Professional Documents
Culture Documents
4.1 INTRODUCTION
Labour welfare refers to the efforts made by the employers to improve the
working and living conditions over and above the wages paid to them. In its
widest sense it comprises all matters affecting the health, safety, comfort and
general welfare of the workmen, and includes provision for education,
recreation, thrift schemes, convalescent homes”. It covers almost fields of
activities of workers e.g., social, economic, industrial and educational.
More specifically, the term ‘Labour Welfare’ refers to the facilities provided to
workers inside and/or outside the factory premises such as canteens, restrooms,
recreation facilities, housing and all other services such as health, education etc.
that significantly contribute to the general wellbeing of the workers.
In the early stages of industrialization, welfare activities for factory workers
did not receive adequate attention from any corners. Employers were not
inclined to accept the financial burden of welfare activities. Wherever
employers provided for such amenities, it was more with a paternalistic
approach to labour rather than recognition of workers’ needs. Hence the state
had to intervene, in discharge of its welfare responsibility, by using its
persuasive powers and/or by enforcing legislation, where persuasion failed.
Compulsory provisions are thus incorporated in the Factories Act, 1948 with
respect to the health, safety and welfare of workers engaged in the
manufacturing process. In the previous lesson (unit-2), we have studied the
jargon, definitions and characteristics of terms involved with factories. Further,
the provisions for wellbeing (particularly, health and safety) of factory workers
are introduced under the duties and responsibilities of occupier and manager.
In this lesson, we shall discuss in detail about the wages and welfare measures
for workers in factories.
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Objectives
After studying this unit, you should be able to
Describe various provisions for the workers’ welfare through their
health and safety under Factories Act – 1948
Discuss various sections on the welfare activities for workers as
specified under Factories Act – 1948
Explain the employment rules for adults and women
Explicate the restrictions and rules for the employment of young
persons and children
Narrate the working hours and leave rules for employees working in a
factory
Before discussing about the welfare measures for factory workers, we shall
briefly review the origin and development of the Factories Act, because the
very reason for evolving this act is – ‘The Welfare’
The Origin
In Great Britain, there was a rapid growth of industrial towns & factories
during the second half of the 18th century. As these factories were set up
virtually without proper planning, most of the cases, the factories used to run
on ad hoc basis. Even women as well as their children were also employed in
the factories where they needed to work for more than 12 hours a day. Some of
the employers however, took initiative to implement labour legislations for the
wellbeing of its workers and as a result, the Factories Act came into existence
in 1819. After some modifications, the final amended of Factories Act took
place in 1948.
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 employee 50 or more workers.
The Objectives of Factories Act
The Factories Act, 1948 was brought in with the following objectives:
To ensure adequate safety measures and
To promote the health and safety and welfare of the workers employed
in factories.
The act also makes provisions regarding employment of women and
young persons
Annual leave with wages etc.
[Note: The Act extended to whole of India including Jammu & Kashmir and
covers all manufacturing processes and establishments falling within the
definitions of “factory” as defined u/s 2(m) of the act. Unless otherwise
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provided it is also applicable to factories belonging to Central/State
Government (section 116)]
How Does ‘The Act’ Act?
The Factories Act-1948 (Act No. 63 of 1948), as amended by the Factories
(Amendment) Act, 1987 (Act 20 of 1987), serves to assist in formulating
national policies in India with respect to occupational safety and health in
factories and docks in India. It deals with various problems concerning safety,
health, efficiency as well as and well-being of the persons at work places and
acts as follows.
The Act is administered by the Ministry of Labour and Employment in India
through its Directorate General Factory Advice Service & Labour Institutes
(DGFASLI) and by the State Governments through their factory inspectorates.
DGFASLI advises the Central and State Governments on administration of /
adherance to the Factories Act, in coordination with the factory inspection
services in the States.
The Act is applicable to any factory using power & employing 10 or more
workers and if not using power, employing 20 or more workers 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 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 this does not include a mine, or a mobile unit belonging to the armed
forces of the union, a railway running shed or a hotel, restaurant or eating place.
Who Are Factory Workers?
At the outset, the act defined various terms used in the factory. The most
important two terms, for our discussion here are ‘the factory’ and ‘the
manufacturing processes’. We shall recall their definitions to know who are
called factory workers and also to describe who are covered under this act.
[The Act makes detailed provisions in regard to various matters relating to
health, safety and welfare provisions. These are already discussed in the unit –
2. However, for ready reference, we shall briefly discuss here and recall them].
Factory
“Factory” is defined in section 2(m) of the Act. It means any premises
including the precincts thereof-
Whereon 10 or more workers are working, or were working on any day
of the preceding 12 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
Whereon 20 or more workers are working, or were working on any day
of the preceding 12 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.
Manufacturing Process
“Manufacturing process” means any process for-
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SAQ 1
a) Give a brief history, origin and development of the Factories Act
– 1948.
b) Define and explain the term ‘factory’.
c) Define and explain the term ‘manufacturing processes’. List out
various processes under it as specified under Factories Act.
d) Enumerate the objectives of Factories Act
e) What do you understand by the term ‘Factory Worker’? explain
in detail.
