Factories act 1948

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The Factories Act, The Factories Act, 1948 1948

Bhushan AhireN.B.T. Law College, Nasik

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introduction

In India the first Factories Act was passed in

1881. This Act was basically designed to protect

children and to provide few measures for health

and safety of the workers. This law was

applicable to only those factories, which

employed 100 or more workers. In 1891 another

factories Act was passed which extended to the

factories employing 50 or more workers. Now the

Factories Act, 1948.

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Objective of the Act

• The Act has been enacted primarily with the

object of protecting workers employed in factories

against industrial and occupational hazards.

• For that purpose, it seeks to impose upon the

owner or the occupier certain obligations to

protect the workers and to secure for them

employment in conditions conductive to their

health and safety.

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Applicability of the Act At any place wherein manufacturing process is carried

on with or without the aid of power or is so ordinarily

carried on, not with standing that:

• The number of persons employed therein is less than

ten, if working with the aid of power and less than

twenty if working without the aid of power, or

• The persons working therein are not employed by the

owner thereof but are working with the permission of,

or under agreement with, such owner.

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What is a factory? • means any premises including the

precincts thereof-

• (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, with the aid of power, or

• (ii) whereon twenty or more workers are working, without the aid of power. And

• In any part of which a manufacturing process is being carried on.

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What is a manufacturing process? Manufacturing process means any process for-• (i) 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

• (ii) pumping oil, water, sewage or any other substance; or• (iii) generating, transforming or transmitting power; or• (iv) composing types for printing, printing by letter press,

lithography, photogravure or other similar process or book binding

• (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;

• (vi) preserving or storing any article in cold storage. • [section 2(k)].

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Who is a worker? A person employed in any

manufacturing process or cleaning or any work incidental or connected with the manufacturing process.

A person employed, directly or by or through any agency with or without knowledge of the principal employer.

Whether for remuneration or not.Relationship of master & servant

• does not include any member of the armed forces of the Union.

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Definitions[Sec.2]

• “Adult” means a person who has completed his eighteenth year of age

• “Adolescent” means a person who has completed his fifteenth year of age but has not completed his eighteenth year

• “Child” means a person who has not completed his fifteenth year of age

• “Young person” means a person who is either a child or an adolescent

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Definitions[Sec.2]

• “Day” means a period of twenty-four hours beginning at midnight;

• "week" means a period of seven days beginning at midnight on Saturday night

• “Calendar year” means the period of twelve months beginning with the first day of January in any year

• “Power” means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;

• “Prime mover” means any engine, motor or other appliance which generates or otherwise provides power

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Who is the occupier?

• The person who has ultimate control over the affairs of factory.

• It includes a partner in case of firm and director in case of a company.

• In case of Government company, a person appointed to manage affairs of the factory shall be occupier.

• in the case of a ship which is being repaired, the owner of the dock shall be deemed to be the occupier.

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Approval, Licensing & Registration

State Government may make rules for-• 1. requiring, the submission of plans of any class

or description of factories to the Chief Inspector orthe State Government;

• 2. requiring the previous permission in writing of

the State Government or the Chief Inspector to be

obtained for the site on which the factory is to besituated;

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Approval, Licensing & Registration

State Government may make rules for-• 3. requiring for the submission of plans andspecifications;

• 4. requiring the registration and licensing of

factories or any class or description of factories, and

prescribing the fees payable for such registration and

licensing and for the renewal of licences;

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Approval, Licensing & Approval, Licensing & Registration Of Factories[sec.6]Registration Of Factories[sec.6]

• Making an application to the Government or Chief Inspector , along with the duly certified plans and specifications required by the rules,

• Sent to the State Government or Chief Inspectors by registered post,

• And no order is communicated to the applicant within 3 months from the date on which it is so sent, the permission deemed to be granted.

• If the application is rejected appeal can be made to the government within 30 days of the date of such rejection.

