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THE FACTORIES ACT, 1948. ACT NO. 63 OF 1948 [23rd September, 1948.] Presented by:- Anjan, Molan, Trinayan & Debraj. MBA (PT) 6 th Sem. 10/13/2011 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. 10/13/2011 2

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10/13/2011 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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10/13/2011 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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10/13/2011 5 Legislative history : Repealing and Amending Act, 1949 ( 40 of 1949) Adaptation of Laws order, 1950. Repealing and Amendment Act 1950, ( 35 of 1950 ) Part B states ( Laws) Act , 1951( 3 of 1951) Factories ( Amendment) Act, 1954 ( 25 of 1954) Central Labour Laws ( Extension to J&K) Act, 1970( 51 of 1970) Factories ( Amendment ) Act 1976, ( 94 of 1976) Factories ( Amendment) Act , 1987, ( 20 of 19 87)

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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. 10/13/2011 6

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10/13/2011 7 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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10/13/2011 8 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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10/13/2011 9 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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10/13/2011 10 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 and effluents Ventilation and temperature Dust and fume Artificial humidification Overcrowding Lighting Drinking water Latrines & Urinals. Spittoons. Secs. 11 to 20 Registration & Renewal of Factories : To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan . 10/13/2011 11

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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 Hoists and lifts. sec28 Lifting Machines, chains, ropes etc. sec 29 Revolving Machinery. sec30 Pressure Plant. Sec 31 10/13/2011 12

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10/13/2011 13 Floors, staircases etc. Sec32 Pits , sumps , openings & in floors, etc. Sec 33 Excessive weight . sec34 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 10/13/2011 14

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Working Hours, Spread Over & Overtime of Adults Weekly hours not more than 48. Daily hours, not more than 9 hours. Intervals for rest at least ½ hour on working for 5 hours. Spread over not more than 10½ hours. Overlapping shifts prohibited. Extra wages for overtime double than normal rate of wages. Restrictions on employment of women before 6AM and beyond 7 PM. Secs. 51, 54 to 56, 59 & 60 10/13/2011 15

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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 10/13/2011 16

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10/13/2011 17 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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10/13/2011 18 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. Discharge, Dismissal ,death , quitting of employment- He , his heir , nominee as the case may be entitled to wages. 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. Accumulation of leave for 30 days( Leave can be accumulated up to 30 days in case of an adult or 40 days in case of a child) ……………………….. Sec. 79 10/13/2011 19

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10/13/2011 20 Crèche - > 30 women workers Restroom / shelters and lunch room - > 150 workmen Cooled drinking water - > 250 workers Canteen - > 250 workers Ambulance room – Doctor, Nurse and Dresser cum compounder - > 500 workers Welfare officer - > 500 workers Lady welfare officer - > more nos. of women workers FLASH BACK OF THE PRESENTATION :

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10/13/2011 21 What? If we contravene or do not comply with?

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OFFENCE PENALTIES Sec.92 to 106 For contravention of the Provisions of the Act or Rules Imprisonment up to 2 years or fine up to Rs.1,00,000 or both On Continuation of contravention Rs.1000 per day On contravention of Chapter IV pertaining to safety o n dangerous operations. Not less than Rs.25000 in case of death Not less than Rs.5000 in case of serious injuries. Subsequent contravention of some provisions Imprisonment up to 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000. What? If contravened or not complied with? 10/13/2011 22

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OFFENCE PENALTIES Sec.92 to 106 Obstructing Inspectors Imprisonment up to 6 months or fine up to Rs.10,000 or both. Wrongful disclosing result pertaining to results of analysis. Imprisonment up to 6 months or fine up to Rs.10,000 or both. For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger. Imprisonment up to 7 years with fine up to Rs.2,00,000 anon continuation fine @ Rs.5,000 per day. Imprisonment of 10 years when contravention continue for one year. 10/13/2011 23

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10/13/2011 24 Exemption of the occupier or Manager: u/s 101 of the Act The manager has to prove that the offender is someone else not him. Cite example of a fence . He has due diligence to enforce the execution of the Act. Other person has committed the offence without his knowledge, consent. Further while convicting a manager/ occupier, the court may order him to remedy the matters within a specified period in respect of which the offence was committed. In case of noncompliance a further offence is committed and liable to a further and enhanced punishment. u/s102 of the Act. A) 6 months imprisonment or B) fine of Rs. 100 pr day from the date of non-compliance of the order, for every day, or C) both fine and imprisonment .

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10/13/2011 25 A, a publishing company, engages, B a contractor to do the work of binding of their volumes. The work is not connected with A’s manufacturing process and is to be done outside the premises of A’s company. Without the knowledge of A’s manager B brings some workers on the premises of the company on a holiday. The factory Inspector checks and finds the manager for a breach of section 52 of the F.Act. …..decide. As the manager had no control over B’s workers they are not the workers within the meaning of section 52 and cannot be convicted. lets discuss : a situation

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10/13/2011 26 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.

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10/13/2011 28 Sec 41B : COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER ..policy with regard to health and safety of workers., on site emergency plan disaster control measures, handling ,usage and transport of hazardous substances. Sec 41C : Specific responsibility of the occupier in relation to hazardous processes. Sec 41H: Right of workers to warn about imminent danger Sec 52: weekly holidays … every adullt worker in a factory shall be allowed a holiday during a week. Sec 79: rules relating to annual leave with wages

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