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DIRECTORATE OF INDUSTRIAL SAFETY AND HEALTH

PRESENTS
THE FACTORIES ACT, 1948
AND
TAMILNADU FACTORIES RULES, 1950

By
M.V. KARTHIKEYAN, A.M.I.E.,
JOINT DIRECTOR OF INDUSTRIAL SAFETY AND HEALTH
CHENNAI.
This Act may be called as “THE FACTORIES ACT,1948’’.

 It extends to the whole of India.

 It Shall come into Force on the 1st Day of April 1949.

The Factories Act consists of eleven chapters dealing


with the provisions of 120 Sections in total.

 The objective of the Act is to ensure the safety, health


& welfare of the workers working in the factory.
11 CHAPTERS AND
120 SECTIONS

1. PRELIMINARY :- Section 1 to Section 7B

2. INSPECTING STAFF :- Section 8 – Section 10

3. HEALTH :- Section 11 – Section 20

4. SAFETY :- Section 21 – Section 41

4A. PROVISIONS
RELATING TO
HAZARDOUS
PROCESSES :- Section 41A – Section 41H

5. WELFARE :- Section 42– Section 50


11 CHAPTERS AND
120 SECTIONS

6. WORKING HOURS :- Section 51 – Section 66


7. EMPLOYMENT OF
YOUNG PERSONS :- Section 67– Section 77
8. ANNUAL LEAVE WITH
WAGES :- Section 78 – Section 84
9. SPECIAL PROVISIONS :- Section 85 – Section 91A
10. PENALTIES AND
PROCEDURES :- Section 92 – Section 106A
11. SUPPLEMENTAL :- Section 107 – Section 120
PRELIMINARY
Chapter 1
(section 1 to section 7)
 FACTORY – MEANS ANY PREMISES WHEREON TEN OR MORE
WORKERS ARE WORKING 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.

 FACTORY – MEANS ANY PREMISES WHEREON TWENTY OR


MORE WORKERS ARE 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.
PRELIMINARY
Chapter 1
(section 1 to section 7)
“Manufacturing process” means any process for –
i. making, altering, repairing, ornamenting, finishing, packing,
oiling, washing, cleaning, breaking up, demolishing, or
otherwise treating or adapting any article or a substance with
a view to its use, sale, transport, delivery or disposal; or
ii. Pumping oil, Water, sewage, or any other substance; or
iii. Generating, transforming or transmitting power.
iv. Composing types for printing, printing by letter press,
lithography or book binding
v. Constructing, reconstructing, repairing or breaking up ships
or vessels
vi. Preserving or storing any article in cold storage.
PRELIMINARY
Chapter 1
(section 1 to section 7)
 “ power” means electrical energy, or any other form of energy which
is mechanically transmitted and is not generated by human or
animal agency.

 “ worker” means a person employed, directly or by or through any


agency ( including a contractor) with or without the knowledge of
the principal employer, whether for remuneration or not in any
manufacturing process or in cleaning any part of the machinery or
premises used for a manufacturing process, or in any other kind of
work incidental to, or connected with, the manufacturing process, or
the subject of the manufacturing process.
PRELIMINARY
Chapter 1
(section 1 to section 7)
 “Occupier” of a factory means the person who has ultimate control
over the affairs of the factory.

- in the case of partnership firm, anyone of the partners,


- in the case company, anyone of the directors
- in the case of factory owned or controlled by the central
government or state government or any local authority, the
person or persons appointed to manage the affairs of the
factory, shall be deemed to be the occupier of the factory
PRELIMINARY
Chapter 1
(section 1 to section 7)


“Calendar year” means the period of twelve months beginning with
the 1st day of January in any year.

 “Week “ means a period of seven days beginning at midnight on


Saturday night.

 “Day” means a period of 24hrs beginning at midnight


PRELIMINARY
Chapter 1
(section 1 to section 7)
 CHILD - Not completed 14th year of age

 ADOLESCENT - Completed 14th year of age
But not completed 18th year of age

 ADULT - Completed 18th year of Age



 YOUNG PERSON - Either a child or an adolescent

 Exemption during public Emergency :


 Except Sec 67 all provisions could be exempted
 War / External Aggression / Internal Disturbance
PRELIMINARY
Chapter 1
(section 1 to section 7)
 Approval, licensing & registration of factories:
- Submission of plans along with Form No.1
- Submission of License fees along with Form No. 2

 Notice of Occupation:
- At least 15 days before he begins to occupy or use any premises
as a factory, occupier shall send DISH a written notice in Form No.2

 Change of Manager:
- Occupier shall send notice in Form no 3A within 7 days from the
date on which the manager takes charge.
PRELIMINARY
Chapter 1
(section 1 to section 7)
OCCUPIER DEEMED TO BE THE MANAGER
 Wherever no person is designated

or
 The person designated does not manage the factory
 Any other person found acting as manager shall be deemed to be
the manager
 If no such person is found the occupier himself shall be deemed to
be the manager

 Section 7A: General Duties of the occupier with


reference to Health, safety and welfare of the workers.
The Inspecting Staff
chapter 2
(section 8 to section 10)
 The state government may appoint such persons as possess the
prescribed qualification to be inspectors for the purpose of this Act
and may assign such local limits

 The Inspectors ( Director, Senior Additional Directors, Additional


Directors, Joint Directors, Deputy Directors and Assistant Directors
of Industrial Safety & Health) shall enforce the provisions of
Factories Act and other allied 16 Labour Acts.

