IGNORANCE OF LAW IS NOT AN EXCUSE

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1 The Factories (Amendment ) 2014 2 The Small Factories(Regulation of Employment And Conditions of services) 20143 The Child Labour(Prohibition and Regulation )

Amendment 2014

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BASIS OF AMENDMENTS

Recommendations / suggestions given by the Conference of Chief Inspectors of Factories

Recommendations of the Expert Committees

Judgments of Supreme Court / High Courts

Need for synchronization with Environment Protection Act, 1986 and rules made thereunder.

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It is advisable to consult experts / consultants for decision making if

the amendments affect factory working

IMPORTANT NOTE

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• 2 (cb)Hazardous process - first schedule (omitted)o (Hazardous process re-defined)o Any process where, unless special care is taken, raw

materials, hazardous substance used therein or intermediate or finished product, bye products waste or effluents thereof would

• Cause material impairment to the health of persons• Result in the pollution of general environment• Restrictive scope removed – activities left out

covered in the defination

THE FACTORIES ACT

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• New section 2 (cc)Hazardous substance– Any substance as prescribed as prescribed or

preparation which by reason of its chemical or physio-chemical properties or handling of which cause harm to either human being or other living creature, plants micro-organism, property or environment

– Manner similar to that of Environment protection act 1986

– It was not defined earlier as it has been used frequently in IV A introduced in the Factories (amendment) 1987

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• Week - sec 2(f) means a period of 7 days beginning at midnight on Saturday or such other nights as may be approved in writing for a particular area by CIF– In the existing clause (f) after the words

“particular area ” the words “or a factory shall be inserted

– Would enable factories located in one area to observe different days as weekly offs

– Because of shortage of power– Or other amenities

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• Manufacturing process - sec 2(k)– Printing ………..book binding – Addition of “screen printing, flexography or similar

process” • New paper employees , Printing press• So as to cover them under WC act, Recommendation

of conference of Chief inspector of factories

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• Occupier - sec 2(n) in case of factories owned or controlled by SG / CG, person/s appointed to manage the affairs of the factories shall be deemed to be the occupier– Ultimate control over affairs of factories has been

dropped for SG/CG– Person/s appointed to manage the factory by CG

SG, local authority - shall be the occupier

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• 6 Approval, Licencing and registration - – (extended factory ) Replacement of plant and

machinery which dose not reduce minimum clear space, required for safe working around the plant or machinery or adversely affect environmental condition from the evolution of emission of steam or dust or fumes injurious to health

– ………. emission of steam heat or fumes– Expansion may involve hazards to safety of workers

and people– Biological waste is added…………….( by ministry of

health and welfare 10/26

• 7 Notice by Occupier – – Before occupying/using the premises 15 day – (e) total Horse power used /to be used replaced

by power in kilowatts(British matrix system)

• 7 B General Duties of manufactures etc. as regards articles and substances for use in factories – Undertaking for safe installation of …………..– The installation will be safe and without risk to health

of workmen– Responsibility of person erecting the article for safety

and good health of workmen / who manufactures – Test and examination of such substance / article

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• General Duties 7B – (of manufactures)– Take steps to secure that information about the

results is available all the times– Elimination or minimisation of risk to health or

safety of workers– May give rise– Article is substituted by “article and substance”– Responsibility of manufactures

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• 18 Drinking water – 250 workers– Cool water – added by cool and safe water– Basic idea is to have good water cooling system even if

5 workers are employed

• 22 Work on or near to machinery in motion– Restricting the employment of only pregnant women and

person with disability and age below 18 years – Adult male workers wearing tight fittings clothing or adult

female workers wearing (shall be supplied by occupier)covering loose hair

– Restriction on working (cleaning lubricating) of pregnant women/disable person near prime mover

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• 35 A NEW SECTION 35 A– Supply of suitable of PPEs and protective equipment as may

be necessary – nature of hazard involved– PPEs should be of international al standards – Occupier shall maintain – clean and hygienic condition –

repair and maintain– Section 35 provides only for eye care – same care to be take

of other parts of body

• 36 Precautions against dangerous fumes and gases– No one shall enter the confined place …… while it is HOT– Substituted by …. Completely cooling the confined space – Certificate in writing that the area is safe – (no oxygen

deficiency)– At present there is no provision for checking oxygen deficiency

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• 41 B (4) compulsory disclosure of information– S 41 B requires submission of emergency plans for

all hazards factories irrespective of the quantity of the hazardous substances handled by them

