The Factory Act,1948

Introduction

The 1st factory act was passed in 1881,in response to the demands of workers working in mills.

However, it was very inadequate to satisfy them. It was amended on several occasions to meet the requirements.

finally today we have the factory act of 1948

Objects

To provide safety, health & welfare of workers.

To regulate the working hours & employment of children & women.

To provide for annual leave with wages.

To appoint inspector to ensure compliance of the act.

Scope & application

The act extends to the whole of India & applies to every factory as defined under the act including Govt. factories.

In certain cases however exemptions can be available from certain provisions of the act.

It means any premises including in precincts(surrounding area)…..

Where 10 or more workers are working and in any part of which manufacturing process is carried on with aid of power.

Where 20 or more workers are working and in any part of which manufacturing process is carried on without aid of power

Factory Sec 2(m)

Any hotel, restaurant or eating place. A railway running shed. A mobile unit belonging to the armed

forces.

But does not include…

Worker Sec 2(I)

Any person employed directly or through contractor.

With or without wages.

With or without the knowledge of principal employer.

To do any work in the M.P or cleaning any premises or machinery used for

Manufacturing Process Sec 2(k)

It is a process for….

Making,altering,repairing,ornamenting,finishing,packing,oiling,washing,braking up or treating any article or substance.

Pumping oil, water or other substance.

Generating, transforming or transmitting power.

Constructing, repairing or re-fitting ships.

Preserving any article in cold-storage.

The term has a very wide coverage.

It includes not only the production process but many others also.

It is not necessary that a new product should emerge as a result of M.P. thus, making ,furniture, producing fans, cooking food are all M.Ps

Occupier sec 2(n) The person who has ultimate control over the affairs of the

factory: provided that-

In the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to the occupier.

In case of a company, any directors shall be deemed to the occupier.

In case of a factory owned or controlled by central Gvt.or any state Govt. or local authority, the person appointed to manage the affairs of the factory.

Duties of Occupier Plant maintenance that is safe and without risk to health of

workers.

Safeguard health and safety with the use,handling,storage and transport of articles and substance.

Provide information, Instruction, training and supervision to ensure health and safety of all workers.

Monitoring of work environment.

Approval, Licensing And Registration Of Factories

1) The State Government may make rules -

(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;

 (b) requiring, the previous permission in writing of the State

Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories;

 (c) requiring for the purpose of considering applications for

such permission the submission of plans and specifications;  

(d) prescribing the nature of such plans and specifications and by whom they shall be certified;

 (e) requiring the registration and licensing of

factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences;

 (f)An application of a factory has to be submitted by

Registered post to State Gvt. Or Chief Inspector

If no order is communicated within 3 months, it shall be assumed that permission is granted.

In case permission is refused, then in that case, the applicant may appeal to the State Gvt. If the permission is refused by chief inspector, or to the central Gvt. If the permission is refused by the State Gvt., within 30 days.

Notice by occupierIt is the duty of occupier to send the written notice to the chief

inspector at least 15 days before he begins to use any premises as factory.

(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 or

building (including the precincts thereof) referred to in section 93;

 (c) the address to which communication 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, which shall not include the rated horse power of any separate stand-by plant;

(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;  (h) the average number of workers per day employed

during the last twelve months in the case of a factory in existence on the date of the commencement of this Act

(2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days, from the date of the commencement of this Act.

(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than 180 working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) at least thirty days before the date of the commencement of work.

 

(4) Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within 7 days from the date on which such person takes over charge.

(5) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.

Health Provisions Cleanliness (Sec-11) Disposal of waste & effluents (Sec-12) Ventilation and Temperature (Sec-13) Dust And Fume (Sec-14) Artificial Humidification (Sec-15) Overcrowding (Sec-16) Lighting (Sec-17) Drinking Water (Sec-18) Latrines And Urinals (Sec-19) Spittoons (Sec-20)

Cleanliness (Sec-11) Every factory shall be kept clean & free from

effluvia arising from. Accumulation of dirt shall be removed daily

by sweeping & shall be disposed off in a suitable manner.