 The State government may appoint qualified medical practitioners to


be certifying surgeons for the purpose of this Act.
The Inspecting Staff
chapter 2
(section 8 to section 10)
 Act & Rules enforced by the Inspectors of Directorate of
Industrial Safety & Health
1. The Factories Act, 1948 and Tamil Nadu Factories Rules, 1950.
2. The Payment of Wages Act, 1936 and Tamilnadu Rules, 1937.
3. The Tamil Nadu Industrial Establishments (National and Festival
Holidays) Act, 1958 and Rules, 1959.
4. The Minimum Wages Act, 1948 and and Tamilnadu Rules,1953.
5. The Maternity Benefit Act, 1961 and and Tamilnadu Rules, 1967.
6. The Contract Labour (Regulation and Abolition) Act, 1970 and
Tamilnadu Rules, 1975.
7. The Tamil Nadu Industrial Establishments (Conferment of Permanent
Status to Workmen) Act, 1981 and Rules, 1981.
8. The Equal Remuneration Act, 1976 and Rules, 1976.
 
The Inspecting Staff
chapter 2
(section 8 to section 10)
9. The Tamil Nadu Payment of Subsistence Allowance Act,1981and
Rules,1981.
10.The Tamil Nadu Labour Welfare Fund Act, 1972 and Rules, 1973.
11.The Child Labour (Prohibition and Regulation) Act, 1986 and
Tamilnadu Rules, 1994.
12.The Labour Laws (Exemption from Furnishing Returns and
Maintaining Registers by Certain Establishments) Act, 1988.
13. The Inter State Migrant Workmen (Regulation of Employment
and Conditions of Service) Act, 1979 and Tamilnadu Rules, 1983.
14. The Building and other Construction workers (Regulation of
employment and conditions of service) Act 1996 and Tamilnadu Rules 2006
15.The Payment of Gratuity Act, 1972 and Tamilnadu Rules, 1973.
16. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989.
17.The Tamil Nadu Control of Industrial Major Accident Hazards Rules, 1994.
The Inspecting Staff
chapter 2
(section 8 to section 10)
The Duties of Certifying Surgeons
 The examination & certification of young persons under this Act.

 The examination of persons engaged in factories in such


dangerous occupations or process.

 Medical supervision of the workers in cases of illness have accord


due to the nature of the manufacturing process or other conditions
of work prevailing in the factory and there is likeli-hood of injury to
the health of the workers

 The examination of workers working in canteen and issue the


fitness certificate
HEALTH
Chapter III
(Section 11 to Section 20)

11. CLEANLINESS
12. DISPOSAL OF WASTES AND EFFLUENTS
13. VENTILATION AND TEMPERATURE
14. DUST AND FUME
15. ARTIFICIAL HUMIDIFICATION
16. OVERCROWDING
17. LIGHTING
18. DRINKING WATER
19. LATRINES AND URINALS
20. SPITTOONS
C HEALTH
Chapter III
(Section 11 to Section 20)

Cleanliness:
 Dirt & refuse shall be removed daily by sweeping or other means from floor
etc.
 Floor to be cleaned at least in every week by washing using disinfectant
 If floor is liable to become wet effective means of drain to be provided and
maintained.
 Painting with washable paints once in 3 years.
 To be washed once in 6 months.
 Whitewash or colour wash once in 14 months.
 Doors, Windows to be painted once in 5 years.

Exemption could be obtained from Govt. Alternative methods to be


specified in that order.
Disposal of wastes & Effluents
Effective Arrangement to be made in every factory for the treatment of waste
and effluence
HEALTH
Chapter III
(Section 11 to Section 20)

VENTILATION AND TEMPERATURE

 Adequate ventilation by circulation of fresh air & air movement of


atleast 30 mtrs per minute shall be provided
 The maximum wet bulb temperature of air in work room at a height
of 1.5 mtrs above floor level shall not exceed 30 degree centigrate
 Walls & Roofs shall be of heat resisting material.

