Factory Act 1948 Original

7/31/2019 Factory Act 1948 Original

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FACTORIES ACT, 1948.


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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.


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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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The following have held to be a factory:-

i. Salt works

ii. A shed for ginning and pressing of cotton

iii. A Bidi making shed

iv. A Railway Workshop

v. Composing work for Letter Press Printing

vi. Saw Mills

vii. Place for preparation of foodstuff and other eatables


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OBJECTIVE OF THE ACT

The Act has been enacted primarily with theobject of protecting workers employed in

factories against industrial and occupationalhazards.

For that purpose, it seeks to impose upon theowner or the occupier certain obligations to

protect the workers and to secure for thememployment in conditions conductive to theirhealth and safety.


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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.



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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;

iii. 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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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 anincorporated 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.



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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.


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THE FOLLOWING HAVE HELD TO BE A

FACTORY:-i. Salt works

ii. A shed for ginning and pressing of cotton

iii. A Bidi making shed

iv. A Railway Workshop

v. Composing work for Letter Press Printing

vi. Saw Mills

vii. Place for preparation of foodstuff and other eatables


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Regarded as one of the Noblel and a Comprehensive LabourLegislation

which is inforce in our country.

Covers all the aspects relating to workers employed in factories.

Secures - Safety

Health

Welfare

Regulates - Working Hours

Ensures - Annual leaves with wages

Provides - Additional protection from hazardous processes ,

Additional protection to women workmen,

Prohibition of employment of children.



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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.


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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;



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Main points

Health

Safety

Welfare

Working Hours Of Adults

Annual Leave With wages


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EMPLOYER TO ENSURE HEALTHOF WORKERS PERTAINING TO:

Cleanliness Disposal of wastes and effluents - Sec 12

Ventilation and temperature dust and fume - Sec 13 Overcrowding Artificial humidification LightingSec. 14

Drinking water Spittoons. - Sec. 18

AC O S AC 1948


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SAFETY MEASURES

Fencing of machinerySec. 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


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WELFARE MEASURES

Washing facilitiesSec 42

Facilities for storing and drying clothingSec 43

Facilities for sittingSec 44 First-aid appliancesone first aid box not less than one for every 150 workersSec 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



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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



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ANNUAL LEAVE WITH WAGESA 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



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Some of the crucial Sections:

Registration & Renewal of Factories

To be granted by Chief Inspector of Factories on submission of

prescribed form, fee and plan.

Sec. 6



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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 LightingSec. 14

Drinking water Spittoons. - Sec. 18



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Safety Measures

Fencing of machinerySec. 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.



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Welfare Measures

Washing facilitiesSec 42

Facilities for storing and drying clothingSec 43

Facilities for sittingSec 44

First-aid appliancesone first aid box not less than one for every 150 workersSec 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



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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



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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



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OFFENCE PENALTIES

For contravention of the Provisionsof the Act or Rules

Imprisonment upto 2 years or fineupto Rs.1,00,000 or both

On Continuation of contravention Rs.1000 per day

On contravention of Chapter IVpertaining to safety or dangerousoperations.

Not less than Rs.25000 in case ofdeath. Not less than Rs.5000 in case of

serious injuries. Subsequent contravention of someprovisions

Imprisonment upto 3 years or finenot less than Rs.10, 000 which mayextend to Rs.2, 00,000.

Obstructing Inspectors Imprisonment upto 6 months or fine

upto Rs.10, 000 or both.

Wrongful disclosing result pertaining

to results of analysis.

Imprisonment upto 6 months or fine

upto Rs.10, 000 or both.

For contravention of the provisionsof Sec.41B, 41C and 41H pertaining tocompulsory disclosure of informationby occupier, specific responsibility ofoccupier or right of workers to work

imminent danger.

Imprisonment upto 7 years withfine upto Rs.2, 00,000 and oncontinuation fine @ Rs.5, 000 per day.

Imprisonment of 10 years when

contravention continues for one year.

Sec.92 to 106

Documents

Factory Act 1948 Original