final factory act 1948_2

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THE FACTORIES ACT, 1948. ACT NO. 63 OF 1948 [23rd September, 1948.] Presented by:- amit vadher,neha tulsani MBA 4 th Sem 1

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Back ground of the Act. Introduction/ applicability of the Act. Legislative history. Short title and content of the Act. objective of the act. Short title, extent and commencement. Definitions salient features of the act. Registration & Renewal of Factories . Safety measures. Welfare Measures. Working Hours, Spread Over & Overtime of Adults. Employment of young persons . employment of woman leave as per provision of the act OFFENCE / penalties and Conclusion. 2

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3 Background: 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. On the basis of the recommendations of the Factory Labour Commission, more comprehensive Law was introduced in 1911, which got amended in 1923, 1926 and 1931 With the amendments made by Royal Commission of Labour (1931), Comprehensive Factory Act, 1934 was introduced. Following recommendations of the Royal Commission, the Govt. of India enacted Factories Act, 1948

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6/18/2012 4 Introduction The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places Applicability of the Act : Any premises whereon 10 or more persons with the aid of power or 20 or more workers are/were without aid of power working on any day preceding 12 months, wherein Manufacturing process is being carried on. ......Sec.2(ii )

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OBJECTIVE OF THE ACT The Act seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conducive to their health and safety The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. 5

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6/18/2012 6 Short title, extent and commencement . 1. Short title, extent and commencement. This Act may be called the Factories Act, 1948. It extends to the whole of India .] It came into force on the 1st day of April, 1949 .

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7 Definitions The term “Factory” under Section 2(m) of the act means : Any premises in which 10 or more workers are employed and are engaged in manufacturing process being carried out with the aid of power or Any premises in which 20 or more workers are employed in manufacturing process being carried out without the aid of power The term “Power” under Section 2(g) of the act means not only electrical energy but also any other form of energy, which is mechanically transmitted, but is not generated by human or animal energy The term “Manufacturing Process” under Section 2(K) of the act means : 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 Pumping oil, water, sewage or any other substance; or Generating, transforming or transmitting power; or Composing types for printing, by letter press, litho- graphy or other similar processes; or Constructing, reconstructing, repairing, refitting or breaking up ships or vessels; or Preserving or storing any article in cold storage

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6/18/2012 8 Factory does not include a mine, a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place 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 Water works maintained by a municipality Electricity department of municipality The term “Worker” under Section 2(I) of the act means a person employed (Directly or through any agency including a contractor), with or without the knowledge of principal employer, whether for remuneration or not in any manufacturing or not in manufacturing process, but does not include any member of the armed forces of the Union Definitions ……………… contd

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APPROVAL/LICENCING APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING: PROPOSED CONSTRUCTION EXTENTION TO EXISTING FACTORY BUILDING FOR INSTALLATION OF MACHINAIRES – CHANGE IN LAYOUT OF MACHINES RESITING OF MACHINES APPLICATION SHALL BE MADE BEFORE MAKING ANY CHANGES THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS PERMISSION IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, PERMISSION APPLIED IN THE APPLICATION SHALL BE DEEMED TO BE GRANTED.

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LICENCING REGISTRATION AND GRANT OF FACTORY LICENCE BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER - BEFORE 15 DAYS. THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. LICENCE WILL BE GRANTED IN FORM 3. IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, REGISTRATION SHALL BE DEEMED TO BE GRANTED. LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR. OPTION HAS BEEN GIVEN TO RENEW THE LICENCE FOR PERIOD NOT EXCEEDING THREE YEARS.

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6/18/2012 11 Approval of Factory Building Plans before construction/extension, under the Delhi Factories Rules, 1950 . Grant of Licenses under the Factories Rules and to take action against factories running without obtaining License. Renewal of Licenses granted under the Factories Rules, by the Chief Inspectors of Factories . 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 Annual Leave with wages etc SALIENT FEATURES OF THE ACT

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employer to ensure health of workers pertaining to ………. Cleanliness Disposal of wastes Ventilation and temperature Dust and fume Overcrowding Lighting Drinking water Latrines & Urinals. Registration & Renewal of Factories : To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan . 12

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Clean work environment

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LIGHTING AND VENTILATION Minimum 3 foot candles of light , Fresh circulation of air by ensuring cross ventilation Adequate openings, 15% of floor area shall be kept open for natural ventilation Overcrowding – 14.2 cu.meter of space per person

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Sufficient toilet and urinal accommodations - One for every twenty five workmen . Toilet accommodations shall be maintained in clean and hygienic conditions. Separate facilities for the women workmen . Sufficient water facilities shall be available . Proper doors shall be ensured . Sweepers shall be employed to keep the facility neat and tidy. TOILET FACILITIES

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Drinking water Adequate drinking water in clean and hygienic conditions shall be provided and maintained . Minimum of 5 liters of water per person. Drinking water shall be kept at convenient places. If the source of supply is not from the public supply, the water shall be tested for its pot ability from the District Health Officer. If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.

