The Factorys Act 1948

By : Ms. Sneha Saini Assistant Professor RDIAS

OBJECTIVES
To improve the status of workers To reduce working hours To improve working conditions To reduce exploitation of workers To protect workers from industrial & occupational hazardous diseases

Application
To establishments in which 10 or more persons are working power is used and 20 or more persons where no power is used Extends to whole of India

Definition of a Factory:Factory

is defined in Section 2(m) of the Act. It means any premises including the precincts thereof-

i. Whereon ten 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 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 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.

Interpretation
SECTION 2

a) adult means a person who has

completed his eighteenth year of age b) adolescent means a person who has completed his fifteenth year of age but has not completed his eighteenth year bb) calendar year means the period of twelve months beginning with the first day of January in any year

 c) child means a person who has not completed his fifteenth year of age d) young person means a person who is either a child or an adolescent f) week means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories

g) power means electrical energy , or any other form of energy which is mechanically transmitted and is not generated by human or animal agency

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 , or ii) pumping oil, water ,sewage or any other substance , or iii) generating , transforming or transmitting power, or
i)

 iv) composing types for printing , printing by letter press , lithography , photography or other similar process or book binding, or v) constructing , reconstructing , repairing , refitting , finishing or breaking up ships or vessels, or vi) preserving or storing any article in cold storage

V. P . Gopala Rao v . Public Prosecutor , Andhra Pradesh

Acc to Sec2 m premises including the precincts thereof-

case1

Q Whether companys premises at Eluru constitutes a factory ?

i. Whereon ten 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 with the aid of power, or is ordinarily so carried on;

FACTS OF THE CASE

More than 20 persons were working on the premise regularly every day under the supervision of management At the premise sun-cured tobacco leaves bought from the growers were subjected to the process of moistening , stripping and packing The stalks were stripped from the leaves The Thukku and Pagu leaves were seperated

The leaves were tied up in bundles and stored in the premises Time to time packed in gunny bags & exported to the companys factory at B where they were used for manufacturing cigarettes Manufacturing process as defined in S.2 (k)I were carried out Moistening was an adaptation of tobacco leaves, stalks were striped by breaking them up , leaves were packed

Thus breaking up , adaptation and packing of tobacco leaves were done with a view of their use and transport All these processes are manufacturing processes within S.2 (k) i

The process of transforming electrical energy from high to a low potential and the process of transmitting the energy through supply lines are both manufacturing process.

WORKER Sec 2(L)

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 any other kind of work incidental to, Or connected with the manufacturing process Or subject of manufacturing process but does not include any member of the armed forces of the union

Case : Birdhichand Sharma v First Civil Judge , Nagpur

Workmen worked at bidi factory were not at liberty to work at their homes Worked within certain hours which were factory hours , though they were not bound to work for the entire period & could go away whenever they liked

 Attendance was noted in factory They could come & go away whenever they liked But if any of them came after midday he was not supplied with tobacco & was thus not allowed to work Factory closed at 7 pm Worker who remained absent for eight days (presumably without leave ) could be removed Payment on piece rates Management had the right to reject such biris which are not acc to standards Q Whether biri workers are worker acc SEC 2(l)

Yes Supervision /control At the end of day , when bidis are ready , by the method of rejecting those which do not come up to the proper standard

DIFFERENCE BETWEEN WORKMAN & INDEPENDENT CONTRACTOR Does not work himself Gets other to work

A person employed in a paper factory Engaged in supervising & checking quality & weightment of waste papers & rags, which are basic raw-materials for manufacturing paper Deal with receipts & maintain records of stocks & pass the bills of the suppliers of waste paper & rags Precincts of factory Subject of manufacturing process

Definition of a Factory:Factory is defined in Section 2(m) of the Act. It means any premises including the precincts thereofi. Whereon ten 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 with the aid of power, or is ordinarily so carried on; or

ii. 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 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.

Case : Ardeshir H. Bhiwandiwala v.State of Bombay

Premises meaning open land or land with buildings or buildings alone Sea water in the sea never becomes salt merely on account of play of suns rays on it Labourers are employed In admitting sea water to reservoirs by working sluice gates , sometimes at night also , or the pump Filling crystallizing beds Watching density of brine Seeing density does not exceed certain limit etc.

Scraping & collecting salt crystals Grading by sieving Putting salt into gunny bags By human agency not natural force Treatment & adaptation of sea water into salt

Case : Works Manager , Central Rly. Workshop , Jhansi v. Vishwanath

)

The Additional District Judge found that some of the respondents were time keepers who maintained attendance of the staff, job card particulars of the various jobs under operation and the time sheets of the staff working on various shops dealing with the production of Railway spare parts and repairs etc. and that other respondents were head time keepers entrusted with the task of supervising the work of other respondents. He, therefore, came to the conclusion that the work done by the respondents was "incidental to" or

"connected with" the manufacturing process. The High Court in revision affirmed this order. On the question whether the respondents fell within the purview of the definition of "worker" in s. 2(1) of the Factories Act. http://vlex.in/vid/railway-workshop-jhansivishwanath-29691872

OCCUPIER
IN CASE OF FIRM OR OTHER ASSOCIATION OF INDIVIDUALS ANYONE OF THE INDIVIDUAL PARTNER OR MEMBER IN CASE OF CO. DIRECTOR INCASE OF FACTORY OWNED OR CONTROLLED BY CENTRAL GOVT OR ANY STATE GOVT. OR ANY LOCAL AUTHORITY THE PERSON APPOINTED BY CENTRAL GOVT

