Definition of Factory and Procedure for Establishing a Factory

7/31/2019 Definition of Factory and Procedure for Establishing a Factory

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Definition of Factory and procedure for Establishing a Factory

Sec 2 (M) defines factory as any premises including the

precincts thereof.1.Where 10 or more workers are working or were working in

any day in the preceding 12 months with the

manufacturing process being carried on with the aid of

power.

2.Where 20 or more workers are working or were working inany day in the preceding 12 months with themanufacturing process being carried on with the aid of

power.

The term factory does not include mines because mines

are covered under Indian Mines Act. Similarly mobile unit of

armed forces, railway running shed or hotel, restaurant etc...

Are not factory.

The manufacturing processing may be carried on at two

different sites.

The following establishment has been held to be factories.

1.Railway workshops2.Salt works even on open structure of land.3.The premises employed seven permanent workmen in the

manufacturing process using power.


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4.Establishments which prepare food items, drinking itemsetc

The following establishments have not been held to be

factories:

1.Railway running sheds.2.Exhibition or Cinema theaters.3.Contraction Works.The state government may be official notification declare any

establishment as factory even when the number of workmen

is less than the prescribed minimum under the act.

1.Meaning of Manufacturing Process:a)Manufacturing process means any process of making

altering, repairing, ornamenting packing, roiling, washing,

cleaning breaking up any article or substance with theview to its use, sale, transport, delivery or disposal.

b)Pumping oil, water and sewerage.c)Generating, transforming power.d)Composing types of printing, printing by letters

presslethography, photography or other process of book

binding.e)Construction, reconstructing, repairing or breaking up

ships or vessels.

f)Preserving or storing any article in cold storage.


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Leading case laws have held the following process as

manufacturing process

a)Beedi makingb)Use of electric motor for the purpose of lifting water.c)Work of composing in printing business.d)Spinning and pressing cottons.e)Use of refrigerators treating any article with a view for

sale.

f)Conversion of raw films into finished film products.g)Preparation of food stuffs and other eatables in the

kitchen or restaurants.

h)roProcess of moisturing, stripping and packing of tobacco.In deciding whether a particular business is a manufacturing

process or not the circumstances and nature of each case

must be considered. But in all manufacturing process theremust be some transformation to make an article

commercially know as another.

2.Meaning of worker:A worker is a person employed directly or through an

agency in any manufacturing process or any other kind of

work incidental to or connected with the manufacturing

process. It does not include any member of the armed

forces of the union. The worker may be employed for

wages or not, but there must be some line between the


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worker and the manufacturing process. The relationship

between the worker and the employer is master and

servant. The following persons have been held to be

workers:

a)Persons employed in a kitchen preparing food items.b)Persons selling the manufactured article in a factory.c)Watchman of a factory.d)Apprentices and trainees.e)An artist employed for remuneration.f)Persons employed in the manufacturing of match sticks.g)Persons employed in the manufacturing of cigarettes or

beedies.

The following persons have been held not to be workers:

1)Partners working in their business.2)Students in a technical instate3)Selling agents not connected with the manufacturing

process

4)Independent contractor or his servants or his cooliesunder the complete control of the contractor.

3.Meaning of power:Power means electrical energy or any other form of energy

which is mechanically transmitted and not by human or

animal agency.


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C) REGISTRATION OF FACTORIES:

The state gov is empowered to make rules for licensing

and registration of factories under Sec 6 of the Factories

Act

Before a site is used for a factory, the employer must get

the previous permission in writing from the state gov or

form the chief inspector. The following procedure must be

complied with, before obtaining permission from the state

gov or chief inspectors.

D) OCCUPIER:

An occupier of a factory is a person who has the ultimate

control over the affairs of a factory. In the case

The chief inspector additional inspector, deputy chief

inspector and every other offer is deemed to be a public

servant.

POWERS OF INSPECTORS (SEC 9)

1.He and his assistants may enter any factory.2.He can examine any premises, plant, machinery etc...3.He can make inquiry as is necessary4.If may require production of register or document

relating to the factor.