Work-room shall be cleaned once in a week using disinfectant.

Disposal of waste & effluents (Sec-12)

Effective arrangement shall be made for the treatment of waste due to M.P carried an so as to render them harmless.

Ventilation and Temperature (Sec-13)

Effective provision shall be made for obtaining adequate ventilation by circulation of fresh air & such temp. shall be maintained as to give reasonable comfort to workers.

Walls & roofs shall be of such material that temp.shall be of such material that temp. shall be kept as law as practically possible.

Dust And Fumes (Sec-14) If any dust or fume given off due to M.P

effective measures shall be taken to prevent its inhabitation in any workroom.

Exhaust appliances shall be applied wherever necessary at the point of origin of such dust.

Artificial Humidification (Sec-15) There are certain M.P’s where humidity require, if it

is not naturally available, it is artificially created .In such cases the Govt. makes rules for-

a) Standard of humidification.

b)Methods of creating humidity shall be obtained from approved source.

c)Water used for creating humidity shall be obtained from approved source.

Overcrowding (Sec-16)

No work-room shall be so overcrowded as to be injurious to the health of workers.

14.2 meter cube of space shall be available to every worker and for measuring this space above 4.2 meter from the floor shall not be taken into account

Lighting (Sec-17)

In every part of the factory where workers are working or passing sufficient lighting shall be provided & maintained natural, artificial or both.

Effective provision shall be made for direct glare from source of light and formation of shadows so that there is no risk of accidents

Drinking Water (Sec-18) Effective arrangement shall be made to provide

wholesome drinking water for all workers at suitable point conveniently situated.

All such water points shall be legibly marked as "Drinking Water” in a language by majority of the worker.

A minimum distance of 6 m shall be maintained between an water point & any washing place or urinals.

If more than 250 workers are employed cool drinking water shall be provided during hot weather.

Latrines And Urinals (Sec-19)

Sufficient latrines & urinals shall be provided of convenient places with separate accommodation for male & female workers.

They shall be adequately lighted & ventilated & shall be maintained in clean & sanitary conditions.

Spittoons (Sec-19)(1) In every factory there shall be provided a sufficient number of spittoons in

convenient places and they shall be maintained in a clean and hygienic condition.

 (2) The State Government may make rules prescribing the type and the

number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.

 (3) No person shall spit within the premises of a factory except in the

spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.

 (4) Whoever spits in contravention of sub-section (3) shall be punishable

with fine not exceeding five rupees.

Welfare Provisions Washing facility (Sec-42) Facility for Storing & drying clothing (Sec-43) Facility for sitting (Sec-44) First aid appliances (Sec-45) Canteen (Sec-46) Shelter, restrooms and lunchrooms (Sec-47) Crèche (Sec-48) Welfare officers (Sec-49) Power to make rule (Sec-50)

Washing facility (Sec-42)

Adequate & suitable washing facility separate for male & female workers shall be provided & maintained.

They shall be conveniently accessible & kept clean.

Facility for Storing & drying clothing (Sec-43)

Suitable places shall be provided for keeping clothing not worn during working hours & for drying of wet clothing.

Facility for sitting (Sec-44)

Certain MP’s require a worker to work continuously in the standing position.

In such cases, it may be possible for the worker to intermittently take rest by sitting down when the opportunity arises.

Sitting arrangement shall be provided for such workers near the machine.

If the factory inspector is satisfied that a worker can work efficiently in a sitting position he may order the occupier to provide sitting arrangement of the prescribed type.

First aid appliances (Sec-45) For every 150 workers first aid box/ cupboard with

prescribed contents shall be provided & maintained.

Nothing except the prescribed contents shall be kept in such first aid box.

It shall be kept in the charge of a responsible person qualified in first aid treatment.

When more than 500 workers are employed ambulance shall be provided & maintained with prescribed size, equipments& contents.

