factories.act1948

THE FACTORIES ACT,1948

BY SANTOSH KUMAR SHARMA

Applicability
y

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

Salient features
1.

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

Under the Act the ³occupier ³ is responsible for all compliances and in the case of an incorporated company the Director on the board of the company must be designated for the purpose of an ³occupier´. Failing which all directors could become liable. The working hours. Factory is defined as a place where µmanufacturing process¶ is carried out using 10 workers using electrical power or 20 workers without power.Cont««« y y Employers are required to follow stringent licensing and safety measures. y y y y .this is discussed later herein. Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added making disclosures mandatory for hazardous processes. handicraft industries etc. retail workshops. µManufacturing process¶ also includes petrol pumps. leave . weekly days off and wages are similar to Shop and Establishment Acts.

y Young Person:u/S 2(d)-means a person who is either a child or an adolescent.DEFINITIONS Child:u/s-2(c) means a person who has not completed his fifteenth year of his age y Adolescent:u/s 2(b)-means a person who has completed his fifteenth year of age but not the eighteenth year. y . y ADULT:u/s 2(a)-means a person who has completed his eithteenth year of age.

. x Competent person:-In relation to any provision of this Act.means a person or an intitutions recognized as such by the chief inspector for the purpose of carrying out tests.with regard to the conduct of such test.examinations and inspections. .Definitions««««««.and more than one person or institution can be recongnized as a competent person in relation to a factory.the qualifications and experience of the persons employed in such instututions and facilites available therein.examinations and inspections required to be done in a factory under the provisions of this ´Actµ having regard to-----(i)-the qualifications and experience of the person and facilities available at his disposal or (ii).

or is ordinarily so carried on. and in any part of which a manufacturing process is being carried on with the aid or power.Factory u/s-2(m)-u/s-2(m)-Means any premises including the precincts thereof (i) Whereon ten or more workers are working or were working on any day of the preceeding twelve months. y .

But does not include a mine subject to the operation of the Mines Act. (ii)-where on 20 or more workers are working or working on any day of the preceeding 12months and in any part of which a manufacturing process is being carried on without the aid of power.or a mobile unit belonging to the armed forces of the union.CONT«««««.1952. a railway running shed or a hotel. or is ordinarily so carried on. y . restaurant or eating place.

y .Explanations«.all the workers in a day shall be taken into account whether in different groups and relays. shall not be contsrued to make it a factory if not manufacturing process is being carried on in such premises or part thereof. y Explanation-II mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof. Explanation-I for computing the numbers of workers for this clause.

or in any other kind of work incidental to.worker u/s2(l) Means a person employed directly or by or through any agency including a contractor with or without the knowledge of the principal employer y whether for remuneration or not . or in cleaning any part of the machinery or premises used for a manufacturing process.in any manufacturing process. or connected with the manufacturing process or the subject of the manufacturing process but does not include any member of the armed forces of the Union. y .

washing. water.or (ii)Pumping oil.or any other substance. or .finishin g.Manufacturing process u/s-2(k) u/sMeans any process (i)making.delivery or disposal.demolishhing. breakingup. or otherwise treating or adapting any article or substance with a view to its use.ornamenting. sale transport.repariring. oiling.altering.sewage. packing.cleaning.

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

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

Factories Act. Inspectors of Factories.e. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner. Government of National Capital Territory of Delhi y . health and welfare of workers at work places. 1948 a social legislation which has been enacted for occupational safety. Dy. y being enforced by technical officers i.

General duties of occupier u/s-7A u/sTo ensure the health safety and welfare of all its workers. -Provide the necessary information necessary for the work to so safely -proper monitoring and maintenance. y . y Prepare a written statement of his general policies with respect to health and safety. storing and transporting articles.This duty extends to -Proper maintenance of plant and system -The riskfree and safe arrangement of handling.

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

EVERT DM IS INSPECTOR FOR THIS PURPOSE.ADDITIONAL CHIEF INSPECTOR.THE INSPECTING STAFF U/S-8 U/SSTATE GOVE BY NOTIFICATION IN THE OFFICIAL GAZZETTE MAY APPOINT AS MANY AS REQUIRED AND AS CHIEF INSPECTOR.JOINT CHIEF INSPECTOR AND DEPUTY INSPECTOR. STATE GOVT.RIGHTS & POWERS.SHALL DECIDE THEIR DUTIES . THEY ARE PUBLIC SERVANT. .