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Chapter Contents
CHAPTER IV – Safety
CHAPTER XI – Supplemental
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ii. Where the nature of work carried on in the factory generates
excessively high temperature, following measures should be
adopted to protect the workers:
(a) by separating such process from the workroom; or
(b) insulating the hot parts; or
(c) adopting any other effective method which will protect
the workers.
iii. The Chief Inspector is empowered to direct any factory to adopt
such methods which will reduce the excessively high temperature.
In this regard, he/she can specify the measures which in his/her
opinion should be adopted (Sec. 13).
Dust and fume (Sec. 14)
There are certain manufacturing processes like cement, chemical,
textile or jute, etc., which generates lot of dust, fume or other impurities.
It is injurious to the health of workers employed in such manufacturing
process. The following measures should be adopted in this respect:
i. Effective measures should be taken to prevent the inhalation and
accumulation of dust, fumes etc., in the work-rooms.
ii. Wherever necessary, the exhaust appliances should be fitted, as
far as possible, to the point of origin of dust fumes or other
impurities. Such point shall also be enclosed as far as possible.
iii. In stationary IC engines, the exhaust should be connected into the
open air.
iv. In cases of other internal combustion engine, effective measures
should be taken to prevent the accumulation of fumes there from.
(Sec. 14).
v. It may be pointed that the evidence of actual injury to health is
not necessary. If the dust or fume produced during the
manufacturing process is so high that it is injurious or offensive to
the health of the workers employed therein, an offense is
committed under this Section. Lastly the offense committed
would be considered a continuing offense until and unless the
deficiency is rectified.
REPEATATION
Artificial Humidification (Sec.15)
Humidity means presence of moisture in the air. In certain industries like
cotton, textile, cigarette, etc., higher degree of humidity is required for carrying
out the manufacturing process. For this purpose, humidity of the air is
artificially increased. This increase or decrease in humidity adversely affects
the health of workers.
Artificial creation of humidity is employed, particularly in India in cotton
textile mills and in cigarette making factories. In respect of factories, where
humidity of the air is artificially increased, the State Government
is empowered to make rules under Section 15(1) as under:
prescribing the standards of humidification,
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every factory must provide and maintain sufficient and suitable lighting,
that may be either natural, or artificial or both, in every part of the
factory where workers are working or passing through;
effective provisions should be made for the prevention of glare from a
source of light or by reflection from a smooth or polished surface;
formation of shadows, which may be causing eye-strain or the risk of
accident to any worker, should be prevented; and
the state government is empowered to lay down standard of sufficient
and suitable lighting for factories for any class or description of
factories or for any manufacturing process.
Drinking Water (Sec. 18)
In the factories employing more than 250 workers, provisions shall be made
for cooling drinking water during hot weather by effective means, and for its
distribution. Section 18 makes following provisions with regard to drinking
water.
every factory should make effective arrangements for sufficient supply
of drinking water for all the workers in the factory;
water should be wholesome, i.e., free from impurities;
water should be supplied at suitable points convenient for all the
workers;
no such points should be situated within six meters of any washing
place, urinals, latrine, spittoon, open drain carrying silage or effluent or
any other source of contamination, unless otherwise approved
in writing by the Chief Inspector;
all such points should be legibly marked ‘Drinking Water’ in a
language understood by majority of the workers;
in case where more than 250 workers are ordinarily employed, effective
arrangements should be made for cooling drinking water during hot
weather. In such cases, arrangements should also be made for the
distribution of water to the workers; and
the State Government is empowered to make rules for the compliance
of above stated provisions and for the examination, by prescribed
authorities, of the supply and distribution of drinking water in factories.
Every factory shall make suitable arrangement for the provision of
latrines and urinals for the workers. These points as stated below, are
subject to the provisions of Section 19 and the rules laid down by the
State Government in this regard.
The State Government is empowered to make rules in respect of following:
prescribing the number of latrines and urinals to be provided based on
the number of male and female workers ordinarily employed in the
factory.
any additional matters in respect of sanitation in factories;
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SAQ 2
a) List out various provisions for health of workers under the
Factories Act – 1948.
b) Briefly explain the provisions specified under chapter III of
the Factories Act – 1948.
c) Discuss the sections 11 to 20 of the Factories Act – 1948.
d) Write short notes on maintaining the following facilities in
factory with respect to the Factories Act – 1948
i. Temperature and ventilation
ii. Artificial Humidification
iii. Lighting
e) Discuss the provisions regarding the following under the
Factories Act – 1948
i. Cleanliness
ii. Disposal of waste and refuse
iii. Overcrowding
f) Discuss the provisions regarding the facility of drinking
water under the Factories Act – 1948.
g) Explain the provisions of facilities of latrines, urinals and
spittoons as specified under the Factories Act.
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every dangerous part of any other machinery unless they are in safe
position.
Safety measures in case of work on or near machinery in motion (Sec.22)
Section 22 lays down the procedure for carrying out examination of any part
while it is in motion or as a result of such examination to carry out the
operations mentioned under clause (i) or (ii) of the proviso to Section 21(1).
Such examination or operation shall be carried out only by specially trained
adult male worker wearing tight fitting clothing (which shall be supplied by the
occupier) whose name has been recorded in the register prescribed in this
regard and who has been furnished with a certificate of appointment while he
is so engaged. Thus the important provisions are
a) Examination shall be carried out only by specially trained male workers
b) Should wear tight fitting clothes
c) Such worker shall not handle a belt at moving pulley
d) No woman or young person shall be allowed to clean, lubricate or
adjust any part of prime mover. Section 22(2)].