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5.He may seize or take copies of any register or documentnecessary for such inquiry.

6.For the purpose of examination, he may direct theoccupier of the premises to leave anything undisturbed.

7.For examination of the premise, he may takemeasurement and photographs.

8.Any article dangerous to the health of workers shall beordered to be dismantled.

9.Any other necessary power may be exercised. Theinspector may give technical advice in the course of

discharge of his duties.

CERTIFYING SURGEONS (SEC 10)

Qualified medical practitioners are appointed as certifying

surgeons by the state gov for specific limits. A certifying

surgeon may authorized any medical practitioner toexercise his powers with the approval of the state Gov. the

occupier of a factory or a person directly or indirectly

interested in a factory should not be appointed as

certifying surgeon.

The following are the duties of certifying surgeons:

a)The examinations and certification of young personunder the factories act.

b)The examination of person engaged in factories indangerous occupations.


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c)Medical supervision for any factory may be prescribesunder the following circumstances:

1)If illness have occurred which is believed to be due tothe nature of manufacturing process

2)If injury to the health of the workers is likely due toany change in the manufacturing process or in the

substances used in it.

3)If young persons are employed in any work like tocause injury to their health.

HEALTH

Sections 11 to 20 of the act deal with the provisions

ensuring the health of the workers in the conditions under

which work is carried on in the factories.

1.Cleanliness : (SEC 11)a)Every factory should be kept clean and free from dust

arising from any drain, privy or other nuisance.

Accumulation of dirt and refuse should be removed

daily by some effective method. The floor of every work


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room should be cleaned at least once in every week by

washing by some effective method

b)If a floor is liable to become wet in the course of anymanufacturing process, effective means of drainage

must be provided.

c)Use of dis-infect ants, drainage, re paining, varnishingetc. should be restored to. In any other case, they

should be kept white washed or color washed at least

once in ever period of 14 months. The dates of this

process should be entered in the prescribed register.

2.Disposal of waste and affluent ( Sec 12)a)Effective arrangements must be made in ever factory for

the disposal of wastes and affluent due to the

manufacturing process carried on therein.

b)The state gov may make rules prescribing the arrangementto be made in this regard.

3.Ventilation and temperature (Sec 13)a)Effective and suitable provision should be made in every

factory for securing and maintaining in every workroom.

1)Adequate ventilation by the circulation of fresh airand

2)Such a temperature to secure to worker hereinseasonable comfort and prevent injury to health.


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b), The walls and roofs must be of such material and sodesigned that the temperature shall be kept low as

possible.

c)The state gov may prescribe a standard of adequateventilation and reasonable temperature in any factory and

direct that a thermometer shall be provided and

maintained in such place and position as may be specified.

d)Excessively high temperature can be reduced by whitewashing, spraying and insulating and screening outside

wall, roofs or window.

4.Dust and Fume (Sec 14)a)If in a manufacturing process in a factory dust or impurity

or natural gas likely to be injurious or offensive to the

workers is given off, effective measures must be taken in

the factory for prevention or inhalation or accumulation of

dust and fumes in work rooms.

b)A stationary internal combustion engine must not beoperated unless the exhaust is conducted into the open

air.

5.Artificial Humidification (Sec 15)a)In respect of all factories in which the humidity of the air is

artificially increased, the state gov may make rules

prescribing standards of humidification.

b)If any factory in which the humidity of the air is artificiallyincreased the water used for the purpose should be taken


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from a public supply or their service of drinking water or

shall be effectively purified before it is used.

6.Overcrowding (Sec 16)a)There must not be overcrowding in any room of the

factory so as to be injurious to the health of the

workers.

b)There must be at least 350 cubic feet for the factory inexistence at the time of the commencement of the act,

500 cubic feet for the factories built after the

commencement of the act of spaces for every worker.

c)The chief inspector may, be ordered in writing require anotice to be passed to be pasted in each work room of

the factory specifying the maximum number of workers

who may be employed in the room.

d)The chief inspector may, by order in writing exempt anywork room from the provision on sec 16, if he is

satisfied that compliance with the provisions of sec 16 is

unnecessary in the interest of the health of the workers

employed therein.

