FACTORIES ACT, 1948
FACTORIES ACT, 1948
OBJECT AND SCOPE OF THE ACT: The main object of the Factories Act,
1948 is to ensure adequate safety measures and
to promote the health and welfare of the workers employed in factories. The Act also makes provisions regarding employment of
women and young persons (including children and
adolescents), annual leave with wages etc.
The Act extends to whole of India including Jammu and Kashmir and covers all manufacturing processes
and establishments
falling within the definition of
factory‘as
defined under Section 2 (m) of the Act. Unless
otherwise provided it
is also applicable to factories belonging to Central/State Governments. (Section
116)
Important Definitions
Adult:
―Adult means a person who has completed his eighteenth year of age (Section
2 (a)) Adolescent:
―Adolescent
means a person who has completed his fifteenth year of age but has not completed his
eighteenth year. (Section 2 (b)) Child:
―Child means
a person who has not completed his fifteenth year of age (Section
2(c)) Factory:
―Factory includes 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 a 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.
HEALTH PROVISIONS UNDER THE FACTORIES ACT
Chapter III of the Act deals
with the following aspects.
(i) Cleanliness: Section 11 of The Factories Act ensures the cleanliness in the
factory. It must be seen that a factory is kept clean and it is free from effluvia
arising from any drain, privy or other nuisance and various measures have been
stipulated in the above said section.
(ii) Disposable of waste and effluents:
Every occupier of a factory, as per rules, shall make effective arrangements for
the treatment of wastes and effluents due to the manufacturing process carried
on
in the factory so as to render them innocuous
and
for their disposal.
(iii) Ventilation
and temperature:
Section 13 provides
that every factory should make suitable and effective provisions for securing and maintaining (1)
adequate ventilation by the circulation of fresh air; and (2) such a temperature as
will secure to the workers reasonable conditions
of
comfort and prevent injury to health
(iv) Dust and fume: There are certain manufacturing processes like chemical, textile or jute etc., which generates lot of dust, fume or other impurities. It is
injurious to the health of
workers employed in such manufacturing process. Suitable measures have to be taken to
keep the level of dust and fumes under control so that they do not affect the health of the workers.
(v) Artificial humidification: Humidity means the presence of moisture in the
air. In certain industries like cotton, textile, cigarette, etc., higher degree of humidity is
required
for
carrying out
the
manufacturing process. For this purpose, humidity of the air is artificially increased. This increase or decrease in
humidity artificially adversely affects the health of workers and hence certain
provisions have been made regarding them.
(vi) Overcrowding: Overcrowding
in the work room not only affect
the
workers in their efficient discharge of duties but their health also.
Section 16(2)
states that there shall be in every workroom of a factory in existence on the date of the commencement of this act at least 9.9 cubic metres and of a factory built after the commencement of this Act at least 14.2 cubic metres of space for every worker employed therein and for the purposes of this sub-section
no account
shall be taken of any space which is more than 4.2 metres above the level of the
floor of the room.
(viii) Lighting: Every part of a factory where workers are working or passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial or both.
(ix) Drinking Water: In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers
employed therein a sufficient supply of wholesome drinking water. Further if more than two hundred and fifty workers are working in a factory they shall be
provided with cooled drinking water during hot weather.
(x) Latrines
and urinals: In every
factory
sufficient latrine and urinal
accommodation of prescribed types
shall be
provided
for
men and women
separately. All such accommodation shall be maintained in a clean and sanitary condition.
SAFETY PROVISIONS UNDER THE FACTORIES ACT
(i)Fencing of machinery: In every factory every moving part of a prime mover and every
flywheel connected to a prime mover shall be securely fenced by safeguards of substantial construction which shall be constantly maint ained and
kept in position while the parts of machinery they are fencing are in motion or in
use.
(ii)Work on or near in motion: If an any factory it becomes necessary to examine any
part
of machinery,
while
the
machinery is
in motion
such
examination or operation shall
be made or carried out by only by a specially
trained adult male worker wearing tight fitting clothing.
(iii)Employment
of young
persons on dangerous
machines: No young
person shall be required or allowed to work at any machine to which Sec.21
applies
unless he has been
fully instructed
as to the dangers arising
in
connection with the machine and the precautions to be observed.
(iv) Striking gears and devices
for cutting off power: In every factory suitable
striking
gear or
other efficient
mechanical appliance
shall be
provided and maintained and used to move driving belts to and from fast and loose pulleys
which form part of the transmission machinery.
(v)Self acting machines: No traversing part of a self acting machine in any factory and no material carried thereon shall, if the space over which it runs is a
space over which any person
is liable to pass, whether in the course of his
employment or otherwise, be allowed to run on its outward or inward traverse within a distance of forty five centimeters from any fixed structure which is not part of the machine.
