FACTORIES ACT 1948

Views:
 
Category: Education
     
 

Presentation Description

No description available.

Comments

Presentation Transcript

FACTORIES ACT 1948:

FACTORIES ACT 1948 PRESENTED BY- RAVI KESHARI M.PHARM I st YEAR (CEUTICS) PSIT KANPUR

Definition of a Factory:

D efinition of a Factory “ Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereof- 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 :

INTERPRETATION Adult Adolescent Child Young person Day Week Calendar year

Slide 4:

Power “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-- Cause material impairment to the health of the persons engaged in or connected therewith Result in the pollution of the general environment References to time of day- In this Act references to time of day are references to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time:

INSPECTORS:

INSPECTORS The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. Chief Inspector Addition Chief Inspector Joint Chief Inspector Deputy Chief Inspector Every District Magistrate shall be an Inspector for his district

POWERS OF INSPECTORS:

POWERS OF INSPECTORS Make examination of the premises,plant,machinery,article or substance. Inquire into any accident or dangerous occurrence,whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry. Require the production of any prescribed register or any other document relating to the factory. Seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committeed. Take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause taking with him any necessary instrument or equipment.

Slide 7:

Cleanliness Disposal of wastes and effluents Ventilation and temperature Dust and fume Artificial humidification Overcrowding Lighting Drinking water Spittoons Saftey Safety of buildings and machinery Washing facilities

WORKING HOURS OF ADULTS:

WORKING HOURS OF ADULTS Weekly hours- No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Weekly holidays-No adult worker shall be required or allowed to work in a factory on the first day of the week (here in after referred to as the said day) Unless He has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and The manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,-- Delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted Displayed a notice to that effect in the factory:

Slide 9:

Daily hours. Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day. Intervals for rest-[The periods of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. Night shifts- Where a worker in a factory works on a shift which extends beyond midnight. Extra wages for overtime- Where a worker works in a factory for more than nine hours in any day or for more than forty eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

Slide 10:

Restriction on double employment. No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. Register of adult workers- The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing- The name of each adult worker in the factory; The nature of his work; The group, if any, in which he is included; Where his group works on shifts, the relay to which he is allotted.

RESTRICTIONS ON EMPLOYMENT OF WOMEN:

RESTRICTIONS ON EMPLOYMENT OF WOMEN No woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. Provided that the State Government may, by notification in the Official Gazette, in respect of 2*[any factor or group or class or description of factories,] vary the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 AM.

EMPLOYMENT OF YOUNG PERSONS:

EMPLOYMENT OF YOUNG PERSONS Prohibition of employment of young children. No child who has not completed his fourteenth year shall be required or allowed to work in any factory. Working hours for children-No child shall be employed or permitted to work, in any factory-- (a) for more than four and a half hours in any day (b) during the night. No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.]

Register of child workers:

Register of child workers Register of child workers- The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing- (a) The name of each child worker in the factory (b) The nature of his work (c) The group, if any, in which he is included (d) Where his group works on shifts, the relay to which he is allotted (e) The number of his certificate of fitness granted under section 69

ANNUAL LEAVE WITH WAGES:

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 for a number of days calculated at the rate of- (i) If an adult, one day for every twenty days of work performed by him during the previous calendar year. (ii) If a child, one day for every fifteen days of work performed by him during the previous calendar year. In the case of a female worker, maternity leave for any number of days not exceeding twelve weeks.

GENERAL PENALTY FOR OFFENCES:

GENERAL PENALTY FOR OFFENCES General penalty for offences. Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to 2*[two years] or with fine which may extend to 2*[one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to 2*[one thousand rupees] for each day on which the contravention is so continued:

authorStream Live Help