ITFT - BUSINESS LAW

The Factories Act, 1948

Introduction

The Factories Act, 1948

• The Factories Act, 1948 has been enacted to consolidate and amend the law regulating the workers working in the factories.

• It extends to whole of India and applies to every factory wherein 20 or more workers are ordinary employed.

Since the aim and object of the Act is to

• safeguard the interest of workers and protect them from exploitation,

• the Act prescribes certain standards with regard to safety,

• welfare and working hours of workers, apart from other provisions.

Factory • Means any premises

including the precincts thereof where ten or more persons are working in any manufacturing process being carried on with aid of power and where twenty or more workers are working without the aid of power.

Employee Health

• Every factory should be kept dean and free from effluvia arising from any drain, privy or other nuisance. {Section 11}

• Effective arrangements should be made in every factory for the treatment and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal. {Section12}

• Effective and suitable provisions should be made in every factory for securing and maintaining in every workroom;

• adequate ventilation by the circulation of fresh air;

• and such a temperatures will secure to workers therein reasonable conditions of comfort and

• prevent injury to health. {Section 13}

• Effective measures should be taken to prevent inhalation of dust and fume that may produce in the course of manufacturing process. {Section 14}

• In any factory where the humidity of air is artificially increased, the State Government may make rules prescribing standards of humidification;

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

• and directing prescribed test for determining the humidity of the air to be correctly carried out and recorded;

• and prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. {Section 1S}

Employee Safety

• The machinery in every factory should be properly fenced. {Section 21}

• Only the trained adult male worker, wearing tight fitting clothing which should be supplied by the Occupier, should be allowed to work near the machinery in motion. {Section 22}

• No young person shall be employed on dangerous machinery, unless he is fully instructed as to the danger arising in connection with the machine and the precautions to be observed and he has received sufficient training in work at the machine. {Section 23}

• Suitable arrangements should be made to provide striking gear and devices for cutting off power in case of emergencies. {Section 24}

• Sufficient precautions should be taken with regard to self-acting machines to avoid accidents. {Section 25}

Employee Welfare • Adequate and

suitable 'washing facilities' should be provided in every factory. {Section 42}

• Provision should be made to provide suitable places for keeping clothing not worn during working hours and for the drying of wet clothing.{Section 43}

• In every factory, suitable arrangements for sitting should be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.{Section 44}

• First-Aid Boxes with the prescribed contents should be provided and maintained so as to be readily accessible during all working hours at the rate of at least one Box for every 150 workmen. {Section 45}

• In every factory wherein more than 500 workers are employed there should be provided and maintained an Ambulance containing the prescribed equipment and in the charge of such medical and nursing staff. {Section 45(4)}

Working Hours of Adult Workers • Ordinarily, a

worker should not be allowed to work in a factory for more than 48 hours in any week. {Section 51}

• The workman should have one holiday for a whole day in a week. Where he was asked to work on his scheduled weekly holiday, he should be given compensatory holiday within three days of his scheduled weekly holiday. {Section 52}

RESTRICTIONS ON EMPLOYMENT OF WOMEN. [section 66] • Women is not

allowed to work during the night hours from between 10 P.M. and 5 A.M. Factories act 1948, shall allow women to work in between the hours of 6 A.M. and 7 P.M. only.

General Duties of the Occupier

• Every Occupier should ensure, so far is reasonably practicable the health, safety and welfare of all workers while they are at work in the factory.

• Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, include - • the provisions and maintenance of plant and

systems of work in the factory that are safe and without risks to health; .

• the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substance;

• the provision of such information, instruction, training and supervision as are necessary to ensure .the health and safety of all workers at work;

• Except in such cases as may be prescribed, every Occupier should prepare, and, so often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. {Section 7-A}