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TANUSHREE RAY 10/MBA/11

SIDDHARTH TIWARI 10/MBA/13

MOUMITA JOARDAR 10/MBA/22

DIPANWITA PATRA 10/MBA/32

JAISHRI YADAV 10/MBA/34

PRAYAG YADAV 10/MBA/44

BABITA KUMARI 10/MBA/45

RICHA KUMARI 10/MBA/50

GROUP 1

PRESENTED BY :

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HISTORICAL BACKGROUND.

To trace the history of Factories Act in India ,

we should go back to the last decade of the

19th century when-

Advent of electricity boosted industrialization

Factories were working day & night

Exploitation of labour was at its peak

Women & children had to work from sunrise

to sunset without break

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THE CHRONOLOGY

Indian Factories Act 1881.

Factories Amendment act 1891.

Enactment of new Factories act 1911. Factories Amendment act 1922.

Factories Act 1934.

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FACTORIES ACT 1948

The Factories Act,1948 came into the force on

the 1st day of april,1949 and extends to the

whole of India.

The Factories Act,1948 was amended in 1949

,1950, 1954, 1956,1976 and 1989.

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OBJECTIVES OF THE ACT

It is a comprehensive piece of legislation covering all aspects

relating to factories , including :

1. Secures

Safety

Health

Welfare

2. Regulates Working hours

3. Ensures Annual leaves with wages4. Provides Additional protection to women workmen.

Prohibition of employment of children

Additional protection from hazardous processes.

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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 thereof-

i. 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.

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Definitions

"manufacturing process" means any process for-(i) making, altering, repairing, ornamenting, finishing, packing, oiling,

washing, cleaning, breaking up, demolishing, or otherwise treating or

adapting any article or substance with a view to its use, sale, transport,

delivery or disposal; or(ii) pumping oil, water, sewage or any other substance; or(iii) generating, transforming or transmitting power; or(iv) composing types for printing, printing by letter press, lithography,

photogravure or other similar process or book binding

(v) constructing, reconstructing, repairing, refitting, finishing or breakingup ships or vessels;

(vi) preserving or storing any article in cold storage;

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Definitions

"worker" means a person employed, directly or by or through any agency

(including a contractor)

with or without the knowledge of the principal employer,

whether for remuneration 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 incidental to, or connected with, the

manufacturing process, or

but does not include any member of the armed forces of the Union

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Definitions

"occupier" of a factory means

the person who has ultimate control over the affairs of the factory

in the case of a firm or other association of individuals, any one of the

individual partners or members thereof shall be deemed to be the occupier;

in the case of a company, any one of the directors shall be deemed to bethe occupier;

in the case of a factory owned or controlled by the Central Government or

any State Government, or any local authority, the person appointed to

manage the affairs of the factory Government shall be deemed to be the

occupier

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Power to declare different departments to be separate

factories or two or more factories to be a single factory

The State Government may, on its own or on an application made by an

occupier,

direct that different departments or branches of a factory shall be treated

as separate factories or two or more factories shall be treated as a single

factory

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Power to exempt during public emergency

In case of public emergency the State

Government may,

exempt any factory from all or any of the

provisions of this Act

for such period and subject to such

conditions as it may think fit

No such notification shall be made for a

period exceeding three months at a time.

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Approval, licensing and registration of factories

Making application to the government

If on an application for permission accompanied by the plans and

specifications required by the rules

sent to the State Government or Chief Inspectors by registered post,

And no order is communicated to the applicant

within three months from the date on which it is so sent,

the permission shall be deemed to have been granted.

If the application is rejected appeal can be made to the government within

thirty days of the date of such rejection.

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Notice by occupier

(1) The occupier shall, at least fifteen days before he begins to occupy or

use any premises as a factory, send a notice to the Chief Inspector

containing- (a) The name and situation of the factory; (b) the name and address of the occupier;

(bb) the name and address of the owner of the premises

(c) the address to which communications relating to the factory may be

sent;(d) the nature of the manufacturing process

(e) the total rated horse power installed or to be installed in the factory

(f) the name of the manager of the factory for the purposes of this Act(g) the number of workers likely to be employed in the factory(i) such other particulars as may be prescribed.

