The factorys act amendments act 1948

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The factorys act amendments act 1948

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The factorys act amendments act 1948

  1. 1. Statement showing existing Provision, proposed amendments and reasons thereof.Sr. Existing Provision Contents of proposed Amendments Reason for proposed AmendmentsNo.1. 2(cb) “hazardous 1. The existing section 2(cb) shall be The term “hazardous process” has process” substituted by the following, namely - to be redefined as a process in means any process which a hazardous substance is or activity in relation to an used. industry specified in the First Schedule where unless (cb) “hazardous process” means any The present definition of special care is taken, raw process where, unless special care is ‘hazardous process industry’ links materials used therein or taken, raw materials, hazardous it with the First Schedule under the the intermediate or Factories Act owing to the notation substances used therein or the finished products, bye to the effect that “hazardous products, wastes or intermediate or finished products, bye process means any process or effluents thereof would - products, wastes or effluents thereof activity in relation to a industry (i) cause material would- specified in the First Schedule”. impairment to the health of The issues relating to the restrictive the persons engaged or (A) cause material impairment to the scope of the first Schedule and connected therewith, or health of the persons engaged in or some of the hazardous process (ii) result in the connected therewith; or activities being left out of the First pollution of the general Schedule have been discussed at environment: (B) result in the pollution of the general length in various Conferences of environment; Chief Inspectors of Factories. Provided that the State Since the term ‘hazardous Government may, by substance’ is also proposed to be notification in the defined as per the Environment Official Gazette, amend the (Protection) Act by introducing a First Schedule by way of new sub-section 2(cc). With this addition, omission or amendment, the hazardous process variation of any industry will be identified by use of specified in the said hazardous substance which will be Schedule. duly notified from time to time under new clause 2(cc). In view of the above, the First Schedule is deleted.2. Nil - New Section 2(cc) After the clause 2(cb), a new clause The term ‘hazardous 2(cc) is to be added, namely, - substance’ had not been earlier defined though it has been used “2(cc) “hazardous substance” means at a number of places in Chapter any substance as prescribed or IVA of the Act which was preparation of which by reason of its introduced by the Factories (Amendment) Act, 1987. chemical or physio-chemical properties or handling is liable to cause physical or It is now proposed to define it in a health hazards to human being or may manner similar to that in the cause harm to other living creatures, Environment (Protection) Act, plants, micro-organisms, property or the 1986 approved by the 41st environment;’; Conference of Chief Inspectors of Factories.
  2. 2. 3. Nil-New Section 2(ee) After the clause 2(e), a new clause 2(ee) Such a definition is necessary in is to be added, namely - view of proposed amendments concerning persons with ‘2(ee) “disability” shall have the disabilities. meaning as assigned to it in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”;4. 2(f) ‘week’ means a In the existing clause (f), after the words At present under Section 2(f) the period of seven days “particular area”, the words “or a Chief Inspector of Factories may beginning at midnight on factory” shall be inserted; allow all factories located in one Saturday night or such area to observe a day other than other night as may be Sunday as the weekly holiday. approved in writing for a The proposed amendment would particular area by the enable factories located in one Chief Inspector of area to observe different days as Factories. their weekly holiday. This has become necessary in view of shortage of power.5. 2(k) “manufacturing In Section 2(k), the existing sub- The Government of India set up process” means any clause (iv) shall be substituted by the an Empowered Committee to process for - following, viz. process the Recommendations ... ... ... of the Expert Committee for (iv) composing and processing for Newspaper Employees. One of (iv) composing types printing, printing by letter press, the recommendations of the for printing, printing by lithography, offset, photogravure, screen Expert Committee was to amend letter press, lithography, printing, flexography, or other similar Section 2(k) (iv) of the Factories photogravure or other process or binding; or;”; Act relating to the definition similar process or of ‘Manufacturing Process.’ book-binding; or This recommendation has been ... ... ... accepted by the Empowered Committee and accordingly, definition of the manufacturing process is proposed to be amended to also cover certain types of printing processes such as the off-set printing, Screen printing, flexography, and processes and operations incidental thereto as they are presently not covered.6. 2(n) “occupier” of a Clause (iii) of sub- section (n) may be Keeping in view the comments factory means the person substituted by the following :- received from the Central who has ultimate control Ministries of Government of India, over the affairs of the “in the case of a factory owned or the existing definition has been factory. controlled by the Central Government, or retained with only a modification in any State Government, or any local the proviso relating to the Provided that – authority, the person or persons Government owned factories, (i) xx xx xx appointed to manage the factory by the prescribing the definition of the (ii) xx xx xx Central Government, the State occupier through the Rules to be (iii) in the case of a factory Government or the local authority as may notified for such purposes. owned or controlled by the be prescribed, as the case may be shall be Central Government, or any deemed to be the occupier;”.
