Professional Documents
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INDUSTRIAL LAW
UNIT – I person responsible for the day-to-day supervision of the
- The Act prescribes penalties for contravention of its - To provide a legal framework for the establishment and
provisions. Inspectors appointed under the Act have the maintenance of factories in a manner conducive to the health
authority to inspect factories, investigate accidents, and and safety of workers.
ensure compliance.
2. Prevention of Industrial Accidents:
11. Amendments:
- The Factories Act has undergone amendments to keep - To prevent industrial accidents and promote measures for
pace with changing industrial practices and societal needs. the health and safety of workers by setting standards for the
Amendments may be made to address emerging issues, construction, maintenance, and operation of factories.
improve safety standards, and enhance the welfare of
3. Working Hours and Conditions:
workers.
- To regulate the working hours of adult workers, including
It's important for employers and managers to be familiar with restrictions on overtime, and to establish conditions for
the specific provisions of the Factories Act applicable to their employment to prevent exploitation and ensure fair labor
jurisdiction to ensure compliance with the law and the well- practices.
being of the workforce. The Act plays a crucial role in
4. Employment of Young Persons:
safeguarding the interests of workers and promoting a
healthy and safe working environment in industrial - To protect young persons (individuals below the age of 18)
- To provide for annual leave with wages for workers who - To regulate and, in some cases, prohibit certain
have completed a certain period of continuous service, hazardous processes that pose risks to the health and safety
thereby ensuring periodic rest and recreation for workers. of workers.
- To prescribe and enforce welfare measures that contribute - To empower designated authorities, such as factory
to the well-being of workers, including provisions for inspectors, to enforce the standards and regulations set forth
facilities such as canteens, restrooms, and first aid. in the Act through regular inspections, inquiries, and the
imposition of penalties for non-compliance.
7. Provisions for Female Workers:
12. Promotion of Occupational Health:
- To address the specific needs of female workers by
regulating their working hours, conditions of work, and - To promote measures for occupational health, including
providing facilities for their welfare. the provision of medical examinations for workers engaged in
certain processes or occupations that may affect their health.
8. Registration and Licensing:
13. Emergency Response and Safety Equipment:
- To establish a system of registration and licensing of
factories, ensuring compliance with the prescribed standards - To ensure the availability of emergency response
and facilitating regular inspections to verify adherence to measures and safety equipment within factories to deal with
safety and health requirements. potential accidents or emergencies.
9. Sanitary and Hygienic Conditions: The Factories Act, 1948, thus plays a crucial role in balancing
the interests of industrial growth with the protection of
- To maintain sanitary and hygienic conditions within
workers' rights and well-being. It establishes a legal
factories, including provisions for cleanliness, ventilation,
framework that emphasizes safety, health, and welfare
temperature, and other factors contributing to the well-being
standards in factories, contributing to the overall
of workers.
development of a responsible and humane industrial
environment.
DEFINITIONS: 8. Occupier: The person who has ultimate control over the
affairs of the factory.
The Factories Act, 1948, provides various definitions that are
crucial for understanding the scope and application of the 9. Power: Electrical energy, or any other form of energy which
legislation. Below are key definitions outlined in the Act: is mechanically transmitted and is not generated by human
or animal power.
1. Adult: An individual who has completed eighteen years of
age. 10. Prescribed: Prescribed by rules made under the Act.
2. Adolescent: A person who has completed fifteen years of 11. Prime Mover: Any engine, motor, or other appliance
age but has not yet completed eighteen years. which generates or otherwise provides power.
3. Child: A person who has not completed fifteen years of age. 12. Seasonal Factory: A factory that is exclusively engaged in
one or more of the following manufacturing processes,
4. Chief Inspector: The Chief Inspector of Factories
namely, cotton ginning, cotton or jute pressing,
appointed under the Act.
decorticating of groundnuts, the manufacture of coffee,
5. Day: A period of twenty-four hours beginning from indigo, or rubber.
midnight.
13. Week: A period of seven days beginning at midnight on
6. Factory: Any premises, including the precincts thereof, Saturday night or such other night as may be approved in
where ten or more workers are employed, or were employed writing for a particular area by the Chief Inspector of
on any day of the preceding twelve months, with the aid of Factories.
power, or where twenty or more workers are employed, or
were employed on any day of the preceding twelve months,
without the aid of power. These definitions provide a foundational understanding of
terms used throughout the Factories Act, 1948. They help in
7. Hazardous Process: Any process or activity in a factory
interpreting and applying the various provisions of the Act in
that involves the use, handling, generation, storage, disposal,
the context of industrial establishments.
or transportation of any hazardous substance.