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Inspectors of Factory

State government may appoint Chief Inspector

Additional Chief Inspectors, Joint Chief Inspectors

and Deputy Chief Inspectors and Inspectors of factory

Prescribe their duties and qualificationsEvery District Magistrate shall be an Inspector for his

district

Every inspector is deemed to be a public servantwithin the meaning of the Indian Penal Code

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Powers of Inspectors

Enter factory premises for investigation

Examine the premises

inquire into any accident or dangerous occurrence

require the production of any prescribed register or

documentseize, or take copies of, any register, record or other

document

take measurements and photographs and make such

recordingsexercise such other powers as may be prescribed

no person shall be compelled under this section to answer

any question or give any evidence tending to incriminate himself

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Certifying surgeons

State Government may appoint qualified medical practitioners to be

certifying surgeons

Duties of surgeons

a) the examination and certification of young persons under this Act;

(b) the examination of persons engaged in factories in such dangerousoccupations or processesC) supervising the factories where (i) cases of illness have occurred which are due to the nature of the

manufacturing process or

(ii) due to manufacturing process there is a likelihood of injury to thehealth of workers or

(iii) young persons are employed in any work which is likely to cause injury

to their health.

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HEALTHCHAPTER III

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Cleanliness:1)Every factory shall be kept clean and free from effluvial arising from anydrain, privy etc.

It consists of daily removal of accumulated dirt and fumes, cleanliness

of floor of every workman, effective drainage facility in case of floors to bekept wet, the provisions for painted or varnished inside walls, partitions,ceilings or top of rooms , sides and tops of passages and staircases.

2) If, in view of the nature of the operations carried on, it is not possible forthe occupier to comply with all or any of the provisions of sub-section(1),the State Government may by order exempt such factory or class or

description of factories from any of the provisions of that sub-section andspecify alternative methods for keeping the factory in a clean state.

Disposal of wastes and effluents:

1) Effective arrangements shall be made in every factory for the treatment of

wastes and effluents due to manufacturing process carried on therein, so as torender them innocuous, and for their disposal.

2) The State Government may make rules prescribing the arrangements to bemade under subsection(1) or requiring that the arrangements made inaccordance with sub-section(1) shall be approved by such authority and beprescribed.

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Ventilation and temperature:1)The effect of suitable provisions shall be made in every factory for securingand maintaining every workman-

it includes adequate ventilation by the circulation of fresh air, and temperature

as will secure to workers therein reasonable conditions of comfort and preventinjury to health.

2) The State government may prescribe a standard of adequate ventilationreasonable for any factory or class or description of factories.

Dust and fume:1) In every factory where by the reason of manufacturing process, dust or fume

or other impurities of such nature and such extent is likely to be injuries oroffensive to the employees employed , effective measures should be taken toprevent the inhalation and accumulation in any workroom. If any exhaustappliance is necessary shall be applied near to the origin of dust, fume or otherimpurity .

2) No stationary combustion engine shall be operated unless the exhaust isconducted into open air. No other internal combustion engine shall beoperated in any room unless effective measures have been taken to preventsuch accumulation of fumes therefore as likely to be injurious to workersemployed in the room.

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Artificial humidification:

In factories where artificial humidification is adopted from the point of view of

manufacturing a product (e.g., in a textile mill), the norms prescribed by the

Government must be strictly followed for increasing or decreasing or maintainingsuch artificial humidification, Humidifiers for keeping air moisture at even level

shall be provided. Water used in these plants must constantly be changed and it

must be pure. Otherwise it will give room for water borne diseases among

workers.

Overcrowding:

Every worker requires at least 350 cubic feet (now after the commencement of

the Act, 500 cubic feet) for the purpose of enabling him to work with ease andcomfort ensuring mobility. The Chief Inspector of Factories, by notice may

specify the number of persons to be employed in a room.

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Lighting:Too much light throws glare on normal vision. The required light with minimum

power must be provided. Glazed windows and sky lights through which rooms

are ventilated have to be constantly cleaned from the inner and outer surfaces.Glares and shadows must be avoided from distorting the vision of eye.

Otherwise, workmen would strain their eyes leading to risks.

