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UNIT 4 PROVISIONS OF WELFARE UNDER

FACTORY ACT 1948


Structure
4.1 Introduction
Objectives
4.2 Origin and Development of Factories Act – 1948
4.3 Provisions under Factories Act – 1948
4.3.1 Health Provisions
4.3.2 Safety Provisions
4.4 Welfare Provisions under The Factories Act – 1948
4.5 Welfare Facilities outside Factory Premises
4.6 Employment Rules for Adults
4.7 Employment Rules for Young Persons
4.7.1 Employment of Children
4.7.2 Working Hours for Children
4.7.3 Other rules regarding the employment of young persons
4.7.4 Child-Labour
4.8 Holidays and Leaves
4.9 Case Study
4.10 Let Us Sum Up
4.11 Key Words
4.12 Answers to SAQ’s

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

4.2 ORIGIN AND DEVELOPMENT OF FACTORIES


ACT – 1948

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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 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
 Pumping oil, water, sewage or any other substance; or
 Generating, transforming or transmitting power; or
 Composing types for printing by letter press, lithography,
photogravure or other similar process or book binding
 Constructing, reconstructing, repairing, refitting, finishing or
breaking up ships or vessels;
Thus, all those people who are working in or connected to the
above areas are covered by this act.

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.

4.3 PROVISIONS UNDER FACTORIES ACT – 1948

The Factories Acts consists of various provisions described in eleven (11)


chapters as shown in table 4.1. The various measures under Factories Act 1948
taken by factories for health, safety and welfare of their workers, are provided
under Chapters III, IV and V of the Act. Though the main welfare activities are
prescribed under chapter V, truly speaking, the other provisions such as health
and safety also cover the welfare of workers indirectly. Therefore, these are
also discussed here in this unit. To sum up, the provisions under Factories Act
can be broadly classified under five categories as Health, Safety, Welfare,
Working Hours and Annual Leave With wages.

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Table-4.1: Chapters and Their Contents of Factories Act – 1948

Chapter Contents

CHAPTER I – Jargon/Definitions and conceptual Framework

CHAPTER II – The Inspecting Staff

CHAPTER III – Health

CHAPTER IV – Safety

CHAPTER IVA – Provisions relating to Hazardous processes

CHAPTER V – Welfare & Grievance

CHAPTER VI – Working hours of adults

CHAPTER VII – Employment of young persons

CHAPTER VIII – Annual leave with wages

CHAPTER IX – Special provisions

CHAPTER X – Penalties and procedure

CHAPTER XI – Supplemental

4.3.1 Health Provisions


Chapter III (Section 11 to 20) of the Factories Act, 1948, deals with the
provisions relating to the health of the workers in a factory. At the outset, we
shall first review, Chapter III of the Act that deals with the following aspects.
Cleanliness of the factory premises
Section 11 ensures the cleanliness in the factory. It must be seen that a factory
is kept clean and it is free from effluvia arising from any drain, privy or other
nuisance. The Act has laid down following provisions in this respect:
 All the accumulated dirt and refuse on floors, staircases and passages in
the factory shall be removed daily by sweeping or by any other
effective method. Suitable arrangements should also be made for the
disposal of such dirt or refuse.
 Once in every week, the floor should be thoroughly cleaned by washing
with disinfectant or by some other effective method [Section 11(1)(b)].
 Effective method of drainage shall be made and maintained for
removing water, to the extent possible, which may collect on the floor
due to some manufacturing process. If the floor is wet because of any
of the manufacturing process, effective drainage shall be provided.
 To ensure that interior walls and roofs, etc. are kept clean, it is laid
down that:
 white wash or color wash (for washable surface) should be
carried out at least once in every 14 months;