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

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

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

VENTILATION AND TEMPERATUTE DUST AND FUMES. .HEALTH PROVISION . DISPOSAL OF WASTE AND EFFLUENTS.(SEC 11-20) 11y y y y y y y y y y CLEANLINESS ARTIFICIAL HUMIDIFICATION OVERCROWDING LIGHTING DRINKING WATER LATRINES AND URINALS SPITTONS.

SAFETY (SEC.21-40) (SEC.OF WOMEN AND CHILDREN NEAR COTTON OPNERS HOISTS AND LIFTS .21y y y y y y y y FENCING OF MACHINERY WORK ON OR NEAR MACHINERY EMPLOYMENT OF YOUNG PERSONS NEAR MACHINES STRIKING GEAR AND DVICES FOR CUTTING OF POWER SELF ACTING MACHINES CASING OF NEW MACHINERY PROHIBITION OF EMPL.

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

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

lunch room y Creches y Welfare officers y . provisons. Washing facilities.Welfare provisons. y Facilities for storing and drying clothing y Facilities for sitting y Firs aid appliances y Canteens y Shelters.rest room.

y Weekly holidays-first day of week shall be off. y Compensatory holiday:. y . y Daily hours:.If any workder is deprived of any provided holiday he shall be given compensatory holiday in lieu of that.Working hours of adults (sec-51-66) (sec-51Weekly Hour:.No adult worker shall be allowed to work in the factory more than nine hours in any day.not more than 48 hours/week.

working hours after mid-night shall be counted in previous day.Cont«.A day is equal to 24 hours and starts when shift ends. y Night-shifts:-. y . y The period of work shall be so arranged that including intervals for rest working hour shall not spreadover more than ten and a half hours in a day. Intervals for rest:--at least half an hour rest must be provided after every working period of five hours.

where a worker works more than 9 hours a day or more than 48 hours in a week. he shall be entitled to receive twice the rate of ordinary wages for overtime. --ordinary wages means the basic wages plus such allowances. y .including the cash equivalent of the advantage accruing .Cont----Cont----Prohibition of overlapping shifts y Extra wages for overtime.

m. y . y Restriction on employment of women:-No exemption regarding nine hour working in regard of women. y Notice of periods of works for adults. to 7 p. -No women to work in the factory except between 6 a.m. -There shall be no change of shift except weekly holiday or any other holiday.Cont--Cont--Restrictions on double employment. y The register of adult workers.

EMPLOYMENT OF YOUNG PERSONS No child required to work upto 14 year. y . y Non adult workers to carry tokens. y Working hours for children -Not more than four hours in any day -during the night.this shall be given in furtherance of certificate given by medical surgeon. On application. y Certificate of fitness.

Hours of works to correspond with provisions of this Act. Register of child worker. Power to require medical examination.CONT---CONT----shift shall not be changed oftenly. Notice of periods of works for children.once in 30 days. . -Any female child between 8 am to 7 pm.

These provisions are not applicable where central govt. If an adult one day for every 20 days performed by him during previous year. rules are applicable.ANNUAL LEAVE AND WAGES. y Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of³ a. y .

The leave earned in the year . But these shall be deemed as worker has worked in the factory for the purpose of computation of 240 days. ii.If worker is child one day for every 15 day work performed.Maternity leave not exceeding 12 weeks. iii.lay-off or by agreement or contract. i.Cont« b.

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

y .6/unit.Wages during leave period Entitled to the equal wage at daily average of his total full time working.8 and upto 14 . y Standard family-wife-husband-2 children upto 14 years y Adult consumption unit³means for above 14 age . y If has not worked on any day during the calender month immediately preceding his leave the cash equivalent of the advantage on the basis of.

y . y Unpaid wages shall be recoverable as per provisions of Payment of wages Act.Cont. Advance payment in certain cases-4days earlier to adult and 5 days earlier to child.

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

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