Drinking water:

Potable, pure or wholesome drinking water shall be made available to workmenat convenient points, A notice board must be displayed indicating availability

of such facility. The notice shall also contain the caption, drinking water in

local language. Ifthe strength of the workers increases beyond 250, cool

water equipment must be provided to ensure supply of chilled water. The points

at which drinking water is supplied shall legibly marked Drinking water in a

language understood by a majority of employees. Such water points must be

located beyond 6 meters or any washing place, urinals, latrine, spittoon and

open drainage, carrying effluent. Shorter distance shall be permitted for

locating water points only with the approval of Chief Inspector of Factories.

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Latrines and urinals:Factories where more than 250 workers are ordinarily employed,

the latrine and urinal accommodation shall be of the prescribed sanitary

type. The floors and internal walls up to a height of 3 feet and

above from the floor level should be laid in glazed tiles. Sweepers

shall be employed whose primary duty is to keep the latrines and

urinals clean and washing places tidy.

Spittoons:

Spittoons are nothing but pots that are specially provided for, into

which, the workers have to spit. Workers cannot spit, as they like, as

that would spoil the cleanliness and hygiene of the factory. Sufficient

number of spittoons should be provided, taking into account the

number of persons employed. A fine of Rs.5 would be imposed on

any one who violated the rule.

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SAFETY

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FENCING OF MACHINERY (Sec. 21) :-

1. Dangerous part of every machinery to be securely fenced (by safeguards of

substantial construction).

2. Prescription of further precautions by state government (rules).

WORK ON NEAR MACHINERY IN MOTION (sec. 22) :-

1. Examination of machinery in motion by a trained adult male worker.

2. Restrictions on women and young persons.

EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINES (Sec. 23):-

1. Restriction on young persons to work on dangerous machines.

2. Machines dangerous for young persons to be specified by the state government.

STRIKING GEAR AND DEVICES FOR CUTTING OFF POWER (Sec. 24) :-

1. Suitable striking gear to be provided , maintained and used.

2. Locking device to prevent accidental starting of transmission machinery.

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SELF- ACTING MACHINES (Sec. 25) :-

Traversing part not allowed to run within a distance of 45 centimeters from any

fixed structure.

CASING OF NEW MACHINERY (Sec. 26) :-

Casing to prevent danger :- All machinery driven by power and installed in any

factory after 1st April,1949 , every set screw , bolt or key on any revolving shaft ,

wheel shall be so sunk , encased or otherwise effectively guarded as to prevent

danger.

PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTON

OPENERS (Sec. 27) :-

No women or child shall be employed in any part of a factory for pressing cotton

in which a cotton-opener is at work. They can be employed on the side of thepartition where the feed end is situated.

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HOISTS AND LIFTS (Sec. 28) :-

Hoists and lifts to be of good mechanical construction and to be properly maintained and

examined once in every 6 months :- In every factory every hoist and lift shall be of good

mechanical construction and adequate strength. It shall also be properly maintained andexamined by a competent person at least once in every 6 month. Here we also having a

register of particulars.

LIFTING MACHINES,CHAINS,ROPES AND LIFTING TACKLES (Sec. 29) :-

1. Cranes and lifting machines etc. to be of good construction and to be examined once in

every 12 months :- In every factory cranes and other lifting machines shall be of good

construction , adequate strength , free from defects and properly maintained. Examined

by a competent person at least once in every 12 months.

2. Cranes and lifting machines not to be loaded beyond safe working load.

3. Crane not to approach within 6 meters of a place where any person is employed or

working.

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REVOLVING MACHINERY (Sec. 30) :-

1. Notice of maximum safe working speed of grindstone etc to be kept near machine :-In every factory in which the process of grinding is carried on , there shall bepermanently kept near each machine a notice.

2. Speeds not to be exceeded.

PRESSURE PLANT (Sec. 31) :-

1. Safe working pressure not to be exceeded :- If in any factory or in any plant isoperated at a pressure above atmospheric pressure , effective measures shall be takento ensure that the safe working pressure is not exceeded.

2. Rule making power of the state government providing for examination andexemption :- The government may make rules providing for the examination andtesting of any plant or machinery and providing for additional safety measures.