7.Lighting (Sec 17)a)In every part of the factory where workers are working

or passing, sufficient and suitable lighting, natural or

artificial or both shall be provided and maintained.


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b)All glazed windows and skylights used for the lighteningof the work room must be kept clean on both the inner

and outer surface and free from obstruction.

c)Effective provision shall also, as far as practicable bemade for the prevention of

1)Glare, either directly from the source of light or byreflection from a smooth surface.

2)The formation of shadow to such an extent as tocause eye strain or the risk of accident to any worker.

8.Drinking Water (sec 18)a)In every factory, effective arrangements shall be made

to provide and maintain at suitable points conveniently

situated for all the workers therein, a sufficient supply

of wholesome drinking water.

b)All such points shall be legibly marked, drinking water ina language understood by a majority of workers

employed in the factory. Such a point should not be

situated within 6 meters from any washing place, urinal,

latrine spittoon or open drain or any other source of

contamination.

c)In every factory where more than 25 workers areordinarily employed provision shall be made for cooling

drinking water during hot weather by effective means

and for distribution thereof.


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d)The state gov may make rules for securing compliancewith the above provisions and for an examination by

prescribed authorities of the supply and distribution of

drinking water in factories.

9.Latrines and Urinals (Sec 19)a)In every factory separated enclosed accommodation of

latrines and urinals of prescribed types of male and

female workers must be provided. Such accommodation

shall be conveniently situated and accessible to workers

at all times. It shall be adequate lighted and ventilated

and maintained in a clean and sanitary condition.

Sweepers shall also be employed for keeping clean

latrines, urinals and wasting places.

b)In factories wherein more than 250 workers areordinarily employed:

1)All latrines and urinals accommodation shall be ofprescribed sanitary types.

2)The doors and internal walls upon 3 feet height, ofthe latrine and urinals shall be laid in glazed titles or

smooth polished surface.

3)The sanitary pans of latrines and urinals are washedand cleaned with suitable detergents, disinfectants

once in 7 days.


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4)The state gov may prescribe the number oflatrines/urinals to be provided in each factory and

regarding sanitation in factories.

10. Spittoons (Sec 20)a)In every factory there shall be provided a sufficient

number of spittoon at convenient places.

b)No person shall spit within the premises of a factoryexcept in the spittoons provided for the purpose.

c)Person who disobey the provisions shall be liable forfine not exceeding Rs.5/

SAFETY

(Sec 21-41)

(Most Important)

Questions:

1.State the provisions of factories act in respect of fencing ofmachinery. Who are responsible for such fencing?


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2.Briefly describe the provisions of factories act 1948relating to precautions in case of fire.

3.Summaries the provisions of the factories ace regardingthe safety of workers.

4.Short Notes on :a)Dangerous operation or machinery.b)Self-acting machineries.c)Precautions are care of fire.

It is obligatory on the part of every occupier of a factory to

provide safety measures necessary to secure the safety of the

workers in the factory. The factories act provides the guidelines

for the occupier. The following are the provisions dealing with

the safety of the workers.

1.Fencing of machinery (Sec 21)In every factory, dangerous part of any machinery must be

securely fenced while the parts of the machinery are in motion.

If it is not covered, it is an offence. Someone removing the

fence without the knowledge or consent of the manager is not

a valid defense. But if for some reasons, the fencing is breaks

down and due to this the machine remains unfenced for short

time, the manager is not liable. The burden of proof lies on the

manager to prove that he has carried out his duty of keeping

the guard in position while the machine is working, if he fails to

prove this, he liable for penalty. In Caruil Vs Androw Baruay &


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Sons Ltd, it was held that the duty of fencing extends to

shutting of the machinery so that it cannot fly out and strike

the workman if it breaks.

Dangerous part means any machinery or its part which may

cause reasonable danger during its working if it is without

protection.