PROVISIONS OF THE FACTORIES ACT, 1948 Registration:
1. Approval, Licensing, and Registration of Factories: All factories, regardless of their nature, must be registered
under the Factories Act. Registration provides legal
Approval:
recognition to the establishment and facilitates regulatory
Before establishing a new factory, the occupier must seek oversight. It is a mandatory requirement and ensures that
approval for factory plans from the Chief Inspector of factories operate within the framework of the Act. This
Factories. This process involves submitting detailed plans process is essential for maintaining a comprehensive
that outline the layout, construction, and amenities of the database of industrial establishments, allowing authorities to
proposed factory. The Chief Inspector reviews these plans to monitor and enforce compliance with statutory provisions.
ensure compliance with safety and regulatory standards. The
2. Duties of Occupier:
approval process is a crucial initial step to prevent the
establishment of factories that may pose risks to the health The occupier, defined as the person who has ultimate control
and safety of workers. over the affairs of the factory, bears significant
responsibilities outlined in the Factories Act:
Licensing:
- Safety and Maintenance: The occupier is responsible for
Certain factories, particularly those engaged in hazardous
maintaining machinery and equipment in a safe working
processes, require licensing under the Factories Act. The
condition. Regular inspections and maintenance protocols
licensing process involves a thorough examination of safety
are crucial to prevent accidents and ensure the smooth
measures, emergency response plans, and other precautions.
functioning of industrial operations.
This stringent scrutiny is essential to mitigate potential risks
associated with hazardous activities. Licensing is a proactive - Safe Workplace: Creating and maintaining a safe working
measure to ensure that factories dealing with dangerous environment is a primary duty. This includes implementing
processes adhere to stringent safety standards, minimizing safety measures, providing protective equipment, and
the risk of accidents and protecting both workers and the ensuring that the premises are free from hazards that could
surrounding community. endanger workers.
- Worker Welfare: The occupier must prioritize the welfare of thorough investigations. This includes determining the
workers. This involves providing facilities for health and causes of the accident, assessing the extent of damage, and
hygiene, ensuring access to first aid, and implementing recommending preventive measures to avoid future
measures for the overall well-being of employees. incidents.
- Statutory Compliance: It is the duty of the occupier to - Enforcing Compliance: Inspecting staff have the authority
ensure compliance with all statutory provisions outlined in to enforce compliance with the Factories Act. This involves
the Factories Act. This includes adherence to health, safety, issuing notices for rectification, recommending penalties for
and welfare standards, as well as cooperation during non-compliance, and taking legal action if necessary.
inspections and investigations.
- Providing Guidance: The inspecting staff may also provide
The occupier's duties are integral to creating a workplace guidance to factory management on best practices, safety
that prioritizes the safety and well-being of its workforce protocols, and measures to enhance overall compliance with
while ensuring compliance with legal requirements. the Act.
- Precautions Against Dangerous Fumes (Sections 45-50): - Working Hours and Rest Intervals (Sections 51-56): The Act
Industries generating dangerous fumes must adhere to regulates working hours and rest intervals to prevent
specific precautions outlined in these sections. This includes overwork and fatigue, ensuring that workers have adequate
proper ventilation, monitoring, and protective measures to time for rest and recreation.
safeguard workers.
- Canteens (Sections 46-49): Factories employing a certain
These safety provisions collectively establish a framework to number of workers are required to provide canteen facilities,
minimize the risk of accidents, injuries, and fatalities within ensuring that employees have access to wholesome and
factories, fostering a secure working environment. nutritious food during working hours.
Working Hours (Sections 51-66): Workers are entitled to weekly holidays to ensure adequate
rest:
The Factories Act outlines provisions regarding the duration
of work, intervals for rest, and overtime work. Key points - Compulsory Weekly Holiday: Every worker is entitled to a
include: weekly holiday on the first day of the week (typically Sunday).
- Weekly Hours: The normal working hours in a factory should - Additional Holiday: If a worker is deprived of a weekly
not exceed 48 hours per week. holiday, they are entitled to an additional day's leave or
additional wages.
- Daily Hours: The daily working hours should not exceed 9
hours a day, including intervals. Employment of Young Persons (Sections 67-70):
- Overtime: If a worker is required to work beyond the normal Specific provisions regulate the employment of young
hours, they are entitled to overtime wages. persons:
- Spread Over: Working hours should be spread over the day, - Prohibition of Employment: Young persons (those below 18
and no worker should work for more than five hours without years) cannot be employed in certain dangerous processes.
an interval.
- Working Hours: Their working hours are restricted, and they
Rest Intervals (Sections 55-56): are not allowed to work during the night.
The Act ensures that workers are provided with rest intervals Employment of Women (Sections 71-77):
during the workday:
The Act safeguards the rights and well-being of women
- Rest After Overtime: A worker is entitled to a rest period of workers:
at least half an hour after working for five hours
- Prohibition of Night Work: Women are not allowed to work
continuously.
during the night.
- Compensatory Rest: If a worker is deprived of any rest
- Conditions for Overtime: If a woman worker consents to
interval, they should be allowed compensatory rest.
work overtime, it should not exceed the prescribed limits.
9. Annual Leave with Wages: - Maintenance of Records: The occupier must maintain
records of leave and leave wages for inspection.