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Notice by OccupierThe occupier shall, at least 15 days before he begins to

occupy or use any premises as a factory, send a notice to the Chief Inspector containing-

• 1. The name and situation of the factory;• 2. The name and address of the occupier;• 3. The name and address of the owner of the premises • 4. The address to which communications relating to the

factory may be sent;• 5. The nature of the manufacturing process;• 6. The total rated horse power installed or to be installed

in the factory;• 7. The name of the manager of the factory for the

purposes of this Act;• 8. The number of workers likely to be employed in the

factory;• 9. Such other particulars as may be prescribed

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Notice by Occupier Cont…

• In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in subsection (1) within thirty days, from the date of the commencement of this Act.

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• Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) at least thirty days before the date of the commencement of work.

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• Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a Copy thereof within seven days from the date on which such person takes over charges.

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General duties of the Occupier

• Occupier shall ensure, the health, safety and welfare of all workers while they are at work in the factory.

• Every occupier shall prepare, a written statement of his general policy with respect to the health and safety of the workers.

• Bring such statement and any revision thereof to the notice of all the workers.

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The Inspecting Staff [Sec.8]

• State government may appoint Chief Inspector, Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and Inspectors.

• Prescribe their duties and qualifications

• Every District Magistrate shall be an Inspector for his district

• Every inspector is deemed to be a public servant within the meaning of the Indian Penal Code

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Powers of Inspectors [sec.9]

• Enter factory premises for investigation• Examine the premises• Inquire into any accident or dangerous occurrence • Require the production of any prescribed register or

document• Seize, or take copies of, any register, record or other

document • Take measurements and photographs and make such

recordings • Exercise such other powers as may be prescribed • No person shall be compelled under this section to

answer any question or give any evidence tending to incriminate himself .

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Certifying Surgeon[Sec.10]• State Government may appoint qualified medical practitioners to

be certifying surgeons And the certifying surgeons can authorizes any medical practitioner to exercise his powers

• Duties of surgeons • (a) the examination and certification of young persons under this

Act;• (b) the examination of persons engaged in factories in such

dangerous occupations or processes• (c) supervising the factories where• (i) cases of illness have occurred which are due to the nature of

the manufacturing process or• (ii) due to manufacturing process there is a likelihood of injury to

the health of workers or• (iii) young persons are employed in any work which is likely to

cause injury to their health.

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Health Provisions[Sec.11-20]• Chapter III of Factories Act contain details

regarding health of workers.• Sec. 11. Cleanliness.• Sec.12. Disposal of wastes and effluents.• Sec. 13. Ventilation and temperature.• Sec. 14. Dust and fume.• Sec. 15. Artificial humidification.• Sec. 16. Overcrowding.• Sec. 17. Lighting.• Sec. 18. Drinking water.• Sec. 19. Latrines and urinals.• Sec. 20. Spittoons.

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Cleanliness [sec.11]

• The working conditions should be clean and safe.

• (Floor- Workrooms- Staircases)

• accumulation of dirt and refuse shall be removed daily by sweeping etc.;

• Clean the floor at least once a week by washing, using disinfectant;

• If floor becomes wet - effective means of drainage shall be provided & maintained.

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• Inside walls, partitions, ceiling, tops of rooms, wall sides, passage & staircase:-

• if painted with non-washable paint or varnish- shall be repainted or revarnished every five year.

• If painted with washable paint shall be repainted every five year & washed in six months.

• In any case be kept white washed &White wash every 14 weeks.

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• Same way all doors, window frames other wooden & metallic framework be painted in five years.

• dates on which the processes are carried out shall be entered in the prescribed register.

• If, due to the nature of the operations in a factory or class or description of factories or any part thereof - not possible to comply with the provisions, the State Government may be order exempt such…and specify alternative methods.

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Disposal of wastes and effluents. [sec. 12.]

• Effective arrangements shall be made in every factory for the treatment of wastes and effluents, so as to render them innocuous and for their disposal.

