OBJECTIVE OF THE ACT

The Act has been enacted primarily with the object: 1: to consolidate and amend the law relating to employs in factories, 2:protecting in factories workers employed against industrial and occupational hazards. 3: to ensure health and safety conditions in factories. 4: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.

IMPORTANT DEFINATION
ADOLESCENT:
means a person who has completed his fifteen tears of age but has not completed seventeen years

ADULT:
means a person who has not completed his fifteen years of age. a child who has not completed the age of fourteen would be not eligible to work in a factory

DAY:
day mean a period of 24 hours beginning at mid night.

 WORK:
means a period of seven days beginning at mid night on Saturday
night.

FACTORY:
Factory means any premises including the precints thereof (a) whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve 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 (b) whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve 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.

 MANUFACTURING PROCESS:
1.Making altering repairing ornamenting finishing or packing or otherwise treating any article or substance with a view to its use sale transport delivery or disposal. 2.pumping oil water or sewage 3.generating transforming or transmitting power

. Occupier:
occupier' of a factory means the person who has ultimate control over the affairs of the factory . an occupier must be 1.an owner 2.a lessee 3.even a mere license holder

 POWER: MACHINERY:
machinery" includes all plant whereby power is generated, transformed, transmitted or applied.

WORKER:
worker" means a person employed directly or through an agency whether for wages or not in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work whatsoever, incidental to or connected with the subject of the manufacturing process, but does not include any person solely employed in a clerical capacity in any room or place where no manufacturing process is being carried on

 RELAY AND SHIFT: where worker of the same kind is

carried out by two or more sets of worker working during different periods of day.

SEASONAL FACTORY:
which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or cotton jute pressing, the decortications of groundnuts, the manufacture of coffee indigo, loc, rubber, sugar (including gur) or tea or any of the aforesaid processes, is a seasonal factory

INSPECTING STAFF
1. To any area where there are more Inspectors than one, the Provincial Government may by notification as aforesaid declare the powers which such Inspectors shall respectively exercise, and the Inspectors to whom the prescribed notices are to be sent. No person shall be appointed continue to hold office as Inspector who is or becomes interested in a factory or in any process or business ,or in any patent or machinery The Provincial Government may appoint Inspector and assign to them local limit The Provincial Government may also appoint Chief Inspector or additional inspector. Every district magistrate shall be an inspector of his district.

2.

3.

4. 5.

Powers of Inspector.
1. enter with such assistants which is or which he believes to be, a factory. make such examination of the premises and plant and of any prescribed registers as is necessary.

2.

3.

Take evidence on the spot of such person as may be deemed necessary

Enter any place capable of being declared to be a factory. Exercise power other than the above necessary for the performance of his official duties

4. 5.

 CHIEF INSPECTOR: the provisional government may appont any person as a chief inspector. CERTIFYIGN SURGEONS
The Provincial Government may appoint such registered medical practitioners as it thinks fit to be certifying surgeons for the purposes of this Act within such local limits as it may assign to them respectively. A certifying surgeon may authorize any registered medical practitioner to exercise any of his powers under this Act: Provided that a certificate of fitness for employment granted by such authorized practitioner shall be valid for a period of three months only, unless it is confirmed by the certifying surgeon himself after examination of the person concerned. Explanation. - In this section a "registered medical practitioner" means any person registered under any Act of the Central Legislature or any Provincial Legislature providing for the maintenance of a register of medical practitioners, and includes, in any area where no such register is maintained, any person declared by the Provincial Government by notification in the Official Gazette, to be a registered medical practitioner for the purposes of this section.

HEALTH
1- Cleanliness : section 13 provides that the employers is requires to keep the factory premises neat and clean. 2- Disposal of wastes and effluents: section 14 makes it binding for employer to take proper effective measure
Disposal of wastes and effluents.

3 - Ventilation and temperature: section 15 requires that in every room in which manufacturing process is carried on proper arrangement should be made by providing adequate ventilation and temperature of room at such a degree that it should no effect health. 4 - Dust and fume: section 16 in every room where due to manufacturing process Dust and fume, proper measure must be adopted to provide safety health to employees.

5- Artificial humidification :section 17 where the

manufacturing process create so much heat the it consumes all the moisture present in the atmosphere proper and effective arrangement must be made to save human skin from cracking. 6 Overcrowding: section 18,factories no workroom should be overcrowded to an extend injuries to the health of the workmen working therein. 7 Lighting: every part of the factory where workers are working must be provided sufficient and suitable lighting.

SAFETY PROVISION
Precautions in case of fire:

1.

Every factory shall be provided with such means of escape in case of fire as may be prescribed. DOOR:
In every factory the doors shall not be locked or fastened so that they can be easily and immediately opened from inside. IN CASE OF FIRE: In every factory every window, door or other exit affording means of escape in case of fire, other than means of exit in ordinary use, shall be distinctively marked in a language understood by the majority of the workers and in red letters of adequate size or by some other effective and clearly understood sign

2.

3.

AUDIBLE WARNING:

clearly audible means of giving warning in case of fire to every

person employed therein. 4. FREE PASSAGE: A free passage-way fire shall be maintained for the use of all workers in every room of the factory. FENCING OF MACHINARY: all machinery should be fenced so as to ensure safety of the workers. MACHINARY INMOTION: while machinery in motion, examination should be carried out only by trained male adult.