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 where surface has been painted or varnished, repainting or re-


varnishing should be carried out once in every five (5) years, if
washable then once in every six (6) months;
 where they are painted or varnished or where they have smooth
impervious surface, it should be cleaned once in 14 months by
such method as may be prescribed.
 All doors, windows and other framework which are wooden or metallic
shall be kept painted or varnished at least once in every five (5) years.
 The dates on which such processes are carried out shall be entered in
the prescribed register. If the State Government finds that a particular
factory cannot comply with the above requirements due to its nature of
manufacturing process, it may exempt the factory from the compliance
of these provisions and suggest some alternative method for keeping
the factory clean. [Section 11(2)]
Disposal of Wastes and Effluents (Sec.12)
In the factories, where due to the manufacturing process, dust, fume or other
impurities arise, which is are likely to be injurious to the health of workers,
effective measures shall be taken to prevent the accumulation and inhalation of
the same.. There should be such arrangement in the factory that the wastes and
effluents easily disposed off. Sec. 12(2) provides state Govt. to form rules
regarding the said arrangements and it shall be approved by the authority under
clause (1). If it is necessary to install exhaust appliances, it would be installed
near the point of origin of the dust, fumes, or other impurity. Measures shall be
taken to enclose such points.
Ventilation and Temperature (Sec.13)
Provision should to be made for ventilation and regulation of temperature in
the factories. The state government shall prescribe the standards of adequate
ventilation and reasonable temperature for any factory or part thereof. Section
13 provides that every factory should make suitable and effective provisions
for securing and maintaining
i. adequate ventilation by the circulation of fresh air; and
ii. such a temperature as will secure to the workers reasonable conditions
of comfort and prevent injury to health. What is reasonable temperature
depends upon the circumstances of each case.
iii. The State Government has been empowered to lay down the standard
of adequate ventilation and reasonable temperature for any factory or
class or description of factories or parts thereof. It may direct that
proper measuring instruments at such places and in such position as
may be specified shall be provided and prescribed records shall be
maintained.
Measures to reduce excessively high temperature:
To prevent excessive heating of any workroom, following measures shall be
adopted:
i. Walls and roofs shall be constructed of such materials and so
designed that these would help the temperature inside the
workplace remain within the specified limits.

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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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 regulating methods to be adopted for artificially increasing the


humidity of the air
 directing prescribed tests for determining the humidity of the air to be
correctly carried out, and recorded, and
 prescribing methods to be adopted for securing adequate ventilation
and cooling of the air in the work-room.
Further, Section 15(2) lays down that water used for artificial humidification
should be either purified before use or obtained from a public supply or other
source of drinking water.
Where the water is not purified as stated above, Section 15(3) empowers the
Inspector to order, in writing, the manager of the factory to carry out specified
measures, before a specified date, for purification of the water.
Overcrowding (Sec.16)
No room in any factory shall be overcrowded to such an extent that suffocates
the workers employed therein. The Chief Inspector of factories by order in
writing shall fix the maximum member of workers to be employed in each
room in the factory. Section 16 specifies the following
 The overcrowding affects the workmen not only in the discharge of
duties but also their health [Section16 (1)]
 The working space should be 9.9 cubic meters of space per worker in
every workroom before the commencement of this Act.
 After the commencement of this Act, apart from the general prohibition,
Section 16(2) lays down minimum working space for each worker
as 14.2 cubic meters of space per worker in every workroom.
Posting of notice: Section 16(3) empowers the Chief Inspector who may
direct in writing the display of a notice in the work-room, specifying the
maximum number of workers which can be employed in that room. According
to Section 108, notice should be in English and in a language understood by
the majority of the workers. It should be displayed at some conspicuous and
convenient place at or near, the entrance. It should be maintained in clean and
legible conditions.
Exemptions: The chief Inspector may by order in writing, exempt any work-
room from the provisions of this section, subject to such conditions as he/she
may think fit to impose, if he/she is satisfied that non-compliance of such
provision will have no adverse effect on the health of the workers employed in
such work-room.
Lighting (Sec. 17)
The Factories Act-1948 provides for sufficient and suitable lighting and
illumination, which may be natural or artificial where workers are working or
passing through. Provision of cleaning of inner and outer surface is provided
for all glazed windows and skylights used for the lighting of the workrooms.
Under Section 17 of the Factories Act, every factory confirms the following
provisions in this respect:
 all the glazed windows and sky lights should be kept clean on both
sides;

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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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 responsibility of the workers in these matters.