• The State Government may make rules &

THAT IS TO BE FOLLOWED…

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• 1. Effective and suitable provision shall be made factory for securing and maintaining in workroom adequate ventilation by the circulation of fresh air, and

• 2. Effective and suitable provision shall be made factory for securing and maintaining such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health;

Ventilation & Temperature sec.13

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Ventilation & Temperature sec.13• for securing and maintaining such a

temperature • (i) walls and roofs shall be of such

material and so designed that such temperature shall not be exceeded;

• (ii) where the nature of the work involves the production of excessively high temperatures, -

• a) by separating the process which produces such temperatures from the workroom,

• b) by insulating the hot parts• c) any other...

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Dust and fume.(Sec.14)

• (1) If in the factory – out of the manufacturing process, there is given off any dust or fume or other impurity - as likely to be injurious or offensive to the workers - effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary, it shall be applied.

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Dust and fume.(Sec.14)

• (2) In any factory no stationary internal combustion engine/ no other internal combustion engine, shall be operated unless the exhaust is conducted into the open air.

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Artificial humidification.(Sec. 15)

• For factories in which the humidity of the air is artificially increased, The State Government may make rules,-

• (a) prescribing standards of humidification;

• (b) regulating the methods used for artificially increasing the humidity of the air;

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Artificial humidification.(Sec. 15)

• (c) directing prescribed tests for determining the humidity to be correctly carried out and recorded;

• (d) prescribing methods for securing adequate ventilation and cooling of the air in the workrooms.

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Artificial humidification.(Sec. 15)• If humidity is artificially increased, the

water used for the purpose shall be taken from

• (i)a public supply, or• (ii) other source of drinking water, or• (iii)shall be effectively purified.• (3) If it appears to an Inspector that the

water used in a factory for increasing humidity is requires to be effectively purified he may serve on the manager of the factory an order, specifying the measures to be adopted.

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Overcrowding (Sec.16)

• (1) No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.

• (2) 14.2 cubic meters space per worker. While calculating this space, the space which is more than 4.2 meters above the level of the floor of the room. will not be taken into account.

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Overcrowding (Sec.16)

• Notice specifying the maximum number of workers, which can be employed in any work room can be displayed in the premises by the order Chief Inspector

• The chief Inspector may by order in exempt, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the rooms is unnecessary in the interest of the health of the workers employed therein.

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Lighting[Sec17]

• Sufficient & suitable lighting in every part of factory, natural or artificial or both lighting shall be provided and maintained.

• All glazed windows and skylights used for the lighting of the workroom shall be kept clean.

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Lighting[Sec17]

• Effective provisions shall be made for the prevention of

• a) glare either directly from a source of light or by reflection from smooth or polished surface.

• B) formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented.

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Drinking water[Sec.18]

• In every factory effective arrangements shall be made for wholesome drinking water at suitable points and conveniently situated for all workers with a sufficient supply.

• Drinking points to be marked as drinking water.

• They should be at least 6 meters away from wash room/urinal/ latrine/spittoons.

• If >250 workers are working, then have cool water facility also.

• State Govt. may make rules.

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Latrines and Urinals[Sec.19]

• 1. Sufficient latrine and urinal accommodation of prescribed types shall be provided.

• 2.It conveniently situated and accessible to workers at all times while they at the factory;

• 3. Separate enclosed accommodation shall be provided for male and female workers;

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• 4. Such accommodation shall be adequately lighted and ventilated.

• 5.No latrine or urinal shall, communicate with any workroom except through an intervening open space or ventilated passage;

• 6. All such accommodation shall be maintained in a clean and sanitary condition at all times;

• 7. Sweepers shall be employed.

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• 8.If > 250 workers are ordinarily employed-

• (i) All latrine and urinal accommodation shall be of prescribed sanitary types;

• (ii) The floors and internal walls, up to a height of 90 centimetres of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provided a smooth polished impervious surface;

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• 8.If > 250 workers are ordinarily employed-

• (iii) The floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both.