The following are the provisions regarding precaution of

dangerous machinery:

1)If the machine caused injury to anyone acting reasonableunder normal circumstance (Walkers Vs Bletechley Fie

tans Ltd)

2)If it is unfenced and if danger can be expected in theordinary course of affairs by the alert, skilled workers then

such a machine is dangerous. The fencing of machinery

must be secure and safe, and should guard against

reasonable dangers (Mitchell Vs North British Rubber co

Ltd)

3)When the machinery is in motion, then the examination orcorrection of repairs must be only by specific trained adult

mail worker wearing tight fitting clothing. Women and

young children should not be allowed to clean any part of

the machinery in monition.


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4)Young persons should not employ to work at dangerousmachines unless they are fully instructed as to the dangers

involved in meeding with the machine. (Sec 23)

5)Suitable striking gears and other devices to cut of thepower and electricity emergency must be provided (Sec

24)

6)In the case of self-operating machines. (Self-actingmachines) there should be sufficient space i.e. distance 18

inches from any fixed structure or wall. (Sec 25)

7)All machines driven by power should be efficientlyguarded to prevent dangers (Sec 26)

8)For pressing cotton, women or children should not beemployed (Sec 27)

9)The hoists and lifts must be made of sound materials andshould be properly maintained. Sufficient precautions and

safeguard must be also provided (Sec 28)

10) In the case of lifting machines, chains and ropes,sufficient safeguards must be prescribed for the purpose

of raising and lowering person, goods or material (Sec 29)

11) The revolving machines must be fenced to avoiddangers. (Sec 30) a notice indicating the speed of the

machine shall be fixed near it.

12) If any manufacturing process takes places in amachine at a pressure the atmospheric pressure effective


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measures must be provided for sage working pressure (Sec

31)

13) The floor steps and stairs cases must be in a soundcondition. (Sec 32).

14) Hands rails and other safety measures must beprovided for stair cases, steps etc., safe means of access to

every place of the factory must be provided so that any

worker in danger can be saved (Sec 33)

15) The pits opening in fences or floor which by its natureof construction is dangerous should be securely fenced or

covered. (Sec 34)

16) Persons should be employed to lift, carry or move andloaded machineries which are likely to cause injuries.

17) If the manufacturing process in any factory involvesrisk of injuries to the eyes by exposure to excessive light

then protection to eyes must be provided in the form of

effective screen or suitable goggle. (Sec 35)

18) If the manufacturing process involves the emission ofexplosives, inflammable dust etc. such emission must be

prevented at the sources of production. In such a case the

worker must wear suitable breathing apparatus and a belt

securely attached to rope, and the free end must be held

by a person standing outside the confined space (Sec 37)

19) All means of escape from the factory must beprovided in case of explosion or fire (Sec 38)


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Inspectors powers regarding safety measures:

1)(Sec 40) If any part of the building, machinery or plant in afactory is in a dangerous condition, the inspector may

require the Occupier or Manager to:

a)Furnished the drawings and specifications which arenecessary to determine whether such buildings etc.

b)Conduct any test specified by him and inform the resultto the inspector.

2)If any part of a building, machinery or plant is in dangerousconditions, the inspector may specify the measures to be

adopted. Also if it involves imminent danger to human life,

he may prohibit its use until proper repair.

3)If any part of a building appears to be detriment to healthand safety of employees, the inspector may specify

measures to be carried out by the occupier or manager of

a factory (Sec 40A)

4)In a factory with more than 100 or more workers areemployed which involves risk of bodily injury etc., the

state gov may employ necessary number of safety officers.

The duties of such officers shall be prescribed by the state

Gov. (Sec 40 B)


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Welfare

(Sec 41-49)

Sec: 42 to 49 deal with the provisions for the welfare of the

workers. They are:

1.Washing facilities : (Sec 42)In every factory, adequate and suitable facilities should be

provided and maintained for the purpose of washing and

bathing by the workers therein, Separate and adequatelyscreened partition must be made for the use of male and

female workers. Such facilities must be conveniently

accessible and kept clean. The state gov may prescribe

standards of adequate and suitable facilities for washing.