Employment of young persons on dangerous machines:

No child or adolescent shall work at any machine 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 thorough knowledge and experience of the machine. (2) This section shall apply to such machines as may be notified by the Provincial Government to be of such a dangerous character that children or adolescents ought not to work at them unless the foregoing requirements are complied with.

Self-acting machines : in any factory traversing part of a self-acting machine in any factory and no material carried should not be allowed to run within a distance of eighteen inches from any fixed structure which is not part of the machine. Casing of new machinery: In all machinery driven by power and installed in any factory mechanical power.

cranes and all other lifting machinery

cranes and all other lifting machinery must be a good constructed and be properly maintained

- A. Hoists and lifts every hoist and lift shall be (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained. - Excessive weights:

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 Provincial 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 carrying on any specified process.

Holiday with Pay

Annual holidays. -

(1) Every worker who has completed a period of twelve months continuous service in a factory shall be allowed, during the subsequent period of twelve months holidays for a period of fourteen consecutive days, inclusive of the day or days, if any, on which he is entitled to a holiday under sub-section (1) of section 35. (2) If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him under sub-section (1), any holidays not taken by him shall be added to the holidays to be allowed to him under sub-section (1) in the succeeding period of twelve months, so however that the total number of holidays which may be carried forward to a succeeding period shall not exceed fourteen. (3) If a worker entitled to holidays under sub-section (1) is discharged by his employer before he has been allowed the holidays, or if, having applied for and having been refused the holidays, he quits his employment before he has been allowed the holidays, the employer shall pay him the amount payable under section 49-C in respect of the holidays.

Explanation. - A worker shall be deemed to have completed a period of twelve months continuous service in a factory notwithstanding any interruption in service during those twelve months brought about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for all three, or by a lock-out, or by a strike which is not an illegal strike, or by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorised leave shall be deemed not to include any weekly holiday allowed under section 35 which occurs at beginning or end of an interruption brought about by the leave.

-Pay during annual holiday. Without prejudice to the conditions governing the day or days, if any, on which the worker is entitled to a holiday under sub-section (1) of section 35, the worker shall, for the remaining days of the holidays allowed to him under section 49-B, be paid at a rate equivalent to the daily average of his wages as defined in the Payment of Wages Act, 1936 (IV of 1936), for the days on which he actually worked during the preceding three months, exclusive of any earning in respect of overtime. -Payment when to be made. A worker who has been allowed holidays under section 49-B shall, before his holidays begin, be paid half the total pay due for the period of holidays. Power of Inspector to act for worker. - Any Inspector may institute proceedings on behalf of any worker to recover any sum required to be paid under this Chapter by an employer which the employer has not paid. -Power to make rules. The Provincial Government may make rules to carry into effect the provisions of this Chapter.

-Exemption of factories from the provisions of this Chapter. Where the Provincial Government is satisfied that the leave rules applicable to workers in a factory provide benefits substantially similar to those for which this Chapter makes provision, it may, by written order exempt the factory from the provisions of this Chapter. -Casual leave and sick leave. (1) Every worker shall be entitled to casual leave with full pay for ten days in a year. (2) Every worker shall be entitled to sixteen days sick leave on half average pay in a year.

WORKING HOURS FOR ADULTS

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Weekly hours Weekly holidays Compensatory holidays Daily hours Intervals for rest Spread over Night shifts Prohibition of overlapping shifts Extra wages for overtime Restriction on double employment Notice of periods of work for adults Register of adult workers Hours of work to correspond with notice under section 61 and register under section 62. 14. Power to make exempting rules 15. Power to make exempting orders 16. Further restrictions on employment of women

CHILD WORKER
FITNESS CERTIFICTES: a child ,inspired of attaining the requires age, cannot be allowed to work in a factory without obtaining a fitness certificate surgeon. Register of child worker Where children are employed in a factory the manager of that factory shall maintain a register of child workers showing the name age of each child nature of this work group in which he is included and the number of his certificate of fitness. Section 54 has laid down that a child worker shall not be allowed to work in a factory for more than 5 hours on any day. the span of time during which the child workers or adolescent can be allowed to work in a factory is from 6AM to 7 PM this mean that such workers cannot be allowed to work in a factory in night shifts. There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub section 2 of the section 76 a notice of periods for work for children showing clearly the periods within which children may be required to work.

 Child workers and adolescent workers are not allowed to perform double duty they are not allowed to work in a factory for pressing cotton in a place where a cotton in a place where opener is at work, they cannot be allowed to oil or clean the machines while they are in motion they are also restricted to work on dangerous machines. No child should be allowed to work other than in accordance with the notice of periods for work for children displayed under sub section 1 if section 55 and the entries made beforehand against his name in the register of child workers maintained under section 1 56.

Women workers All the rules of law relating to adult workers are equally applicable to both male and female workers. there r however, certain rules which relate to women workers only, such rules are Machinery in motion A women is not allowed to clean, lubricate, or adjust any part of machinery while in motion, or work between moving parts, Cotton opener & presser A women is not to be employed in any part of factory for pressing cotton in which a cotton openor is at work, if however feed-end and delivery-end of the cotton opener are located on different sides Room for children Where more 60 women workers are ordinary emplyed there shall be provide a suitable room for use of children under 6 yrs of age. Working hours a women is not to be allowed to work for not more than 9 hours a day. Dangerous operations A women is prohibited to be employed in a an operations declared as dangerous by provincal governmnety