Employment of young-persons on dangerous machines (Sec.23):
Section 23 provides that young person shall be required or allowed to work at
any machine to which he has been fully instructed as to the dangers arising in
connection with the machine and the precautions to be observed and-
has received sufficient training in work at the machine, or
is under adequate supervision of a person who has a thorough
knowledge and experience of the machine.
Striking gear and devices for cutting off power (Sec. 24)
Section 24 provides that in every factory suitable striking gears or other
efficient mechanical appliances shall be provided and maintained and used to
move driving belts to and from fast and loose pulleys which form part of the
transmission machinery and such gear or appliances shall be so constructed,
placed and maintained as to prevent the belt from creeping back on the fast
pulley. Further, driving belts when not in use shall not be allowed to rest or
ride upon the shaft in motion.
Suitable devices for cutting off power from running machinery in emergencies
shall be provided and maintained in every work-room in every factory. It is
also provided that when a device which can inadvertently shift from ‘off’ to
‘on’ position in a factory, cut off power arrangements shall be provided for
locking the device on safe position to prevent accidental start of the
transmission machinery or other machines to which the device is fitted.
Self-acting machines (Sec. 25)
Section 25 provides further safeguard for workers from being injured by self-
acting machines. It provides that no traverse part of self-acting machine in any
factory and no material carried thereon shall, if the space over which it runs is
a space over which any person is liable to pass whether in the course of his
employment or otherwise, be allowed to run on its outward or inward traverse
within a distance of forty five centimetres from any fixed structure which is
not part of the machines.
However, Chief Inspector may permit the continued use of a machine installed
before the commencement of this Act, which does not comply with the
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requirement of this section, on such conditions for ensuring safety, as he may
think fit to impose.
Casing of New Machinery (Sec. 26)
Section 26 provides further safeguards for casing of new machinery of
dangerous nature. In all machinery driven by power and installed in any
factory
every set screw, bolt or key on any revolving shaft, spindle, wheel or
pinion shall be so sunk, encased or otherwise effectively guarded as to
prevent danger;
all spur, worm and other toothed or friction gearing which does not
require frequent adjustment while in motion, shall be completely
encased unless it is so situated as to be so safe as it would be if it were
completely encased.
Prohibition of employment of woman and children near cotton openers
(Sec. 27)
According to Section 27, no child or woman shall be employed in any part of
factory for pressing cotton in which a cotton opener is at work. However, if the
feed-end of a cotton opener is in a room separated from the delivery end by a
partition extending to the roof or to such height as the inspector may in any
particular case specify in writing, women and children may be employed on
the side of partition where the feed-end is situated.
Hoists and lifts (Sec. 28):
Section 28 provides that in every factory:
i. every hoist and lift shall be of good mechanical construction, sound
material and adequate strength. It shall be properly maintained and
thoroughly examined by a competent person at least once in every
period of six months and a register shall be kept containing the
prescribed particulars of all such examination,
ii. every hoist way and lift way shall be sufficiently protected by an
enclosure fitted with gates and the hoist or lift and every such enclosure
shall be so constructed as to prevent any person or thing from being
trapped between any part of the hoist or lift and any fixed structure or
moving part,
iii. the maximum safe working load shall be marked on every hoist or lift
and no load greater, than such load shall be carried thereon,
iv. the cage of every hoist and lift shall be fitted with a gate on each side
from which access is afforded to a landing,
v. such gates of the hoist and lift shall be fitted with interlocking or other
efficient device to secure that the gate cannot be opened except
when the cage is at the landing and that the cage cannot be moved
unless the gate is closed.
Lifting machines, chains, ropes and lifting tackles (Sec. 29)
In terms of Section 29, in any factory the following provisions shall be
complied with respect of every lifting machine (other than a hoist and lift) and
every chain, rope and lifting tackle for the purpose of raising or lowering
persons, goods or materials:
all parts including the working gear, whether fixed or movable, shall be
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Pits, openings in floors etc.
Section 33 requires that in every factory every fixed vessel, sump, tank, pit or
opening in the ground or in a floor which, by reason of its depth, situation,
construction, or contents is or may be source of danger shall be either securely
covered or securely fenced. The State Government may exempt any factory
from the compliance of the provisions of this Section subject to such
conditions as it may prescribe.
Excessive weights
Section 34 provides that no person shall be employed in any factory to lift,
carry or make any load so heavy as to be likely to cause him injury. The State
Government may make rules prescribing the maximum weights which may be
lifted, carried or moved by adult men, adult women, adolescents and children
employed in factories or in any class or description of factories or in carrying
on any specified process.
Protection of eyes (Sec. 35):
Prescribed precautionary measures should be taken while carrying out a jobs
which involves risk of injury to the eyes from particles or fragments thrown off
in the course of the process, or risk to the eyes by reason of exposure to
excessive light. Effective screens or suitable goggles shall be provided for the
protection of persons employed.
Section 35 requires the State Government to make rules for providing the
effective screens or suitable goggles for the protection of persons employed on
or in immediate vicinity of any such manufacturing process carried on in any
factory which involves
risk of injury to the eyes from particles or fragments thrown off in the
course of the process, or
risk to the eyes by reason of exposure to excessive light.