  3. 3. State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier.7. 2(p) ‘prescribed’ means After the word ‘by’ the words ‘the This provision will also give power prescribed by rules made Central Government or’ shall be to the Central Government to frame by the State Government inserted. Rules. under this Act.8. 6. Approval, licensing and The explanation clause shall be In terms of Section 6 of the Act, registration of substituted by the following, namely, an Occupier is not required to take factories.- permission from the State “Explanation.— A factory shall Government for expansion of a ( (1) ... ... ... not be deemed to be extended within factory within certain prescribed (2) (2) … ... … the meaning of this section by reason limits. It is, however, possible (3) ... ... ... that such expansion may only of the replacement of any plant or involve hazards to the safety of Explanation.- A factory machinery or within such limits as may workers as well as the people in shall not be deemed to be be prescribed, or the addition of any the vicinity. It is, therefore, extended within the plant or machinery, if such replacement proposed to amend the Explanation meaning of this Section by or addition does not reduce the to 6 so that it would be reason only of the minimum clear space required for necessary for an Occupier to replacement of any plant or safe working around the plant or obtain permission of the State machinery, or within such Government before making machinery or result in hazardous limits as may be such an expansion. prescribed, of the conditions likely to cause accident, addition of any plant or dangerous occurrence or injuries to Further, as suggested by the machinery, if such health of workers or public or adversely Ministry of Health and Family replacement or addition affect the environmental conditions Welfare the words, “biological does not reduce the from the evolution or emission of wastes” were also added. minimum clear space steam, heat or dust or fumes, or required for safe working Provision of self certification by the chemical or biological wastes injurious around the plant or Occupier has also been introduced. machinery/or adversely to health. affect the environmental conditions from the Provided that a certificate in writing evolution or emission of given by the occupier by himself may steam, heat or dust or be accepted fumes injurious to health.9. 7. Notice by occupier.- In sub-section (1), in clause (e), for the This is due to conversion of unit words “horsepower” at both the places from the British to the Metric (1) The Occupier shall, at where it occurs, the words “power in System. least fifteen days before Kilowatts” shall be substituted. he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing -
  4. 4. (a) ... ... ... (b) ... ... ... (c) ... ... ... (d) ... ... ... (e) the total rated horse-power installed or to be installed in the factory, which shall not include the rated horse- power of any separate standby plant; (f) ... ... ... (g) ... ... ... (h) ... ... ... (i) ... ... ...10. 7-B General duties 1(5), the following sub-section shall be Section 7B imposes a of manufacturers, etc., substituted, namely:— responsibility on the as regards articles manufacturer to ensure, inter and substances for use “(5) It shall be the duty of a person, — alia, that plant and machineries in factories.- are so manufactured as to be (a) who erects or installs any article for use safe and without risk to the (1) ... ... ... in a factory, to ensure, so far as practicable, health of the workers. It is (2) ... ... ... that such article so erected or installed does proposed to extend the provisions (3) ... ... ... not make it unsafe or a risk to health when of the section to hazardous (4) ... ... ... that article is used by the persons in such substances. In fact the title of the (5) Where a person factory; section mention both articles designs, manufactures, and substances though provisions imports or supplies an (b) who manufactures, imports or supplies of the section deal only with the article on the basis of a any substance for use in any factory – article. written undertaking by the user of such article to (i) to ensure, so far as practicable, that The proposed amendment was take the steps specified in such substance is safe and has no risks examined with reference to such undertaking to ensure, involved to health of persons working in provisions existing in other so far as is reasonably such factory; countries and was found that practicable, that the similar provisions in the safety and article will be safe and (ii) to carry out or arrange for carrying health statutes do exist in the without risks to the health out of such tests and examination in developed as well as developing of the workers when relation to such substance as may be countries. properly used, the necessary; undertaking shall have the effect of