DUST & FUMES


 Effective measures shall be taken to prevent its inhalation and
accumulation.
HEALTH
Chapter III
(Section 11 to Section 20)

Over Crowding:
Breathing Space
 Min 14.2m3 / worker
 No Account shall be taken of any space which is more than 4.2 m
above the floor lever.
 Example:-
Width - 20 mt
Length - 60 mt
Height - 8 mt
Total Space = WxLxH

i.e. 20 x 60 x 4.2 = 5040 m3

 Total No. of Total Space 5040


Workers = --------------------- = ------- = 355
Space / Worker 14.2
HEALTH
Chapter III
(Section 11 to Section 20)

Floor Area

 Min 3.3 m2 Floor Area / Worker


Total floor area = WxB
i.e. = 20 x 60 = 1200 m2
Floor Area occupied by machine & fixtures = 200 m2

Net Floor Area = 1000 m2

Net Floor Area 1000


 No. of workers = -------------------- = ------ = 303
3.3 m2 3.3
HEALTH
Chapter III
(Section 11 to Section 20)

LIGHTING:
 Working place or passage - suitable lighting natural or artificial or both
to be provide

 General illumination shall not be less than 65 lux.


HEALTH
Chapter III
(Section 11 to Section 20)

DRINKING WATER :
 Water point shall not be situated within 6 meters of any washing
place, urinal, latrine, spittoon, open drain effluent or any other
contamination.

 At least 4.5 Lts. / Day / worker during working hours


 If more than 250 workers have been employed there shall be a
provision for cooling drinking water during hot weather by effective
means.

 Should be kept in vessels filled with Taps and Dust proof covers.
 Placed on raised stand / platform in shade

 with arrangement of drainage to carry away spilt water.


 water shall be free from contamination.
HEALTH
Chapter III
(Section 11 to Section 20)

SOURCE OF WATER:
 Public supply system

or
 from any source approved by authority

 At least one water centre for every 150 person employed at any one
time.

 Distance between place of works shall not be more than 50 mts.


from the nearest water centre or distance specified by IF.
HEALTH
Chapter III
(Section 11 to Section 20)

LATRINE :
 At least 1 Latrine for every 20 women workers. If number of males
employed exceeds 100, one latrine seat for every 20 males up to
the first hundred and 1 for every fifty thereafter.

 At least 1 latrine for every 20 male workers

 There shall be separate toilets for male and female workers


Chapter IV SAFETY
Chapter IV
SAFETY (Section 21 to Section 41)
21. FENCING OF MACHINERY
22. WORK ON OR NEAR MACHINERY IN MOTION
23. EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS

M/C
24. STRIKING GEAR AND DEVICES FOR CUTTING
POWER
25. SELF ACTING MACHINES
26. CASING OF NEW MACHINERY
27. PROHIBITION OF WOMEN AND YOUNG PERSONS
NEAR COTTON OPENERS
SAFETY
Chapter IV
(Section 21 to Section 41)
28. HOISTS AND LIFTS
 Every Hoists and Lifts shall be tested by competent
Person who have been approved by Director of
Industrial Safety and Health, Once in six months
according to section 28 and rule 55 of factories Act,
1948 and Tamilnadu factories Rules, 1950
29. LIFTING MACHINES, CHAINS, ROPES AND LIFTING
TACKLES
 Every lifting machines, chains, ropes and lifting
tackles shall be tested by competent Person who
have been approved by the Director of Industrial
Safety and Health, Once in twelve months according
to section 29 and rule 55A of factories Act, 1948 and
Tamilnadu factories Rules, 1950
SAFETY
Chapter IV
(Section 21 to Section 41)

30. REVOLVING MACHINERY


 It shall be ensured that maximum safe working
peripheral speed of the machine shall not be
exceeded

31. PRESSURE PLANT


 Every pressure vessel which operates more than the
atmospheric pressure shall be tested by a notified person
externally once in six months, internally once in twelve
months or hydrostatically once in two years, and
ultrasonically once in four years and the test report shall be
obtained according to section 31 rule 56(7) (9) of factories
Act, 1948 and Tamilnadu factories rules , 1950
SAFETY
Chapter IV
(Section 21 to Section 41)

32. FLOORS, STAIRS AND MEANS OF ACCESS

33. PITS, SUMPS, OPENINGS IN FLOORS ETC

34. EXCESSIVE WEIGHTS

 No man, women or young persons shall unaided by


another person, lift, carry or move by hand or on
head, any material with shall not be exceeded the
maximum limit of weight specified below:
Adult male -50kg
Adult female – 30kg
Adolescent male – 30kg
Adolescent female – 20kg
SAFETY
Chapter IV
(Section 21 to Section 41)

36. PRECAUTIONS AGAINST DANGEROUS FUMES


GASES ETC

36A. PRECAUTIONS REGARDING PORTABLE


ELECTRIC LIGHT

37. EXPLOSIVE OR INFLAMMABLE DUST, GAS, ETC

38. PRECAUTIONS IN CASE OF FIRE

39. POWER TO REQUIRE SPECIFICATIONS

40. SAFETY OF BUILDINGS AND MACHINERY

40A. MAINTENANCE OF BUILDINGS


SAFETY
Chapter IV
(Section 21 to Section 41)

