factory act 1948 original
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FACTORIES ACT, 1948.
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INTRODUCTION
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.
THE FACTORIES ACT, 1948.
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THE FACTORIES ACT, 1948.
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
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.
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THE FACTORIES ACT, 1948.
The following have held to be a factory:-
i. Salt works
ii. A shed for ginning and pressing of cotton
iii. A Bidi making shed
iv. A Railway Workshop
v. Composing work for Letter Press Printing
vi. Saw Mills
vii. Place for preparation of foodstuff and other eatables
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OBJECTIVE OF THE ACT
The Act has been enacted primarily with theobject of protecting workers employed in
factories against industrial and occupationalhazards.
For that purpose, it seeks to impose upon theowner or the occupier certain obligations to
protect the workers and to secure for thememployment in conditions conductive to theirhealth and safety.
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INTRODUCTION
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.
THE FACTORIES ACT, 1948.
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THE FACTORIES ACT, 1948.
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
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;
iii. 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.
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Employers are required to follow stringent licensing and safety measures.
Factory is defined as a place where manufacturing process is carried out using 10
workers using electrical power or 20 workers without power.
Manufacturing process also includes petrol pumps, retail workshops, handicraft
industries etc.
Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added
making disclosures mandatory for hazardous processes.
The working hours, leave , weekly days off and wages are similar to Shop and
Establishment Acts- this is discussed later herein.
Under the Act the occupier is responsible for all compliances and in the case of anincorporated company the Director on the board of the company must be designated for
the purpose of an occupier. Failing which all directors could become liable.
THE FACTORIES ACT, 1948.
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THE FACTORIES ACT, 1948.
HIGHLIGHTS:
The Factories Act, 1948 came into force on the 1st day of April,1949 and
extends to the whole of India. It was, in fact, extended to Dadra & Nagar
Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu &
Kashmir in 1970.
The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.
In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Act
has been enacted primarily with the object of protecting workers employed in
factories against industrial and occupational hazards. For that purpose, it 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.
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THE FACTORIES ACT, 1948.
THE FOLLOWING HAVE HELD TO BE A
FACTORY:-i. Salt works
ii. A shed for ginning and pressing of cotton
iii. A Bidi making shed
iv. A Railway Workshop
v. Composing work for Letter Press Printing
vi. Saw Mills
vii. Place for preparation of foodstuff and other eatables
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Regarded as one of the Noblel and a Comprehensive LabourLegislation
which is inforce in our country.
Covers all the aspects relating to workers employed in factories.
Secures - Safety
Health
Welfare
Regulates - Working Hours
Ensures - Annual leaves with wages
Provides - Additional protection from hazardous processes ,
Additional protection to women workmen,
Prohibition of employment of children.
THE FACTORIES ACT, 1948.
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THE FACTORIES ACT, 1948.
HIGHLIGHTS:
The Factories Act, 1948 came into force on the 1st day of April,1949 and
extends to the whole of India. It was, in fact, extended to Dadra & Nagar
Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu &
Kashmir in 1970.
The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.
In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Act
has been enacted primarily with the object of protecting workers employed in
factories against industrial and occupational hazards. For that purpose, it 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.
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OBJECTIVES:To secure safety of the persons;
To secure health of the persons from hazardous occupation/processes;
To ensure protection from hazardous equipment;
To ensure sound working environment;
To ensure welfare of the persons;
To protect the environment;
THE FACTORIES ACT, 1948.
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Main points
Health
Safety
Welfare
Working Hours Of Adults
Annual Leave With wages
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THE FACTORIES ACT, 1948.
EMPLOYER TO ENSURE HEALTHOF WORKERS PERTAINING TO:
Cleanliness Disposal of wastes and effluents - Sec 12
Ventilation and temperature dust and fume - Sec 13 Overcrowding Artificial humidification LightingSec. 14
Drinking water Spittoons. - Sec. 18
AC O S AC 1948
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THE FACTORIES ACT, 1948.
SAFETY MEASURES
Fencing of machinerySec. 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 cotton-openers Sec27
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
WELFARE MEASURES
Washing facilitiesSec 42
Facilities for storing and drying clothingSec 43
Facilities for sittingSec 44 First-aid appliancesone first aid box not less than one for every 150 workersSec 45
Canteens when there are 250 or more workers.Sec 46
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
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
WORKING HOURS, SPREAD OVER &
OVERTIME OF ADULTS
Weekly hours not more than 48 - Sec: 51
Daily hours, not more than 9 hours. - Sec: 54
Intervals for rest at least hour on working for 5 hours. - Sec: 55
Spread over 1+3 hour - Sec: 56
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: 60
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
ANNUAL LEAVE WITH WAGESA worker having worked for 240 days @ one day for every 20 days
and for a child one day for working of 15 days.
In case of female worker maternity leave for any number of days not
exceeding 12 weeks
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
Some of the crucial Sections:
Registration & Renewal of Factories
To be granted by Chief Inspector of Factories on submission of
prescribed form, fee and plan.
Sec. 6
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
Employer to ensure health of workers pertaining to
Cleanliness Disposal of wastes and effluents - Sec 12
Ventilation and temperature dust and fume - Sec 13
Overcrowding Artificial humidification LightingSec. 14
Drinking water Spittoons. - Sec. 18
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
Safety Measures
Fencing of machinerySec. 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 cotton-openers.- Sec
27
Hoists and lifts.- Sec 28.
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
Welfare Measures
Washing facilitiesSec 42
Facilities for storing and drying clothingSec 43
Facilities for sittingSec 44
First-aid appliancesone first aid box not less than one for every 150 workersSec 45
Canteens when there are 250 or more workers.Sec 46
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
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THE FACTORIES ACT, 1948.
Working Hours, Spread Over & Overtime of Adults
Weekly hours not more than 48 - Sec: 51
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
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: 60
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
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.
Sec. 79
THE FACTORIES ACT 1948
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THE FACTORIES ACT, 1948.
OFFENCE PENALTIES
For contravention of the Provisionsof the Act or Rules
Imprisonment upto 2 years or fineupto Rs.1,00,000 or both
On Continuation of contravention Rs.1000 per day
On contravention of Chapter IVpertaining to safety or dangerousoperations.
Not less than Rs.25000 in case ofdeath. Not less than Rs.5000 in case of
serious injuries. Subsequent contravention of someprovisions
Imprisonment upto 3 years or finenot less than Rs.10, 000 which mayextend to Rs.2, 00,000.
Obstructing Inspectors Imprisonment upto 6 months or fine
upto Rs.10, 000 or both.
Wrongful disclosing result pertaining
to results of analysis.
Imprisonment upto 6 months or fine
upto Rs.10, 000 or both.
For contravention of the provisionsof Sec.41B, 41C and 41H pertaining tocompulsory disclosure of informationby occupier, specific responsibility ofoccupier or right of workers to work
imminent danger.
Imprisonment upto 7 years withfine upto Rs.2, 00,000 and oncontinuation fine @ Rs.5, 000 per day.
Imprisonment of 10 years when
contravention continues for one year.
Sec.92 to 106
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