relieving the (iii) to take such steps as are necessary to person designing, secure that the information about the manufacturing, importing results of tests carried out in connection or supplying the article with the use of the substance as referred to from the duty imposed by in sub-clause (ii) is available in a factory clause along with conditions necessary to (a) of sub-section (1) to ensure its safe use and no risks to health; such extent as is reasonable having regard to (c) who undertakes the manufacture of any the terms of the substance for use in any factory to carry undertaking. out or arrange for the carrying out of any necessary research with a view to (6) For the purpose of discover and, so far as practicable, to this Section, an article is ensure the elimination or minimisation of not to be regarded as any risks to health or safety to which the
  5. 5. properly used if it is used substance may give rise out of such without regard to any manufacture or research.”; information or advice relating to its use which (b) in sub-section (6), for the word has been made available by “article” at both the place where it occurs, the person who has the words “article or substance” shall be designed, manufactured, substituted; imported or supplied the article. (c) for the Explanation, the following Explanation shall be substituted, namely:— Explanation.- For the purpose of this Section, “Explanation.— For the purposes of this “article” shall include section - plant and machinery. (a) “article” shall include plant and machinery; (b) “substance” means any natural or artificial substance whether in a solid or liquid form or in the form of a gas or vapour; and (c) “substance for use in any factory” means any substance whether or not intended for use by persons working in a factory.”11. 18.Drinking water.- The sub-section (3) shall be substituted It is felt that this is a basic (1) ... ... ... by the following - necessity which should be provided (2) ... ... ... in every factory. (3) In every “(3) In every factory, provision shall be factory made for cool and safe drinking water wherein more than two during hot weather by effective means hundred and fifty workers and for the distribution thereof.” are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof.12. 20. Spittoons. - The sub-section (4) may be omitted. This is consequential to (1) ... ... ... introduction of a new Section (2) ... ... ... 92-B consolidating the penalty (3) ... ... ... provisions. (4) Whoever spits in contravention of sub- section (3) shall be punishable with fine not exceeding five rupees.13. 22. Work on or near 11. In section 22 of the principal Act, in The Sub Group I of Task Force on machinery in motion. sub-section (2), — women and child development recommended for restricting the (1) xx xx xx (a) for the word “woman” at both the employment only for pregnant places where it occurs, the words women, person with disability and (2) No woman or a young “pregnant woman or a person with young person below the age of 18
  6. 6. person shall be allowed to disability” shall be substituted; years. This was suggested in order clean, lubricate or adjust to promote gender equality at the any part of a prime mover work place. or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either or that machine or of any adjacent machinery.14. 26. Casing of new Section 26 may be omitted. This aspect has been covered in the machinery proposed amendment under Section (1) xx xx xx 7B (2) xx xx xx (3) xx xx xx15. 27. Prohibition of For Section 27, following section shall The Sub Group I of Task Force on employment of women be substituted namely- women and child development and children near cotton- recommended for restricting the openers. - No woman or “No young person or pregnant woman employment only for pregnant child shall be employed in or a person with disability shall be women, person with disability and any part of a factory for employed in any part of a factory for young person below the age of 18 pressing cotton in which a pressing cotton in which a cotton- years. This was suggested in order cotton-opener is at work: opener is at work.” to promote gender equality at the Provided that if the feed- work place. end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed- end is situated.16. Nil - New Section 35-A After section 35 of the principal Act, the Section 35 of the Act provides following section shall be inserted, measures only to protect the eye of namely: - a worker in certain circumstances. “35A. (1) The occupier, having regard to the nature of the hazards involved in It is proposed to extend the the work and processes being carried coverage of the provisions to out, shall supply to the workers exposed include measures for protection of to such hazards, suitable personal other parts of the body as well. protective equipment and protective clothing as may be necessary.
