Factory Act Presentation

8/3/2019 Factory Act Presentation

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Act which makes itobligatory on the part of

the employer to provide forthe health, safety and

welfare of the workersemployed.



Applies to every factory wherein10 or more workers are or were

employed, if run with power and20 or more workers are or wereemployed, if run without power.

Application to factories with fewerworkers u/s 85



Hours of work (adult) not to exceed 48 hours in a week or9 hours in a day.

Relaxation: Where an adult worker is engaged inurgent repairs.

Payment of Overtime wages for overstay at workplace @

twice the ordinary rate of wages. ** Provision relating to hours of work not applicable to

supervisory staff. Weekly Holiday: No work for more than 10 days without a

day of rest.

Intervals of rest: half an hour for 5 hours of work No child (who has not attained the age of 15 years) be

permitted to work. Prohibition of employment of Women: No woman shall be

employed in any factory for more than 9 hours in any day

or between 7 pm and 6 am.



adequate safeguards in the factory asregards occupational safety andhealth, equal opportunity for women

workers, adequate protection of theirdignity, honor and safety and theirtransportation from the factory

premises to the nearest point of theirresidence" are made.



@ 1day for every 20 days provided -----

240 days of work during

preceding year.

Days of lay off, paid holidays or leave

days considered

Encashment of unavailed leave:Encashable at the present rate of

wages.



Provide each employee a Leave Book- thick

bound sheet- in FORM 16 (with similar

entries as in Form 15)

Provide each worker an Attendance Card in

form 28 showing the particulars of

employment

* shall be substituted by Electronic cards



white washing at least once in every 14 months

repainting or revarnishing every 5 years ensure proper disposal of wastes and effluents Record the dates on which white washing, painting or

varnishing done in a register in FORM 7. Ensure provision of sufficient number of Latrines and

urinals –

separate for gents and ladies Ensure spittoons are provided at adequate places. Ensure workplace has adequate ventilation Avoid overcrowding – ensure 500 cubic feet of space

for every worker without reference to any space whichis more than 14 feet above the level of the floor of theroom.

Ensure proper lighting- artificial or natural or both.

Ensure supply of uninterrupted supply of DrinkingWater.



Fencing of Machines and Moving parts of machines– spindles, gears, pulleys, belts etc Protection of eyes using screens or goggles from

excessive light or infra-red or ultra violetradiations

Precaution in case of Fire.

No woman or young person shall, unaided byanother person, lift, carry or move by hand or headany material or tool exceeding the maximum limitprescribed.

* Adult male 75 Kgs * Adult female 30 Kgs * Adolescent male 30 Kgs * Adolescent female 20 Kgs Safety Officer: Appoint a Safety Officer wherein

1000 or more workers are employed.



Washing facility separately for women and men Separate rooms for men and women for drying of clothes Separate rest rooms for men and women First Aid boxes equipped with prescribed medicines Ambulance room where 500 or more are employed

Canteen for use of workers where 250 or more areemployed (150 under Plantation Labour Act) Lunch room where 150 or more are employed Crèches where 30 or more women are employed Appoint WELFARE OFFICER (S) where 500 or more are

employed (300 under PLA) The duties, qualification and conditions of service of such

welfare officers shall be in accordance with the rules of therespective State Govt.

NOTICE OF DANGEROUS OPERATIONS



Attendance Register/ Muster roll in form 25

Register of Adult Workers in form 12 Record of Lime washing, painting etc in

form 7 Register of Compensatory Holidays in form

9 Overtime Muster roll for Exempted

workers in form 10 Register of Leave with Wages in form 15 Health Register in form 17 (in respect of

persons employed in occupations declaredto be dangerous operations u/s 87)

Register of Accidents and DangerousOccurrences in form 26

Particulars of Rooms in the factory in form35. Raghubar Jha



Notice of accidents and dangerous occurrences resultingin death or bodily injury in form 18 (similar to the one tobe sent ESI Local Office under the ESI Act)

Half yearly returns in form 22

Annual returns in form 21 Notice of change of Manager in form 23 Details of closure in form 32 Report of examination of Pressure Vessel or Plant in

form 8

Report of examination of Water sealed Gas holder inform 38

Report of Examination of Hoist or Lift in form 41 Certificate of Fitness for Dangerous Operations in form

39

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5.. - In any case of public emergency theState Government may, by notification in theOfficial Gazette, exempt any factory or classor description of factories from all or any of

the provisions of this Act except section 67for such period and subject to suchconditions as it may think fit : Provided thatno such notification shall be made for aperiod exceeding three months at a time.

