THE FACTORIES ACT, 1948.

THE FACTORIES ACT, 1948.

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 50or more workers.

Definition of a Factory: Factory is defined in Section 2(m) of the Act. It means any premises including the precincts thereof -i.Whereon ten or more workers are working, or were workingon any day of the preceding twelve months, and in any partof which a manufacturing process is being carried on withthe aid of power, or is ordinarily so carried on; or ii.Whereon twenty or more workers are working, or wereworking on any day of the preceding twelve months, and inany part of which a manufacturing process is being carriedon without the aid of power, or is ordinarily so carried on;But does not include a mine subject to the operation of the MinesAct,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

The following have held to be a factory:i. Salt works ii. A shed for ginning and pressing of cotton iii.A Bidi making shed iv.A Railway Workshop v.Composing work for Letter Press Printing vi.Saw Mills vii.Place for preparation of foodstuff and other eatables

HIGHLIGHTS:
The Factories Act, 1948 came into force on the 1st day of April,1949 andextends 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. In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Acthas been enacted primarily with the object of protecting workers employed infactories against industrial and occupational hazards. For that purpose, it seeksto impose upon the owner or the occupier certain obligations to protect theworkers and to secure for them employment in conditions conducive to their health and safety.

Some of the crucial Sections: Registration & Renewal of Factories To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan. Sec.6

Employer to ensure health of workers pertaining to

Cleanliness Disposal of wastes and effluents Sec 12 Ventilation and temperature dust and fume Sec 13 Overcrowding Artificial humidification Lighting Sec. 14 Drinking water Spittoons. - Sec. 18

Safety Measures
Fencing of machinery Sec. 21 Work on near machinery in motion. Sec 22 Employment prohibition of young persons on dangerous machines. Sec 23 Striking gear and devices for cutting off power. Sec 24 Self-acting machines.- Sec 25 Casing of new machinery.- Sec 26 Prohibition of employment of women and children near cotton-openers.- Sec27 Hoists and lifts.- Sec 28.

Welfare Measures
Washing facilities Sec 42 Facilities for storing and drying clothing Sec 43 Facilities for sitting Sec 44 First-aid appliances one first aid box not less than one for every 150 workers Sec 45 Canteens when there are 250 or more workers. Sec 46 Shelters, rest rooms and lunch rooms when there are 150 or more workers. Sec 47 Creches when there are 30 or more women workers. Sec 48 Welfare office when there are 500 or more workers. Sec 49

Working Hours, Spread Over & Overtime of Adults

Weekly hours not more than 48 - Sec: 51 Daily hours, not more than 9 hours. - Sec: 54 Intervals for rest at least hour on working for 5 hours. - Sec: 55 Spread over not more than 10 hours. - Sec: 56 Overlapping shifts prohibited. - Sec: 58 Extra wages for overtime double than normal rate of wages - Sec:59 Restrictions on employment of women before 6AM and beyond 7 PM. - Sec: 60

Annual Leave with Wages

A worker having worked for 240 days @ one day for every 20 daysand for a child one day for working of 15 days. Accumulation of leave for 30 days. (Sec. 79)

OFFENCE ( SEC92-106) For contravention of the Provisions of the Act or Rules On Continuation of contravention

PENALTIES ( SEC92-106) Imprisonment up to 2 years or fine up to Rs.1,00,000 or both Rs.1000 per day

On contravention of Chapter IV pertaining Not less than Rs.25000 in case of to safety or dangerous operations. death. Not less than Rs.5000 in case of serious injuries.
Subsequent contravention of same provisions Obstructing Inspectors Imprisonment upto 3 years orfine not less than Rs.10, 000which may extend to Rs.2,00,000 Imprisonment upto 6 months orfine upto Rs.10, 000 or both.

OFFENCE ( SEC92-106)

PENALTIES ( SEC92-106)

Wrongful disclosing result pertaining to results of analysis. For contravention of the provisions of Sec.41B, 41C and41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

Imprisonment upto 6 months orfine upto Rs.10, 000 or both. Imprisonment up to 7 years with fine up to Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. Imprisonment of 10 years.

Brief Notes on Factories Act 1948

Who is a worker? a person employed in any manufacturing process or cleaning or any work incidental to manufacturing process. It includes persons employed through contractor. [section2(l)]. 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, 'occupier' need not be a director. In that case, person appointed to manage affairs of the factory shall be occupier. *section 2(n)+. Name of 'occupier' of the factory should be informed to Factories Inspector. The 'occupier' will be held responsible if provisions of Factories Act are not complied with. He has to give notice 15 days before he begins to occupy the premises as a factory, giving details as prescribed in section 7

 Duties of the occupier The occupier shall ensure, as far as possible, health, safety and welfare of workers while they are working in factory. [section 7A]

 Restrictions on employment of women? A woman worker cannot be employed beyond the hours 6 a.m. to 7.00 pm. State Government can grant exemption to any factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM. Shift change can be only after weekly or other holiday and not in between. [section 66].

 Record of the workmen A register (muster roll) of all workers should be maintained. No worker should be permitted to work unless his name is in the register. Record of overtime is also required to be maintained. [section 62].

Earned leave to the worker A worker is entitled in every calendar year annual leave with wages at the rate of one day for every 20 days of work performed in the previous calendar year, provided that he had worked for 240 days. Child worker is entitled to one day per every 15 days. While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be considered,