40B. SAFETY OFFICERS

 In every factory where in one thousand or more workers are


ordinarily employed, one safety officer shall be appointed
 If there is any manufacturing process or operation which
involves any risk of bodily injury, poisoning or disease or any
other hazard to health to the person employed in the factory ,
the Government may require the occupier by notification in
the official Gazette employ such number of safety officers
 The safety officer shall have a qualification of Bachelor of
Engineering / Diploma in Engineering of any discipline / B.SC.,
(Physics or Chemistry) & Diploma in Industrial Safety or M.E.,
in Industrial Safety recognized by the Government of
Tamilnadu
SAFETY
Chapter IV
(Section 21 to Section 41)

41. POWER TO MAKE RULES TO SUPPLIMENT THIS


CHAPTER
 Rule 61E. Machinery and plant : No machinery, plant or
equipment shall be constructed, situated, operated or
maintained in any factory in such a manner as to cause risk of
bodily injury

 Rule 61F. Method of work : No process or work shall be


carried on in any factory in such a manner as to cause risk of
bodily injury

 Rule 61G. Stacking and storing of materials, etc : No


materials or equipments shall be stacked or stored in such a
manner as to cause risk of bodily injured.
HAZARDOUS PROCESS
Chapter IV A
“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 therein or
the intermediate or finished products, bye-products, wastes
or effluents thereof would –
(i) Cause material impairment to the health of the persons
engaged in or connected therewith, or
(ii) Result in the pollution of the general environment

The following list of industries involving hazardous process


has been dealt in section 2(cb) of the factories Act, 1948
which is specified in first schedule
HAZARDOUS PROCESS
Chapter IV A
FIRST SCHEDULE
1. Ferrous Metallurgical Industries
2. Non – ferrous Metallurgical Industries
3. Foundries (ferrous and non-ferrous)
4. Coal (including coke) industries
5. Power Generating Industries
6. Pulp and Paper (including paper products) industries
7.  Fertiliser Industries
8. Cement Industries
9. Petroleum Industries
HAZARDOUS PROCESS
Chapter IV A
10. Petro-Chemical Industries
11. Drugs and pharmaceutical Industries
12. Fermentation Industries (Distilleries and Breweries)
13. Rubber (synthetic) industries
14. Paints and pigment Industries
15. Leather tanning Industries
16. Electroplating Industries
17. Chemical Industries
18. Insecticides, Fungicides, Herbicides and other pesticides Industries
19. Synthetic Resin and plastics
20. Man-made Fibre (Cellulosic and non-cellulosic) industry
HAZARDOUS PROCESS
Chapter IV A
21. Manufacture and repair of electrical accumulators
22. Glass and Ceramics
23. Grinding or glazing of metal
24. Manufacture, handling and processing of asbestos and its products
25. Extraction of oils and fats from vegetable and animal sources
26. Manufacture, handling and use of benzene and substances
containing Benzene
27. Manufacturing processes and operations involving
carbondisulphide.
28. Dyes and dyestuff including their intermediates
29. Highly flammable liquids and gases
Major Accident Hazards (MAH)
factories

Hazardous factories in which the chemicals stored


above the threshold quantity as specified under
schedule 3 of Manufacture, Storage and Import of
Hazardous Chemicals Rules, 1989 are classified as
Major Accident Hazards (MAH) factories.
For Eg: LPG – 15 MT
Ammonia – 50 MT
Chlorine – 10 MT
CHAPTER IVA.- Provisions relating to
Hazardous Processes
(Section 41 A to Section 41 H )

41A. Constitution of Site Appraisal Committees


 The State Government may appoint a site appraisal
committee consisting of
- the director of industrial safety and health as its
chairman of committee
- the senior additional director of industrial safety
and health as its member secretary of the committee
- senior members from the pollution control
board
- member from the meteorological department
- member from the occupational health
department
- member from the town and contry planning
department
CHAPTER IVA.- Provisions relating to
Hazardous Processes
(Section 41 A to Section 41 H )
- expert in that particular industry
- representative from the local authorities
- and not more than 3 members as deemed fit
by the government,

for the purpose of advising it to consider applications for


grant of permission for the initial location of factory
involving hazardous process or for the expansion of any
such project
The respective management in respect of factories
covered under section 2(cb) of the factories Act shall
submit the necessary applications for site appraisal along
with 15 copies thereof to the Director of Industrial Safety
and Health according to section 41 A and rule 61 Q of
factories Act, 1948 and Tamilnadu factories rules,1950
CHAPTER IVA.- Provisions relating to
Hazardous Processes
(Section 41 A to Section 41 H )

41B. Compulsory disclosure of information by the


occupier

 every occupier shall at the time of registering of a factory


involving a hazardous process shall disclose the information in the
prescribed manner regarding dangers, including the health
hazards and the measures to over come such hazards arising from
the exposure to or handling of the materials or substance in the
manufacture, storage, transportation and other processes to the
workers employed in the factory as per section 41-B(2) and rule
62-C of factories Act,1948 and Tamilnadu factories rule 1950.