Sections 78-91:
These provisions ensure that workers are entitled to periodic
The Factories Act mandates provisions for annual leave with
rest, promoting their well-being and preventing overwork.
wages to ensure workers' periodic rest and recreation:
10. Penalties and Procedures:
- Calculation of Leave: Workers are entitled to one day's leave
for every twenty days of work performed. Sections 92-106:
- Accumulation of Leave: Accumulation of leave is allowed up The Factories Act establishes penalties for non-compliance
to a certain limit, beyond which it should be availed. and outlines the procedures for enforcement:
- Wages During Leave: Workers are entitled to wages during - Penalties for Contravention: Penalties include fines and
the leave period at the rate of the average daily wage. imprisonment for various offenses, such as contravention of
safety provisions, working hours, or welfare measures.
Closure of Factories (Sections 88-89):
- Prosecution: Legal proceedings may be initiated against the
In case of the closure of a factory:
occupier or manager for violations.
- Notice: The occupier must give notice to the appropriate
- Appeals: Provisions for appeals against certain decisions or
authorities if a factory is to be closed for more than 15 days.
orders are outlined.
- Compensation for Unused Leave: Workers are entitled to
Procedure for Prosecution:
compensation for leave not availed.
1. Complaints: Complaints regarding offenses under the Act
Special Provisions (Sections 90-91):
may be filed.
Special provisions include:
2. Investigation: An investigation is conducted to gather
- Application of Leave Rules: The provisions apply to all evidence.
workers, irrespective of the category of work they are
3. Issuance of Notices: If violations are found, notices may be
engaged in.
issued for rectification.
4. Prosecution: Legal proceedings may be initiated in cases APPROVAL, LICENSING AND REGISTRATION OF
of persistent non-compliance. FACTORIES
5. Appeals: The Act provides for appeals against certain The Factories Act, 1948, is an Indian legislation that aims to
decisions or orders. ensure the health, safety, and welfare of workers employed in
Inspectors and Their Powers: factories. It also regulates the working conditions and hours
of work. The Act contains provisions related to the approval,
- Appointment of Inspectors: The Act empowers the
licensing, and registration of factories to ensure compliance
appointment of inspectors for enforcement.
with the prescribed standards. Here's an overview of these
- Powers of Inspectors: Inspectors have the authority to enter aspects:
premises, inspect, and investigate violations.
1. Approval of Site and Plans:
- Reporting Violations: Inspectors can report violations and
- Before a factory is constructed, extended, or converted for
recommend actions for rectification.
manufacturing processes, the occupier (owner or manager)
Adjudication: must obtain prior approval from the State Government or the
Chief Inspector of Factories.
- Adjudication Authorities: Authorities may adjudicate
disputes related to certain matters. - The occupier must submit plans of the factory, showing
the site and layout, to the relevant authorities for approval.
- Powers of Adjudication: Adjudicating authorities have
powers to determine compensation and other matters. 2. Licensing of Factories:
- Both licenses and registrations typically have a validity advisable to consult the relevant state's rules and regulations
period, and it is the responsibility of the occupier to ensure for precise information.
- The renewal process involves submitting updated 1. What is the primary purpose of The Factories Act, 1948?
information about the factory and its operations. a) Regulating working hours in offices
5. Conditions for Approval, Licensing, and Registration: b) Ensuring health, safety, and welfare of workers in
registrations may impose certain conditions to ensure c) Controlling pollution in industrial areas
compliance with health and safety standards.
d) Establishing minimum wage standards
Answer: b) Ensuring health, safety, and welfare of workers in 4. In the context of The Factories Act, what is the role of an
factories "occupier"?
a) Factory worker
d) State Government
5. Who appoints the Inspecting Staff under The Factories
Answer: a) Factory manager Act?
c) Employee counseling services Answer: c) Regulation of daily and weekly working hours
11. What provisions does the Act include regarding the c) Leave entitlement based on years of service
employment of young persons in factories?
d) Unlimited annual leave for all workers
a) No employment of young persons allowed
Answer: c) Leave entitlement based on years of service
b) Strict limitations on working hours and conditions
12. How does the Act address the employment of women in c) Written warning only
night shifts?
d) No penalties for non-compliance
a) Prohibits the employment of women at night
Answer: b) Monetary fines or imprisonment
b) Allows unrestricted employment of women at night
13. What does the Act prescribe regarding annual leave with c) Reporting and investigation of accidents
wages for factory workers?
d) Leaving the matter to the discretion of the workers
a) No provision for annual leave with wages
Answer: c) Reporting and investigation of accidents
16. In case of a factory accident, when must the notice be c) Every 3 years
given to the Inspector under the Act?
d) No renewal required
a) Within 24 hours
Answer: c) Every 3 years
b) Within 48 hours
c) Within 7 days
19. What measures does the Act prescribe to ensure the
d) Within 14 days welfare of pregnant women in factories?
17. Who is responsible for the registration of factories under c) Facilities for rest and childcare
The Factories Act?
d) No specific provisions for pregnant women
a) Factory workers
Answer: c) Facilities for rest and childcare
b) Factory manager
18. How often must a factory license be renewed under the c) Two mandatory weekly holidays
Act?
d) Rotational weekly holidays for workers
a) Every 6 months
Answer: b) One mandatory weekly holiday
b) Annually