Latrines and Urinals (Sec. 19)
The Factories Act makes following provisions in this respect,
 sufficient numbers of latrines and urinals of the prescribed types shall
be provided and conveniently situated to make them accessible to the
workers at all times while they are at the factory;
 separate enclosed accommodation shall be provided for male and
female workers, which should be adequately lighted and ventilated;
 they shall be maintained in a clean and sanitary condition at all times;
 Sweepers shall be employed whose primary duty would be to keep
latrines, urinals and washing places clean.
 Latrines and urinals should be clearly marked as “Male” and “Female”
 where females are employed there shall be least one latrine for every 25
females;
 where males are employed, there shall be at least one latrine for every
25 males; where the number of males employees exceeds 100, it shall
be sufficient to provide one latrine for every 25 males up to the first l00
and one for every 50 thereafter. In calculating the number of latrines
required under this Rule, any odd number of workers less than 25 to 50,
as the case may be, shall be reckoned a 25 or 50.
 Urinal accommodation shall be provided for the use of male workers
and shall not be less than 2 feet in length for every 50 males provided
that where the number of males employed exceeds 500, it shall be
sufficient if there is one urinal for every 50 males up to the first 500
employed, and one for every l00 thereafter. In calculating the required
number of urinals under the Rule, odd number of workers less than 50
or 100, as the case may be, shall be reckoned as 50 or 100.
But in factory wherein more than two hundred and fifty workers are ordinarily
employed-
 all latrine and urinal accommodation shall be of prescribed sanitary
types;
 the floors and internal walls, up to a height of ninety centimeter, the
sanitary blocks shall be laid in glazed tiles or a smooth polished
impervious surface;
 latrines and urinals shall be thoroughly washed and cleaned at least
once in every seven days with suitable detergents or disinfectants or
with both.
The State Government may prescribe the number of latrines and urinals to be
provided in any factory in proportion to the number of male and female
workers ordinarily employed therein.
Spittoons
Sufficient number of spittoons must be provided in every factory and
maintained in clean and hygienic condition. No person shall spit within the
premises of a factory except in the spittoons. A notice containing this provision
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and the penalty for its violation shall be prominently displayed, in a language
understood by the workers, at suitable places in the factory premises. The State
Government may make rules prescribing the type and the number of spittoons
to be provided and their location in any factory (Sec. 20).

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.

4.3.2 Safety Provisions


Chapter IV of the Act contains provisions relating to safety. SEC.21-35
Chapter IV of the Factories Act, 1948, deals with the provisions relating to the
safety of the workers in a factory. These are discussed below:
Fencing of machinery (Sec. 21)
Fencing of machinery in use or in motion is obligatory under Section 21. This
Section requires that following types of machinery or their parts, while in use
or in motion, shall be securely fenced by safeguards of substantial construction
and shall be constantly maintained and kept in position, while the parts of
machinery they are fencing are in motion or in use. Such types of machinery
or their parts are:
 Every moving part of a prime-mover and flywheel connected to a
prime-mover. It is immaterial whether the prime-mover or fly-wheel is
in the engine house or not;
 head-race and tail-race of water wheel and water turbine;
 any part of stock-bar which projects beyond the head stock of a lathe;
 every part of an electric generator, a motor or rotary converter or
transmission machinery unless they are in the safe position;

