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FACTORIES ACT

1948

Presented By
Pallavi. G
198916
 The Factories Act, 1948 came into force on the1st of April,1949 and
extends to the whole of India. It was, in fact, extended to Dadra &
Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of
Jammu & Kashmir in 1970.
 The Factories Act was amended in 1949, 1950, 1954, 1956, 1976
and1989.
The Act has been enacted primarily with the object of protecting
workers employed in factories against industrial and occupational
hazards. 
INTRODUCTION

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

FACTORY [section 2 (m)]


Factory means any premises including the precincts there of where ten
or more persons are working in any manufacturing process being carried
on with aid of power and where twenty or more workers are working
without the aid of power. 
THE FACTORIES ACT, 1948. The following have held to be a
factory:
 Salt works
 A shed for ginning and pressing of cotton
 A Bidi making shed
 A Railway Workshop
 Composing work for Letter Press Printing
 Saw Mills
 Place for preparation of foodstuff and other eatables

Section 2(k) MANUFACTURING PROCESS

 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, pumping oil, water, sewage or any other substance;
or
generating, transforming or transmitting power.
 constructing, reconstructing, repairing, refitting, finishing or breaking
up ships or vessels; preserving or storing any article in cold storage.
OCCUPIER of factory Section(2n)
 A person who has ultimate control over affairs of factory. The occupier
shall ensure, as far as possible health, safety, and welfare of workers
while they are working in a factory.
 In case Government company occupier need to be an director.
 Name of occupier of the factory should be informed to factories
inspector.
 He as to give notice 15 days before he begins to occupy the
premises as a factory.
 The occupier will be held responsible if the provisions of the Factories
Act, 1948 are not complied with.

OBJECTIVES OF THE FACTORIES ACT

 To regulate the working conditions in factories and to ensure


adequate safety measures and to promote the health and safety and
welfare of the workers employed in factories, annual leave with
wages etc.
 The act also makes provisions regarding employment of women
and young persons (including children).
FACTORIES ACT INCLUDES:
Employee health and safety
Employee Welfare
Working Hours Of Adults
Annual Leave With wages

IMPORTANCE OF FACTORY ACT 1948

No adult worker shall be required or allowed to work in a factory:


 For more than forty-eight hours in any week.
 For more than nine hours in any day.
 Where a worker works in a factory for more than nine hours in any day or
for more than forty-eight 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. 
SCOPE

 Regulate working condition in the factories.


 Basic minimum requirements for ensuring safety, health and welfare
of workers.
 Applicable of all workers

COVERAGE

 Any premises including the precincts there of where of 10 or more


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.
 Any premises including the precincts there of where 20 or more workers
are 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.
Main provisions of Factory Act 1948:
Compulsory approval, licensing and registration of factories
 Health measures
Safety measures
Welfare measures
Working hours
Employment of women and young persons
Annual leave provision
Accident and occupational diseases
Dangerous operations
Penalties
Obligations and rights of employees
Obligations of an Employer
An employer is under statutory obligation to safeguard the health and
safety of workers and extend to providing adequate plant, machinery
and appliances to provide healthy and safe environment, proper system
of working and extends to giving reasonable instructions.

Preliminary
This act extends to the whole India and has come into the force on1 st
July 1949.
 According to (Sec-2) of this act, defines adult, adolescent, child,
hazardous process, factory, manufacturing process, worker, occupier
etc.
Inspecting staff Act empowers state Government to appoint persons
as inspectors who possess the prescribed
qualifications along with local limits.

 Under (Sec-7A) General duties of the occupier it relates to health , safety,


and welfare of workers. It is applicable in 1st Dec 1987.
 (Sec-7B) This section prescribes general duties of designer, manufacturer,
importer, or supplier for the use in factories and applicable in 1 st June 1988.
 (Sec-8&9) deals with the appointment of inspectors and define their powers.
 (Sec-11) certifying Surgeons

Duties
 Examination and certification of young persons.
 Examination of persons engaged in factories in specifies dangerous
appliances.
 Medical surveillence on factory workers.
Employee Health

 Cleanliness Disposal of wastes and


effluents - Sec 12
 Ventilation and temperature dust and
fume – Sec 13
 Overcrowding Artificial humidification
Lighting – Sec. 14
 Drinking water Spittoons. - Sec. 18 

Safety Measures
 Fencing of machinery – Sec. 21
 Work on near machinery in motion – Sec 22
 Employment prohibition of young persons on dangerous
machines –Sec 23
 cutting off power – Sec 24
 Striking gear and devices for Self-acting machines- Sec 25
 Casing of new machinery- Sec 26
 Prohibition of employment of women and children near
cotton- openers- Sec 27
 Hoists and lift- Sec 28. 
Provisions Relating to Hazardous Processes
 Hazardous process" means any process or activity in relation to an
industry specified in the 'First Schedule where, unless special care is taken,
raw materials used there in or the intermediate or finished products.

Provisions regarding Hazardous Process were instructed in the Act under


Sec-2(cb) by the Factories (Amendment) Act, 1987.This Act instructed
two new schedules I. Listing the industries involving hazardous process
II. Relating to permissible levels of certain chemical substances in work
environment.
 Constitution of Site Appraisal Committee
 Compulsory Disclosure of Information
 Special Responsibility of the occupier in relation to Hazardous
processes
 Maintaining accurate and up-to-date health and medical records of
workers.
 Appointing qualified, experienced & compete persons in handling
such substances to supervise handling and for protecting the workers
from the hazard.
 Providing for medical examination of every worker at intervals.
THANK YOU

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