THE FACTORIES ACT,1948

BY SANTOSH KUMAR SHARMA

Applicability
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The industries in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months - engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers employed in manufacturing process being carried out without the aid of power

Salient features
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Approval of Factory Building Plans before construction/extension, Factories Rules, 1950 2. Grant of Licences under the Delhi Factories Rules, 1950, and to take action against factories running without obtaining Licence. 3. Renewal of Licences granted under the Delhi Factories Rules, 1950, by the Dy. Chief Inspectors of Factories 4. Inspections of factories by District Inspectors of Factories, for investigation of complaints, serious/fatal accidents as well as suo moto inspections to check compliance of provisions of this Act relating to :Health, Safety, Welfare facilities, Working hours, Employment of young persons and annual Leave with wages etc.

Cont
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Employers are required to follow stringent licensing and safety measures. Factory is defined as a place where manufacturing process is carried out using 10 workers using electrical power or 20 workers without power. Manufacturing process also includes petrol pumps, retail workshops, handicraft industries etc. Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added making disclosures mandatory for hazardous processes. The working hours, leave , weekly days off and wages are similar to Shop and Establishment Acts- this is discussed later herein. Under the Act the occupier is responsible for all compliances and in the case of an incorporated company the Director on the board of the company must be designated for the purpose of an occupier. Failing which all directors could become liable.

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DEFINITIONS
Child:u/s-2(c) means a person who has not completed his fifteenth year of his age y Adolescent:u/s 2(b)-means a person who has completed his fifteenth year of age but not the eighteenth year. y ADULT:u/s 2(a)-means a person who has completed his eithteenth year of age. y Young Person:u/S 2(d)-means a person who is either a child or an adolescent.
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Definitions..
x Competent person:-In relation to any provision of this Act,means a person or an intitutions recognized as such by the chief inspector for the purpose of carrying out tests,examinations and inspections required to be done in a factory under the provisions of this Act having regard to-----(i)-the qualifications and experience of the person and facilities available at his disposal or (ii)- the qualifications and experience of the persons employed in such instututions and facilites available therein,with regard to the conduct of such test,examinations and inspections,and more than one person or institution can be recongnized as a competent person in relation to a factory.

Factory u/s-2(m)-u/s-2(m)-Means any premises including the precincts thereof (i) Whereon ten or more workers are working or were working on any day of the preceeding twelve months, and in any part of which a manufacturing process is being carried on with the aid or power,or is ordinarily so carried on.
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CONT.
(ii)-where on 20 or more workers are working or working on any day of the preceeding 12months 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.
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Explanations.
Explanation-I for computing the numbers of workers for this clause,all the workers in a day shall be taken into account whether in different groups and relays. y Explanation-II mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof, shall not be contsrued to make it a factory if not manufacturing process is being carried on in such premises or part thereof.
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worker u/s2(l)
Means a person employed directly or by or through any agency including a contractor with or without the knowledge of the principal employer y 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.
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Manufacturing process u/s-2(k) u/sMeans any process (i)making,altering,repariring,ornamenting,finishin g, packing, oiling, washing,cleaning, breakingup,demolishhing, 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, or

Continue..
(iii)-generating, transforming or transmitting power, or (iv)-Composing types for printing, printing by letter press, lithography, photogravaure of other similar process or book-binding, (v)-constructing,reconstructing, repairing, refitting, finishing or breaking up ships or vessels or (vi)-preserving, or storing any article in cold storage,

U/S-2(n)U/S-2(n)-OCCUPIER
Occupier of a factory means the person,who has ultimate control over the affairs of the factory(i)-in the case of a firm or other association of individuals, any one of the individual partners, (ii)-in case of the company, any directory (iii)-in case of factory owned by central govt.or state govt.the person appointed to manage the affairs of the company But in case of ship repairement,dock owner.or owner of the ship or agent or incharge of that.

Factories Act, 1948

a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. y being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
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General duties of occupier u/s-7A u/sTo ensure the health safety and welfare of all its workers.This duty extends to -Proper maintenance of plant and system -The riskfree and safe arrangement of handling, storing and transporting articles, -Provide the necessary information necessary for the work to so safely -proper monitoring and maintenance. y Prepare a written statement of his general policies with respect to health and safety.
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General duties of manufacturers as regards articles

 Ensure

as to the safety of article for the use of workers when properly used to their health.  To carry out all tests and examination, necessary for the effective implementation safety provisions  To provided adequate information regarding use of articles, tests and designed and about the conditions which ensure safety.

THE INSPECTING STAFF U/S-8 U/SSTATE

GOVE BY NOTIFICATION IN THE OFFICIAL GAZZETTE MAY APPOINT AS MANY AS REQUIRED AND AS CHIEF INSPECTOR,ADDITIONAL CHIEF INSPECTOR,JOINT CHIEF INSPECTOR AND DEPUTY INSPECTOR. EVERT DM IS INSPECTOR FOR THIS PURPOSE. THEY ARE PUBLIC SERVANT. STATE GOVT.SHALL DECIDE THEIR DUTIES ,RIGHTS & POWERS.

POWERS OF INSPECTORS
To

enter in the factory premises. To make examinations of plant machinery, article,substances etc. To enquire into the accident,disability, statements on the spot . To see the register or other documents. Seize r take copies of other relevant docs. To direct the occupier and manufacturer. To take measurements and photographs. To dismantle the dangerous article from fact.