Precautions against dangerous fumes, gases, etc (Sec. 36)
Section 36 provides
that no person shall be required or allowed to enter any chamber,
tank, vat, pit, pipe, flu or other confined space in any factory in
which any gas, fume, vapor or dust is likely to be present to such an
extent as to involve risk to the persons unless it is provided with a
manhole of adequate size or other effective means of egress.
No person shall be required or allowed to enter any confined space
as is referred to in sub-section (1), until all practicable measures
have been taken to remove any gas, fume, vapour or dust, which
may be present so as to bring its level within the permissible limits
and to prevent any ingress of such gas, fume, vapor and unless:
a certificate in writing has been given by a competent
person, based on a test carried out by himself that the space
is reasonably free from dangerous gas, fume, vapor or dust;
or
such person is wearing suitable breathing apparatus and a
belt securely attached to a rope, the free end of which is
held by a person outside the confined space.
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No person shall be allowed to enter any chamber, tank, vat, pit, pipe, flue or
other confined space in any factory in which any gas, fume, vapour or dust is
likely to be present.
Precautions regarding the use of portable electric light
Section 36A of the Act provides that in any factory
no portable electric light or any other electric appliance of voltage
exceeding 24 volts shall be permitted for use inside any chamber, tank,
vat, pit, pipe, flu or other confined space unless adequate safety devices
are provided; and
if any inflammable gas, fume or dust is likely to be present in such
chamber, tank, vat, pit, pipe, flu or other confined space unless
adequate safety devices are provided, no lamp or light other than that of
flame proof construction shall be permitted to be used therein.
Explosive or inflammable dust gas, etc.
Sub-section (1) of section 37 of the Act provides that in every factory where
any manufacturing process produces dust, gas, fume or vapor of such character
and to such extent to be likely to explode on ignition, all practicable measures
shall be taken to prevent any such explosion by
effective enclosure of the plant or machinery used in the process
removal or prevention of the accumulation of such dust, gas fume or
vapor, and
exclusion or effective enclosure of all possible sources of ignition.
Precautions in case of fire
Section 38 provides that in every factory all practicable measures shall be
taken to prevent/restrict outbreak of fire and its spread, both internally and
externally and to provide and maintain
safe means of escape for all persons in the event of fire, and
the necessary equipment and facilities for extinguishing fire.
Effective measures shall be taken to ensure that in every factory all the workers
are familiar with the means of escape in case of fire and have been adequately
trained in the outline to be followed in such case.
Power to require specification of defective parts or test to stability
Section 39 states that when the inspector feels that the conditions in the factory
are dangerous to human life or safety he may serve on the occupier or manager
or both notice in writing requiring him before the specified date to furnish such
drawings, specifications and other particulars as may be necessary to
determine whether such building, machinery or plant can be used with safety
or to carry out such test in such a manner as may be specified in the order and
to inform the inspector of the results thereof.
Safety of buildings or machinery
Section 40 provides that the inspectors in case of dangerous conditions of
building or any part of ways, machinery or plant requires the manager or
occupier or both to take such measures which in his opinion should be adopted
and require them to be carried out before a specified date. In case the danger to
human life is immediate and imminent from such usage of building, ways of
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machinery he may order prohibiting the use of the same unless it is repaired or
altered.
Maintenance of buildings
Section 40-A provides that if it appears to the inspector that any building or
part of it is in such a state of disrepair which may lead to conditions
detrimental to the health and welfare of workers he may serve on the manager
or occupier or both, an order in writing specifying the measures to be carried
out before a specified date.
Safety officers
Section 40-B provides that in every factory (i) where 1,000 or more workers
are ordinarily employed or (ii) where the manufacturing process or operation
involves risk of bodily injury, poisoning or disease or any other hazard to
health of the persons employed therein, the occupier shall employ such number
of safety officers as may be specified in the notification with such duties and
qualifications and conditions of service as may be prescribed by State
Government.
Power to make rules to supplement this Chapter.
This is vested in the State Government under Section 41 for such devices and
measures to secure the safety of the workers employed in the factory.
SAQ 3
a) List out various provisions for safety of workers under the Factories
Act – 1948.
b) Briefly explain the provisions specified under chapter IV of the
Factories Act – 1948.
c) Discuss about any five sections between 22 to 41 of the Factories Act
– 1948.
d) Write short notes on maintaining the following facilities in factory
with respect to the Factories Act – 1948
i. Fencing of Machinery
ii. Dangerous Machinery
iii. Revolving Machinery
e) Discuss the provisions regarding the following under the Factories
Act – 1948
i. Building construction
ii. Lifting machinery
iii. Hoists and cranes
f) Discuss the provisions regarding the welfare and safety of worker
working on machinery run by electrical power, under the Factories
Act – 1948
g) Explain the provisions of facilities to be provided in complying with
the safety and welfare in the process of protecting eyes as specified
under the Factories Act.
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Chapter III (Sections 11 to 20) and IV (Sections 21 to 41) of the Factories Act,
1948, deal with the provisions relating to the health and safety of the workers
in a factory which may be considered as welfare of workers in an indirect
manner. We shall now see the direct welfare provisions.