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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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 of good construction, sound material and adequate strength and


free from defects;
 properly maintained;
 thoroughly examined – by a competent person at least once in
every period of 12 months or at such intervals as Chief
Inspector may specify in writing and a register shall be kept
containing the prescribed particulars of every such examination;
 no lifting machine or no chain, rope or lifting tackle, shall, except for
the purpose of test, be loaded beyond the safe working load which shall
be plainly marked thereon together with an identification mark and
duly entered in the prescribed register and where it is not practicable, a
table showing the safe working loads of every kind and size of lifting
machine or chain, rope or lifting tackle in use shall be displayed in
prominent positions on that premises;
 while any person is employed or working on or near the wheel track of
a travelling crane in any place where he would be liable to be struck by
the crane, effective measures shall be taken to ensure that the crane
does not approach within 6 meters of that place.
Safety measures in case of use of revolving machinery
Section 30 of the Act prescribes for permanently affixing or placing a notice in
every factory in which process of grinding is carried on. Such notice shall
indicate maximum safe working peripheral speed of every grindstone or
abrasive wheel, the speed of the shaft or spindle upon such shaft or spindle
necessary to secure such safe working peripheral-speed. Speed indicated in the
notice shall not be exceeded and effective measures in this regard shall be
taken.
Pressure plant
Section 31 provides for taking effective measures to ensure that safe working
pressure of any plant and machinery, used in manufacturing process operated
at pressure above atmospheric pressure, does not exceed the limits. The State
Government may make rules to regulate such pressures or working and may
also exempt any part of any plant or machinery from the compliance of this
section.
Floor, stairs and means of access
Section 32 provides that in every factory
 all floors, steps, stairs passages and gangways shall be of sound
construction and properly maintained and shall be kept free from
obstruction and substances likely to cause persons to slip and where it
is necessary to ensure safety, steps, stairs passages and gangways shall
be provided with substantial handrails,
 there shall, be so far as is reasonably practicable, be provided, and
maintained safe means of access of every place at which any person is
at any time required to work;
 when any person has to work at a height from where he is likely to fall,
provision shall be made, so far as is reasonably, practicable, by fencing
or otherwise, to ensure the safety of the person so working.

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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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4.4 WELFARE PROVISIONS UNDER THE FACTORIES


ACT – 1948

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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(ii). The shelters or rest-room or lunch-room to be provided under sub-


section (1) shall be sufficiently lighted and ventilated and shall be
maintained in a cool and clean condition.
(iii). The State Government may-
 prescribe the standards, in respect of construction
accommodation, furniture and other equipment of shelters, rest-
rooms and lunch-rooms to be provided under this section;
 by notification in the Official Gazette, exempt any factory or
class or description of factories from the requirements of this
section.
Crèches (Sec. 48)
In every factory where in more than 30 women workers are ordinarily
employed, there shall be provided and maintained a suitable room or rooms for
the use of the children under the age of six years of such women. The crèche
shall be adequately furnished and equipped and in particular there should be
one suitable cot or cradle with the necessary bedding for each child, at least
one chair or equivalent seating accommodation for the use of the mother while
she is feeding or attending to her child and sufficient supply of suitable toys for
the older children. The rooms should be adequately lighted and ventilated,
shall be maintained in a clean and sanitary condition and shall be under the
charge of women trained in the care of children and infants.
There shall be in or adjoining the crèche a suitable wash room for the washing
of children and their clothing. An adequate supply of clean clothes, soap and
clean towel shall be made available for each child while in crèche. At least half
a liter clean pure milk shall be made available for each child every day while
child is accommodated in the crèche and mother of such child shall be allowed
in the course of her daily work, to feed the child at suitable interval. Suitable
wholesome refreshment should be provided to children above 2 years and
suitably fenced open air playground shall be provided for the older children.
Welfare Officers (Sec. 49)
Wherein five hundred or more workers are ordinarily employed in a factory the
occupier shall employ such number of welfare officers as may be prescribed by
the State Government.