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To ensure Safety Measures. chapter IV of F.ACT) secs 21 to 41 Fencing of machinery. Sec 21 Work on or near machinery in motion. sec22 Employment prohibition of young persons on dangerous machines. sec23 Striking gear and devices for cutting off power . sec24 Self-acting machines. Sec25 Casting of new machinery . sec26 Prohibition of employment of women and children near cotton-openers. Sec 27 lifts. sec28 Lifting Machines, chains, ropes etc. sec 29

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6/18/2012 21 Protection of eyes. sec35 Precautions against dangerous fumes. sec36 Precaution in cases of fire. sec38 & Specification of defective parts or tests of stability. sec39 Safety of building & machinery sec 40 Maintenance of building. sec41 secs 21 to 41 Safety Measures (contd)

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Welfare Measures secs 42 to 49 Washing facilities. Sec42 Facilities for storing and drying clothing. Sec43 Facilities for sitting. Sec44 First-aid appliances – one first aid box not less than one for every 150 workers. Sec45 Canteens when there are 250 or more workers. Sec46 Shelters, rest rooms and lunch rooms when there are 150 or more workers. Sec 47 Creches when there are 30 or more women workers. Sec 48 Welfare office when there are 500 or more workers. Sec 49 6/18/2012 22

WORKING HOURS OF ADULTS:

WORKING HOURS OF ADULTS WEEKLY HOURS WEEKLY HOLIDAYS COMPENSATORY HOLIDAYS DAILY WORKING HOURS 6/18/2012 35

CONT…:

CONT… INTERVALS FOR REST SPREAD OVER TIME NIGHT SHIFTS PROHIBITION OF OVERLAPPING SHIFTS 6/18/2012 36

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EXTRA WAGES FOR OVERTIME EMPLOYMENT OF WOMEN 6/18/2012 37

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6/18/2012 38 EMPLOYMENT OF WOMAN Prohibition of women workers at night shift Women shall not be allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.. The inspector may relax this norm but prohibited between 10 P.M. and 5 A.M. Working hours not more than-weekly 48 hours & daily 9 hours

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Employment of Young Persons Prohibition of employment of young children e.g. 14 years. Non-adult workers to carry tokens e.g. certificate of fitness. Working hours for children not more than 4 ½ hrs. and not permitted to work during night shift……….. Secs. 51, 54 to 56, 59 & 60 6/18/2012 39

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6/18/2012 40 Rules: Leave Entitlement- One day for every 20/15 days of work performed in case of adult/Child who has worked for period of 240 days. Computation of Period of 240 days- The days of lay-off, maternity leave not exceeding 12 weeks,& earned leave in previous year should be included. leave as per provision of the act : with wages

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Annual Leave with Wages A worker having worked for 240 days @one day for every 20 days and For a child one day for working of 15 days. 6/18/2012 41

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6/18/2012 42 Conclusion : The factories Act 194 has gone through many amendments to ensure the Safety, welfare and protection of the workers working in the factories as defined in this ACT. As to sustain in the ever changing world & the working condition due to completion among the competitors the employees are in no constrained to put their health, safety and life in danger working beyond the level of standards as prescribed by the Act. The law spares neither the guilty / offender employer who fail to comply with this act , nor the employees who contravene the provisions of the act or rules or orders made there under. It can be said that the Act was enacted has been amended from time to time to ensure the harmony in the workplaces of the factories so as to benefit both employees , employers and the society as a whole.

BIBLIOGRAPHY:

BIBLIOGRAPHY INDUSTRIAL RELATIONS AND LABOUR LAWS; Dr. V. KUBENDRAN & Ms. K. KODEESWARI; HIMALAYA PUBLISHING HOUSE 6/18/2012 43

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6/18/2012 44 THANK YOU VERY MUCH FOR YOUR PARTICIPATION

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