3.3.

6 Labour Legislation 100 Marks

Course Content
1. Factories Act.
2. Shops & Establishment Act.
3. Payment of Wages Act.
4. Minimum Wages Act.
5. ESI Act.
6. Workmens Compensation Act
7. Payment of Bonus Act
8. Gratuity Act
9. Provident Fund Act & Misc Provision Act.
10. Industrial Dispute Act.
11. Industrial Employment Standing Orders.
12. Contract Labour (Regulation & Abolishing)
13. MRTU & PULP.
14. Apprenticeship Act

Factory Act
Session No. 1

Object of the Act
to regulate the conditions of work in
manufacturing establishments.-
health,
safety and
welfare of workers inside factories,
the hours of work,
the minimum age of workers,
leave with pay etc.




History of Factory Act
1. Great Britain passed in 1937.
2. 1881- The first Act, in India,
3. 1891,
4. 1911,
5. 1922,
6. 1934
7. and 1948


FACTORIES ACT, 1948
A Comprehensive law for the persons working at a
specific domain factories.
Regarded as one of the Benevolent, Noble and a
Comprehensive Labour Legislation which is in force in
our country.
Covers significant issues relating to the persons
employed in factories.
Secures - Safety
Health
Welfare
Regulates - Working Hours
Ensures - Annual leaves with wages
Provides - Additional protection
from hazardous processes
Additional protection to
women workmen
Prohibition of
employment of children
FACTORIES ACT, 1948
APPLICATION OF THE ACT
Came into force on 1st April 1949;
It applies to factories, as defined in and the, all over India,
Including the state of Jammu and Kashmir.
Unless otherwise provided, the Act is applicable to all Factories
viz., Private, State, Central, Government, Local Bodies etc.,
Under Section 85, the State Government is empowered to declare
any establishment carrying on a manufacturing process


Not Applicable to
mine
the Indian Mines Act, 1952 (Act XXXV of 1952), or
a mobile unit belonging to the armed forces
of the Union,
a railway running shed or
a hotel, restaurant or eating place.
DEFINITIONS
Factory.
Section 2 (m)
"Factory means 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 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.

Manufacturing Process.
Manufacturing Process.-
1. making, altering, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adopting
any article or substance with a view to its use, sale, transport, delivery or
disposal; or\

2. pumping oil, water, sewage or any other substance; or generating,
transforming or transmitting power; or
3. composing types for printing, printing by letter press, lithography,
photogravure or other similar processes or book binding ; or
4. constructing, reconstructing, repairing, refitting, finishing or breaking
up ships or vessels ; or
5. preserving or storing any article in cold storage.

6. laundries, ,carpet beating, or bottle washing , if mechanical power is
used.
Cont..
The scraping out of salt and grading them,
even though done by, manual labour, is a
manufacturing process.
bidi-making; conversion of raw-films into
finished products

Worker
."-Sec. 2(1), as amended in 1976.
"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

Power
Sec. 2(g).
"Power means electrical energy, or any other
form of energy which is mechanically
transmitted and is not generated by human or
animal agency."--
Cont
Adult. "Adult means a person who has
completed his eighteenth year of age".--Sec.
2(a). Adolescent. "Adolescent means a
person who has completed his fifteenth year
of age but has not completed his eighteenth
year. Sec. 2(b).
Child. ''Child means a person who has not
completed his fifteenth year of age." --Sec. 2 (
c) ..

definition
Shift and Relay. Where work of the same kind is
carried out by two or more sets of workers
working during different periods of the day, each
of such sets is called a "relay" and each of such
periods is called a "shift."-Sec. 2(r).
Occupier. "Occupier" of a factory means the
person who has ultimate control over the affairs
of the factory, and where the said affairs are
entrusted to a managing agent, such agent shall
be deemed to be the occupier of the factory.--
Sec. 2(n).

THE INSPECTI0N STAFF
Inspectors,
Chief Inspectors of Factories
Additional Chief Inspectors,
Joint Chief Inspectors and
Deputy Chief Inspectors.
Every District
Magistrate is an Inspector for his district
Powers of Inspectors
. Section 9

(a) enter, with such assistants, being persons in the service of the
Government or any local or other public authority, as he thinks fit,
and place which is used, or which he has reason to believe is used,
as a factory ;
(b) make examination of the premises, plant and machinery;
(c) require the production of any prescribed register and any other
document relating to the factory, and take on the spot or otherwise
statements of any person which he may consider necessary for
carrying out the purposes of the Act; and
(d) exercise such other powers as may be prescribed for carrying
out the purposes of this Act.