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Spittoons[Sec.20]

• There should be sufficient number of spittoons.

• No person shall spit within the premises of a factory except in the Spittoons provided for the purpose

• Whoever spits in contravention shall be punishable with fine not exceeding five rupees

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Safety of Worker

• CHAPTER IV DEALS WITH SAFETY OF WORKERS…Sec. 21 to 40

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Fencing of Machinery[Sec.21](i) every moving part of a prime mover and every flywheel

connected to a prime mover;

(ii) the headrace and tailrace of every water-wheel and water turbine;

(iii)any part of a stock-bar which projects beyond the head stock of a lathe; and

(iv) unless they are safe, the following, namely,--

(a) every part of an electric generator, a motor or rotary convertor;

(b) every part of transmission machinery; and

(c) every dangerous part of any other machinery,

shall be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position.

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Work on or near machinery in motion. Sec. 22

No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery etc, while the machinery is in motion.

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• Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, lubrication or other adjusting operation, while the machinery is in motion,

• -such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment.

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• such worker shall not handle a belt at a moving pulley unless,-

• (i) the belt is not more than fifteen centimetres in width;

• (ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible);

• (iii) the belt joint is either laced or flush with the belt;

• (iv) the belt, including the joint and the pulley rim, are in good repair;

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• (v) there is reasonable clearance between the pulley and any fixed plant or structure;

• (vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and

• (vii) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person;

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NO Employment of young persons on dangerous machines[Sec.23]• No young person shall be required or allowed to

work at any machine to which 22 section applies,• unless he has been fully instructed as to the

dangers arising in connection with the machine and the precautions to be observed and-

• (a) has received sufficient training in work at the machine, or

• (b) is under adequate supervision by a person who has a through knowledge and experience of the machine.

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Striking gears[Sec.24]• In every factory suitable striking gear or other

efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys.

• In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every work-room:

• When a device, which can inadvertently shift from "off" to "on" position, is provided in a factory, arrangements shall be provided for locking the device in safe position to prevent accident.

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No traversing part of a self-acting machine. [Sec.25]

• No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, be allowed to run on its outward or inward traverse within a distance of forty-five centimetres from any fixed structure which is not part of the machine:

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Casing of new machines[Sec.26]• (1) every set screw, bolt or key on any

revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger;

• (2) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased.

• (3) Whoever sells or hire etc, any machinery not complying with these provisions, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

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Cotton openers[Sec.27]

• No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work.

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Hoists and lifts[Sec.28]• (1) every hoist and lift shall be-• (i) of good mechanical construction, sound

material and adequate strength:• (ii) properly maintained, and shall be thoroughly

examined by a competent person at least once in every period of six months, and a register shall be kept;

• (2) every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and prevent any person or thing from being trapped between;

• (3) the maximum safe working load shall be plainly marked on every hoist or lift;

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additional requirements hoists and lifts used for persons.Sec.28

• (1) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing;

• (2) where the cage is supported by rope or chain, there shall be at least two ropes or chains separately connected with the cage;

• (3) efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments;

• (4) an efficient automatic device shall be provided and maintained to prevent the cage from over-running.

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Lifting machines, chains, ropes & lifting tackles. [Sec.29]

• Cranes & lifting machines, etc. to be of good construction & to be examined once in every 12 month.

• Cranes and lifting machines not to be loaded beyond safe working load.

• Cranes not to be approach within 6 meters of a place where any person is employed or working.

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Revolving machines[Sec.30]

• (1) In every factory in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone.

• (2) The speeds indicated in notices under sub-section (1) shall not be exceeded.

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Pressure plant[Sec.31]

• There should be safe working pressure on pressure plants.

• If machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of machinery is not exceeded.

