31417 634001882243053750

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31417 634001882243053750

  1. 1. FACTORIES ACT, 1948This Act may be called the FactoriesAct, 1948. It extends to the whole of IndiaIt shall came into force on the 1stday of April, 1949
  2. 2. Definitions"adult" means a person who has completed hiseighteenth year of age"adolescent" means a person who hascompleted his fifteenth year of age but has notcompleted his eighteenth yearchild means a person who has not completedhis fifteenth year of ageyoung person" means a person who is either achild or an adolescent
  3. 3. Definitions“day" means a period of twenty-four hours beginning atmidnight;"week" means a period of seven days beginning at midnight onSaturday night"calendar year" means the period of twelve months beginningwith the first day of January in any year"power" means electrical energy, or any other form of energywhich is mechanically transmitted and is not generated byhuman or animal agency;"prime mover" means any engine, motor or other appliancewhich generates or otherwise provides power;
  4. 4. Definitions"manufacturing process" means any process for-(i) making, altering, repairing, ornamenting, finishing, packing, oiling,washing, cleaning, breaking up, demolishing, or otherwise treating oradapting any article or substance with a view to its use, sale, transport,delivery or disposal; or(ii) pumping oil, water, sewage or any other substance; or(iii) generating, transforming or transmitting power; or(iv) composing types for printing, printing by letter press, lithography,photogravure or other similar process or book binding(v) constructing, reconstructing, repairing, refitting, finishing or breaking upships or vessels;(vi) preserving or storing any article in cold storage;
  5. 5. Definitions"worker" means a person employed, directly or by or through any agency(including a contractor)with or without the knowledge of the principal employer,whether for remuneration or not,in any manufacturing process, orin cleaning any part of the machinery or premises used for a manufacturingprocess, orin any other kind of work incidental to, or connected with, themanufacturing process, orbut does not include any member of the armed forces of the Union
  6. 6. Definitions"factory" means any premises including the precincts thereof-(i) whereon ten or more workers are working, orwere working on any day of the preceding twelvemonths, and in any part of which a manufacturingprocess is being carried on with the aid of power, or isordinarily so carried on, or(ii) Whereon twenty or more workers are working, orwere working on any day of the preceding twelvemonths, and in any part of which a manufacturingprocess is being carried on without the aid of power, oris ordinarily so carried on
  7. 7. Definitions"occupier" of a factory meansthe person who has ultimate control over the affairs of the factoryin the case of a firm or other association of individuals, any one of theindividual partners or members thereof shall be deemed to be the occupier;in the case of a company, any one of the directors shall be deemed to be theoccupier;in the case of a factory owned or controlled by the Central Government orany State Government, or any local authority, the person appointed to managethe affairs of the factory Government shall be deemed to be the occupier
  8. 8. 4. Power to declare different departments tobe separate factories or two ormore factories to be a single factoryThe State Government may, on its own or on an application made by anoccupier,direct that different departments or branches of a factory shall be treated asseparate factories ortwo or more factories shall be treated as a single factory
  9. 9. 5. Power to exempt during public emergencyIn case of public emergency the StateGovernment may,exempt any factory from all or any of theprovisions of this Act for such period and subject to such conditionsas it may think fitNo such notification shall be made for aperiod exceeding three months at a time.
  10. 10. 6. Approval, licensing and registration offactoriesMaking application to the governmentIf on an application for permission accompanied by the plans andspecifications required by the rulessent to the State Government or Chief Inspectors by registered post,And no order is communicated to the applicantwithin three months from the date on which it is so sent,the permission shall be deemed to have been granted.If the application is rejected appeal can be made to the government withinthirty days of the date of such rejection.
  11. 11. 7. Notice by occupier (1) The occupier shall, at least fifteen days before he begins to occupy oruse any premises as a factory, send a notice to the Chief Inspector containing- (a) The name and situation of the factory; (b) the name and address of the occupier;(bb) the name and address of the owner of the premises(c) the address to which communications relating to the factory may besent;(d) the nature of the manufacturing process(e) the total rated horse power installed or to be installed in the factory(f) the name of the manager of the factory for the purposes of this Act(g) the number of workers likely to be employed in the factory(i) such other particulars as may be prescribed.
