Professional Documents
Culture Documents
Unit III
Factories Act
Came into force on 1st April, 1949 Applies to factories all over India, including the State of Jammu and Kashmir Amended extensively in 1976, 1987 and 2005 Object : To regulate the conditions of work in manufacturing establishments coming within the definition of the term factory used in the Act
Factory
Factory means any premises including the precincts thereof
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 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 or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel restaurant or eating place.
Manufacturing Process
" Manufacturing Process" means any process for 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 pumping oil, water, sewage or any other substance; or generating, transforming or transmitting power; or composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or preserving or storing any article in cold storage.
Worker
" 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 the subject of the manufacturing process But does not include any member of the armed forces of the Union
Duties of Occupier
Ensure health, safety and welfare of all workers while they are at work in the factory It includes
Provision and maintenance of plant and systems of work in the factory that are safe and without risks to health Arrangements in the factory for ensuring safety and absence of risks to health in connection with use, handling, storage and transport of articles and substances.
Duties of Occupier
Provision of such information, instruction, training and supervision as are necessary to ensure health and safety of all workers at work Maintenance of all places of work in the factory in a condition that is safe and without risks to health Maintenance and monitoring of such working environment for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work Prepare a written statement of general policy with respect to health and safety of workers
Duties of Manufacturers
Proper design and construction, testing and information Research Duty to extend to things done in course of business Undertaking by the user : declaration for proper use
Inspection Staff
State Government appoints Inspectors, Chief Inspectors of Factories, Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors. Power of Inspectors
Enter with assistants in a factory premises Make examination of the premises, plant and machinery Require the production of any prescribed register and any other documents relating to factory
Inspection Staff
Power of Inspectors
Inquire into any accident or dangerous occurrences Seize, take copies of any register, record of other document or any portion thereof Direct the occupier that any premises or any part or anything lying thereon shall be left undisturbed Take measurement and photographs and make such recordings Direct occupier to dismantle any article or substance found in premises likely to cause danger Exercise such other powers as may be prescribed for carrying out the purposes of the Act
Inspection Staff
Duties of Inspector
Enforce provisions of Factories Act and other Industrial Laws Take steps like prosecuting guilty persons, etc
Obstructing an Inspector
Imprisonment for a term which may extend to 6 months or with fine which may extend to Rs. 10,000 or both
Certifying Surgeons
State Government appoints qualified medical practitioners as Certifying surgeons Duties
Examine and certify young persons Examine persons engaged in dangerous occupations or processes Medical supervisions of factories
Floors, stairs and means of access shall be of sound construction and properly maintained; hand rails to be provided; safe means of access shall be provided to the place where workers will carry on any work Excessive weights : No worker shall carry heavy load which might cause him injury Protection of eyes : screen or suitable goggles to be provided to protect eyes from fragments flying during manufacturing process or from excessive light
Includes Chief Inspector, a representative of Central and State Board for Prevention and Control of Water & Air Pollution, representative of dept of environment , meteorological department, town planning dept, etc
Include accurate information as to quantity, specification and other characteristics of wastes and the manner of their disposal
Membership of the Committee and its tenure of Office (determined by Central Govt.)
1 Chairman and 2 Members
Rule : State Govt. may make rules regarding the welfare of workers
Employment of Women
Maximum daily work is 9 hours Prohibition of night shift work : Can be allowed between 6.00 am to 7.00 pm Change of shift only after holiday Other restrictions
Work on or near machinery in motion Cotton openers Excessive weights Creches Dangerous operations Fitness granted to female adolescent (considered as an adult)