  7. 7. (2) The personal protective equipment and protective clothing supplied to the workers as required under sub-section (1) shall conform to an international standard where national standard for such protective equipment or clothing is not available. (3) The occupier shall maintain all items of personal protective equipment and protective clothing referred to in sub- section (1) in a clean and hygienic condition and in good repair. (4) The State Government or the Central Government may make rules prescribing the standards of maintenance, issue of personal protective equipment and protective clothing with a view to ensure their effectiveness in relation to the conditions of use and conformity to their quality standards.”.17. 36. Precautions against For section 36 of the principal Act, the In the existing Section 36, there dangerous fumes, gases, following section shall be substituted, is no provision to prohibit a etc.- namely :— person from entering a confined (1) No person shall be “36. (1) No person shall be required or space such as boiler, furnace, required or allowed to allowed to enter any chamber, tank, vat, flue, etc., while it is hot. enter any chamber, tank, pit, pipe, flue or other confined space in vat, pit, pipe, flue or any factory in which any gas, fume Also there is no provision for other confined space in any vapour or dust is likely to be present checking deficiency of oxygen in factory in which any gas, such an extent as to involve risk to a confined space. fume, vapour or dust is persons being overcome thereby, unless likely to be present to it is provided with a manhole of The State Governments have also such an extent as to adequate size or other effective means no power to make rules under involve risk to persons of egress or wherein the oxygen content this Section. being overcome thereby is less than the prescribed content of unless it is provided with a oxygen. It is proposed to remove these manhole of adequate size or “Explanation. – for the purpose of this lacunae. other effective means of sub-section, the expression “adequate egress. size” means, — (a) in the case of rectangular shape (2) No person shall be manhole, of not less than 50 cms. x 30 required or allowed to cms; enter any confined space as is referred to in sub- (b) in the case of oval shape manhole, of section (1), until all not less than 50 cms major axis and 30 practicable measures have cms minor axis; been taken to remove any gas, fume, vapor or dust, which may be present, so as (c) in case of circular shape manhole, of to bring its level within not less than 50 cms diameter. the permissible limits and to prevent any ingress of such gas, fume, vapour, or (2) No person shall be required or
  8. 8. dust and unless - allowed to enter in any boiler furnace, boiler flue, chamber, tank, vat, pipe or (a) certificate in writing other confined space in any factory for has been given by a the purpose of working or making competent person based on any examination therein until – a test carried out by himself (a) it has been sufficiently cooled, that the space is by ventilation or otherwise, and is reasonably free from safe for persons to enter; and dangerous gas, fume, (b) wherever there is likelihood of vapour or dust; or deficiency of oxygen, - (i) a certificate in writing has been (b) such person is wearing given by a competent person, based suitable breathing on test carried out by himself, that apparatus and a belt the space is not deficient in oxygen so securely attached to a as to be unsafe for persons to enter; or rope, the free end of which (3) No person with disability, or, any is held by a person outside pregnant woman, shall be required or the confined space. allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory as referred to in sub- section(1) and in any boiler furnace, boiler flue, chamber, tank, vat, pipe or other confined space in any factory as referred to in sub-Section(2). (4) The suitable breathing apparatus, reviving apparatus and safety harness and ropes, shall be kept for instant use in every factory and in every such confined space as referred to in sub- section (1) or in clause (b) of sub- section (2), which any person may enter, and all such apparatus shall be periodically examined and certified by a competent person to be fit for use; and a sufficient number of persons employed in every factory shall be trained and practiced in the use of all such apparatus and in the method of restoring respiration. (5) The State Government may, by order in writing, exempt, subject to such conditions as it may think fit to impose, any factory or class or description of factories from compliance with any of the provisions of this section.18. Section 37. Explosive In section 37 of the principal Act, - “ The provisions of sub-section (1) of or inflammable dust, Section 37 require that all practical gas, etc. - (a) in sub-section (1), for the opening measures should be taken in any (1) Where in any factory portion beginning with the words “any factory carrying on manufacturing any manufacturing manufacturing process produces” and process which products dust, gas, process produces dust, ending with the words “any such fume or vapour of such character gas, fume or vapour of explosion by—”, the following shall be and to such an extent to be likely to such character and to substituted, namely : - explode on ignition. There are such extent as to be situations in which vapours or