CERTIFYING surgeon. U/S-10 U/SThe state govt. may appoint any persom who is qualified medical practitioner. y He may exercise any of the designated function and authority and may specify them. y No interested person shall be appointed in the same factory as the medical practiontioner. if any practitioner becomes occupier or otherwise in the employment of the factory. Provided that the state govt may exempt any person or any class of persons from this application.
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Duties of certifying surgeon

Examination and certification of young persons. y Examinations of such persons engaged in the factory in dangerous processes y Exercise such medical supervision as prescribed like a) Cases of illnes, and their reasons. b) If any likelihood of injury by process or article c) Young persons are employed and it may be dangerous to their health.
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HEALTH PROVISION .(SEC 11-20) 11y y y y y y y y y y

CLEANLINESS ARTIFICIAL HUMIDIFICATION OVERCROWDING LIGHTING DRINKING WATER LATRINES AND URINALS SPITTONS. DISPOSAL OF WASTE AND EFFLUENTS. VENTILATION AND TEMPERATUTE DUST AND FUMES.

SAFETY (SEC.21-40) (SEC.21y y y y y y y y

FENCING OF MACHINERY WORK ON OR NEAR MACHINERY EMPLOYMENT OF YOUNG PERSONS NEAR MACHINES STRIKING GEAR AND DVICES FOR CUTTING OF POWER SELF ACTING MACHINES CASING OF NEW MACHINERY PROHIBITION OF EMPL.OF WOMEN AND CHILDREN NEAR COTTON OPNERS HOISTS AND LIFTS

CONT..
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LIFTING MACHINES,CHAINS,ROPES AND LIFTING TACKLES. REVOLVING MACHINERY PRESSURE PLANT FLOORS,STAIRS AND MEANS OF ACCESS PITS,SUMPS,OPENINGS IN FLOORS,ETC. EXCESSIVE WEIGHTS. PROTECTION OF EYES. PRECAUTIONS AGAINST DANGEROUS FUMES,GASES. PRECAUTION REGARDING THE THE USE OF PORTABLE ELECTRIC LIGHT.

CONT..
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EXPLOSIVE PARTS OF TESTS OR INFLAMMABLE DUST,GAS ETC. PRECAUTIONS IN CASE OF FIRE. POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OF TEST OR STABILITY. SAFETY OF BUILDINGS AND MACHINERY. SAFETY OFFICERS. POWER TO MAKE SAFETY RULES FOR THIS PURPOSE.

Welfare provisons. provisons.

Washing facilities. y Facilities for storing and drying clothing y Facilities for sitting y Firs aid appliances y Canteens y Shelters,rest room,lunch room y Creches y Welfare officers
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Working hours of adults (sec-51-66) (sec-51Weekly Hour:- not more than 48 hours/week. y Weekly holidays-first day of week shall be off. y Compensatory holiday:- If any workder is deprived of any provided holiday he shall be given compensatory holiday in lieu of that. y Daily hours:- No adult worker shall be allowed to work in the factory more than nine hours in any day.
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Cont.
Intervals for rest:--at least half an hour rest must be provided after every working period of five hours. y The period of work shall be so arranged that including intervals for rest working hour shall not spreadover more than ten and a half hours in a day. y Night-shifts:-- A day is equal to 24 hours and starts when shift ends.working hours after mid-night shall be counted in previous day.
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Cont----Cont----Prohibition of overlapping shifts y Extra wages for overtime- where a worker works more than 9 hours a day or more than 48 hours in a week, he shall be entitled to receive twice the rate of ordinary wages for overtime. --ordinary wages means the basic wages plus such allowances,including the cash equivalent of the advantage accruing .
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Cont--Cont--Restrictions on double employment. y Notice of periods of works for adults. y The register of adult workers. y Restriction on employment of women:-No exemption regarding nine hour working in regard of women. -No women to work in the factory except between 6 a.m. to 7 p.m. -There shall be no change of shift except weekly holiday or any other holiday.
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EMPLOYMENT OF YOUNG PERSONS

No child required to work upto 14 year. y Non adult workers to carry tokens.this shall be given in furtherance of certificate given by medical surgeon. y Certificate of fitness. On application. y Working hours for children -Not more than four hours in any day -during the night.
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CONT---CONT----shift shall not be changed oftenly,once in 30 days. -Any female child between 8 am to 7 pm. Notice of periods of works for children. Register of child worker. Hours of works to correspond with provisions of this Act. Power to require medical examination.

ANNUAL LEAVE AND WAGES.

These provisions are not applicable where central govt. rules are applicable. y Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of a. If an adult one day for every 20 days performed by him during previous year.
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Cont
b.If worker is child one day for every 15 day work performed. But these shall be deemed as worker has worked in the factory for the purpose of computation of 240 days. i.lay-off or by agreement or contract, ii.Maternity leave not exceeding 12 weeks. iii.The leave earned in the year

Cont..
Leaves not taken shall be carry forward. But shall not exceed 30 days if not by any scheme. y Worker has to apply not less than 15 days before the date he wishes to go on leave. y But in case of illness he has not to apply. y If worker is terminated before he avail the due leave he shall be paid the amount. y Unaviled leave shall not be computed in his period of notice in case of termination.
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Wages during leave period

Entitled to the equal wage at daily average of his total full time working. y If has not worked on any day during the calender month immediately preceding his leave the cash equivalent of the advantage on the basis of. y Standard family-wife-husband-2 children upto 14 years y Adult consumption unitmeans for above 14 age .8 and upto 14 .6/unit.
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Cont.
Advance payment in certain cases-4days earlier to adult and 5 days earlier to child. y Unpaid wages shall be recoverable as per provisions of Payment of wages Act.
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Penalties and Procedure

Any person who contravenes the provisions of Section 93 shall be punished with imprisionment which may extent to 2 years and with fine which may extend to one lakh Rupees. y If the offence is repeated the imp. Shall extend to 3 years and fine not less than ten thousand rupees and may extend to two lakh rupees.
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