4.5 WELFARE FACILITIES OUTSIDE FACTORY


PREMISES

In addition to providing welfare facilities in the factory premises, workers are


also provided certain benefits and facilities outside the factory. These include:
 maternity benefits;
 gratuity, pension and provident fund benefits;
 medical benefits;
 educational facilities;
 housing facilities;
 recreational facilities including sports and cultural activities;

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 library and reading rooms;


 holiday home and leave travel facilities;
 consumers’ cooperative stores and fair price shops;
 vocational training; and
 transportation facility to and from the place of work.
To summarize,
 Labour welfare facilities are those which result in improving the
conditions under which workers are employed and work. These include
not only the health but also welfare measures adopted for the benefit of
the workers.
 The Factories Act, 1948 has provided for certain health and welfare
measures for workers working in factories in India.
 Health facilities provided in factories for workers include provision for
cleanliness of the factory premises, disposal of wastes and effluents,
ventilation and temperature, dust and fumes.
 Artificial humidification, lighting, drinking water, latrines and urinals
and spittoons.
 Welfare facilities for workers include adequate washing facilities,
facilities for storing and drying clothing, sitting facility, first-aid, and
canteen facility; and facilities for shelters, rest rooms, lunch rooms and
creches.
 Welfare amenities provided to workers outside the factory premises
include medical and retirement benefits, housing and educational
facilities, recreational facilities, holiday homes and leave travel
facilities and transportation facility to and from the place of work.

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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.

4.6 EMPLOYEMENT RULES FOR ADULTS

The Working Hours for Adults


Chapter – VI of the Factories Act provides the norms of working hours for
adults.
Weekly Hours
No adult worker shall be required or allowed to work in a factory for more
than forty-eight hours (48 hours) in any week. Sec. 51.
Daily Hours
No adult worker shall be required or allowed to work in a factory for more
than nine hours (9 hours) in any working day. The daily working hours may
however, be increased with the previous approval of the Chief Inspector, to
facilitate change of shifts. -Sec. 54.
Intervals for Rest
The periods of work of adult workers in a factory each day shall be so fixed
that no period shall exceed five hours and that no worker shall work for more
than five hours before he has had an interval for rest of at least half an hour.
The State Government or the Chief Inspector may, by order in writing, and for
reasons stated therein, increase the work period to six hours. -Sec. 55.
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Provision of Welfare
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Spread over
The periods of work of an adult worker in a factory shall be arranged in such a
way, that inclusive of his intervals for rest under section 55, they shall not
spread-over more than ten and half hours in any day. The Chief Inspector may
for specified reasons increase the spread over up to twelve hours. -Sec. 56.
Rules Regarding Employment of Adults
Night Shifts
Where a worker in a factory works on a. shift which extends beyond midnight,
his weekly holiday and compensatory holiday means a period of holiday for 24
consecutive hours beginning when his shift ends, and
the following day for him shall be deemed to be the period of 24 hours
beginning when such shift ends and the hours he has worked after midnight
shall be counted in the previous day. -sec. 57
Overlapping Shifts
Work shall be carried on in any factory by means of a system of shifts so
arranged that not more than one relay of workers is engaged in work of the
same kind at the same time. The State Government or the Chief Inspector may
grant exemption from this rule. -See. 58.
Double Employment
No adult worker shall be required or allowed to work in any factory on any day
on which he has already been working in any other factory, save in such
circumstances as may be prescribed.-Sec. 60.
Notice of Periods of Work
There must be displayed in every factory a notice showing periods of work of
adults, classification of workers in groups according to nature of their work,
shifts and relays etc. Changes made in the system of work must be notified to
the Inspector before change. The manager of every factory must maintain a
Register of Adult Workers showing the name of each worker, the nature of his
work, the group in which he is included, the relay in which he is allotted etc.
The hours of work of an adult worker- must correspond with the notice
referred to above and the Register. - Sections 61, 62, 63.
No adult worker shall be required or allowed to work in any factory unless his
name and other particulars have been entered in the register of adult workers. -
Sec. 62 (1A) added by the Factories (Amendment) Act, 1976.
Exemptions
By sections 64 and 65, the State Government has been given power to exempt
for limited periods certain factories from compliance with some of the
provisions relating to hours of work and employment.
Such exemptions are necessary in special cases, for example in the case of
workers engaged in urgent repairs or in preparatory and complementary work.
In some industries where the work is of intermittent nature, the enforcement of
all the rules stated above will create hardship. The nature of the work in certain
industries requires exceptional treatment, e.g., workers engaged in engine
rooms and boilers or in the printing of newspapers. The State Government may
exempt persons holding positions of supervision and management or in
confidential positions in a factory from following the rules regarding working
hours (except the rule against the employment of women at night).
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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).