  9. 9. likely to explode on “any manufacturing process, storage or fumes or even flammable dusts on ignition, all practicable handling of, raw material, intermediate contact with hot surface may catch measures shall be taken product or finished product produces fire without an explosion. Such to prevent any such dust, gas, fumes or vapour to such an accidents have occurred in some explosion by- extent as to be likely to result in fire or factories. As difficulties are (a) effective enclosure of explosion on ignition or otherwise, all experienced to apply the provisions the plant or machinery practicable measures shall be taken to of this Section 37, if it does not used in the process; prevent any such fire or explosion by— result in an explosion, but only fire, (b) removal or ”; owing to the lack of legal validity prevention of the (b) after sub-section (4), the following of applying the provisions for accumulation of such sub-sections shall be inserted, namely : - situations involving fire, the dust, gas, fume or “(4A) In any factory if any flammable necessity has arisen to amend sub- vapour; gas, fume or dust is likely to be present section (1) of Section 37 to include (c) exclusion or effective in any area, the electrical equipment, in its scope fire also. The above enclosure of all possible apparatus and fittings in that area shall amendment was considered during sources of ignition. be selected, installed and maintained as the 41st Conference which decided per the National Electrical Code and that the provisions of Section 37(1) (2) xx xx xx shall conform to the relevant National need to be amended (3) xx xx xx Standards, or to an International (4) xx xx xx Standard where National Standard is not Presently there is no provision (5) xx xx xx available. stating clearly that the use of flameproof equipment in hazardous (4B) The electrical equipment, areas should be tested and certified apparatus and fittings referred to in sub- and approved by competent section (4A), shall be duly approved authorities. As a result, the users before use in factories by the are not aware of such certification. “Directorate General of Occupational Safety and Health.”. The inspecting authority is not aware of such equipment being used in hazardous locations till their inspection. As such it cannot be fully ensured that only certified and approved equipment are used. In view of the above, the amendment is proposed.19. 41-B.(4) In section 41B of the principal Act,- Section 41B requires Compulsory Disclosure (i) For sub section (4), the following sub submission of emergency plans of Information by the section shall be substituted namely:- for all hazardous factories occupier.- irrespective of the quantity of (1) ... ... ... “(4) (a). The occupier of a factory the hazardous substances (2) ... ... ... involved in manufacture, storage or handled by them. It is (3) ... ... ... handling such hazardous substances in proposed to limit the (4) Every occupier quantities equal to or more than requirement of emergency plan shall, with the approval of such quantities as may be prescribed, to the factories using hazardous the Chief Inspector, draw shall draw up in consultation with substance beyond a prescribed up an on-site emergency workers representatives an on-site threshold quantity. Consultations plan and detailed disaster emergency plan and detailed disaster with workers’ representative is control measures for his control measures for his factory and envisaged under the ILO factory and make known submit the same for information of Convention No.174 which has been to the workers employed Chief Inspector and other recently ratified by the Government therein and to the general authorities as may be prescribed. of India. public living in the vicinity of the factory the (b) The occupier of the factory shall safety measures required make known to the workers