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Floors, Stairs etc.[Sec.32]• (1) all floors, steps, stairs, passages and

gangways shall be of sound construction and properly maintained and shall be kept free from obstructions and substances likely to cause persons to slip, and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails;

• (2) when any person has to work at a height from where he is likely to fall, provision shall be made, by fencing or otherwise, to ensure the safety of the person so working.

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Pits, sumps, openings in floors etc.[Sec.33]

• In every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced.

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Excessive weights[Sec.34]

• (1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury.

• (2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process.

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Protection of eyes[Sec.35]• If manufacturing process, which involves-

• (a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or

• (b) risk to the eyes by reason of exposure to excessive light,

• the State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process.

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Dangerous fumes etc[Sec.36]

• Prohibited to employ workers in places where dangerous gas / fume is present.

• Practicable measures should be taken for removal of gas, fume, etc.

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Portable electric light[Sec.36A]

• It should not be above 24 volts

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Explosive or inflammable dust, gas, etc.[Sec.37]

• Take all measures for safety and to prevent explosion on ignition of gas, fume etc.

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Precautions in case of fire[Sec.38]

• There should be separate exit for cases of fire.

• There should be facilities for extinguishing fire.

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Role of inspector[Sec.39,40]

• Section 39, 40 and 40A talk about various roles that have been assigned to the inspector.

• He may call for details regarding building, machines etc.

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Safety officer[Sec.40B]

• If 1000 or more workers are employed, appoint a separate safety officer.

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Power to make rules to supplement the above provisions[Sec.41]

• The State Government may make rules requiring the provision in any factory of such further devices & measures for securing the safety of persons employed therein as it may deem necessary.

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Welfare Provision[Sec.42-50]

• Washing facilities(Sec 42)• Facilities for, storing & drying

clothes(Sec43)• Facilities for sitting(Sec 44)• First aid appliances(Sec 45)• Canteen( Sec46)• Rest room, shelters, lunch room( Sec 47)• Creches (Sec 48)• Welfare Officers(Sec 49)• Power to make rule(Sec 50)

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Washing facilities[Sec.42]

• There should be washing facilities in every factory for the workers–separate for male and female workers-properly screened.

• conveniently accessible and shall be kept clean.

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Facility for storing and drying of clothing[Sec.43]

• The State Government may, make rules requiring the facility of

• (i)places for keeping clothing not worn during working and

• (ii)for the drying of wet clothing.

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Facilities for sitting[Sec.44]

• Suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position

• If in the opinion of Chief Inspector, worker can work by sitting, he may, require the occupier to provide seating arrangements as may be practicable.

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First-aid appliances[Sec.45]

• There should be at least 1 first aid box for every 150 workers.

• It should have the prescribed contents.

• A responsible person should should be in charge, hold a certificate on first aid treatment.

• An ambulance room in charge medical and nursing staff as may be prescribed should be there if the number of workers is more than 500.

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Canteen[sec.46]

• The State Government may make rules requiring that a canteen or canteens shall be provided and maintained, if more than 250 workers are employed.

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Canteen[sec.46] • such rules may provide for--• (1) the date by which such canteen shall be

provided.• (2) the standards in respect of construction,

accommodation, furniture and other equipment of the canteen.

• (3) the foodstuffs to be served and the charges.• (4) the constitution of a managing committee. • (5) the items of expenditure in the running of

the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer.

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Shelter, rest room, lunch room[Sec.47]

• When 150 workers are working, there should be rest rooms, lunch room, etc.

• Such places should be having drinking water facilities etc.

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Creches[Sec.48]

• If the number of women workers is more than 30, there should be the creches.

• It should be sufficiently lighted, ventilated & to be under the charge of trained women

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Welfare Officer[Sec.49]

• If the number of workers is 500 or more, there should be a welfare officer to look after the welfare of the workers.

• The State Government may prescribe the duties, qualifications and conditions of service of the welfare officers.