 Occupier shall lay down a detailed policy in respect of the health


and safety policy of the workers working in the hazardous factory
as per section 41-B(2) and rule 62-B of factories Act,1948 and
Tamilnadu factories rule 1950.
CHAPTER IVA.- Provisions relating to
Hazardous Processes
(Section 41 A to Section 41 H )

41B. Compulsory disclosure of information by the


occupier

 Occupier shall furnish an information regarding the quantity,


specifications and other characteristics of waste and the manner
of the disclosure as per section 41-B(2) and rule 62-K of factories
Act,1948 and Tamilnadu factories rule 1950.

 Every occupier shall with the approval of DISH draw up an onsite


emergency plan and detailed disaster control measures for his
factory and make known to the workers and the general public in
the vicinity of the factory
CHAPTER IVA.- Provisions relating to
Hazardous Processes
(Section 41 A to Section 41 H )
41C. Specific responsibility of the occupier in relation
to hazardous processes
 Every occupier of the factory involving any hazardous
process shall maintain an “occupational health centre” with
the services and facilities as per the working strength
according to section 41-C rule 62-O of factories Act,1948
and Tamilnadu factories rule 1950.

 Every occupier of the factory involving any hazardous


process shall maintain accurate and up to date health
records, medical records of the workers exposed to any
chemical, toxic, or any harmful substances

 The occupier shall make necessary arrangements to


carryout the pre medical examination as well as periodical
medical examination at intervals of not exceeding 12
months
CHAPTER IVA.- Provisions relating to
Hazardous Processes
(Section 41 A to Section 41 H )

41D. Power of Central Government to appoint Inquiry


Committee

41E. Emergency standards

41F. Permissible limits of exposure of chemical and


toxic substances

41G. Workers' participation in safety management

41H. Right of workers to warn about imminent danger.


WELFARE – CHAPTER V
(Section 42 to Section 50)

42. WASHING FACILITIES


43. FACILITIES FOR STORING AND DRYING CLOTHING
44. FACILITIES FOR SITTING
45. FIRST AID APPLIANCES

 workers who are in charge of the first aid box shall be trained by the
Saint John’s Ambulance association according to section 45 (3) rule
63-B of factories Act,1948 and Tamilnadu factories rules 1950.

 In respect of factory carrying out hazardous process shall employ


minimum of 5 persons trained in first aid procedure

 In every factory wherein more than 500 workers are ordinarily


employed there shall be provided and maintained an ambulance
room of the prescribed size and facilities according to section 45 (4)
rule 64 of factories Act,1948 and Tamilnadu factories rules 1950.
WELFARE – CHAPTER V
(Section 42 to Section 50)

46. CANTEENS

 The occupier of every factory wherein more than 250 workers or


ordinarily employed a canteen or canteens with the prescribed
facilities shall be provided and maintained for the use of workers
according section 46 rule 65 to 71 factories Act,1948 and Tamilnadu
factories rules 1950.

 food handlers shall be medically examined by the factory medical


officer or the certifying surgeon and such examinations shall include
routine and bacteriological testing of faeces and urine

 Routine blood examination

 Chest x-ray
WELFARE – CHAPTER V
(Section 42 to Section 50)

47. SHELTERS, REST ROOMS AND LUNCH ROOMS

 The occupier of every factory wherein more than 150 workers or


ordinarily employed adequate and suitable shelters or rest roons and
a suitable lunch room shall be provided and maintained for the use of
workers according section 47 rule 72 of factories Act,1948 and
Tamilnadu factories rules 1950.

48. CRECHES

 In every factory wherein more than 30 woman workers are


ordinarily employed there shall be provided and maintained a
suitable room or rooms for the use of children under the age of 6
years of such women with additional facilities according section 48
rule 73 to 76 of factories Act,1948 and Tamilnadu factories rules
1950.
WELFARE – CHAPTER V
(Section 42 to Section 50)

49.WELFARE OFFICERS

 In every factory wherein 500 or more workers are ordinarily


employed the occupier shall employed in the factory such number of
welfare officers as maybe prescribed according section 49 of factories
Act,1948 and Tamilnadu factories rules 1950.

