Ch. I-introduction Ch. II-inspection Ch. III-health Ch. IV-safety Ch. IV-A-hazardous processes Ch. V-welfare Ch.

VI-working hours Ch. VII-young persons Ch. X-penalties and procedure

Chapter I Introduction
NEED:  Rise of large scale factories in the late 19th century.  Report by Major Moore (Inspector-in-Chief of the Bombay Cotton Department)-need to provide legislations to regulate working conditions in factories.  Defects in the Factories Act,1934.

Changes introduced in the Factories Act,1948

y Definition of factory-10(power),20(others). y Distinction between seasonal and non-seasonal

factories was abolished. y Power to state government. y Exception to establishments where work is done by members of family. y Clear requirements for health, safety and welfare. y Min. age of children raised from 12 to 14yrs.and daily hours reduced from 5hrs. to 4.5hrs.

Changes introduced.
y Licensing and registration of factories. y Prohibition on employment of women and children

between 7p.m. and 6a.m.. y State Government empowered to make rules for welfare of labourers. y Prior approval of state government for new installations and extention of factories. y Exclusion of mines and railway running sheds.

Definitions
y

Manufacturing process-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 use, sale, transport, delivery or disposal; or Pumping oil, water, sewage or any other substance; or Generating, transforming power, 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.

Definitions
child-person not completed 15 years of age. worker-person employed directly or by or through

any agency with or without the knowledge of the principal employer, whether for remuneration or not, ..but does not include any member of the armed forces. factory-any premises whereon 10+ workers with the aid of power; or for 20+workers without the aid of power, are working, or were working in the last 12 months.


Chapter II Inspecting Staff

Inspectors: Sec.8(1)State Govt. may appoint person with

prescribed qualification, for local limits.

Sec.8(2)Chief Inspector for the entire state. Sec.8(2-A)Additional Chief Inspectors, Joint Chief Inspectors

and Deputy Chief Inspectors, to assist the Chief Inspectors. Sec.(2-B)by notification may be given the powers of the inspector throughout the state.

Inspecting Staff
 Sec.8(3)any person having interest in the factory cannot be

appointed as Inspector.  Sec.8(4)every district magistrate shall be the inspector for his district.  Sec.8(6)in any area with more than one inspector, powers and local limits may be declared.  Sec.8(7)every officer appointed under this section shall be deemed to be a public servant.

Powers of Inspectors
Sec.9  

  

(a) may enter any place used as a factory. (b) examine the premises, plant, machinery. (c) enquire into any accident or otherwise, whether resulting in injury or not. (d) inspect any document, take measurements relating to the factory. (e) seize or take copies of any document or record. (f) direct the occupier to keep parts of premises undisturbed. (g) exercise such other powers.

Chapter III Health

y Sec.11 Cleanliness. y Sec.12 Disposal of waste and effluents. y Sec.13 Ventilation and temperature. y Sec.14 Dust and Fumes. y Sec.15 Artificial humidification. y Sec.16 Overcrowding. y Sec.17 Lighting. y Sec.18 Drinking water. y Sec.19 Latrines and urinals y Sec.20 Spittoons.

Chapter IV Safety
y Sec.21 Fencing of machinery. y Sec.22 Work on or near machinery in motion. y Sec.23 Employment of young persons on dangerous

machine. y Sec.24 Striking gear and devices for cutting of power. y Sec.25 Self-acting machines. y Sec.26 Casing of new machinery.

Safety
y Sec.27 Prohibition of employment of women and

children near cotton openers. y Sec.28 Hoists and lifts. y Sec.29 Lifting machines, chains, ropes and lifting tackles. y Sec.30 Revolving machinery. y Sec.31 Pressure plant. y Sec.32 floors, stairs and means of access.

Safety
y Sec.33 Pits, sumps, opening in floors. y Sec.34 Excessive weights. y Sec.35 Protection of eyes. y Sec.36 Precautions against dangerous fumes, etc. y Sec.37 Explosive or inflammable dust, gas, etc. y Sec.38 Precautions in case of fire. y Sec.39 Specifications of defective. y Sec.40 Safety of building and machinery.

Chapter IV-A Hazardous Processes

y Sec.41-A Constitution of site appraisal committee by

the State Government to consider applications for initial location or expansion of a factory involving hazardous processes, consisting ofy Chief Inspector of the State as the Chairperson y A Rep. of the Central Board for the Prevention and Control

of Water Pollution (Act of 1974) y A Rep. of the Central Board for the Prevention and Control of Air Pollution (Act of 1981) A Rep. of the State Board for the Prevention and Control of Air Pollution (Act of 1981)

Hazardous Processes
y A Rep. of the State Board for the Prevention and Control of Water Pollution y y y y y

(Act of 1974) A Rep. of the of the Department of Environment in the State A Rep. of the of the Meterological Department of the government of India An expert in the field of occupational health A Rep. of the Town Planning Department of the State Government, Not more than five other members who may be co-opted by the State Government, who shall bey a scientist having specialised knowledge of the hazardous process which will be involved in the factory, y A rep. of the local authority within whose jurisdiction the factory is to be established, y not more than three other persons as deemed fit by the State Government.

Hazardous Processes
y Sec.41-B Compulsory disclosure of information by

the occupiery of every factory involving a hazardous process all

information involving danger; y measures to overcome hazards; y detailed policy with regard to health and safety of workers; y an onsite emergency plan;

Hazardous Processes
y Sec.41-C Specific responsibility of the occupier in

relation to hazardous processesy

maintain accurate and up-to-date health records, medical records, etc. subject to such conditions as may be prescribed; appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory; Provide for medical examination of every worker.