There are many welfare provisions mentioned under the Act such as - Washing
Facilities (sec.42); Facilities for Storing & Drying clothing (sec.43); Facilities
for Sitting (sec.44); First Aid facilities (sec.45); Canteens (sec.46); Shelters,
Rest Rooms & Lunch Rooms (sec.47); Creches (sec.48); Welfare Officers
(sec.49) etc.
Labour welfare is an important aspect of the national programmes, which are
related to the improvement of the conditions of the workers, providing them
with basic amenities of life and establishing proper working conditions in the
respective work places. Although in modern industrial age, the importance of
technical machines is increasing day by day but, in no way it should be at cost
of the labours. Though the efficiency of the workers depends to a great extent
on the quality of machines but at the same time, the effectiveness of machines
too, hugely depends upon the efficiency of the workers. There are various
factors like suitable working condition, adequate food stuff, education and
entertainment etc. which have direct influence on the efficiency of the workers.
Naturally, these welfare provisions, which play significant roles in these areas,
are enlisted in the Factory Act 1948. These are shown below:
Washing Facilities (Sec. 42)
In every factory adequate and suitable facilities for the washing shall be
provided and maintained for the use of the workers there in. Such facilities
must include soap and nail brushes or other suitable means of cleaning and the
facilities should be conveniently accessible and shall be kept in a clean and
orderly condition. In case female staff is also engaged at work, separate
facilities should be provided and so enclosed or screened that the interiors are
not visible from any place where the persons of the other sex work or pass.
Facilities for Storing and Drying Clothing (Sec. 43):
There should be suitable places for keeping the clothing not worn during
working hours and for the drying of the wet clothing. In case of workers
working on certain dangerous operations like, lead process lining; tanning of
raw hides and skins etc suitable places for keeping the clothing not worn
during the working hours and for drying of wet clothing separately shall be
provided and maintained.
Facilities for Sitting (Sec. 44):
In every factory suitable arrangement for the sitting shall be provided and
maintained for all the workers obliged to work in standing position in order
that they take advantage of any opportunity of rest which may occur in course
of their work.
First-Aid Appliances (Sec. 45)
First-aid boxes, equipped with all the prescribed contents, should be made
available and easily accessible during the working hours in the factory. The
number of such boxes or cupboards to be provided and maintained shall not be
less than one for every one hundred and fifty workers ordinarily employed. All
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such boxes and cup boards shall be kept in the charge of a responsible person
who is trained in the first aid treatment and who shall always be available
during the working hours of the factory.
In every factory where more than 500 workers are employed, provision of
ambulance with prescribed size and equipments should be there. The
ambulance shall be under the control of qualified medical practitioner assisted
by at least one qualified nurse and such number of staffs as may be prescribed
For factories in which the number of persons employed does not exceed ten or
does not exceed fifty persons in case of factories in which mechanical power is
not used - first aid box shall contain the following equipments:
6 small sterilized dressings.
3 medium size sterilized dressings.
3 large size sterilized dressings.
3 large size sterilized burn dressings.
1 (1 oz.) bottle containing a two per cent, alcoholic solution of iodine.
A snake-bite lancet.
1 (1 oz.) bottle of potassium permanganate crystals.
1 pair scissors.
1 copy of the first aid leaflet issued by the Chief Adviser, Factories,
GoI.
Tables aspirin (5mg) One dozen.
Burn Ointment (One tube).
About 2 ozs. Cleaning/ Antiseptic lotion (Dettol / Phenyl)
Canteens (Sec. 46)
In a factory wherein more than two hundred and fifty workers are ordinarily
employed, a canteen or canteens shall be provided. Besides the foodstuffs to be
served therein, the construction, accommodation, furniture and other
equipment of the canteen should be of good standards. Food, drinks and other
items served in the canteen should be sold on a non-profit basis and the price
charged are subject to the canteen managing committee which shall be
appointed by the manager and should contain equal number of members
appointed by manager and selected by the workers. In no case number of
workers will be less than 2 and will not exceed limit of 5 workers. Committee
will be consulted from time to time for the quality, quantity and menu etc.
Shelters, Rest Rooms and Lunch Rooms. (Sec. 47):
(i). In every factory wherein more than one hundred and fifty workers are
ordinarily employed, adequate and suitable shelters or rest-rooms and a
suitable lunch-room, with provision for drinking water, where workers
can eat meals brought by them, shall be provided and maintained for
the use of the workers, provided that any canteen maintained in
accordance with the provisions of section 46 shall be regarded as part
of the requirements of this sub-section: Provided further that where a
lunch-room exists no worker shall eat any food in the work-room.
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SAQ 4
a) List out various provisions for welfare of workers under the
Factories Act – 1948.
b) Briefly explain the provisions specified under chapter V of the
Factories Act – 1948.
c) Discuss about any five sections, between 41 to 49 of the Factories
Act – 1948.
d) Write short notes on maintaining the following facilities in factory
with respect to the Factories Act – 1948
i. Canteen
ii. Lunch rooms
iii. Creche
e) Discuss the provisions regarding the following under the Factories
Act – 1948
i. Sitting facility
ii. Storing and drying
iii. Washing and cleaning
f) Discuss the provisions regarding the welfare of women employees
under the Factories Act – 1948
g) Explain the provisions of welfare activities or facilities outside the
factory as prescribed under the Factories Act.
h) Explain about providing the facility of first aid as a welfare measure
in factory? List out at least eight items to be kept in the first aid box.