4.7 EMPLOYMENT OF YOUNG PERSONS

4.7.1 Employment of Children


No child who has not completed his fourteenth year shall be required or
allowed to work in any factory. -Sec. 67.
Certificate of Fitness and Token: A child who has completed his fourteenth
year or an adolescent shall not be required or allowed to work in any factory
unless (a) he has been granted a certificate of fitness, which is in the custody of
the manager, and (b) such child or adolescent carries a token giving a reference
to such certificate. - Sec. 68.
The Certificate of Fitness is a certificate granted to a child or adolescent by a
Certifying Surgeon after examination: The certificate is given to a child if the
surgeon is satisfied that he has completed his fourteenth year and has attained
the prescribed physical standards. The certificate is granted to an adolescent if
the surgeon is satisfied that he has completed his fifteenth year and is fit for a
full day's work in a factory. The certifying surgeon must have personal
knowledge of the intended place of work and of the manufacturing process
involved. The certificate is valid only for a period of 12 months. It may be
granted subject to conditions (e.g., that of periodical re-examination). The
certificate may be renewed and, if necessary, revoked. Any fee payable for the
certificate must be paid by the occupier of the factory and must not be
recovered from the young person or his parents or guardian. -Sec. 69.
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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.

4.8 HOLIDAYS AND LEAVES

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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Industrial Acts and Laws

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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on which he actually worked during the month immediately preceding his


leave. The average rate is to be calculated, 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. The cash equivalent, referred to above, is to be computed
according to the method used when calculating the extra wages payable for
overtime work. (See. post) -Sec. 80.
lf the employment of a worker who is entitled to leave is terminated by the
occupier of the factory before he has taken the entire leave to which he is
entitled, he must be paid wages for the leave period not taken and such wages
must be paid before the expiry of the second working day after such
termination. Similarly, if the worker quits his service after having applied for
and obtained leave, he must be paid wages (or the leave period and such wages
must be paid on or before the next pay day. The amount of wages payable is to
be calculated according to the provisions of Section 80. -Sec. 79(11).
A worker who has been allowed leave for not less than four days in the case of
an adult and five days in the case of a child, shall before his leave begins, be
paid the wages due, for the period of leave allowed.-Sec. 81.
Wages -for the leave period, if not paid by an employer, shall be recoverable as
delayed wages under the provisions of the Payment of Wages Act, 1936. -Sec.
82.
Extra Wages for Overtime
 Where a worker works in a factory for more than nine hours in any day
or for more than 48 hours in any week, he shall in respect of overtime
work, be entitled to wages at the rate of twice his ordinary rate of
wages.-Sec 59(1)
 For the purpose of sub-section (1), "ordinary rate of wages means the
basic wages plus such allowances, including the cash equivalent of the
advantage accruing through the concessional sale to workers of food
grains and other articles, as the worker is for the time being entitled to,
but does not include a bonus and wages for overtime work.-Sec. 59(2).
 Where any workers in factory are paid on a piece rate basis, the time
rate of their work will include the following rules:
 if the workers bad been paid on the same or identical job during
a month immediately preceding a month during which overtime
work was done, the time rate shall be deemed to be equivalent
to the daily average of their fulltime earnings for the days of the
overtime work. Also such time rates shall be deemed to be the
ordinary rates of wages of those workers.
 In the case of a worker who had not worked in the immediately
preceding calendar month on the same or identical job, the time
rate shall be deemed to be equivalent to the daily average of the
earning of the worker for the days on which he actually worked
in the week in which the overtime work was done.
Explanation.-For the purposes of this sub-section in computing the earnings for
the days on which the workers actually worked, the allowance include the cash
equivalent in order to buy food grains and other articles through concessional
sale as the worker is for the time being entitled to.