FLOORS , STAIRS AND MEANS OF ACCESS (Sec. 32) :-

In every factory all floors , steps , stairs shall be properly maintained ; when anyperson has to work at a height from where he is likely to fall , provision shall bemade.

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Section 33. Pits, sumps, openings in floors, etc. -

(1) In every factory every fixed vessel, sump, tank, pit or opening inthe ground shall be either securely covered or securely fenced.

(2) Exemption: The State Government may, by order in writing,exempt any factory in respect of any vessel, sump, tank, pit oropening from compliance with the provisions of this section.

Section 34. Excessive weights. -

(1) No person shall be employed in any factory to lift, carry or moveany load so heavy as to be likely to cause him injury.

(2) The State Government may make rules prescribing themaximum weights which may be lifted, carried or moved by adultmen, adult women, adolescents and children employed in factoriesin carrying on any specified process.

Section 35. Protection of eyes

risk of injury to the eye from particles or fragments thrown off inthe course of the process or by reason of exposure to excessivelight,

Effective screens or suitable goggles shall be provided for theprotection of persons employed on, or in the immediate vicinity of,the process.

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Section 36. Precautions against dangerous fumes, gases, etc.-

(1) Prohibition on entry into any chamber, tank, vat, pit, pipe, flueor other confined space in any factory in which any gas, fume vapor

or dust is likely to be present. (2) Practicable measures to be taken for removal of gas, fume,

vapor etc.

a certificate in writing has been given by a competent person,

such person is wearing suitable breathing apparatus and a belt

securely attached to a rope Section 36A. Precautions regarding the use of portable electric

light.-

(a) no portable electric light or any other electric appliance ofvoltage exceeding 24 volts shall be permitted inside any chamber orother confined space

no lamp or light other than that of flame-proof construction shallbe permitted to be used

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Section 37. Explosive or inflammable dust, gas,etc.

Practicable measures to prevent explosion onignition of gas, fumes etc by-

(a) effective enclosure of the plant or machineryused in the process;

(b) removal or prevention of the accumulation ofsuch dust, gas, fume or vapor;

(2)Prohibition of chokes, vents etc.

(3) Where explosive or inflammable gas or vaporunder pressure greater than atmosphericpressure, that part shall not be opened.

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Section 38. Precautions in case of fire. -

(1) All practicable measures shall be taken to prevent outbreak offire and its spread, both internally and externally, and to provide

and maintain- (a) safe means of escape for all persons in the event of a fire, and

(b) the necessary equipment and facilities for extinguishing fire.

(2) Familiarity of workers with the means of escape in case of fire.

(3) The State Government may make rules to give effect to the

provisions of sub-sections (1) and (2). (4) if the Chief Inspector, having regard to the nature of the work

carried on in any factory, the construction of such factory, specialrisk to life or safety, or any other circumstances, is of the opinionthat the measures provided in the factory are inadequate, he may,by order in writing, require that such additional measures as he

may consider reasonable and necessary, be provided in the factorybefore such date as is specified in the order.

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Section 39. Power to require specifications of defective parts or testsof stability. -

If it appears to the Inspector that any building or part of a building,

machinery or plant in a factory may be dangerous to human life orsafety, he may ask the occupier or manager or both of the factoryan order in writing requiring him before a specified date-

(a) to furnish such drawings, specifications and other particulars asmay be necessary to determine whether such buildings, ways,machinery or plant can be used with safety, or

(b) to carry out such tests in such manner as may be specified in theorder, and to inform the Inspector of the results thereof.

Section 40. Safety of buildings and machinery. -

(1) Service of order by inspector to take specified measures in caseof dangerous building or machinery or plant.

(2)Prohibition of use where danger is imminent.

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Section 40A. Maintenance of buildings. -

If it appears to the Inspector that any building or part of a building in afactory is in such a state of disrepair as is likely to lead to conditions

detrimental to the health and welfare of the workers, he may serve on theoccupier or manager or both of the factory an order in writing specifyingthe measures which in his opinion should be taken and requiring the sameto be carried out before such date as is specified in the order.