Confidential Position
The State Government may empower the Chief Inspector to declare a person
other than any person defined by such rules, as a person holding position of
supervision or management or employed in a confidential position in a factory,
if, the Chief Inspector is of opinion that he can be employed.
If any such person does not get more than Rs.750 p.m. as wages, he will be
entitled to extra wages for overtime work. -Sec. 64(1), added by The Factories
(Amendment) Act, 1976.
Hours and Spread over.
Any exemption granted under Sec. 65 (2) shall be subject to the following
conditions, namely:
the total Number of hours of work in any day shall not exceed twelve;
spread overs, inclusive of intervals for rest, shall not exceed thirteen
hours in any one day
total number of hours of work in any week. including overtime, shall
not exceed sixty;
no worker shall be allowed to work overtime, for more than seven (7)
days at a stretch and the total number of hours of overtime work in any
quarter shall not exceed seventy five (75). -Sec. 65(3), Factories
(Amendment) Act, 1976.
Quarter: This is a period of three consecutive months beginning on the 1st
January, the 1st of April, the 1st of July or the 1st of October. -Sec. 64.
Restrictions on The Employment of Women
By section 66 the following restrictions have been imposed to women workers:
Maximum daily work is 9 hours: No exemption from the provisions of
Section 54 (which lays-down that the maximum daily hours of work
shall be nine hours) can be granted in respect of any women.
Prohibition of night work: No women shall be required or allowed to
work in any factory except between the hours of 6 a.m. and 7 p.m. The
State Government may by notification in the official Gazette vary the
limits for any factory or group or class or description of factories. But
such variation must not authorize the employment of women between
the hours 10 p.m. and 5 a.m.
Change of shift only after holiday: There shall be no change of shifts
for women except after a weekly holiday or any other holiday.
Exception: There is an exceptional case. The State Government may make
rules providing for the exemption from the aforesaid restrictions (wholly or
partially or conditionally) of women working in fish-curing or fish-canning
factories. In factories mentioned above, the employment of women beyond the
hours specified is necessary to prevent damage to or deterioration in any raw
material. But such rules shall remain in force for not more than three years at a
time.
Other restrictions: There are other restrictions on the employment of
women workers:
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Work on or near machinery in motion.
No woman or young person shall be allowed to clean, lubricate or adjust any
part of the machinery while the prime mover or transmission machinery is in
motion or to work between moving parts, or between fixed and moving parts
of any machinery which is in motion. -Sec. 22(2).
Cotton openers.
No woman or child shall be employed in any part of a factory for pressing
cotton in which a cotton opener is at work. If the feed-end of a cotton opener is
in a room separated from the delivery-end by a partition extending to the roof
or to such height as the Inspector may in a particular case specify in writing,
women and children may be employed on the side of the partition where the
feed-end is situated. -Sec. 27.
Excessive weights.
The State Government may make rules prescribing the maximum weights,
which may be lifted, carried or moved by adult men, adult women, adolescents
and children employed in factories or in any class or description of factories or
in carrying on any specified process. -Sec. 34.
Creches.
In every factory wherein more than thirty women workers are ordinarily
employed there shall be provided and maintained a suitable room or rooms for
the use of children under the age of six years of such women. -Sec. 48.
Dangerous operations.
The State Government is empowered to make special rules for the purpose of
controlling and regulating factories which carry on operations exposing
women, young persons and other workers to a serious risk of bodily injury,
poisoning or disease. -Sec. 87 (b).
An adolescent who has been granted a certificate of fitness and who carries a
token is deemed to be an adult for the purposes of Ch. VI and VIII of the Act.
(Ch. VI deals with the hours of work of an adult and Ch. VIII deals with
"annual leave). But no adolescent who has not attained the age of seventeen
years shall be employed or permitted to work in any factory during night.
"Night" means a period of at least 12 consecutive hours which shall include an
interval of at least seven consecutive hours falling between 10 p.m. and 7 a.m.
An adolescent who has not been granted a certificate of fitness, shall be
deemed to be a child for the purposes of the Act. -Sec. 70.
4.7.2 Working Hours for Children
The law regarding working hours for children is stated below. -Sec. 71:
No child shall be employed or permitted to work in any factory-
a) for more than four and a half hours in any day;
b) during the night.
Explanation: For the purpose of this sub-section "night" shall mean a period of
at least twelve consecutive hours which shall include the interval between 10
p.m. and 6 a.m.
The period of work of all children employed in a factory shall be
limited to two shifts which shall not overlap or spread-over more than
five hours each, and each child shall be employed in only one of the
relays which shall not, except with the previous permission in writing
of the Chief Inspector, be changed more frequently than once in a
period of thirty days.
The provisions of section 52 shall apply also to child workers, and in
respect of any child. (Sec. 52 relates to weekly holidays. See next
Section).
No child shall be required or allowed to work in any factory on any day
on which he has already been working in another factory.
Notice and Register. A notice must be displayed showing clearly the periods of
work of children. -Sec. 72.