INDIAN OIL CORPORATION LTD.

http://indiankanoon.org/doc/14 20594/

J.K. INDUSTRIES LTD. CASE

SECTION 8 INSPECTORS
Notification in official gazette Prescribed qualification Chief Inspector As many additional Chief Inspectors, Joint Chief Inspectors & Deputy Chief Inspector & other officers No such person should continue to hold the office in a factory District Magistrate Public servant

SECTION 9 POWERS OF INSPECTORS

Enter any place which he has a reason to believe is used as a factory Make examination of premises, plant , machinery etc. Inquire into any accident or dangerous occurrence, whether resulting in bodily injury ,

Require production of any prescribed register or any other document relating to factory Seize or take copies of any register , record or other document Direct occupier that anything lying shall be left undistributed Take measurements , photographs Direct to dismantle , test

HEALTH
C D V D A O L D L S

SEC 11 CLEANLINESS
Accumulation of dirt & refuse removed daily by sweeping Floor of workmen cleaned atleast once a week by washing Where floor liable to become wet drainage All walls & partitions, ceilings or tops of rooms , tops of passages, staircase shallWhere painted otherwise than washable waterpaint or varnished , be repainted or revarnished once in every period of 5 years

 Washable paint atleast one coat of such paint once in every 3 years & washed once every 6 months Painted or varnished atleast once every 14 months White wash colour wash 14 months All doors window frames & other metallic frame kept painted or varnished every 5 years Dates on which shall be entered in prescribed register Exemption

SECTION 12 DISPOSAL OF WASTES

Effective arrangement for disposal of waste & effluents due to manufacturing process

SEC13 VENTILATION & TEMPERATURE

Fresh air circulation Such temperature as will secure to workers therein reasonable conditions of comfort & prevent injury to health Walls & roofs of such material and so designed that such temperature should not be exceeded but kept as low as practicable

SEC14 DUST AND FUME

Prevent inhalation & accumulation in any workroom , exhaust appliance if necessary , shall be applied as near as possible at the point of origin , such point should be enclosed No stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air , effective measure if so

SEC 15 ARTIFICIAL HUMIDIFICATION

Prescribing standards of humidification Regulating method used Prescribing method for adequate ventilation & cooling Water used for purpose shall be taken from a public supply or other source of drinking water

SEC 16 OVERCROWDING
No room in any factory shall be overcrowded to such an extend injurious to health of workers 14.2 cubic metres space for every worker

SEC17 LIGHTING
Sufficient suitable lighting , natural or artificial or both Glazed windows , skylights should be kept clean both inner & outer surfaces Prevent glare Prevent shadow formation

SEC 18 DRINKING WATER

Suitable points for wholesome drinking water All such points legibly marked drinking water in a language understood by majority not within 6 metres of any washing place, urinal , latrine, spittoon, open drain carrying sullage or effluent More than 250 workers provision for cooling drinking water during hot weather

SEC 19 LATRINES & URINALS

Conveniently situated & accessible to all workers all the time Separate enclosed accommodation for male & female workers Maintained in clean condition Sweepers employed to keep clean Where more than 250 workers Prescribed sanitary type Floors and internal walls upto height of 90cm , glazed tile Thoroughly washed & cleaned at least once 7 days with detergents or disinfectants

SEC20 SPITTOONS

Sufficient number, convenient place , clean condition Punishable with a fine not exceeding 5 rupees

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 Striking gear and devices for cutting off power. Sec 24 Self-acting machines.- Sec 25 Casing of new machinery.- Sec 26 Prohibition of employment of women and children near cottonopeners.- Sec 27 Hoists and lifts.- Sec 28.

PROVISIONS RELATING TO HAZARDOUS PROCESSES

41B Compulsory disclosure of information by occupier Detailed policy with respect to health & safety 41C Specific responsibility of the occupier in relation to hazardous process Maintain accurate health records

WELFARE
SEC 42 Washing facilities Separate for male , female Clean SEC 43 Facilities for storing & drying clothing SEC 44 : Facilities for sitting SEC45 : First aid One such box for every 150 workers Incharge More than 500 an ambulance room Sec 46 canteen More than 250 workers More than 500 ambulance room SEC 46 Canteens if more than 250

Sec 47 shelters , rest rooms & lunch rooms More than 150 workers Sufficiently lighted Sec 48 creches More than 30 women workers a suitable room for children under the age of 6 years SEC 49 Welfare officer 500 or more

WORKING HOURS OF ADULTS

Sec 51 no adult shall be required or allowed to work in a factory for more than 48 hours Sec52 weekly holidays No worker shall work on 1st day of week unless he will have a holiday for a whole day on one of the three days immediately before or after the said day

 Daily hours, not more than 9 hours. - Sec: 54

Intervals for rest at least hour on working for 5 hours. - Sec: 55 Spread over not more than 10 hours. - Sec: 56 Night shift - Sec 57

 Overlapping shifts prohibited. - Sec: 58 Extra wages for overtime double than

normal rate of wages - Sec:59

Restrictions on employment of women before 6AM and beyond 7 PM. - Sec: 66

EMPLOYMENT OF YOUNG PERSONS

Sec 67 prohibition if employment of young persons No child who has not completed his 14th year shall be required to work in any factory Sec68 non adult workers to carry token A child who has completed his 14th year or an adolescent shall not be required or allowed to work in any factory unless A certificate Carries token