PROVISIONS REGARDING THE HEALTH OF
WORKERS
1. Cleanliness.
2. Disposal of wastes
3. Ventilation 'and Temperature.
4. Dust and Fume.
5. Artificial humidification.
6. Over Crowding.
7. Lighting.
8. Drinking water.
9. Latrines and Urinals.

PROVISIONS REGARDING THE SAFETY OF WORKERS
1. Fencing of machinery.
2. Work on or near machinery in motion.
3. Employment of young persons on dangerous
machines.
4. Striking gear and devices for cutting off power.
5. Self-acting machines
6. Casing of new machinery.
7. Women and children near cotton Openers.
Cont.
8. Hoists, lifts, chains etc
9. .Revolving machinery
10. Pressure plant.
. 11. Floors, stairs and means of access.
12. Pits, sumps. openings in floors etc.
13. Excessive weights
14. Protection of eyes.
15. Precautions against dangerous fumes.
16. Explosive or inflammable gas etc.
17. Precaution in case of fire
18. Specifications of defectives etc. and safety of buildings and
machinery.
19. Maintenance of Buildings
20. Safety Officers..


PROVISIONS REGARDING THE
WELFARE OF WORKERS

1. Washing
2. Storing and drying of wet cloths-
3. Sitting
4. First aid facilities.
5. Canteens.
6. Shelters, rest room and lunch room.
7. Creches.
8. Welfare officers.
9.. Rules
THE WORKING HOURS OF ADULTS


1. Weekly Hours.
2. Daily Hours.
3. Weekly holiday-
4. Intervals for Rest.
5. Spread over
6. Holiday for night shift
7. Overlapping shift
8. Double employment
9. Notice of period of Adult work


RESTRICTIONS ON THE EMPLOYMENT OF
WOMEN
(a) Maximum daily work- 9 hours:
(b) prohibition of night work -
(c) Change of shift-
Other restrictions:
1. Work on or near machinery in motion
2. Cotton openers
3. Excessive weights.
4. Creches.
5. Dangerous operations.
EMPLOYMENT OF YOUNG PERSONS
1) Employment of Children
2) Employment of adult scent-
1) Fitness certificate
2) Register of Adult scent
CHILD-LABOUR

prohibits the making of agreements to pledge the labour
of children and the employment of children whose labour
has been pledged.
The Children Act of 1938, 1960 and 1978
prohibit the employment of a child who has not completed his
fifteenth year of age in any occupation connected with the
transport of passengers, goods or mails by railway or connected
with a part authority Within the limits of any part.
The Act also prohibits the employment of a child, who. has not
completed his fourteenth year of age, in the processes set forth
in the schedule to the Act.
Children between 15 and 17 can be employed subject to certain
restrictions as regards their periods of rest etc

HOLIDAYS AND LEAVE
Weekly Holidays.
the first day of the week.
notice of substitution
Compensatory Holidays.
Annual Leave with Wages.
leave with wages to workmen
a period of 240 days or more in a factory during a calendar
year
(i) if an adult, one day for every twenty days of work per-
formed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work
performed by him during the previous calendar year.
Rules regarding the Annual Leave
Maternity leave
not more than 12 weeks
Case of discharged or dismissed, quits or dies
Fraction of leave for half a day
leave earned, but not taken
Time limit for submission of application
Not less than 15 days
in the case of public utility service
Not less than 30 days before such date.
If a worker becomes ill .
Frequency of leave-
Not be taken more than three times during the same year. .
Continuity of work-
'works committee
Lodged with the chief inspector and displayed in the factory. .


Wages during Leave Period
equal to the daily
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.
terminated by the
the second working day after such termination

EXTRA WAGES FOR OVERTIME
more than 48 hours in any week
rate of twice his ordinary rate of wages.-Sec 59(1)
on a piece rate basis
New worker

OBLIGATIONS OF WORKERS
(a) shall wilfully interfere with or misuse any appliance,
convenience or other things provided in a factory for the
purpose of securing the health, safety or welfare of the
workers therein,
(b) shall wilfully and without reasonable cause do anything
likely to dendanger himself or others; an
(c) shall wilfully neglect to make use of any appliance or other
thing provided in the factory for the purposes of securing
the health or safety of the workers therein.