50. POWER TO MAKE RULES


WORKING HOURS OF ADULTS
CHAPTER VI
(Section 51 to Section 66)

51. WEEKLY HOURS – not more than 48 hours in any week

52. WEEKLY HOLIDAYS – the first day of the week i.e.Sunday


Notice to be given to the authorities before or after 3 days of the
said day

53. COMPENSATORY HOLIDAYS – shall be allowed within 3


months

54. DAILY HOURS – subject to provision of section 51 not more


than 9 hours in any day

55. INTERVALS FOR REST – no working period shall exceed 5


hours before he had an interval for rest at least half an hour
WORKING HOURS OF ADULTS
CHAPTER VI
(Section 51 to Section 66)

56. SPREADOVER – inclusive of intervals for rest under


section 55 not more than ten and a half hours in any day

57. NIGHT SHIFTS

58. PROHIBITION OF OVERLAPPING OF SHIFTS

59. EXTRA WAGES FOR OVERTIME

 whenever a worker works in a factory for more than 9 hours


in any day or more than 48 hours in any week he shall be
entitled to get double the rate of ordinary wages

60. RESTRICTION ON DOUBLE EMPLOYMENT


WORKING HOURS OF ADULTS
CHAPTER VI
(Section 51 to Section 66)

61. NOTICE OF PERIOD OF WORK FOR ADULTS

 The notice of periods of work for adult workers and children in


Form No:11 shall be displayed in the factory notice board and
the copy of which shall be submitted to the authorities
according section 61(1) (9) and rule 79 of factories Act,1948
and Tamilnadu factories rules 1950.

62. REGISTER OF ADULT WORKERS - the register of adult


workers shall be maintained in Form No: 12 and shall be shown
at the time of inspection according section 62 and rule 80 and 86
of factories Act,1948 and Tamilnadu factories rules 1950.
WORKING HOURS OF ADULTS
CHAPTER VI
(Section 51 to Section 66)

63. HOURS OF WORK TO CORRESPOND TO NOTICE U/S


61 AND REGISTER UNDER SECTION 62

64. POWER TO MAKE EXEMPTING RULES


o DAILY HOURS – UPTO 12 HOURS
o SPREADOVER – 13 HOURS
o WEEKLY HOUR – 60 HOURS
o NO OVERTIME FOR MORETHAN 7 DAYS AT A STRETCH
o TOTAL OVERTIME - UPTO 75 HOURS IN ANY QUARTER

65. POWER TO MAKE EXEMPTING ORDERS

66. FURTHER RESTRICTION ON EMPLOYMENT OF WOMEN


EMPLOYMENT OF YOUNG PERSONS
CHAPTER VII
(Section 67 to Section 77)
67. Prohibition of employment of young children
 No child who has not completed his 14th year shall be
required or allowed to work in a factory
68. Non-adult workers to carry tokens
69. Certificate of fitness
70. Effect of certificate of fitness granted to adolescent
71. Working hours for children
72. Notice of period of work for children
73. Register of child workers
74. Hours of work to correspond with notice under
section 72 and register under section 73
75. Power to require medical examination
76. Power to make rules
77. Certain other provisions of law not barred.
LEAVE WITH WAGES
CHAPTER VIII
(Section 78 to Section 84)
78. Application of Chapter

79. Annual leave with wages


 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 at
the rate of 1 day for every 20 working days
 Worker Worked for two-thirds of the total no of days in the year if
incase the worker joins at the middle of the year .
 Leave with wages can be carried over for not more than 30 days
 Leave with wages register in Form No:15 and shall be
shown at the time of inspection according to section 83 rule
87 of factories Act,1948 and Tamilnadu factories rules
1950.
LEAVE WITH WAGES
CHAPTER VIII
(Section 78 to Section 84)

 Leave book shall be given to the worker and it is the


property of the worker according to section 83 rule 88 of
factories Act,1948 and Tamilnadu factories rules 1950.

 Incase of the worker dies, the payment wages for the


period of leave with wages shall be paid to the nominee of
the worker within 1 week of the receipt of the intimation
of the death of the worker

80. Wages during leave period


 At the rate equal to the daily average of his total full time
earnings for the day
LEAVE WITH WAGES
CHAPTER VIII
(Section 78 to Section 84)

81. Payment in advance in certain cases

82. Mode of recovery of unpaid wages

83. Power to make rules

84. Power to exempt factories


SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)
85. Power to apply the Act to certain premises
 The State Government may by notification in the official
Gazette declare that all or any of the provisions of this Act
shall apply to any place irrespective of the proof of
employment. Ex. Fire works factories and match work
factories.