(vi)Casing of new machinery: All machinery driven by power and installed in any factory shall be encased or otherwise effectively guarded as to prevent
danger.
(vii)Prohibition of employment of women and children near cotton openers:
No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton
opener is at work, unless the feed end of a cotton opener is in a room separated from the delivery end by a partition.
(viii) Hoists and
Lifts:
Every hoist and lift shall
be of
good mechanical
construction, sound
material and
adequate
strength and
it shall
be properly
maintained and shall be thoroughly examined by a competent person, once in every six months.
(ix) Lifts, Machines, chains, ropes and lifting tackles: Every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle shall be of good construction, sound
material and adequate strength and free from defects
and it shall be property maintained and it shall be thoroughly examined once in
12 months
by a competent person.
(x) Revolving
machinery:
In every
factory
in which the said
process
of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel,
the speed of the shaft or spindle upon which the wheel is mounted and the diameter of the pulley upon such shaft or
spindle necessary to secure such safe working peripheral speed.
(xi) Pressure Plant: In any factory, any plant or machinery or any part thereof is
operated at a pressure above atmospheric pressure, effective measures shall be
taken to ensure that the safe working pressure of such plant or machinery or part
is
not exceeded.
(xii) Floors stairs and means of access: In a factory all floors, steps, passages
and gangways shall be of sound construction and properly maintained and shall
be
kept free from obstructions and substances likely to cause persons to slip and if necessary handrails may be provided.
(xiii) Pits, sumps, openings in floors: In every factory fixed vessel, sump, tank, pit or opening in the ground or in a floor which by reasons of its depth situation
construction or contents is or may be a source of danger, shall be either securely covered or securely fenced.
(xiv)Excessive weights: No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury.
(xv)Protection of eyes:
If in a factory where the manufacturing process involves risk of injury to the eyes from particles or fragments thrown off in the course of the process or risk to the eyes by reason of exposure to excessive light
then effective screen or goggles
may
be
provided
to
the
protection of the workers.
(xvi)Precaution against dangerous fumes, gases etc.: No person shall be required or allowed to enter any chamber, tank or vat, pit, pipe flue or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk
to
persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means
of
egress.
(xvii)Precautions regarding the use of portable electric light: No portable
electric light or any other electric appliance of voltage exceeding 24volts shall
be permitted
of the use
inside any
chamber, tank,
pit, pipe,
flue, or
other confined space unless
adequate devices
are provided for safety.
(xviii)Explosive or inflammable gas:
In any factory if
the
manufacturing process produces dust, gas, fume or vapour of such character and to such extent
as
to be likely to explode to ignition all practicable measures shall be taken to
prevent any such explosion.
(xix) Precautions in case of fire: In every factory all practical measures shall
be
taken to prevent outbreak of fire and its spread, both internally and externally and to provide
and maintain safety
measures like equipments for
fire extinguishing devices and to have emergency exits.
(xx) Safety of buildings and machinery: If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a
factory is in such a condition that it is dangerous
to human life or safety then the
occupier or manager or both may by order in writing specify the measures to be
taken and if necessary prohibit the use until it has been properly repaired or
altered.
(xxi)Maintenance of buildings: If it appears to the Inspector that any building or part of a building is detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order regarding
the remedial measures.
(xxii) Safety Officers: In every factory wherein one thousand or more workers
are
ordinarily employed the occupier
shall,
if
so required
by
the
State
Government
by notification in the official Gazette, employ such number
of Safety Officers as may be specified on that notification.
WELFARE
PROVISIONS IN THE FACTORIES ACT
(i)Washing Facilities: In every factory adequate facilities for washing shall be provided and maintained for the use of the workers.
Separately and adequately
screened facilities
shall be provided for the use of male and female workers. (ii)Facilities for storing and drying facility: The State Government shall make rules in respect of a factory or class or description of factories requiring the
provision
therein
of suitable places for keeping clothing
not
worn during
working hours
and for the drying of wet clothing.
(iii)Facilities
for sitting: In every factory suitable arrangements for sitting shall be
provided and maintained for all workers
obliged
to
work in a standing position, in order that they take advantage of any opportunities for rest which
may occur in the course of the work.
(iv)First aid appliances: Every factory shall maintain and provide one first aid box with prescribed contents for every 150 workers and it shall be in charge of a
responsible person who holds a certificate in first aid treatment, recognized by State Government.
(v)Canteen: The State
Government
may
make
rules requiring that
in any specified factory
wherein
two hundred and fifty workers are ordinarily employed,
a
canteen or canteens shall
be provided
and
maintained
by
the
occupier for the use of the workers.
