Factories act 1948

FACTORIES ACT 1948

By

Mandeep Singh

Introduction

In great Britain, the second half of the 18th century, saw rapid industrialization.

Initially, no restrictions on employment including employment of women and children, as also duration of work.

On initiative of labour unions, number of legislations including, Factories Act came into existence .

First act in 1819. Revisions took place over the years with the final Factories Act passed in 1948.

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.

Amended in 1891,which extended the scope to factories employing 50 or more workers.

Objective and Scope The main objective of Factories Act, 1948 is to ensure

adequate safety measures and to promote the health and safety and welfare of the workers employed in factories. The act also makes provisions regarding employment of women and young persons (including children & adolescents), annual leave with wages etc.

The Act extended to whole of India including Jammu & Kashmir and covers all manufacturing processes and establishments falling within the definitions of “factory” as defined u/s 2(m) of the act. Unless otherwise provided it is also applicable to factories belonging to Central/State Government (section 116

Applicapability It covers all the manufacturing process

and establishments falling under the definition of ‘factory’ as defines under the Section 2(m).

Unless otherwise provide it is also applicable to establishments of central/ state govt. (Sec. 116)

DefinitionsFactory as per Section 2(m) It includes premises including any precincts thereof:

whereon 10 or more workers are working or were working on any day of 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

2) whereon 20 or more workers are working or were working on any day of preceding 12 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 subject to the operation of the mine act, 1952 - a mobile unit belonging to the armed force of the union - a railway running shed or, - a hotel, restaurant or eating place.

“Manufacturing process” means any process for-a) 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

b) Pumping oil, water, sewage or any other substance; orc) Generating, transforming or transmitting power; ord) Composing types for printing by letter press, lithography,

photogravure or other similar process or book bindinge) Constructing, reconstructing, repairing, refitting, finishing

or breaking up ships or vessels;f) Preserving or storing any article in cold storage;

DAY: means a period of 24 hours beginning at midnight; WEEK: means a period of 7 days beginning at midnight on

Saturday night CALENDAR YEAR: means the period of 12 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;

ISSUES COVERED Health Safety Welfare Working Hours Of Adults Annual Leave With wages

Health Cleanliness Disposal of Wastes & Effluents Ventilations & Temperature Dust & Fumes Artificial Humidification Overcrowding Lighting Drinking Water Latrines & Urinals Spittoons

Safety Provisions Fencing of Machinery Work on or near Machinery in motion Employment of Young Persons on Dangerous

Machines Striking Gear and Devices for cutting off power Self Acting Machines Casing of New Machinery Prohibition of Employment of Women & Children near

Cotton openers Hoists, lifts, Lifting Machines and others Revolving Machinery Pressure Plant

Safety Provisions Floors, Stairs & Means or Access Pits, Sumps, Opening in Floors and others Excessive Weights Protection of Eyes\precautions against Dangerous

Fumes, Gases & others Precautions Regarding use of portable electric light Explosive or Inflammable Dust, Gas Precautions in case of fire Specifications of Defective Parts or Tests of Stability Safety of Buildings and machines Safety officers

Welfare Washing Facilities Facilities for Storing & Drying clothing Facilities for Sitting First Aid facilities Canteens, Shelters, Rest Rooms & Lunch Rooms Creches Welfare Officers

Hazardous Processes Provisions regarding Hazardous Process were

instructed in the Act under a new chapter by the Factories (Amendment) Act, 1987.

This Act instructed two new schedules:I. Listing the industries involving hazardous processII. Relating to permissible levels of certain chemical

substances in work environment

Provisions Regarding Hazardous Processes

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

Provisions Regarding Hazardous Processes

Providing for medical examination of every worker at intervals

Appointment of Inquiry Committee Emergency Standards Permissible Limits of Exposure of chemical and

toxic Substances Workers’ participation in safety management Right of workers to warn about imminent danger

Working Hours of Adults 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 Spread Over Night Shifts

Working Hours of Adults Weekly hours (sec. 51) : 48 hours in a week. Weekly holidays (sec. 52) : No adult worker shall be required or

allowed to work in a factory on the first day of the week. Compensatory holidays (sec. 53) : within the month in which

the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

Daily hours (sec. 54) : not more than 9 hours in day. Intervals for rest (sec. 55) : ½ an hour after working of 5 hours ,

but state govt. in special circumstances on written application can allow continue working not more than 6 hours.

Spread over (sec.56) : inclusive of his intervals for rest under section 55, they shall not spread over more than 10 ½ hours in any day (chief inspector can raises it up to 12 hours).

Night shifts (sec. 57) Prohibition of overlapping shifts (sec. 58)

Working Hours of Adults Extra wages for overtime (sec. 59) :  Where a worker

works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

Restriction on double employment (sec. 60) Notice of periods of work for adults (sec. 61) Register of adult workers (sec. 62) Hours of work to correspond with notice under

section 61 and register under section 62 (sec. 63) Power to make exempting rules (sec. 64) : State

Govt. Power to make exempting orders (sec. 65) : State

Govt.