  12. 12. 7A. General duties of the occupieroccupier shall ensure, the health, safety andwelfare of all workers while they are at work inthe factory. every occupier shall prepare, a writtenstatement of his general policy with respect tothe health and safety of the workersbring such statement and any revision thereofto the notice of all the workers
  13. 13. 8. Inspectors of FactoryState government may appoint Chief InspectorAdditional Chief Inspectors, Joint Chief Inspectorsand Deputy Chief Inspectors and Inspectors of factoryPrescribe their duties and qualificationsEvery District Magistrate shall be an Inspector for hisdistrictEvery inspector is deemed to be a public servantwithin the meaning of the Indian Penal Code
  14. 14. 9. Powers of InspectorsEnter factory premises for investigationExamine the premisesinquire into any accident or dangerous occurrencerequire the production of any prescribed register or documentseize, or take copies of, any register, record or other documenttake measurements and photographs and make such recordingsexercise such other powers as may be prescribedno person shall be compelled under this section to answer anyquestion or give any evidence tending to incriminate himself
  15. 15. 10. Certifying surgeonsState Government may appoint qualified medical practitioners to becertifying surgeonsDuties of surgeonsa) the examination and certification of young persons under this Act;(b) the examination of persons engaged in factories in such dangerousoccupations or processesC) supervising the factories where (i) cases of illness have occurred which are due to the nature of themanufacturing process or(ii) due to manufacturing process there is a likelihood of injury to the healthof workers or(iii) young persons are employed in any work which is likely to cause injuryto their health.
  16. 16. 11. CleanlinessEvery factory shall be kept clean and free fromeffluentsaccumulation of dirt and refuse shall be removeddailyfloor of every workroom shall be cleaned at leastonce in every week by washing, using disinfectanteffective means of drainage shall be provided andmaintainedall inside walls andpartitions, ceilings, doors, windows shall be painted atprescribed intervals
  17. 17. 12. Disposal of wastes and effluentsEffective arrangements shall bemade forthe treatment of wastes and effluentscaused due to the manufacturingprocess carried on therein,so as to render them innocuous, andfor their disposal.
  18. 18. 13. Ventilation and temperaturesuitable provision shall be made in everyfactory foradequate ventilation by the circulation of freshairsuch a temperature as will secure to workerstherein reasonable conditions of comfort andprevent injury to healthwalls and roofs shall be of such material andso designed that such temperature shall not beexceeded but kept as low as practicable
  19. 19. 14. Dust and fumeeffective measures shall be taken toprevent its inhalation and accumulation in anyworkroom, andif any exhaust appliance is necessary for thispurpose,it shall be applied as near as possible to thepoint of origin of the dust, fume or otherimpurity,and such point shall be enclosed so far aspossible.
  20. 20. 15. Artificial humidificationfactories in which the humidity of the air isartificially increasedState government shall prescribe the standardof humidificationthe water used for the purpose shall be takenfrom a public supply, or other source of drinkingwater,shall be effectively purified before it is soused.
  21. 21. 16. OvercrowdingThere shall be 4.2 cubic metres of space forevery worker employed therein, andfor this purpose no account shall be taken ofany space which is more than 4.2 metres abovethe level of the floor of the room.notice specifying the maximum number ofworkers, which can be employed in any workroom shall be displayed in the premises
  22. 22. 17. LightingIn every part of a factory sufficient lightingshall be maintainedall glazed windows and skylights used for thelighting of the workroom shall be kept cleanprovision shall, be made for the prevention ofglare, either directly from a source of light or byreflection from a smooth or polished surfaceformation of shadows to such an extent as tocause eye-strain or the risk of accident to anyworker shall be prevented.
  23. 23. 18. Drinking waterAdequate facilities for wholesome drinking watershall be made at convenient places in the factoryAll such points shall be legibly marked "drinkingwater”no such point shall be situated within six metres ofany washing place, urinal, latrine, spittoon, opendrain carrying silages or effluent or any other source ofcontamination.Factories wherein more than two hundred and fiftyworkers are ordinarily employed, provisions shall bemade for cooling drinking water during hot weather
  24. 24. 19. Latrines and urinalssufficient latrine and urinal of prescribed types shallbe providedseparately for male and female workersThey should be properly lighted and ventilated, andno latrine or urinal shall, communicate with anyworkroom except through an intervening open space orventilated passagebe maintained in a clean and sanitary condition at alltimes;sweepers shall be employed to clean latrines, urinalsand washing places.
  25. 25. 20. SpittoonsIn every factory sufficient number of spittoons shallbe maintainedin convenient places andthey shall be maintained in a clean and hygieniccondition.No person shall spit within the premises of a factoryexcept in the Spittoons provided for the purposeWhoever spits in places other than spittoons withinfactory premises shall be punishable with fine notexceeding five rupees.
