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Provisions For Health, Safety, and Welfare of Workmen in Factories Act, 1948
Provisions For Health, Safety, and Welfare of Workmen in Factories Act, 1948
Provisions for Health, Safety, and Welfare of workmen in Factories Act, 1948
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Q. What are the provisions made by Factory Act 1948 for Health, Safety, and Welfare of the workers? Who are "young persons" and what are the provisions meant for them? What are the provisions for health, safety, and welfare of women and children? Mention the provisions regarding "hours of work". Mention the provisions for hazardous processes.
Working conditions of factory workers in India has been historically very pathetic. Due to poverty and exploitation by factory owners, workers had practically no option. Due to an increase in industrial activity in the later half of the 19th century, attempts were made to improve the condition of the workers many times by the reports of the Royal Commission through various acts. The act of 1948 builds upon the act of 1934 after understanding the defects and weaknesses of the earlier act. An important change was the widening the definition of a 'Factory' to include any industrial establishment employing 10 or more people that uses power, or any industrial establishment that employs more than 20 people that does not use any power. Other important changes were: The distinction between seasonal and non-seasonal factories was removed. Increasing the minimum age of children eligible to work from 12 to 14. Reducing the hours of work for children from 5 to 4 and a half. Prohibiting children from working after 7 PM and before 6 AM. Explicit and special focus on health, safety, and welfare of all sorts of workers.
Definitions
Factory Act 1948 defines the following terms. Sec 2(k) Manufacturing Process Any process for making, altering, repairing, ornamenting, finishing, packing, breaking up, demolishing, or otherwise treating any article for use, sale, transport, delivery, or disposal. Pumping oil, water, sewage or any other substance. Building, breaking ships or vessels. Producing, transforming, transmitting power. Printing Preserving or storing any thing in cold storage State of Bombay vs Ali Saheb Kashim Tamboli 1955 SC - Bidi making is a Manufacturing Process. Ardeshir vs State of Bombay AIR 1962 SC - Salt making is a Manufacturing Process. Sec 2(l) Worker Any person employed directly or indirectly, for or without remuneration, with or without knowledge of the principle employer, working in a manufacturing process, or cleaning any part of machinery or premises of a manufacturing process, or any other kind of work incidental to or connected with the main manufacturing process or with the subject of manufacturing process. Includes exclusive electrical worker which otherwise falls under worker. State of Bombay vs Tamboli AIR 1955 Bom - Wages not necessary for being a worker. Shankar Balaji vs State of Mah AIR 1962 SC - not a worker because - no agreement of contract, no fixed time for work, work from home any time, leave any time. Only adherence to bidi specs is no issue.
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Provisions for Health, Safety, and Welfare of workmen in Factories Act, 1948
Sec 2(m) Factory 10+ people with power or 20+ people without power. Worked at any time in previous 12 months. Shifts/Relays are also counted as a person. Exceptions - Railway Running Shed, Mines, Hotel, Restaurants, Armed Forces, Any data processing unit that uses computers for office work and does not do manufacturing. Pragnarain v Crown 1928 - Factory means premises where anything towards making or finishing of an article is done up to a stage when it is ready for sale or is in suitable condition to be put in market. State of Bombay vs Ardeshir Hormosji Bhiwandiwala 1956 - land used for making salt is a factory. Sec 2 (c) Hazardous Process Any Process or activity in relation to an industry specified in first schedule where, unless special care is taken, raw materials used, final output, intermediary product, by product, waste, or effluent can cause material impairment to the health of a person working in the process directly or indirectly or causes environmental pollution.
The following sections 21 to 41 deal with the safety provisions for factory workers.
State of Gujarat vs. Jethalal 1964 SC - (Sec 21 Fencing of machinery. ) That someone without the approval or
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Provisions for Health, Safety, and Welfare of workmen in Factories Act, 1948
knowledge of the occupier has removed a safety mechanism, is no defense. Finch vs Telegraph Construction and Maintenance Co - (Sec 35 - Protection to eyes) - Only hanging of goggles is not enough but the workers must be informed of their whereabout.
The following sections 42 to 50 deal with the welfare provisions for factory workers.
Sec 42 Washing Facilities Sec 43 Facility for drying and storage of clothes Sec 44 Facility for sitting Sec 45 First Aid Appliances Sec 46 Canteen Bengal Water Proof Workers vs State of West Bengal 1970 - Held that the liability of a company is only to set up a canteen so that workers can take advantage of it. The terms and conditions of service of the staff of the canteen do not come under that liability. Sec 47 Shelter, rest rooms, and lunch rooms Sec 48 Creche Sec 49 Welfare Officer Sec 50 Power to make rules to supplement this chapter: This includes requiring any factory or class of factories to involve workers representatives in the management of welfare activities for the workers. It also allows the state to exempt certain factories from welfare provisions, provided that alternative arrangements are made.
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Provisions for Health, Safety, and Welfare of workmen in Factories Act, 1948
Sec. 68 - As per this section, a person who has completed 14th yr of age or is adolescent shall not be allowed to work in a factory unless he is certified by a surgeon. This certificate must be provided by a certifying surgeon as per section 69, and must be kept with the manager and the person should be given a token containing the reference of this certificate while working. Sec. 69 - A certifying surgeon should examine the person and issue a certificate of fitness upon request by the young person or his parents. If the child has completed 14th yr of age and has attained prescribed physical standards, he can be given the certificate of fitness to work as a child. If the child has completed 15th yr of age and is fit for full days work in the factory, he can be given the certificate to work as adult. Sec 70 says that even if a person has been given a certificate to work as an adult and who has not completed the age of 17 yrs, he can be allowed to work only between 6 AM to 7 PM. Sec. 71 - This section prohibits a child from working for more that 4 and a half hours in any day and only between 6am to 10pm. Further that a child will not be allowed to work in a day if he has worked in the same day in another factory. No female child is allowed to work except between 8 AM and 7 PM. Sec. 72 - Notice period of work for children. Sec. 73 - Register of child workers. Sec. 74 - No child shall be allowed to work except in the hours mentioned in the notice periods given in section 72 and 73. Sec. 75 - Power to require medical examination. An inspector has the power to serve a notice on the employer required that any person or young person shall be examined by a certifying surgeon. Sec. 76 - This section empowers the state govt. to formulate rules for physical standards, procedures, and other conditions for giving fitness certificate. Sec. 77 says that the regulations in this act are in addition to Employment of Children Act 1938.
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