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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.

4.9 CASE STUDY

This study aims to study the followings in respect to Haryana State:


 To study level of awareness among workers of Haryana state, towards
welfare provisions enlisted in Factories Act 1948.
 To study the implementation level of these provision by public and
private organization of Haryana.
METHODOLOGY
This study intends to examine awareness and implementation of the welfare of
workers related provisions provided in the Factories Act 1948 in the universe
of the study. The universe consists of three industrial undertaking namely
National Fertilizers Ltd., Panipat, SPL Ltd., Bahadurgarh and Cooperative
Sugar Mills, Karnal in Haryana. The required information is collected through
the interview schedules from workers, trade unions, management and Labour
Inspector. A purposive sample of 50 workers, 5 trade Union representatives
[IRACST – International Journal of Commerce, Business and Management
IJCBM), ISSN: 2319–2828 Vol. 3, No. 2, April 2014 335] and 5 representative
of management has been collected from each of 3 organizations. To test the
goodness of fit of Chi square test has been used.
Analysis and Interpretation
The majority of employees are from the age group 41-50 years irrespective of
whether they are from public or private organization. 42% of respondents are
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Provision of Welfare
under Factory Act 1948
under Metric, 35.3% are Metric while remaining 22.7% have education above
Metric. 72% workers in private organization SPL are under Metric. Income of
NFL workers is more than Rs. 6600-20100, that of Sugar Mill is 4000 - 6000,
and employees of SPL are poorly paid and is less than Rs. 4500.
A. Awareness toward Welfare Provisions : The analysis shows that in general
awareness level among the employee of different organization under study is
not satisfactory. Most of the workers are not aware of welfare provision
regarding washing facilities, facility of storing and drying, first aid etc. On
averaging the result we found that its only the canteen facility about which
most of the workers are aware of and the reason behind this is the fact the is
this facility is often marketed during the time of recruitment of the workers by
company itself. Also, it is worth noticing that respondents from NFL are much
more aware of welfare provision related to them. However, awareness
condition of Sugar Mill workers and that of SPL Ltd. is very pathetic where
workers are not even known of canteen facility and lunch room etc. In total,
employees of SPL ltd are found to be less aware of most of the essential
provision and this cause can be attributed to the education level as 72% of its
workers have obtained below metric education where this no is 40% & 14% in
SM and NFL respectively. Also, being a private organization it might not give
much importance to the awareness programmes and facilities. Awareness of
workers about the provision of crèche is not worth appreciating in any of the
organizations under study even though number of female workers are
employed. It seems that they do not have any knowledge regarding this
provision due to absence of this kind of facility in most of the organisation and
also many of the women’s are not on company roll, they work as a gate
workers. Although number of workers who are Metric and above are aware of
important provision, still certain steps need to be taken to enhance the
awareness level among the less educated workers through imparting education
through posters, instructions, assembly discussion, manuals, lectures and by
providing the example through proper implementation of these provisions.
Test for Goodness of Fit
In order to identify the homogeneity of responses toward the various welfare
provision Chi-square test is applied. The results of which indicate that workers
from different organization hold different views regarding different welfare
provisions. The homogeneity in response either from the positive or negative
side is lacking and is conformed from the calculated value of the chi-square
which is more than the tabulated value of 9.488 at 5% significance level
towards all the provisions of welfare. However regarding the provision of
welfare officer almost all employee said that they are not aware of the
provision of welfare officer under Factories Act 1948. In this regard calculated
value comes to 0.2237 which is highly significant.
B. Implementation of Welfare Provision : The efficiency of any legislation,
policy or any administrative action does not lie only on awareness but depends
on the execution or implementation In fact, it is this performance, which
distinguish between the good and poor governance. It can be inferred from the
sourced data that actual implementation done to ensure welfare is equal to the
awareness level of the workers. This makes us assume that if the awareness
level will be increased actual implementation status can also be achieved and
this can be is proved statistically but needs more relevant evidences to prove
this. Implementation of chi-square on the implementation data shows that
implementation level is also significantly different with the industry taken for
the study. It is noticeable that it is the provision of safety through First-aid and
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ambulance on which there is great disparity among the implementation. It is


