimate control over the affairs of the factory

Time of day will be as per IST Power to declare different departments to be separate factories or two or more factories to be a single factory

National Public Emergency and validity of act and concerned authorities during that period

Approval, licensing and registration of factories and the authorities responsible for the same

Occupier needs to give notice at least 15 days prior to occupy any premises as factory

Inspector and his appointment at different levels and powers lying with those inspectors to enforce and monitor the proper enforcement of Act

Certification of Surgeons (Medical Practitioners), processes, regulations and authorities responsible and authorize to certify

Sec 3 to Sec 10

Chapter – 3 HEALTHSec 11 –Cleanliness inside premisesSec 12- Disposal of Waste and Effluents Sec 13 -Ventilation and Temperature i.e. Inside Air Quality and Thermal ComfortSec 14 – Removal of Dust and FumesSec 15 – Artificial HumidificationSec 16 – Overcrowding,, number of persons to be accommodated in any particular work station Sec 17 – Lighting provisions Sec 18 –Pure Drinking Water Sec 19 –Lavatory for employeesSec 20 – Provision for Spittoons

Chapter – 4 SAFETYSec 21 – Fencing of MachineriesSec 22 - Working on or near machineries in motionSec 23 –Employment of young persons on dangerous machinesSec 24 –Striking gear and devices for cutting off powerSec 25 – Self acting MachinesSec 26 – Casing of new machineries Sec 27 - Prohibition of employment of women and children near cotton-openersSec 28 – Hoists and LiftsSec 29 - Lifting machines, chains, ropes and lifting tackles

Sec 30 – Revolving machineriesSec 31 – Pressure PlantsSec 32 – Floors, Stairs ,means of AccessSec 33 –Pits, sumps, openings in floors, etc.Sec 34 –Working with excessive loads Sec 35 – Protection of eyesSec 36- Precautions against dangerous fumes, gases, etc., portable electric lightSec 37- Explosive or inflammable dust, gasSec 38 – Case of FireSec 39-Power to require specifications of defective parts or tests of stabilitySec 40 – Safety of building and machinery , Maintenance of buildings, Safety officersSec 41 – Power to make rules to supplement this Safety guidelines according to this act

Chapter–4A PROVISIONS RELATING HAZARDOUS PROCESSES(41A-41H) Constitution of Site Appraisal

Committee Compulsory Disclosure of

Information Special Responsibility of the

occupier in relation to Hazardous processes:

Maintaining accurate and up-to-date health and medical records of workers exposed to any chemical, toxic or any other harmful substances manufactured, stored, handled or transported

Appointing qualified, experienced & compete persons in handling such substances to supervise handling and for protecting the workers from the hazard

Providing for medical examination of every worker at intervals

Chapter 5 - WELFARESec 42 –Washing facilities in the premisesSec 43 –Facilities for storing and drying clothingSec 44 – Sitting arrangements for workers Sec 45 –First Aid facilities Sec 46 –Canteen inside premisesSec 47 – Shelters, rest rooms, lunch room etc.Sec 48 – Crèches inside premisesSec 49 – Appointment of welfare Officers

Sec 50 –Power regarding supplementing this act

Chapter – 6 & 7 WOKING HOURS

Sec 51 to Sec 77 talks about working hours in different context

Weekly Hours: < 48 hours Weekly Holidays : at least 1 holiday in a week ,

substitute holidays Compensatory Holidays Daily Hours : < 9 hours Intervals for rest : at least half an hour Night Shifts

Prohibition of Overlapping Shifts : not more than 2 continuous shift

Extra wages for overtime : wages at the rate of twice at his ordinary rate of wages for overtime

Notice of period of work

Restrictions on employment of Women & Children

Work between 6 a.m. to 7 p.m. only Strictly restriction for women for employment between 10

p.m. to 5 a.m. Employment of women in night shift is permitted only in the

case some special provisions

Chapter – 8 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 20 days of work performed by him during the previous calendar year;

(ii) if a child, one day for every 15 days of work formed by him during the previous calendar year.

Offences & Penalties (sec. 92 to 106)

Court will take cognizance of the offence only when the complaint is made within 3 months of the date on which the alleged commission of the offence came to the knowledge of the inspector, but where the offence consist of disobeying a written order made by an Inspector, complaint may be made within 6 months of the commission of the offence

Offence

Penalties General penalties for offence Penalty for the contravention

of Provisions Relating to Hazardous process

Penalty for obstructing Inspector

Penalty for wrongfully Disclosing Results of Analysis

Penalty relating to casing of new machinery

Penalties for Offences by workers & Parents

Penalty for offence by a medical practitioner

Penalty for employing child labor

Thank You