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In Nutshell

• Crèche - > 30 women workers

• Restroom / shelters and lunch room - > 150 workmen

• Cooled drinking water - > 250 workers

• Canteen - > 250 workers

• Ambulance room – Doctor, Nurse and Dresser cum compounder - > 500 workers

• Welfare officer - > 500 workers

• Lady welfare officer - > more nos. of women workers

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Working hours Of Adults

• Chapter VI

• The rule as to the regulation of hours of work of adult workers in a factory

and holidays.

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Working Hours

• Sec.51-Weekly hours not more than 48 hours a week

• Sec.52-First day of the week i.e. Sunday shall be a weekly holiday, unless--

• (i) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (ii) notice to the Inspector & displayed in the factory.

• Sec.53-Compensatory holidays

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Daily Working Hours• Sec.54- adult not more than nine hours in

any one day.

• With previous approval of the Chief Inspector, it may be exceeded in order to facilitate the change of shifts.

• Sec.55-Intervals for rest-no worker shall work for more than 5 hours before he has had an interval for rest of at least 1/2 an hour.

• Inspector may increase it up to six hours.

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Spread over[sec.56]

• Inclusive of rest intervals they shall not spread over more than 10-1/2 hours in any day

• Inspector may increase the spread over up to 12 hours.

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Night Shifts[Sec.57]

• If shift extends beyond midnight, a holiday for him will mean a period of 24 hours beginning when his shift ends.

• the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends,

• and the hours he has worked after midnight shall be counted in the previous day.

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Prohibition Overlapping Shifts[Sec.58]

• Work shall not be carried in any factory by means of system of shifts so arranged that more than one relay of workers is engaged in the work of same kind at the same time.

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Extra Wages for Overtime[Sec.59]

• If a worker works for more than 9 hours in any day or for more than 48 hours in any week, he shall be entitled to wages at the rate of twice his ordinary rate of wages.

• "ordinary rate of wages" means the basic wages plus such allowances.

• but does not include a bonus and wages for overtime work.

• If workers paid on a piece-rate basis, it shall be equivalent to the daily average of their full-time earnings for the last month.

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Restriction on Double Employment [Sec.60]

• No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.

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Notice of periods of work for Adult Workers [Sec.61]

• A notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work shall be displayed and correctly maintained.

• Periods to be fixed beforehand.

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Register of Adult Workers [Sec.62,63]

• The manager should maintain Register of Adult workers showing-

- Name- Nature of work- The Group etc.

Of each & every Adult Worker in the factory.• The Register shall be available to the

Inspector at all time during working hours.

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CHAPTER VII: Employment of young persons

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Prohibition of employment of young Children [Sec.67]

• No child who has not completed his 14 year shall be required or allowed to work in any factory.

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Non-Adult workers to Carry Tokens [Sec.68]

• An adolescent shall not be required or allowed to work in any factory unless--

• (a) a certificate of fitness granted to him U/S 69 is in the custody of the manager; and

• (b) such an adolescent carries, while he is at work, a token giving a reference to such certificate.

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Certificate of fitness

• Is a certificate issued by a certifying surgeon after examining him & ascertaining his fitness for work in factory.

• Valid for 12 Months.• Revocation of Certificate by surgeon ,

if child is no longer fit.• Fee payable by Employer:-Fee &

Renewable Fee to be paid by occupier.

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Working Hours for Young persons[Sec.71,72]

• Working Hours limited to 4-1/2

• Not during Nights.

• Period of work limited to 2 shifts.

• Entitled to weekly Holidays.

• Female to work only between 6am to 7 pm.

• Fixation of periods of work beforehand.

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Register of Young persons

• The manager should maintain Register of Adult workers showing-

• -Name• -Nature of work• -The Group etc.• Of each & every Adult Worker in the

factory.• The Register shall be available to the

Inspector at all time during working hours.

Page 98

Power to require Medical Examination[Sec.73]

Inspector has the power to direct manager to have medical examination of young persons working in case-

• Young Persons working without License is to be treated as child.