The manager of every factory must maintain a Register of child workers
showing the name of each child worker, the nature of his work, the group (if
any) in which he is included, the relay to which he is allotted and the number
of his certificate of fitness. -Sec. 73.
No child worker shall be required or allowed to work in any factory unless his
name and other particulars have been entered in the register of child workers. -
Sec. 73 (IA). Factories (Amendment) Act, 1976.
The hours of work of a child must correspond with the Notice and the Register.
-Sec. 74.
Medical Examination
Where an Inspector is of opinion that a person working as an adult is a young
person, or that a young person is not fit to work, he may direct the manager of
the factory to have the person medically examined by a certifying surgeon. -
Sec. 75.
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4.7.3 Other Rules Regarding the Employment of Young Persons
No young person shall work at any dangerous machine unless he has been
fully instructed as to the dangers arising in connection with the machine and
the precautions to be observed, and
has received sufficient training in work at the machine or
is under adequate supervision by a person who has a thorough
knowledge and experience of the machine. The State Government is to
prescribe what machines are dangerous for the purpose of this section. -
Sec. 23.
Certain restrictions on adolescents and children are stated in Sections
22(2), 27, 34 and 87 (b).
The State Government may make rules regarding the Certificate of Fitness, the
procedure relating to the issuance of such certificates and the physical
standards to be attained by the children and the adolescents. Sec. 76.
The provisions relating to the employment of young persons shall be in
addition to and not in derogation of, the provisions of the Children Act of 193,
1960 and 1978. -Sec. 77.
4.7.4 Child-Labour
Rules regarding child-labour are contained in the Factories Act, Mines Act etc.
There are also two general Acts and the subject. The Children (Pledging of
Labour) Act (Act 11 of 1933) 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/her fifteenth year of age in any
occupation connected with the transport of passengers, goods or mails by
railway. 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.
The Factories Act provides for the following holidays, viz., Weekly holidays,
Compensatory holidays and Annual leave with wages according to certain
rules. The provisions are explained below.
Weekly Holidays
Section 52 provides that an adult worker shall have a holiday on the first day
of the week. But the manager of the factory may fix the holiday on any other
day which is with three days before or after the first day of the week and in
case of such substitution notice must be given to the Inspector of Factories and
also displayed in the factory. No substitution can be made which will result in
any worker working for more than ten days consecutively without a holiday for
a whole day. The State Government may make rules providing for exemption
from the above section in certain cases, e.g., for urgent repairs.
The Weekly Holidays Act (Act XVIII of 1942) provides for the grant of
weekly holidays to persons employed in shops, restaurants and theatres. The
Act can be applied to a State by notification of the State Government.
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Compensatory Holidays
Where as a result of the exemption of factory from the operation of the role
regarding weekly holidays, a worker is deprived from any weekly holiday he
shall be allowed within the month in which the holidays were due, or within
two months immediately following that month, compensatory holidays of
equal number to the holidays lost. -Sec. 53..
Annual Leave with Wages
Sections 78 to 84 provide for the grant of a certain period of leave with wages
to workmen. 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
one day for every twenty days of work performed by an adult during
the previous calendar year;
one day for every fifteen days of work performed by a child during the
previous calendar year.
Rules regarding the Annual Leave
When counting the number of days of work performed by a worker, the
following are to be included:
days of lay-off,
maternity leave to a female worker, not exceeding twelve weeks,
and
the leave earned in the previous year. But the worker shall not
earn leave for these days.
The leave admissible under the aforesaid rule shall be exclusive of all
holidays whether occurring during or at either end of the period of
leave.
A worker whose service commences otherwise than on the first day of
January shall be entitled to leave, with wages at the rate laid down
above if he has worked for two-thirds (2/3) of the total number of days
in the remainder of the calendar year.
If a worker is discharged or dismissed from service or quits his/ her
employment or is superannuated or dies while in service, during the
course of the calendar year, he or his heir or nominee, as the case may
be, shall be entitled, to wages in lieu of the quantum of leave to which
he was entitled Immediately before his discharge, dismissal, quitting of
employment, superannuation or death calculated at the rates specified
in sub-section (1) even If he had not worked for the entire period
specified In sub-section (1) or sub-section (2) making him eligible to
avail of such leave. Such payment shall be made
where the worker is discharged or dismissed or quits
employment-before the expiry of the second working day from
the date of such discharge, dismissal or quitting; and
where the worker is superannuated or dies while in service
before the expiry of two months from the date of such
superannuation or death. (Amended by the Act of 1976).
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In calculating the leave period, fraction of leave for half a day or more
shall be treated as one day and fractions of lesser amount shall be
omitted.
Leave earned, but not taken, can be carried forward to a succeeding
year subject to a limit of thirty days in the case of an adult and forty
days in the case of a child. But earned leave not allowed because of any
scheme for leave in operation, can be carried forward without limit.
Application for leave must be submitted to the manager not less than 15
days before the date of commencement of leave. In the case of public
utility service it must be made not less than 30 days before such date. If
a worker becomes ill and wants to avail himself of the annual leave
during the period of illness, he shall be granted leave even though the
application is not made before the period specified above.
The application for leave may be for the whole of the leave due or part
of it. But earned leave cannot be taken more than three times during the
same year.