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The State Government may, on its own or onan application made in this behalf by anoccupier, direct, by an order in writing, andsubject to such conditions as it Fray deem fit,

that for all or any of the purposes of this Actdifferent departments or branches of afactory of the occupier specified in theapplication shall be treated as separatefactories or that two or more factories of theoccupier specified in the application shall betreated as a single factory

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(1) The State Government may make rules - (a) requiring, for thepurposes of this Act, the submission of plans of any class ordescription of factories to the Chief Inspector or the StateGovernment;

(aa) requiring, the previous permission in writing of the State

Government or the Chief Inspector to be obtained for the site onwhich the factory is to be situated and for the construction orextension of any factory or class or description of factories;

(b) requiring for the purpose of considering applications for suchpermission the submission of plans and specifications;

(c) prescribing the nature of such plans and specifications and bywhom they shall be certified;

(d) requiring the registration and licensing of factories or any classor description of factories, and prescribing the fees payable forsuch registration and licensing and for the renewal of licences;

(e) requiring that no licence shall be granted or renewed unless theRaghubar Jha



(2) If on an application for permission referred to in clause (aa) ofsub-section (1) accompanied by the plans and specifications

required by the rules made under clause (b) of that sub-section,sent to the State Government or Chief inspector by registered post,no order is communicated to the applicant within three months fromthe date on which it is so sent, the permission applied for in the saidapplication shall be deemed to have been granted.

(3) Where a State Government or a Chief Inspector refuses to grantpermission to the site, construction or extension of a factory or tothe registration and licensing of a factory, the applicant may withinthirty days of the date of such refusal appeal to the CentralGovernment if the decision appealed from was of the StateGovernment and to the State Government in any other case.

Explanation : A factory shall not be deemed to be extended withinthe meaning of this section by reason only of the replacement of anyplant or machinery, or within such limits as may be prescribed, ofthe addition of any plant or machinery if such replacement oraddition does not reduce the minimum clear space required for safeworking around the plant or machinery or adversely affect the

environmental conditions from the evolution or emission of steam,heat or dust or fumes injurious to health.

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(1) The State Government may make rules - (a)requiring, for the purposes of this Act, thesubmission of plans of any class or description offactories to the Chief Inspector or the StateGovernment;

(aa) requiring, the previous permission in writing ofthe State Government or the Chief Inspector to beobtained for the site on which the factory is to besituated and for the construction or extension of

any factory or class or description of factories; (b) requiring for the purpose of considering

applications for such permission the submission ofplans and specifications;

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(c) prescribing the nature of such plans andspecifications and by whom they shall becertified;

(d) requiring the registration and licensing of

factories or any class or description offactories, and prescribing the fees payable forsuch registration and licensing and for therenewal of licences;

(e) requiring that no licence shall be granted orrenewed unless the notice specified in section7 has been given.

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(2) If on an application for permission referred to in clause

(aa) of sub-section (1) accompanied by the plans andspecifications required by the rules made under clause (b)of that sub-section, sent to the State Government or Chiefinspector by registered post, no order is communicated tothe applicant within three months from the date on which itis so sent, the permission applied for in the said application

shall be deemed to have been granted.

(3) Where a State Government or a Chief Inspector refusesto grant permission to the site, construction or extension ofa factory or to the registration and licensing of a factory,the applicant may within thirty days of the date of such

refusal appeal to the Central Government if the decisionappealed from was of the State Government and to the StateGovernment in any other case.

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Factory Act Presentation

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