Restrictions on Employment of Women and Children

Work between 6 a.m. to 7 p.m. only Strict 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 of fish-curring and fish-canning

Employment of Children Prohibition of employment of young children

(sec. 67): No child who has not completed his fourteenth year shall be required or allowed to work in any factory.

Non-adult workers to carry tokens (sec. 68) : A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless - (a) a certificate of fitness granted with reference to him

under section 69 is in the custody of the manager of the factory; and

 (b) such child or adolescent carries while he is at work a token giving a reference to such certificate

Employment of Children Working hours for children (sec. 71). No child shall

be employed or permitted to work, in any factory – for more than four and a half hours in any day; during the night.

The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each;

The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child.

No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory.

No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.

Employment of Children Notice of periods of work for children (sec. 72) Register of child workers (sec. 73) Hours of work to correspond with notice

under section 72 and register under section 73 (sec. 74)

Power to require medical examination (sec. 76)

Power to make rules (sec. 77) : State Govt. Certain other provisions of law not barred

(sec. 78)

Leave Annual leave with wages Wages during leave period Payment in advance in certain cases Mode of Recovery of unpaid wages Power to make rules

Calculation of Leave Entitlement 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.

Administration The state govt. carry out administration of

the act through: Inspecting Staff (sec. 8) Certifying Surgeons (sec. 10) Welfare Officers (sec. 49) Safety Officers (sec. 40-B)

Inspecting Staff The State Government may appoint such persons as

….Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit.

The State Government may, .. appoint any person to be a Chief Inspector

No person so appointed under …. shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith.

Every District Magistrate shall be an Inspector for his district.

The State Government may also, … appoint additional Inspectors

Such Inspectors shall be deemed to be a public servant

Certifying Surgeons Appointment of certifying surgeon by state govt. for

the following purposes:-

- The examination & certification of the young person under this act.

- Examination of persons engaged in factories in such dangerous occupation or processes as may be prescribed.

- The exercising of such medical supervision as may be prescribed for many factory or class or description of factories.

Welfare Officers- Impose statutory obligation on the

occupier of the factory of the appointment of welfare/s officer wherein 500 or more workers are ordinarily employed.

- Duty, Qualification and conditions of service may be prescribed by the state govt.

Safety Officers It empowers the state govt. for directing a

occupier of factory to employ such no. of safety officer as specified by it where more than thousand workers were employed or where manufacturing process involves risk of bodily injury, poising or disease or any other hazards to health of the persons employed therein.

Duty, Qualification and conditions of service may be prescribed by the state govt.

Administration

FORM-2 Notice of occupation YearlyWithin 30days from the date of Expiry

FORM-18 Notice of Accident As&when Required Within 48 Hrs.FORM-18 A Notice of serious Accidents As&when Required Within 4 Hrs.

FORM-2A Change of Manager As&when Required

Within 7 days of the new manager taking charge

FORM-31 Accident Annual Return (FORM-21 Annual Return) Annualy 31st Jan.FORM-22 Half Yearly Return Half Yearly Before 15th JulyFORM-8 Test of pressure Vessal Half Yearly  FORM-7 Record of white washing As&when Required  FORM-37 Report of examination of Hoist and lift Half Yearly  

Amendment of Lincense As&when Required

When the sanctioned H.P or manpower exceeds

AdministrationNOTICE TO BE CHECKED    1.Form-11    2. List of Holidays    3.Abstract of the Act    4.Name &Adress of FI, LO,LI,& DLC    Registers to be Maintained    1.Inspection Book As&when Required  2.Leave with wages register (Form-15) Yearly  

3.Register of lime washing (Form-IV)As & when required  

4.Fire extinguisher testing register Yearly  5.Leave Book (Form-15) Yearly  6.Muster Roll (Form 25 ) Daily  7.FORM-10 OT Muster Roll   For exempted emp.8.FORM-26 Register of Accidents &occurences Monthly  

Notice for working on weekly off daysAs & when required  

First Aid Boxes Monthly  

Offences A court can 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

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 labour

Offences and Penalties OFFENCE PENALTIES

For contravention of the Provisions of the Act or Rules Imprisonment upto 2 years or fine upto Rs.1,00,000 or both

On Continuation of contravention Rs.1000 per day

On contravention of Chapter IV pertaining to safety or dangerous operations.

• Not less than Rs.25000 in case of death.

• Not less than Rs.5000 in case of serious injuries.

Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.

Obstructing Inspectors Imprisonment upto 6 months or fine upto Rs.10, 000 or both.

Wrongful disclosing result pertaining to results of analysis Imprisonment upto 6 months or fine upto Rs.10, 000 or both.

For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger

• Imprisonment upto 7 years with fine upto Rs.2,00,000 and on continuation fine @ Rs.5,000 per day.

• Imprisonment of 10 years when contravention continues for one year.

Proposed Amendments For application of the factories act, raise

the numbers of workers From 10 to 20 for firms with power supply From 20 to 40 with no power supply

Thank you