Canteen(Sec-46) Where more than 250 workers are

employed, canteen shall be provided & maintained for the use of workers.

The State Govt. makes rules for the standards of construction, furniture, food to be served & the charges for the same.

Canteen management committee shall be formed with representatives of workers.

Shelter, restrooms and lunchrooms (Sec-47)

Where more than 150 workers are employed …

a suitable lunch room with drinking water shall be provided so that the workers can eat meals brought by them.

Where a lunchroom is provided, no worker shall eat any food in any workroom.

Where a canteen is already provided, there is no need to provide a lunchroom.

Crèche (Sec-48) Where more than 30 women workers are provided

a crèche shall be provided for their children below the age of 6 years.

It shall be adequately lighted & ventilated & under the charge of women trained in the care of children and infants.

The state Govt. makes rules for free milk or refreshment for the children & additional rest intervals for the mothers to feed them.

Welfare officers(Sec-49) Where 500 or more workers are employed,

prescribed no. of welfare officers shall be employed.

The state Govt.makes rules for duties, qualifications and conditions of service for such welfare officers.

Annual leave with wages Every worker who has worked for 240

days or more in a calendar year shall be entitled to in a subsequent calendar year at the rate of –

1 day for every 20 days worked for adult workers,

1 day for every 15 days worked for Child

The days of layoff, maternity leave and paid leave are to be treated as the days actually worked.

When the worker enjoys this leave, the holidays occurring during the leave period shall be excluded.

If the service of the worker begins otherwise than on 1st Jan, he shall be entitled to annual leave with wages at the above rate, if he works for the 2/3rd

of the remaining working days in the calendar year.

In the event of termination of employee the worker or his nominee shall be entitled to wages in lieu of the leave standing at his credit.

If a worker does not consume all the leave allowed to him, the unconsumed leave may be carried forward subject to a maximum of 30 days.(40 in case of a child worker)

A worker can enjoy this leave for maximum 3 times in ayear.

A worker desirous to proceed on leave must apply for the same at least 15 days in advance(In the case of Public Utility Service[PUS] it is 30 days)

Working Hours for adult

Weekly off Weekly holiday Compensative holiday Daily hours Rest interval Spread over Night shifts Prohibition of overlapping shifts Extra wages for overtime Restrictions on Double Employment

Weekly off - No adult worker shall work for more than 48 hours.

Weekly holiday – No adult worker shall work on the first day of the week unless he has or will have a whole day holiday during 3 days before or after such first day.

Compensative Holiday – If as a result of shift change ,a worker is working on any holidays, he shall be given compensative holidays of equal no. within a period of 2 months.

Daily hours: No adult worker shall work in a factory for more than 9 hours in any day.

Rest interval: No worker shall work continuously for more than 5 hours, unless he has enjoyed more rest interval of at least half hour.

Spread over – It means the Period between

commencement & termination of shifts.

The periods of work shall be so arranged i.e. working hours do not spread over more than 10 and half hours in any day.

The inspector may allow the spread over up to 12 hours.

Night shifts – If a worker works on a shift which extends beyond the midnight, holiday for a whole day for him would mean a period of 24 consecutive hours beginning at the end of the shift.

Prohibition of overlapping – Where the work is carried on by a system of shifts,2 relays of workers shall not be engaged in the same kind of work at the same time.

Thus ,if the 1st shift of machine workers ends at 3 pm,the 2nd shift can not start by 2 pm,since both these relays of workers would be engaged in the same kind of work from 2 pm to 3 pm

Extra wages for overtime- Where a worker works for more than 9 hrs a day

or 48 hrs a week, he shall be paid overtime wages @ twice his ordinary rate of wages for such overtime work.

Ordinary rate of wages means the basic wages & other allowances.

In case of piece rated workers , it is the avg. wage of the previous month

Restrictions on Double Employment – No worker shall work in any factory on any

day on which he has already works in any other factory.

This prohibition is rather for the occupier & is applicable only when he has knowledge of such previous employment.