FACTORIES ACT, 1948.

THE FACTORIES ACT, 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. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers.

THE FACTORIES ACT, 1948.

Definition of a Factory:Factory is defined in Section 2(m) of the Act. It means any premises including the precincts thereofi. Whereon ten or more workers are working, or were working 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

ii.

Whereon twenty or more workers are working, or were working 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;

But does not include a mine subject to the operation of the Mines Act,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 FACTORIES ACT, 1948.

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

OBJECTIVE OF THE ACT

The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. 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.

THE FACTORIES ACT, 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. In

1891 another factories Act was passed which extended to the factories employing 50
or more workers.

THE FACTORIES ACT, 1948.

DEFINITION OF A FACTORY:Factory is defined in Section 2(m) of the Act. It means any premises including the precincts thereofi. Whereon ten or more workers are working, or were working 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 ii. Whereon twenty or more workers are working, or were working 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; But does not include a mine subject to the operation of the Mines Act,1952 or a mobile unit belonging to the Armed

iii.

forces of the Union, a railway running shed or a hotel,

restaurant or eating place.

THE FACTORIES ACT, 1948.

Employers are required to follow stringent licensing and safety measures. Factory is defined as a place where manufacturing process is carried out using 10 workers using electrical power or 20 workers without power.

Manufacturing process also includes petrol pumps, retail workshops, handicraft

industries etc. Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added making disclosures mandatory for hazardous processes. The working hours, leave , weekly days off and wages are similar to Shop and Establishment Acts- this is discussed later herein. Under the Act the occupier is responsible for all compliances and in the case of an

incorporated company the Director on the board of the company must be designated for
the purpose of an occupier. Failing which all directors could become liable.

THE FACTORIES ACT, 1948.

HIGHLIGHTS:
The Factories Act, 1948 came into force on the 1st day of April,1949 and

extends 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 Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. 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 conducive to their health and safety.

THE FACTORIES ACT, 1948.

THE FOLLOWING HAVE HELD TO BE A FACTORY:i. ii. iii. Salt works A shed for ginning and pressing of cotton A Bidi making shed

iv.
v. vi.

A Railway Workshop
Composing work for Letter Press Printing Saw Mills

vii. Place for preparation of foodstuff and other eatables

THE FACTORIES ACT, 1948.

Regarded as one of the Noblel and a Comprehensive Labour Legislation
which is inforce in our country. Covers all the aspects relating to workers employed in factories.

Secures

Safety
Health Welfare

Regulates Ensures Provides

Working Hours Annual leaves with wages Additional protection from hazardous processes , Additional protection to women workmen, Prohibition of employment of children.

THE FACTORIES ACT, 1948.

HIGHLIGHTS:
The Factories Act, 1948 came into force on the 1st day of April,1949 and extends 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 Act
has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. 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 conducive to their health and safety.

THE FACTORIES ACT, 1948.

OBJECTIVES:
To secure safety of the persons;
To secure health of the persons from hazardous occupation/processes; To ensure protection from hazardous equipment;

To ensure sound working environment;

To ensure welfare of the persons; To protect the environment;

Main points
Health Safety Welfare Working Hours Of Adults Annual Leave With wages

THE FACTORIES ACT, 1948.

EMPLOYER TO ENSURE HEALTH OF WORKERS PERTAINING TO:

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

THE FACTORIES ACT, 1948.

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

THE FACTORIES ACT, 1948.

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

THE FACTORIES ACT, 1948.

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 1+3 hour - 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

THE FACTORIES ACT, 1948.

ANNUAL LEAVE WITH WAGES

A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days. In case of female worker maternity leave for any number of days not

exceeding 12 weeks

THE FACTORIES ACT, 1948.

Some of the crucial Sections:

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

THE FACTORIES ACT, 1948.

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

THE FACTORIES ACT, 1948.

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.- Sec 27 Hoists and lifts.- Sec 28.

THE FACTORIES ACT, 1948.

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

THE FACTORIES ACT, 1948.

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

THE FACTORIES ACT, 1948.

Annual Leave with Wages

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

THE FACTORIES ACT, 1948.

Sec.92 to 106 OFFENCE For contravention of the Provisions of the Act or Rules On Continuation of contravention On contravention of Chapter IV pertaining to safety or dangerous operations. Subsequent contravention of some provisions Obstructing Inspectors PENALTIES Imprisonment upto 2 years or fine upto Rs.1,00,000 or both Rs.1000 per day Not less than Rs.25000 in case of death. Not less than Rs.5000 in case of serious injuries. upto 3 years or fine Imprisonment not less than Rs.10, 000 which may extend to Rs.2, 00,000. Imprisonment upto 6 months or fine upto Rs.10, 000 or both. Imprisonment upto 6 months or fine upto Rs.10, 000 or both. 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.

Wrongful disclosing result pertaining to results of analysis. 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.