  26. 26. 23. Employment of young persons ondangerous machinesNo young person shall be allowed to work at anydangerous machineunless he has been fully instructed as to the dangersarising in connection with the machine and theprecautions to be observedhas received sufficient training in work at themachine, oris under adequate supervision by a person who has athrough knowledge and experience of the machine.
  27. 27. 27. Prohibition of employment of women andchildren near cotton-openersNo woman or child shall beemployed in any part of a factory forpressing cotton in which a cottonopener is at work without priorapproval of the inspector of factories
  28. 28. CHAPTER V : WELFAREfacilities for washing shall be provided and maintained for the use of themale and female workers separatelysuch facilities shall be conveniently accessible and shall be kept cleanFacilities for storing and drying clothsuitable arrangements for sitting shall be provided and maintained for allworkersfirst-aid boxes or cupboards, equipped with the prescribed contents one forevery one hundred and fifty workers in charge of a person trained in first aid. Ambulance room in every factory wherein more than five hundred workersare employedCanteen in the factory wherein more than two hundred and fifty workers areordinarily employed,Rest room/lunch room in factories employing more than one hundred andfifty workers with provision for drinking water, where workers can eat mealsbrought by them
  29. 29. CHAPTER V : WELFARECreche facility if more than thirty women areemployed (for the children below six years ofage of such working women).Adequately spaced, lighted and ventilatedMilk and refreshments for the childrenTo be in charge of a trained female staffAllowing mothers to feed the kids at periodicintervalsWelfare Officer for factory wherein fivehundred or more workers are employed
  30. 30. CHAPTER VI : WORKING HOURS OFADULTS 51. Weekly hours Not more than 48 hours a week52. First day of the week shall be a weekly holiday orone of the days three days before or after the said first day.A notice is delivered to the inspector of factoriesA notice is displayed in the factory notice boardCannot be allowed to work continuously for more than tendays without a full day holiday53. Compensatory holidaysWhere a weekly holiday is denied he shall be allowed toavail the compensatory holiday within a month.
  31. 31. CHAPTER VI : WORKING HOURS OFADULTS54. Daily working hours- no adult worker shall be allowed to work in afactory for more than nine hours in any day55. Intervals for rest-no worker shall work for more than five hoursbefore he has had an interval for rest of at least half an hour.Inspector may increase it upto six hours56. Spread over -inclusive of rest intervals they shall not spread overmore than ten and a half hours in any dayInspector may increase the spread over up to 12 hours59. Extra wages for overtime-wages at the rate of twice his ordinaryrate of wages60. Restriction on double employment-No adult worker shall berequired or allowed to work in any factory on any day on which he hasalready been working in any other factory61. Notice of periods of work for adults should be displayed in thenotice board.
  32. 32. CHAPTER VI : WORKING HOURS OFADULTS62. Register of adult workersregister of adult workers, to be available tothe Inspector at all times during working hours, orwhen any work is being carried on in thefactory, showing,-(a) the name of each adult 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 towhich he is allotted; and(e) such other particulars as may be prescribed :
  33. 33. Women not to work at night prohibition of women workers at night shiftwomen shall not be allowed to work in any factory except between thehours of 6 A.M. and 7 P.M..The inspector may relax this norm but prohibited between 10 P.M. and 5A.M.67. Prohibition of employment of young childrenChildren who have not completed at least 14 years of age are not allowed towork in factory for children above 14 years of age and adolescent personscertificate of fitness issued by the certifying surgeons is required forworking in the factory.Children and adolescents are not allowed to work in night shift
  34. 34. 71, 72 & 73. Working hours for childrenNo child shall be employed in any factory for more than four and a half hours in any day. during the night. there shall not be more than two shifts for childrenShifts shall not be changed in less than a month timeNo female child shall be allowed to work except between 8A.M. and 7 P.MNotice of working hours for children should be properlydisplayed in the notice boardRegister of children employed should be maintained inprescribed form.
  35. 35. CHAPTER VIII : ANNUAL LEAVE WITHWAGESEvery worker who has worked for at least 240 days in a year will be eligiblefor leave with wages as underif an adult, one day for every twenty days of work performedif a child, one day for every fifteen days of work performedThis is exclusive of all holidaysSuch leave is encashable in case ofretirement, resignation, death, disablementleave that may be carried forward to a succeeding year shall not exceedthirty in the case of an adult or forty in the case of a childFifteen days notice is required for sanction and availing leave (30 days inpublic utility)Can be availed upto three times in a yearUn availed leave cannot be adjusted against notice period fordismissal/dischargeSuch leave shall be with full pay

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