86. Power to exempt public institutions.

87. Dangerous operations


 The State Government declared the following 32 operations
when carried on in a factory as a dangerous operations
according to section 87 rule 95 of factories Act,1948 and
Tamilnadu factories rules 1950.
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)
Dangerous operations

1. Manufacture of aerated water and processes incidental


thereto.
2. Electroplating or oxidation of metal articles
3. Manufacture and repair of electric accumulators.
4. Glass manufacture.
5. Grinding or glazing of metals.
6. Manufacture and treatment of lead and certain
compounds of lead.
7. Generation of gas from dangerous petroleum
8. Cleaning or smoothing of articles by a jet of sand,
metal
shot or grit or other abrasive propelled by a blast of
compressed air or steam.
9. Liming and tanning of raw hides and skins and
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)
Dangerous operations
10. Cellulose spraying.
11. Graphite powdering and incidental processes.
12. Certain lead process carried on in printing presses and
type foundries.
13. Cashew nut processing.
14. Dyeing, stenciling and painting of mats, matting's and
carpets in coir and fibre factories.
15. Pottery and ceramics industry.
16. Chemical works
17. Manufacture of dichromates
18. Compression of oxygen and hydrogen produced by the
electrolysis of water.
19. Manipulation of stone of any other material containing
free silica
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)
Dangerous operations
20. Handling and processing of asbestos, manufacture of any
article of asbestos and any other process or manufacture or
otherwise in which asbestos is used in any form.

21. Handling and manipulation of corrosive substances.

22. Manufacture or manipulation of Carcinogenic Dye


intermediates.
23. Process of extracting oils and fats from vegetable and animal
sources in Solvent Extraction Plants.

24. Fireworks Manufactories and Match factories.

25. Manufacture or manipulation of Manganese and its


compounds.
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)
Dangerous operations

26. Carbon-disulphide plants.

27. Manufacture, handling and use of Benzene

28. Operations involving High Noise Levels.

29. Manufacture or manipulation of dangerous pesticides

30. Manufacture of Rayon by viscose Process

31. Flammable liquefied or compressed gases and highly


flammable liquids

32. Operations in foundries.


SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)
Dangerous operations

Medical Examination:

 The workers working in the above scheduled dangerous


operations shall be medically examined by certifying
surgeon before the time of joining i.e. pre medical
examination and also periodical medical examination
shall be carried out once in six months and the medical
fitness certificate in Form No:27 to be obtained and the
record of such medical examination shall be entered in the
Health register of Form No:17 and it shall be shown at
the time of inspection

 The fee for such medical examination of workers by the


certifying surgeon shall be Rs.100 for each examination
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)

87A. Power to prohibit employment on account of serious


hazard

88. Notice of certain accidents


 Wherein any factory an accident occurs which causes death

the manager of the factory shall submit Form No: 18 to the


authorities within 12 hours of the occurrence of the accident
according to section 88 and rule 96(1)(2) of factories Act,1948
and Tamilnadu factories rules 1950.
 the inspector shall make an inquiry in to the occurrence of the
accident causing death within one month of the receipt of the
notice.
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)
 Wherein any factory an accident occurs which causes serious
bodily injury by reason of which the person injured is
prevented from working for a period of more than 48
hours immediately following the accident, the manager of the
factory shall submit Form No: 18 to the authorities within 24
hours after the expiry of 48 hours of the occurrence of the
accident according to section 88 and rule 96(4) factories
Act,1948 and Tamilnadu factories rules 1950

 Incase of worker injured does not return to work in the factory


before the expiry of 21 days after the occurrence of the
accident the manager of the factory shall submit Form No:18B
within 28 days of the occurrence of the accident and at every
fortnight until he joins duty according to section 88 and rule
96(6) factories Act,1948 and Tamilnadu factories rules 1950
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)

88A. Notice of certain dangerous occurrences


 Wherein any factory an accident occurs which causes death or
the dangerous occurrence the manager of the factory shall
submit Form No: 18 to the authorities within 12 hours of
the occurrence of the accident according to section 88 and rule
96(1)(2) and section 88-A and rule 96 (1)(3) of factories
Act,1948 and Tamilnadu factories rules 1950

89. Notice of certain diseases


 A notice in form No:19 should be sent to the DISH and to the
certifying surgeon by the manager of the factory incase of any
occurrence of the following notifiable diseases prescribed in 3rd
schedule of factories Act, 1948
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)

List of Notifiable diseases

1. Lead poisoning including poisoning by any preparation or


compound of lead or their sequelae.
2. Lead tetra-ethyl poisoning.
3. Phosphorous poisoning or its sequelae. 68 The Factories Act,
1948 Schedule
4. Mercury poisoning or its sequelae.
5. Manganese poisoning or its sequelae.
6. Arsenic poisoning or its sequelae.
7. Poisoning by nitrous fumes.
8. Carbon bisulphide poisoning.
9. Benzene poisoning, including poisoning by any of its
homologues, their nitro or amido derivatives or its sequelae.
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)

List of Notifiable diseases

10. Chrome ulceration or its sequelae.


11. Anthrax
12. Silicosis
13. Poisoning by halogens or halogen derivatives of the
hydrocarbons, or the aliphatic series
14. Pathological manifestation due to :
(a) radium or other radioactive substances
(b) X-rays.
15. Primary epitheliomatous cancer of the skin.
16. Toxic anaemia.
17. Toxic jaundice due to poisonous substances.
18. Oil acne or dermatitis due to mineral oils and compounds
containing mineral oil base.
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)