For the purpose of ensuring the continuity of work, the occupier or
manager of the factory may draw up a Scheme for regulating the grant
of leave. The Scheme must be agreed to by the Works Committee, if
any, or the representatives 6f workers. It must be lodged with the Chief
Inspector and displayed in the factory.
An application for leave submitted in proper time shall not be refused
unless the refusal is in accordance with any leave scheme in operation.
The un-availed leave of a worker shall not be taken into consideration
in computing the period of any notice required to be given before
discharge or dismissal.
The State Government may exempt a factory from the implementation
of the above rules if it is satisfied that its own leave rules provide
benefits (the totality of benefits) which are not less favourable to the
workers than the statutory leave rules.
Where by virtue of any award, agreement (including settlement) or
contract of service the worker is entitled to a longer period of leave
than that provided by the aforesaid rules, he will be entitled such longer
leave.
The rules contained in these sections do not apply to railway Factory
administered by the Government which are governed by leave rules
approved by the Central Government.
If an award, agreement (including settlement) or contract of Service
provides for a longer annual leave with wages than provided in this
chapter, the quantum of leave, which the worker shall be entitled to,
shall be in accordance with such award, agreement or contract of
service, but in relation to matters not provided for in such award,
agreement or contract of service or matters which are provided for less
favourably therein, the provisions of sections 79 to 82, so far, as may be,
shall apply. (Added by the Amendment of 1976).
Wages during Leave Period
For the period of leave allowed to a worker according to rules, he shall be paid
at a rate equal to the daily average of his total full-time earnings for the days
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Exception: But any bonus or wages for overtime work payable in relation to
the period with reference. to which the earnings are being computed shall not
be included.-Sec. 59(3).
[Clauses (2) and (3) were substituted from the old Act by the Amendment of
1976].
The cash equivalent of the advantage accruing through the
concessional sale to a worker of food-grains and other articles shall
be computed as often as may be prescribed on the basis of the
maximum quantity of food-grains and other articles admissible to a
standard family.
Explanation 1-"Standard family" means a family consisting of the
worker, his or her spouse and two children below the age of
fourteen years requiring in all three adult consumption units.
Explanation 2- "Adult consumption unit" means the consumption
unit of a male above the age of fourteen years; and the consumption
unit of a female above the age of fourteen years and that or a child
below the age of fourteen years shall be calculated at the rates of
0.8 and 0.6 respectively of one adult consumption unit. Sec. 59(4).
The State Government may make rules prescribing
the manner in which the cash equivalent of the advantage
accruing through the concessional sale to a worker of food
grains and other articles shall be computed;
the register that shall be maintained in a factory for the
purpose of securing compliance with the provisions of this
section.-Sec. 59(5).
Wages and Salary
Both these terms are used to denote payment made for service. In Stroud's
Judicial Dictionary, the following comments are made; "Where the
engagement is for a period, is permanent or substantially permanent in
character, and is for other than manual or relative unskilled labour, the
remuneration is generally called a salary." "... in general, the word 'salary' 'is
used for payment of services of a higher class, and 'wages' is confined to the
earnings of labourers and artisans.
The High Court of Madras was of opinion that if the remuneration is to be paid
daily or weekly it can be called Wages; but where there is monthly payment
and is fairly high, considering the general standard of payment, it is to be
called Salary. According to the Payment of Wages Act any amount over Rs.
200 (now Rs. 1000) may be considered as Salary for the purposes of Factories
Act. Re Gemini Studio.1
"Conceptually there is no difference between salary and wages both being a
recompense for work done or services rendered, though ordinarily the former
expression is used in connection with services of non-manual type while the
latter is used in connection with manual services. "Gestetner Duplicators Pvt
Ltd. v. The Commissioner of Income Tax WB. In this judgment the following
cases were cited and approved, Mohmed ali v. Union of India; Gordon v.
Jennings.
In the cases mentioned above, and also in Stroud's dictionary, it was held that
there is no basic difference between salary and wages.
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SAQ 5
a) List out various provisions for welfare of young persons under the
Factories Act – 1948.
b) Briefly explain the provisions specified under chapter VI of the
Factories Act – 1948.
c) Discuss about any five sections, between 51 to 65 of the Factories
Act – 1948.
d) Write short notes on the following in a factory with respect to the
Factories Act – 1948
i. Working Hours for Adults
ii. Employment rules for young persons
iii. Wage and salary
e) Discuss the provisions regarding the following under the Factories
Act – 1948
i. Overtime wages
ii. Restrictions on women working
iii. Wages on leave
f) Discuss the employment rules in favor of the welfare of women
employees under the Factories Act – 1948
g) Explain the provisions of holidays and leaves as prescribed under the
Factories Act.
h) List out the leave rules as prescribed by the Factories Act.
This unit presents the origin of Factories Act – 1948 and its development in
India. Various provisions under this act are portrayed under the five interlinked
categories viz, health, safety, welfare, working hours and leaves. Since, all
these categories are connected to and involved in workers’ welfare either
directly or indirectly, these are discussed elaborately. The employment rules for
women and young persons have also been discussed clearly. The restrictions
on women employment, child labour are explained.
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Provision of Welfare
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Refer the relevant preceding text in the unit or other useful books on the topic
listed in the section “Further Reading” given at the end of the block to get the
answers of the self assessment questions.
147