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A Brief on Factory Act -
1948
More beneficial for
1- Internal Auditor
2- CS (Executive student)
ByCA Anshul Singhal
Objective and Scope
Regulating
Labour Factories
Areas cover
India J& K Also
Objective
Ensure safety measure
Promote health and welfare of
factory worker
Applicability of factory Act
Factory Building
Precincts (A area
enclosed by walls)
Factory
If use power:10 or more worker
during any day.
If not use power:20 or more worker
during any day.
• Mines• Unit of armed
forces• Railway running
shed• Eating places like
restaurants.Excludes
• Length of railway line
• Conversion of sea water into salt
• Seasonal factory like sugarcane.
Includes
Who is worker ?
Pre conditionEmployer can control the work
as well as manner in which work to be done
Employee through some
agency
Are employee if there is contract
Independent directors or partner are not worker.
He should be work for
manufacturing but includes
People working in canteen
Munim in a factory
Remuneration not necessary,
includes
Apprentice
Honorary worker
Piece rate worker.
Charitable worker.
Working Hours Year • 365 days
240 days • 1 leave allow for every 20 days/ 15 days (if child)
10 days • Compulsory 1 day leave
7 days • Minimum 1 day leave
48 Hrs • Maximum working hrs in a week
9 Hrs • Maximum W. Hrs for a day, after it O.T.
5 Hrs• Continuous working hours a time, after
that minimum half hr break needed.
Officer for factories Act
CG State Govt.
If > 1000 workerSafety Officer
If > 500 workerWelfare officer & Ambulance
If > 250 workerCanteen Facility
For every 150 worker, First aid required.
Rest room & lunch room
For every 30 woman workerRoom for child below six month
NOTICES
Inspector under
factories Act
(District Magistrate)
Occupier (director if Company)
Manager Appoints
Use of premises as a factory
Within 7 days
Before 15 days, in case of resumption of seasonal factory – 30 days
Application for extension
Including state Govt
for extensionCase 1: Approval not granted, deemed granted after 3 months
Case 2: application rejected, can file appeal within 30 days
AGE UNDER FACTORIES ACT
18 Yrs15 Yrs14 Yrs
Between 15 to 18 called
Adolescent
Adult
Child
Not allow to work before
14 YrsPenalty Rs.
1,000/-
Needs to provide certificate of fitness
(valid for 12 M)By certifying surgeon
Max W. hrs 4.5 Hrs(if provided wrong penalty Rs 1000 +
2Month)
Maintenance of factory
Washing of floor
Once in week
Colour wash
In every 14 months
All wooden shall be paint
In every 5 Yrs.
Drinking water
Within 6 meter of washing
place, urinals
Hoists & Lifts should be examined
Once in 6 month
Lifting machines,
chains should be examined
Once in 12 month
Minimum requirement to
follow
Maximum voltage of portable
electronic device inside chamber,
pipe, flue etc
24 Volts
Site Appraisal Committees
Chairman
Chief inspector of state
Who can not be member
MCA member
Member
1- Department of environment
2- Metrological department
3- Town planning department
Responsible for
Hazardous substance
Make recommendation
to state
Within 90 days
Occupier needs to intimate for
hazardous
Within 30 days
Inquiry Committee
• Advisory in nature
• One chairman and two member
• Central Government
Power to appoint Inquiry
CommitteeConstitution
Nature of recommendation
THANKING YOU
CA Anshul Singhal(BCOM, MBA, MIMA, ACA, DISA)
D-18, 1st floor, ShakarpurDelhi -92