Section 40B. Safety Officers. -

(1) In every factory-

(i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing

process or operation is carried on, which process or operation involves anyrisk of bodily injury, poisoning or disease or any other hazard to health, tothe person employed in the factory,

the occupier shall, if so required by the State Government by notification

in Official Gazette, employ such number of Safety Officers as may bespecified in that notification.

(2) The duties, qualifications and conditions of service of Safety Officersshall be such as may be prescribed by the State Government.

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PROVISIONS REGARDING THE

WELFARE OF WORKERSSection 42-50 of Factories Act , 1948

( )

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1.Washing Facilities ( Sec 42)

Availability of washing facilities within factory

premises Separate washing facilities for male & female

workers.

Accessible and should be kept clean

2.Facilities for storing and drying clothes

(Sec 43)

Suitable facilities for drying

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3. Facilities for sitting ( Sec 44)

Available to workers who have to work in a standingposition.

If work can be done in sitting position efficiently,

the Chief Inspector may direct the provision ofsitting arrangements

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5.Canteens (Sec 46)

Applicable only if more than 250 workers are

employed.

Certain rules may be framed regarding food

server , its management etc:

eg: Standards in respect of construction,

accommodation, furniture and other

equipments of the canteen.

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6. Shelters, rest rooms and lunch rooms

( Sec 47)

Applicable for factories with more than 150

workers.

Provision of adequate shelters or rest rooms anda lunch room with drinking water facility.

Rooms must be sufficiently lighted and ventilated

and must be maintained in a cool and cleancondition.

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7. Crches ( Sec 48)

Applicable if the factory employees more than 30women.

Room shall be adequate size, well lighted and

ventilated, maintained in a clean and sanitarycondition.

A woman trained in care of children and infants

should be in there as an in charge

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8. Welfare Officer ( Sec 49)

Must be appointed in every factory where 500 or

more workers are employed.

9. Power to make rules ( Sec 50)

The State Govt. may make rules regarding the

welfare of workers.

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WORKING HOURS OF ADULTS

HOLIDAYS

EMPLOYMENT OF YOUNG PERSONSEMPLOYMENT OF WOMEN

ANNUAL LEAVE WITH WAGES

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WORKING HOURS (ADULTS)

ADULT: above 18 years of age WEEKLY HOURS (sec 51): not more than 48 hours

a week

DAILY HOURS (sec 54): not more than 9 hours a

day* INTERVALS OF REST (sec 55): periods of work shall not

exceed 5 hours at astretch

SPREADOVER (sec 56): not more than 10-1/2 hours* NIGHT SHIFTS (sec 57): compensatory off of 24hours

PROHIBITION OF OVERLAPPING SHIFTS (sec 58)

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HOLIDAYS

WEEKLY HOLIDAYS (sec 52): every adult

worker will be allowed a holiday during a

week; first day of the week

COMPENSATORY HOLIDAYS (sec 53): when

deprived of the above, he shall be allowed

compensatory holidays of equal number to

the holidays so lost; within the same month orwithin the next 2 months

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EMPLOYMENT OF YOUNG PERSONS

YOUNG PERSON PROHIBITION OF EMPLOYMENT OF YOUNG

CHILDREN (sec 67)

NON-ADULT WORKERS TO CARRY TOKENS (sec68)

CERTIFICATE OF FITNESS (sec 69-70)

WORKING HOURS FOR CHILDREN (sec 71)

not more than 4-1/2 hours in any daynot during the night (10pm-6am)

female child (only between 8am-7pm strictly)

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EMPLOYMENT OF WOMEN

All provisions of the FA 1948 regarding

employment of adult.. Except..:

Work on or near machinery in motion (sec 22)

Prohibition of employment near cotton openers

(sec 27)

Crches (sec 48)

RESTRICTION ON EMPLOYMENT OF WOMEN(sec 66): between 6pm 7am

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ANNUAL LEAVE WITH WAGES

Leave entitlement one day for every 20/15

days of work performed in case of adult/child

(sec 79)

Wages during leave period (sec 80)

COURT CASE

Wages (Karnataka High Court)Manufacturing process (Supreme Court)Mishra Dhatu Nigam Ltd.(Supreme Court)

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