2.Facilities for storing and drying clothes (Sec 44)The state gov may make rules requiring the factories toprovide suitable places for dying wet clothes. The places

must be free from risk of theft.

3.Facilities for Sitting (Sec 44)Where workers are obliged to work in a standing position,

suitable arrangements for sitting must be provided in

every factory. This is to help the workers to takeadvantage of any opportunity for rest which may occur in

the course of their work. The chief inspector may require

the occupier of the workers engaged in a particular


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manufacturing process. The state gov may also prescribe

rules in this regard.

4.First-aid Appliances (Sec 45)First-aid boxes or cupboards with the prescribed contents

must be provided and maintained in every factory. It must

be readily accessible during all working hours.

For every 150 workers there must be at least one such

box. Such box must contain the prescribed contents and

must be kept in charge of a responsible person trained in

the first-aid treatment. He must be readily available during

the working hours of a factory.

In every factory where in more than 500 workers are

employed an ambulance room with prescribed

equipments must be provided. It must be charge or

prescribed medical and nursing staff.

5.Canteens: (Sec 46)The state gov may make rules requiring any specified

factory employing more than 250 workers ordinarily, to

provide for a canteen and to be maintained by the state

gov may provide the date of opening the canteen, the

standards regarding construction, accommodation and

other equipments of the canteen, the food stuff to be

served on charges for the canteen and the representation

of workers in the management of the canteen. The chief


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inspector may also be authorized to make rules regarding

this.

Parimal Vs Chandra rana VS L.I.C (1995 SC)

It was that:

1)If under the provisions of the factory acct it is obligatoryfor the employer to provide and maintain canteen for

the use of the employees, then the canteen becomes

part of the industrial establishment and the canteen

workers are employees of the management.

2)The obligation to provide canteen is different fromobligation to provide facilities to run canteen, such

canteen, run under obligation to provide facilities to run

canteen does not become part of the establishment and

the employees of such canteen are not employees of

the management.

6.Shelter, Rest Rooms and Lunch Rooms (Sec 47)In every factory, ordinarily employing more than 150

workers, the employer must provide for shelter, rest

rooms and suitable lunch rooms. If a canteen is

maintained under the provisions as under sec 46, lunch

room may not be required to be provided. No worker shall

eat any other food in the work room when a lunch room

exists for eating meals etc. The shelters or rest room and

lunch room must be clean condition. The state gov may

prescribe the standards in respect of construction of


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accommodation, furniture and other equipments of

shelters rest room and lunch room. A factory may also

exempt from the above requirements by official

notification.

7.Creches: (Sec 48)In every factory ordinarily employing more than 50 women

workers a suitable room or rooms for the use of children

under the game of 6 yrs. of such women must be provided

and maintained. The rooms must provide for adequate

accommodation, light and ventilation must be maintained

in a clean and sanitary condition. It shall be under the

charge of woman trained in the case of children and

infants... the state gov may prescribe rules for the location

and standards in respect of construction accommodation,

furniture for the case of children to be provided.

Additional facilities for the case of children belonging to

women workers must be provided. It must facilitate the

workmen and free milk for the children and for feeding the

children by the mothers at suitable intervals.

8.Welfare Officers:Every factory ordinarily employing 500 or more workers

must enjoy such number of welfare officers a may be

prescribed for the factory. The state gov may prescribe the

duties qualifications and conditions of services of such


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officers. The state gov may exempt any factory from

compliance with any of the above provisions.

WORKING HOURS OF

ADULTS (Sec 55-65)

The following are the rules regulating the working hrs of the

adults workers of a factory under the provisions of factories

act.

1)An adult working cannot be required or allowed to work ina factory for more than 48 hrs in any week.

2)There should not be continuous working period exceeding5hrs of continuous work, a worker must be given half hr

interval or rest. The state gov or the chief inspector may

however after continuous working period up to 6hrs.