• They no longer seem to be Fit.

Page 99

Employment of Women

• Prohibition of women workers at night shift

• Women shall not be allowed to work in any factory except between the hours of 6 A.M. and 7 P.M..

• The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M.

• Working hours not more than-weekly 48 hours & daily 9 hours

Page 100

Annual Leave with Wages[Sec.78-84(Chapter- VIII)]

• Rules: 1) Leave Entitlement-One day for every 20/15 days of work performed in case of

adult/Child who has worked for period of 240 days.2) Computation of Period of 240 days-The days of lay-off, maternity leave not exceeding 12

weeks,& earned leave in previous year should be included.

3)Discharge, Dismissal , Superannuation ,death , quitting of employment-

He , his heir , nominee as the case may be entitled to wages.

Page 101

4) Treatment of Fraction of Leave:-Half day or more is treated as full while less than half is

omitted.

5) Treatment of Un-availed leave:Should be carried – forward to next calendar year but shall

not exceed 30 in case of an adult & 40 in case of child.

6)Application for leave to be made in writing within specified time.

7)Scheme for grant of leave.8)Display of Scheme for grant of leave.9)Refusal of leave to be in accordance with Scheme10)Payment of wages to worker for leave period if he

is discharged or if he quits service.

Page 102

Wages during leave period[sec.80]

• Worker is entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately proceeding his leave.

Page 103

Penalties under the Act[Sec.92-106]

Page 104

General Penalty for Offences [Sec.92]

• If there is any contravention of any of the provisions of the act, the Occupier & Manager each shall be Guilty & punishable with

• Imprisonment for a term up to 2 years.• with a fine up to Rs.1Lack• or with Both.

Page 105

• [Sec.93] further extends, if the contravention under section 92 continued after conviction ,they(Manager& Occupier) shall be punishable with further fine which may extend to Rs. 1000 for each day on which contravention is so continued.

Page 106

Enhanced Penalty after Conviction [Sec.94]

• If a person convicted of any offence punishable under Sec 92, is again guilty involving contravention of same provision ,he shall be punishable with

• Imprisonment for a term which may extend to 3 years.

• Or fine which shall not be less than 10000• Or both. • If any contravention of provision relating to

safety, has resulted in an accident causing death /serious bodily injury, Fine shall not be less than Rs.35000/Rs.10000

Page 107

Cognizance of Offences[sec.105]

• No court shall take cognizance of any offence under this act except on a complaint by or with the previous section in writing of an Inspector.

• The complaint shall be filed within 3 months of the date on which offence comes to the knowledge of an Inspector. But it can be six months , if offence consists of disobeying a written order made by an Inspector.

Page 108

Appeal[Sec.107]

• The manager of the Factory or the Occupier on whom an order in writing by an inspector has been served, within 30 days of the notice, can appeal against it to the prescribed Authority.

Page 109

Display of Notices[Sec.108]

• A notice containing Abstracts of this Act & the rules made there under and also the name & address of the Inspector and the certifying surgeon.

• Shall be in English& Language Understood by the majority of the workers.

• Convenient Places or near main Enterance.

Page 110

Returns[Sec.110]

• The State Govt. may make rules requiring Owner , Occupier, Manager of factories to submit Returns as may be required.

Page 111

Power to make rules & give directions[Sec.112,113,115]

• (Sec 112) The State Govt. may make rules providing for any matter which may be discovered expedient In order to give effect to the purposes of the act.

• (Sec 113) The central Govt. may also give directions to the State Govt. as to carrying to the execution of the provisions of the act.

• (Sec 115) provides for the publication of the rules made under the act in the official Gazette.

111

Page 112

Restriction on Disclosure of Information[Sec.118-A]

• Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this act. Further he shall not disclose to manager or occupier that the inspection is made in pursuance of the receipt of complaint.

Page 113

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