worth noticing that union leaders might not be doing their job with honesty as
their views are entirely different from the views that workers hold for the
implementation Majority of union leaders are satisfied with the
implementation of safety measures required under the factories act. In line with
the workers view union leaders from above organization believe that their
management still need to do satisfactory implementation of storing and drying,
shelter, Lunch room but SPL union leader still seems to favor management. It
was canteen facility with which union representative are found to be satisfied
in large. However Management staff of the responding organizations think that
they have done their 100% in implementing the services. Specially in the case
of government organization NFL, no public servant is ready to take
responsibility, however in SPL Ltd management think that situation is critical
and need to be improved in certain cases. Management representative from
both Sugar mill and SPL ltd are in favor of improving the lunch room/Rest
room facility. Also when both union leaders and workers are not satisfied with
welfare officer, facility of washing and storing etc management believe
themselves as the best in implementing these welfare provisions.
CONCLUSION
Labour legislation is the institution through which the state government protect
the interest of working class and ameliorates their material and moral
conditions. Its essentially a socio-economical measure pertaining to various
human problems in relation to industry. But the problem with these legislation
is that neither they are fully implemented in the organization nor the people are
aware of them. In the study that we took in state of Haryana to find out the
Awareness and implementation of Factories Act 1948 we found that even
though number of workers are aware of the provision of the factories act, they
are not able to get the subsequent implementation for their welfare. It becomes
clear that, barring few provisions the awareness of workers differ significantly
from one industry to another. Also, it is observed that socio-economic structure
and nature of industry affects the awareness of the workers. NFL which has the
largest educated workers with high income are highly aware of all the
provisions except one or two. Union leaders are found to be supporting
manager rather than putting down the workers representation. 76.7% workers
believe that union is not at all effective in making provision implemented by
management. In view of 136 workers (90.67%) the poor implementation of
legislation is due to corrupt inspection staff who are partial in their inspection
reports and work in favor of the occupier rather than workers. When
management claims the 100 percent implementation of provision of safety in
organization, this number is not supported by workers of the organization.
Thus it becomes imperative for union leaders to play the vital role and bridge
this number gap by demanding appropriate measure on Inspection staff of
Government and Management of organization.

4.10 LET US SUM UP

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
under Factory Act 1948

4.11 KEY WORDS

 DGFASLI: Directorate General Factory Advice Service & Labour


Institutes
 Humidity: the presence of moisture in the air.
 Spittoon: A tin or box used for spitting
 Weekly Working Hours: not more than forty-eight hours in any
week (Sec. 51).
 Daily Working Hours: Not more than nine hours in any working
day (Sec. 54).
 Rest Pause: An interval or break from regular work to relieve
work stresses or fatigue or monotony or boredom etc (Sec. 55)
 Spread Over: Duration of intervals for rest under section 55,
which should not be more than ten and half hours in any day-
(Sec. 56).
 Night Shift: Where a worker in a factory works on a shift which
extends beyond midnight,
 Overlapping Shifts: Work carried on in any factory by means of a
system of shifts so arranged that more than one relay of workers
is engaged in work of the same kind at the same time (Sec. 58).
 Double Employment: A worker allowed working in any factory
on any day on which he has already been working in any other
factory (Sec. 60).
 Quarter: A period of three consecutive months beginning on the
1st Jan (first Qtr), or 1st of Apr (second Qtr), or 1st of Jul (third
Qtr) or the 1st of Oct (fourth Qtr) – (Sec. 64)

4.12 ANSWERS TO SAQ’s

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.

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