FACTORIES ACT, 1948.

THE FACTORIES ACT, 1948.

INTRODUCTION

In India the first Factories Act was passed in 1881. This Act was
basically designed to protect children and to provide few measures for
health and safety of the workers. This law was applicable to only those
factories, which employed 100 or more workers. In 1891 another
factories Act was passed which extended to the factories employing 50
or more workers.
THE FACTORIES ACT, 1948.

Definition of a Factory:-

“Factory” is defined in Section 2(m) of the Act. It 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;
But does not include a mine subject to the operation of the Mines
Act,1952 or a mobile unit belonging to the Armed forces of
the Union, a railway running shed or a hotel, restaurant or
eating place.
THE FACTORIES ACT, 1948.

The following have held to be a factory:-

 Salt works

 A shed for ginning and pressing of cotton

 A Bidi making shed

 A Railway Workshop

 Composing work for Letter Press Printing

 Saw Mills

 Place for preparation of foodstuff and other eatables

THE FACTORIES ACT, 1948.

HIGHLIGHTS:

The Factories Act, 1948 came into force on the 1 st day of April,1949 and
extends to the whole of India. It was, in fact, extended to Dadra & Nagar
Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu &
Kashmir in 1970.

The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.
DEFINITIONS
 "Adult" means a person who has completed his eighteenth
year of age.

 "Adolescent" means a person who has completed his

fifteenth year of age but has not completed his eighteenth
year.

 "Child" means a person who has not completed his

fifteenth year of age.

 "Competent person", in relation to any provision of this

Act, means a person or an institution recognized as such
by the Chief Inspector for the purposes.
 "Calendar year" means the period of twelve months
beginning with the first day of January in any year.

 "Young person" means a person who is either a child or an

adolescent

 "Day" means a period of twenty-four hours beginning at

midnight

 "Week" means a period of seven days beginning at

midnight on Saturday night
"Power" means electrical energy, or any other form of energy
which is mechanically transmitted and is not generated by
human or animal agency

"Prime mover" means any engine, motor or other appliance

which generates or otherwise provides power

"Transmission machinery" means any shaft, wheel, drum,

pulley, system of pulleys. coupling, clutch, driving belt or other
appliance or device by which the motion of a prime mover is
transmitted to or received by any machinery or appliance
"Machinery" includes prime movers, transmission
machinery and all other appliances whereby power is
generated, transformed, transmitted or applied.

"Manufacturing process" means any process for-

(i) 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
(ii)Pumping oil, water, sewage or any other substance;
"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

"Occupier" of a factory means the person who has ultimate

control over the affairs of the factory.
THE FACTORIES ACT, 1948.

Some of the crucial Sections:

Sec. 6Registration & Renewal of Factories
 
To be granted by Chief Inspector of Factories
on submission of prescribed form, fee and plan.
THE FACTORIES ACT, 1948.

Employer to ensure health of workers pertaining to

  Cleanliness Disposal of wastes and effluents - Sec 12

  Ventilation and temperature dust and fume - Sec 13

  Overcrowding Artificial humidification Lighting – Sec. 14

  Drinking water , Spittoons. - Sec. 18


THE FACTORIES ACT, 1948.

Safety Measures
 
   Fencing of machinery – Sec. 21

    Work on near machinery in motion. – Sec 22

    Employment prohibition of young persons on dangerous machines. – Sec 23

    Striking gear and devices for cutting off power. – Sec 24

Self-acting machines.- Sec 25

·    Casing of new machinery.- Sec 26

·    Prohibition
• of employment of women and children near cotton-openers.- Sec 27

·    Hoists and lifts.- Sec 28.

THE FACTORIES ACT, 1948.

Welfare Measures

• Washing facilities – Sec 42

• Facilities for storing and drying clothing – Sec 43

• Facilities for sitting – Sec 44

• First-aid appliances – one first aid box not less than one for every 150 workers– Sec 45

• Canteens when there are 250 or more workers. – Sec 46

• Shelters, rest rooms and lunch rooms when there are 150 or more workers. – Sec 47

• Creches when there are 30 or more women workers. – Sec 48

• Welfare office when there are 500 or more workers. – Sec 49

THE FACTORIES ACT, 1948.

Working Hours, Spread Over & Overtime of Adults

 Weekly hours not more than 48 - Sec: 51

 Daily hours, not more than 9 hours. - Sec: 54

 Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55

 Overlapping shifts prohibited. - Sec: 58

 Extra wages for overtime double than normal rate of wages - Sec:59

 Restrictions on employment of women before 6AM and beyond 7 PM. - Sec: 60

THE FACTORIES ACT, 1948.

Annual Leave with Wages

• A worker having worked for 240 days @ one day for every 20 days
and for a child one day for working of 15 days.
Sec. 79
THE FACTORIES ACT, 1948.
Sec.92 to 106
OFFENCE PENALTIES

   For contravention of the Provisions    Imprisonment upto 2 years or fine
of the Act or Rules upto Rs.1,00,000 or both

   On Continuation of contravention    Rs.1000 per day

   On contravention of Chapter IV    Not less than Rs.25000 in case of

pertaining to safety or dangerous death.
operations.    Not less than Rs.5000 in case of
serious injuries.

   Subsequent contravention of some    Imprisonment upto 3 years or fine

provisions not less than Rs.10, 000 which may
extend to Rs.2, 00,000.

   Obstructing Inspectors    Imprisonment upto 6 months or

fine upto Rs.10, 000 or both.
   Wrongful disclosing result
pertaining to results of analysis.
   For contravention of the provisions
of Sec.41B, 41C and 41H pertaining to
compulsory disclosure of information
by occupier, specific responsibility of
occupier or right of workers to work
imminent danger.
   Imprisonment upto 6 months or
fine upto Rs.10, 000 or both.
   Imprisonment upto 7 years with
fine upto Rs.2,00,000 and on
continuation fine @ Rs.5, 000 per day.
  Imprisonment of 10 years when
contravention continues for one year.
THE FACTORIES ACT, 1948.

Thank You