– It is proposed to limit the requirement of emergency plan to the factories using hazardous substance beyond a prescribed threshold quantity

– Consultation with workers representatives is envisaged under ILO conventions are retifified by Govt

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• 41 C Specific responsibility of the occupier in relation to hazardous process– Maintain up to date health records of the workers

who are exposed to any chemical, toxic or any other harmful substance which are manufactured, stored, handled or transported………………

– “chemical toxic or any other harmful substance ” shall be replaced by “hazardous substance”

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• 41 D Power of CG to appoint inquiry – The CG may in the event of the occurrence of an

extraordinary situation involving the factory engaged in hazardous process, appoint an inquiry committee to inquire in to the standards of health and safety observed in the factory with a view to find out causes of failure or neglect in the adoption of any measures or standards prescribed for the health and safety of workers employed in the factory or the general public affected …….....

– Prevention and reoccurrence to be substituted by prevention of reoccurrence

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• New section 41 I– Specify standards of health and safety – Prohibiting employment of young persons,

Pregnant women, and any class of adult in any class of hazardous process

– State govt has power to make rules

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• 46 canteen– For 200 – Construction, location, accommodation, furniture – National commission on labour observed

• 47 Shelters rest rooms and lunch rooms– 75 in place of 150– Suitable and separate shelters for male and female – Privacy and better relaxation

• 56 Spread over – 10.5 hours to 12 hours

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• 64 (4)power to make exempting rules– Total numbers of OT 50 hrs for any one quarter – 100 (120 national imperative )hrs substituted

• 66 restrictions on employment of women– The ILO had adopted a protocol relating to NIGHT

WORK (women)Convention (revised)1948– The competent authority is under national law

………………….is authorised to modify the exemptions

– 6 AM to 7 PM continued– There shall be no change of shifts after a weekly

holiday or any other holiday20/26

• 64 (4)power to make exempting rules– Total numbers of OT 50 hrs for any one quarter – 100 (120 national imperative )hrs substituted

• 66 restrictions on employment of women– The ILO had adopted a protocol relating to NIGHT

WORK (women)Convention (revised)1948– The competent authority is under national law

………………….is authorised to modify the exemptions

– 6 AM to 7 PM – 7 pm to 6 AM conditional– During 16 weeks before and after child birth

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• 79 Annual leave with Wages– 90 days in place of 240 days

• 87 dangerous operations– women, adolescent or children shall be

substituted by young persons or women or a person with disabilities

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• 92 General Penalties for offences– Penalty - s 93 2 years and 1 L– now chapter I,III (except sections 11,18,19 and

20 )IV ,IV A (except sections41B,41 C and 41 H ) – 2 (2)yrs and 1(3)L – If the contravention continues, 1 (2)thousand for

each day of contravention– 25 Thousand for death & 5T for serious bodily

injury– 75 for death and serious bodily injury

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• 92A Penalties for offences for the persons other than occupier – If any person, who designs, manufactures imports

supplies any article or substance for use in any factory and contravenes any of the provisions od sec 7B, shall be punishable with imprisonment for six months or 3 L

• 92B Penalties in certain other cases–1 Thousand Rs, if contravenes provision of 20(3)– If medical practitioner fails to comply 89(2)1

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• 94 Enhanced penalty after previous convection– 3 years and 10000 up to 2 L for again found guilty– 3 years and 40000 up to 6 L– For death and serious bodily injury fine 1 L

• 95 penalty for obstructing inspector– Or dose not provide reasonable and necessary assistance or

cooperation to inspector in reaching the concerned spot, branch or conceals any facts or figures required for effective implementation of the provisions of the act

– Extend to 6 months - 10000 (30000)

• 96 penalty for wrongfully disclosing results of analysis under s 91– 10000 - 30000

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• 98 penalty for using false certificate of fitness – 1000– 3000

• 99 penalty for permitting double employment of child – 1000– 3000

• New section 112 – power to make rules by CG– CG in consultation with SG make rules

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