List of Notifiable diseases


19. Byssionosis.
20. Asbestosis.
21. Occupational or contact dermatitis caused by direct contract
with chemical and paints. These are of two types, that is,
primary irritants and allergic sensitizers.
22. Noise induced hearing loss (exposure to high noise levels).
23. Beryllium poisoning.
24. Carbon monoxide poisoning
25. Coal miners' pneumoconiosis.
26. Phosgene poisoning.
27. Occupational cancer.
28. Isocyanates poisoning.
29. Toxic nephritis.
SPECIAL PROVISIONS
CHAPTER IX
(Section 85 to Section 91A)

90. Power to direct enquiry into cases of accident or disease

91. Power to take samples

91A. Safety and occupational health surveys


PENALTIES & PROCEDURES
CHAPTER X
(Section 92 to Section 106A)

92. General penalty for offences


 Any contraventions of any of the provisions of the factories
Act and rule made there under, occupier and manager of
the factory shall each be guilty of an offence and
punishable with imprisonment for maximum of 2 years
or with a fine of one lakh Rupees or with both
 If contravention is continued after conviction with a
further fine of maximum of one thousand Rupees for
each day on which contravention is continued.
 Where contravention of any of the provisions of chapter
IV or under section 87 has resulted in an accident
causing death the fine shall not be less than twenty
five thousand Rupees and incase of serious bodily
injury the fine shall not be less than five thousand
Rupees
PENALTIES & PROCEDURES
CHAPTER X
(Section 92 to Section 106A)

93. Liability of owner of premises in certain


circumstances

94. Enhanced penalty after previous conviction


 if any person who has been convicted of any offence
punishable under section 92 is again guilty of an offence of
the same provision punishable with imprisonment for
maximum period of 3 years and fine amount shall not be
less than ten thousand rupees but which may extend to
two lakh rupees or with both
 For death - not less than thirty five thousand rupees
 For serious bodily injury – not less than ten thousand
rupees
PENALTIES & PROCEDURES
CHAPTER X
(Section 92 to Section 106A)

95. Penalty for obstructing Inspector

96. Penalty for wrongfully disclosing results of analysis


under section 91

96A. Penalty for wrongfully disclosing results of


analysis of sections 41B, 41C and 41H
 Whoever fails to comply with or contraventions any of the
provisions of section 41B, 41C or 41H be punishable with
imprisonment for the maximum of 7 years and with
maximum fine of two lakh rupees
 Incase of contravention continues with additional fine of
maximum five thousand rupees for everyday
PENALTIES & PROCEDURES
CHAPTER X
(Section 92 to Section 106A)

97. Offences by workers


98. Penalty for using false certificate of fitness
99. Penalty for permitting double employment of child
100. Omitted
101. Exemption of occupier or manager from liability in
certain cases
102. Power of court to make orders
103. Presumption as to employment
104. Onus as to age
104A. Onus of proving limits of what is practicable etc.
-
PENALTIES & PROCEDURES
CHAPTER X
(Section 92 to Section 106A)

105. Cognizance of offences


 No court shall take cognizance of any offence under this
Act, except on complaint by, or with the previous sanction
in writing of an inspector
 Chief judicial magistrate or chief metropolitan magistrate of
the respective district shall try any offence punishable
under this Act.

106. Limitation of prosecution


 the complaint or the charge sheet shall be filed within 3
months of the date of the offence came to the knowledge
of inspector
PENALTIES & PROCEDURES
CHAPTER X
(Section 92 to Section 106A)
 If the offence consists of disobeying a return order made
by an inspector complaint or charge sheet maybe be filed
within six month of the date on which the offence is alleged
to have been committed

106A. Jurisdiction of a court for entertaining


proceedings, etc for offences
SUMPPLEMENTAL
CHAPTER XI
(Section 78 to Section 84)
107. Appeals
108. Display of notices
109. Service of notices
110. Returns
 The manager of the factory shall submit half yearly
returns of factories Act, in Form No:21 before 31st July
of every year to the prescribed authorities
 The manager of the factory shall submit combined
Annual returns of factories Act, in Form No:22 before
31st January of every year to the prescribed authorities

111. Obligations of workers

111A. Right of workers, etc


SUMPPLEMENTAL
CHAPTER XI
(Section 78 to Section 84)

112. General powers to make rules


113. Powers of Centre to give directions

114. No charge for facilities and conveniences


115. Publication of rules

116. Application of Act to Government factories


117. Protection to persons acting under this Act

118. Restriction on disclosure of information


118A. Restriction on disclosure of information
SUMPPLEMENTAL
CHAPTER XI
(Section 78 to Section 84)

119. Act to have effect notwithstanding anything


contained in Act 37 of 1970
 The provisions of this Act shall have effect not withstanding
anything inconsistent there with contained in the contract
labour (regulation & Abolition) Act, 1970 or any other law
for the time being in force.

120. Repeal and savings


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