Hazardous Processes
y Section 41-D Power of the Central Government to

appoint Inquiry Committee

y On the occurrence of an extraordinary situation; y To enquire into the standards of health and safety of workers

employed in the factory; y To enquire into the standards of health and safety of the general public affected or likely to be affected; y For the prevention and recurrence of such extraordinary situation;

Hazardous Processes
y Section 41-E emergency standards; y Section 41-F permissible limits of exposure of chemical

and toxic substances; y Section 41-G workers participation in safety management; y Section 41-H right of workers to warn about imminent danger;

Chapter V Welfare
y Sec.42-Washing facilities:
y

(a) adequate and suitable facilities for washing shall be provided and maintained for the use of workers; (b) separate and adequately screened facilities shall be provided and maintained for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean;

Welfare
y Sec.43-Facilities for storing and drying clothes; y Sec.44-facilities for sitting; y Sec.45-First-aid appliances; y Sec.46-Canteens; y Sec.47-Shelters, rest rooms and lunch rooms; y Sec.48-Creches; y Sec.49-Welfare Officer;

Chapter VI Working Hours of Adults

y Sec.51-Weekly hours-not more than 48 hours. y Sec.52-Weeklyholidaysy no worker will be allowed or required to work on the first day of work, unless(a) he has a holiday for a whole day immediately before or after the said day; (b) the manager has displayed and delivered a notice to that effect;

Provided such working days do not exceed ten days.

Working Hours of Adults

y Sec.53-Compensatory holidays-of equal number of

holidays lost, within two months; y Sec.54-Daily hours-not more than 9 hours; y Sec.55-Intervals for rest-no period shall exceed 5 hours, before an interval of at least 1 hour is given. y Sec.56-Spreadover-including rest hours, it shall not be more than 10 and hours.

Working Hours of Adults

y Sec.57-Night Shifts-where a worker works on a shift

which extends beyond mid-night,

y

Whole day or 24 hours rest beginning when his shift ends.

y Sec.58-Prohibition of overlapping Shifts-provides that

work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work for the same kind at the same time.

Working Hours of Adults

y Sec.59-Extra wages for overtime- for more than 9

hours in any day, or for more than 48 hours in a week, worker is entitled to overtime wages at the rate of twice his ordinary rate of wages. y Sec.66-Restriction on employment of womeny no exemption for provisions of sec.54 y No woman shall be required or allowed to work in a

factory except between 6 a.m. and 7 p.m. y There shall be no change of shifts except after a weekly holiday.

Chapter VII Employment of Young Persons

y Sec.67-Prohibition of employment of young children-

any child who has not completed 15th year, shall be allowed to work. y Sec.68-Non-adult workers to carry tokens-a child who has completed 15 years or an adolescent shall be allowed to work providedy y

he has a certificate of fitness. he carries a token with reference to such certificate.

Employment of Young Persons

y Sec.69- Certificate of fitnessy y y y y

y y

by a certifying surgeon, that he has attained the prescribed physical standards, to work as an adult, shall be valid only for a period of 12 months, may be made subject to conditions with regard to nature of work, may be renewed or revoked, fee shall be paid by the occupier and shall not be recoverable from young persons, his parents or guardian.

Employment of Young Persons

y Sec.71-Working hours for children-prohibition on

employment of children to work in the factoryy y y

for more than 4 hours in a day, during the night. (10p.m. to 6a.m.), period of work shall be limited to 2 shifts which shall not overlap or spread over more than 5 hours each,

Employment of Young Persons

y Sec.73-Register of child workers-showing
y y y y

name of each child worker in the factory; nature of his work; group, if any, in which he is included; where his group works on shifts, the relay to which he is allotted; number of his certificate of fitness.

Chapter X Penalties and Procedure

y Sec.92-General penalty for offences-the contravention

of the following is an offencey y y

the provisions of the Act; or any rules made under the Act; or any order given in writing under the Act. imprisonment which may extend to 2 years; or fine which may extend to Rs. One lakh; both.

y Penalties arey y y

Penalties and Procedure

y Sec.93-Liability of owner of premises in certain

circumstancesy where the premises is leased to different occupiers for use as separate factories, the owner shall be responsible for providing common facilities and services such as approach roads, drainage, water supply etc. y the owner shall be responsible for provision and maintenance of latrines, urinals and washing facilities.

Penalties and Procedure

y Sec.94-Enhanced penalty after previous convictiony imprisonment which may extend to 3 years; or y fine which shall not be less than Rs.10,000 and may extend to Rs.2 lakh; y both. y Sec.95-Penalty for obstructing inspectory imprisonment which may extend to 6 months; or y fine which may extend to Rs.10 thousand; or both.

Penalties and Procedure

y Sec.97-Offences by workers-

fine which may extend to Rs.500. y Sec.98-Penalty for using false certificate of fitnessy imprisonment which may extend to 2 months; or y fine which may extend to Rs.1000; or y both. y Sec.99-Penalty for permitting double employment of childy fine which shall not be less than Rs.1000;
y

Penalties and Procedure

y Sec.101-Exemption of occupier or manager from

liability in certain cases- if the following conditions are cumulatively satisfied withy

occupier or manager must have charged another person as the actual offender; occupier or manager must have given 3 days clear notice, in writing of such complaint; the person charged as the actual offender must have been tried before the criminal court;

Thank you