(vi)Shelters rest rooms and lunch rooms: In every factory wherein more than
one hundred
and fifty workers are ordinarily employed, adequate and suitable
shelters or rest rooms and a
suitable lunch room with provision for drinking
water,
where workers can eat meals brought by them.
(vii)Creches: In every factory where more than thirty women are ordinarily employed there shall be provided and maintained a suitable room or rooms for
the use of children under the age of six years
of
such women.
(viii)Welfare Officers: In every factory wherein five hundred or more workers
are ordinarily employed the occupier shall employ in the factory such number of
Welfare Officers
as
may be prescribed.
WORKING HOURS FOR ADULTS
(i)Weekly hours: No adult worker shall be required or allowed to work in a
factory for more than forty eight hours in any week.
(ii)Weekly Holidays: No adult worker shall be required or allowed to work in a
factory on the first day of the week unless he has or will have a holiday for a whole day on one of the three days immediately before or after the said day. (iii)Compensatory Holidays: In case of
exempting a factory from the above
said provision, the worker shall be provided within the
month, compensatory
holidays of equal number to the holidays
so lost.
(iv) Intervals for rest: The period of work of adult workers in a factory each
day shall be so fixed that no period shall exceed five hours and that no worker
shall work for more than five hours before he has an interval for rest of at least half an hour.
(v) Spread over: The period of work of an adult worker in a factory shall be so
arranged that inclusive of his intervals for rest they shall not spread over more than ten and half hours in a day.
(vi) Prohibition of overlapping shifts: Work shall not be carried in any factory by means of a system of shifts so arranged that more than one relay of workers is
engaged, in work of the same kind at the same time.
(vii) Extra wages for overtime: Where a worker works in a factory for more than nine hours in any day or for more than forty eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
(viii) Restriction on double employment: No adult worker shall be required or allowed to work in any factory on any day on
which he has already been
working in any other factory, save on prescribed circumstances.
(ix) Notice of period of work for adults: There shall be displayed and correctly maintained in every factory in accordance with the provisions
of
sub- section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods
during which adult workers
may be required to work.
(x) Register of adult workers: The manager of every factory shall maintain a
register of adult workers, to be available to the Inspector at all times during working hours or when any work is being carried on in the factory.
EMPLOYMENT OF YOUNG PERSONS
(i)Prohibition of employment of young
children: No child who
has not completed
his fourteenth year shall
be required
or allowed to work in any factory.
(ii)Non adult workers to
carry
tokens: A child who
has
completed
his
fourteenth year or an adolescent shall not be required or allowed to work in any factory unless he is possession of a token, referring to a certificate of a fitness
issued and in the custody of manager.
(iii)Working Hours for Children: No child shall be employed or permitted to
work, in any factory
(a) for more than four and half hours in any day
(b) during night
Further no child shall be required or allowed to work in any factory on
any
day on which he has already been working in another factory.
No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.
(iv) Register of child workers: The manager of every factory in which children
are employed shall maintain a register a child workers available to the Inspector at all times during working hours or when any work is being carried on in a
factory.
ANNUAL
LEAVE
WITH
WAGES
A worker in a factory if entitled under any other law or under the terms of any
award, provided for longer annual leave with wages than provided under this
Act, is
exempted from the under mentioned provisions of The Factories Act.
(i)Annual leave with wages: Every worker who has worked for a period of 240
days or more in a factory during a calendar year shall be allowed during the
subsequent calendar year, leave with wages for a number of days calculated at the rate of-
(a) if an adult one day for every twenty days of work performed by him during
the previous calendar year.
(b) if a child one day for every fifteen days
of
work performed by him during the previous calendar year.
The layoff days, maternity leave and earned leave shall be taken as
days
worked for the purposes
of
computation of working days.
The annual leave shall be computed, exclusive of all holidays whether occurring during or at either end of the period of leave.
(ii)Wages during
leave
period:
For the
leave
allowed
to him
under
the
provisions a worker shall be entitled to wages at a rate equal to the daily average wage of his total full time
earnings for the days on which he actually worked
during the month immediately preceding
his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the
cash equivalent of the advantage accruing through the concessional sale to the worker of food grains
and other articles.
(iii)Payment in advance in certain case: A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed.
(iv) Mode of recovery of unpaid wages: Any sum due and payable it not paid as stipulated it shall be recoverable as delayed wages under the provisions of The Payment of Wages
Act.
Further under The Factories Act various provisions (Sections 92 to 106A) have
been enacted for providing penalty
for
offences, cognizance, and
limitation enhanced penalty and
jurisdiction of Court to entertain proceedings under the
Factories Act.
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