3)The total period of working hrs include interval for restshould not exceed ten and a hall hrs in any day. However,

with the permission of the chief inspector in writing it can

be increased to 12 hrs.

The period of work of an adult worker should be arranged

in such a manner that the hrs of working include the time

for rest does not exceed 10 hrs in any day. For valid


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reasons specified in writing this period may be exceeded

up to 12 hrs.

4) Any adult worker cannot be allowed to work in a factoryfor more than 9 hrs in any day. This limit may be exceeded

with the previous approval of chief inspector of factories.

5)In the case of night-shifts, for any change in the shifts themanagement should give the worker 24 consecutive hours

as weekly holiday.

6)The shift system must be so arranged that one relay ofworkers are alone engaged in work of the same kind at the

same time, i.e. there should not be multiple shifts but with

the permission of the state gov or chief inspector, multiple

shifts may be allowed.

7) If a worker works for more than 9hrs in any day or morethan 28 hrs in any week, then for the over time, he must

be given wagers at twice the ordinary rate of wages.

8)IfxZ workers are paid on piece rate basis, then the stategov will fix the time rate equivalent to the average rate of

wagers.

9)An adult worker cannot be required or allowed to work inany factory on any day, if he has already been working in

any other factory on the same day that is double

employment is probhited.

10) A notice of periods of work for adult worker must bedisplayed and properly maintained in ever factory. The


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notice must be in English in a language understood by the

majority of the workers in the factory. It must be displayed

conspicuously and in a convenient place. The writing must

be legible and the notice board must be clean. The

manager shall fix the periods of the working hrs of adult

workers. He must draw the scheme of shifts clearly. The

forms of notice must be in the prescribed manner as the

state gov notifies. Any change in the system of work must

be previously notified to the inspector.

11) The manager must also maintain the register of adultworker showing their names their nature of work, the

group in which each worker is included, shift numbered

and such other particulars as my be prescribed. The

inspector can inspect the register at all times during

working hours.

OVER TIME:

1.If a worker works in a factory for more than nice hrs in aday or more than forty eight hrs in any week, he shall be

entitled to wages at the rate of twice his ordinary rate of

wages.

2.Ordinary rate of wages means basic plus such allowancesincluding cash equivalent of sale of food grains and other

articles at concessional rate but does not include a bonus.


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3.If the worker are paid on piece rate basis, time rate shallbe fixed taking into account the daily

Average, their full time earnings of days on which they

actually worked during the preceding months. If he did not

work in the preceding months his average earnings during

the days in which he actually worked is taken into account.

4.The cash equivalent of the concessional sale of food grainsand other articles shall be calculated on the basis of the

maximum quantity of food grains and other articles

admissible to a standard quality. The standard family

means, the workers his or her spouse and two children.

5.The state gov may make rules prescribing the manner inwhich the cash equivalent shall be computed. Registers

should be also be maintained for securing compliance with

all the provisions regarding overtime wages.

EMPLOYEMNT OF YOUNG PERSONS AND

WOMEN (SEC 66-77)

Introduction: A young person means a person who is either a

child or an adolescent. A child means a person who has not

completed his 15th

yr. An adolescent means a person who has


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not completed his 8th

yr. A child who has not completed 14th

yr.

of age must not be allowed to work in any factory.

In Machintosh Vs First brook Box Company:

It was held that the employers must ascertain the age of the

children whom he allows to work in any factory and that he

should not depend upon the statement of the applicant.

Children who have completed the 14th

yr. of age or adolescent

person are allowed to work in the factory provided the

following conditions are satisfied:

1.Certificate of fitness.2.A token to be carried by the children or adolescent in

reference to such certificate.

It the child has completed this 15th

yr. the certificate of fitness

entitles him to work in a factory as an adult.

Certificate of Fitness: (Sec 69)

This certificate is granted to a young person by a surgeon after

physical examining him and ascertaining his fitness to work in a

factory.

The application for the examination may be made by the young

person himself or by his guardian. The application must be

accompanied by documents signed by the manager of the

factory. The surgeon before issuing the certificate must have


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personal knowledge of the work. Otherwise he must examine

the place of work and the manufacturing process. A certificate

of fitness is valid for 12 months from the date of issue but it can

be renewed. It can be revoked at any time by the certifying

surgeon if the holder is no longer fit to work. He may refuse to

renew a certificate if he thinks fir but he must give his reasons

in writing for doing so, fees for the certificate are payable by

the occupier. It cannot be recovered from the young persons,

his parents or guardian.

Effect of certificate of fitness (Sec 70)

An adolescent carrying a certificate of fitness to work in a

factory shall be deemed to be an adult for the purpose of

working hours, annual wages etc. but it the adolescent has not

attained the age of 17 yrs., he cant be employed to work

during night (10 pm to 7 am)

Working hrs for children (Sec 71)

A child should not be employed or permitted to work in any

factory.

1)For more than 4 1/2 hrs in any day.2)During night time.3)For more than 2 shifts and such shifts should not overlap

or spread over 5 hrs each.


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4)The shift should not be changed more than once in aperiod of 30 days with the previous permission in writing

to the chief inspector.

5)The provisions for weekly holidays apply to child workersalso.

6)No child should be allowed to work in any factory on thesame day wherein he had already been working in another

factory.

7)A notice of periods of work for children must be displayedand correctly maintained (Sec 72)

8)It must show clearly for ever day the period of working hrsfor the children. The working hrs must be fixed previously

as in the case of adult workers.

Register of child workers (Sec 73)

The manager of every factory employing child workers mustmaintain a register for them. It must show:

1)The name for each child worker in the factory.2)The nature of his work.3)The group in which he is included.4)If the group is in shift, the relay to which he is allotted.5)The number of his certificate of fitness.6)The time period during working hours.

The state gov may prescribe the form of register of child

workers, the manner in which it shall be maintained etc. The


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hours of work display in the notice must correspond with the

entries in the register of child worker.

Safety Provisions:

1)Young persons should not be allowed to clean, lubricate oradjust any part of machinery in motion, exposing the

young person to risk of injury.

2)A young person should not be allowed to work at anydangerous machine, unless:

a)He has received full instructions as to the danger arisingin connection with the machine and precautions to be

observed.

b)He has received sufficient training in work at themachine.

c)He is under adequate supervisions by a person having athorough knowledge and experience of the machine.

3)No child should be employed in any party of a factory forpressing cotton in open air.

4)No young person shall be employed on any operationcarried on in a factory which exposes young persons to

serious risks of bodily injury or poisioning or other

diseases.

Medical Examination of child at work (Sec 75)

If the inspector is of that the person working in a factory is a

young person without certificate of fitness or with a certificate


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of fitness but no longer fit or work in the capacity stated in the

certificate, he may direct the manager of the factory to have

the person medically examined by the certifying surgeon. The

young persons should not work until he has been examined and

granted certificates of fitness.

The state gov may make rules prescribing the forms of

certificate of fitness to be granted to young persons and the

procedure for their issue. It may also prescribe the physical

standards to be attained by the children and adolescents, the

procedure regulating the issue of certificate by surgeon, etc.

The employment of children act 1988 is also a protection of the

interests of the child workers.

Special provisions to female workers:

Generally all the provisions of the factories act applicable to

adult male workers are also applicable to adult female workers.

However, the following provisions apply only to adult females:

a)Women workers must not be allowed to clean lubricate ofadjust any part of the machinery in motion involving any

risk of injury.

b)Woman workers are prohibited from the work of pressingcotton in open air.

c)A woman worker should not be required or allowed towork for more than 28 hours in any week or 9 hours in any

day.


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d)A woman worker must be employed to work only betweenthe hours of 6am to 7pm. However, the state gov by

notification in the official gazette may exempt any class or

description of factories form the operation of the rule. But

there should not be employed of women between 10pm

and 5am.

e)No woman worker must be employed in dangerous,operations involving serious risk of bodily injuries

poisoning or diseases.

Documents

Definition of Factory and Procedure for Establishing a Factory