  10. 10. to be taken in the event employed in the factory and to the of an accident taking place. general public in the vicinity of the factory, the safety measures required to be taken in accordance with the on-site emergency plan and detailed disaster control measures drawn under sub-clause (a) above in the event of an accident taking place. Provided that the Central Government or the State Government or the Chief Inspector may, subject to the prior approval of the Central Government or the State Government, by order in writing, require any factory carrying on hazardous process, irrespective of the quantity of hazardous substances in the premises, to draw up an on-site emergency plan and disaster control measures.”.20. 41-B(5) In sub-section (5) - This was an inadvertent error in the Act amended in 1987. (5) Every occupier of a (a) in clause (a), for the words “factory factory shall, - engaged”, the words “factory is The purpose of clause (b) of sub- engaged” shall be substituted; section (5) is to inform the (a) if such factory Chief Inspector 30 days prior to engaged in a hazardous the commencement of the process on the 2.In clause (b), before the words hazardous process. As such the commencement of the ‘within a period of”’ the words “at amendment is necessary. Factories (Amendment) least” shall be inserted. Act, 1987 within a period . of thirty days of such commencement; and (b) if such factory proposes to engage in a hazardous process at any time after such commencement, within a period of 30 days before the commencement of such process, inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed. (6) ... ... ...21. 41-C. Specific In section 41 C of the principal Act, in Since the term ‘hazardous responsibility of the clause (a), for the words “chemical, substance’ is proposed to be occupier in relation to toxic, or any other harmful substances”, defined, the section should be hazardous processes.- the words “hazardous substances” shall recast accordingly. Every occupier of a factory be substituted. involving any hazardous
  11. 11. process shall - (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic, or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed. (b) ... ... ... (c) ... ... ...22. 41-D. Power of Central In section 41D of the principal Act, in This was an inadvertent error Government to sub-section (1), for the words in the Act Amendment in 1987. appoint Inquiry “prevention and recurrence”, the words Committee.- “prevention of recurrence” shall be (1) The Central substituted. Government may, in the event of the occurrence of an extra-ordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extra-ordinary situations in future in such factory or elsewhere. (2) ... ... ... (3) ... ... ...
  12. 12. 23. 41-E Emergency In section 41E of the principal Act, in A change in the name of the Standards sub-section (1), for the words “Director- organisation is necessitated in General of Factory Advice Service and view of the following: (1) Where the Central Labour Institutes”, the words “Director Government is satisfied General of Occupational Safety and 1) The names DGFASLI, CLI that no standards of safety Health” shall be substituted. and RLIS do not reflect properly have been prescribed in the activities undertaken by respect of a hazardous them resulting in erroneous process or class of understanding of the functions hazardous processes, or of the organisation. At times, where the standards so the functions of the Labour prescribed or inadequate, Institutes are associated with it may direct the matters concerned with labour Directorate General relations for which separate Factory Advice Service & institutions are available. Labour Institutes or any institution specialised in Various National and International matters relating to agencies of repute referred to standards of safety in this organisation, other labour hazardous processes, to related matters not lay down emergency concerning with Safety, Health standards for enforcement as the existing name gives a of suitable standards in different perception altogether respect of such hazardous and does not truly reflect the processes. nature or activities carried out by the organisation. (2) x x x If the name of the organisation is changed to reflect properly the activities and functions of the organisation, then the services of the organisation can be utilised by all who need safety- related services thereby fulfilling the purpose and objectives of the organisation.24. 41-F.-Permissible limits In section 41F of the principal Act, in The term “hazardous of exposure of chemical sub-section (1), for the words and process” is presently defined and toxic substances.- brackets “threshold limit of exposure of in relation to industries specified (1) The maximum chemical and toxic substances in in the First Schedule. The scope permissible threshold manufacturing processes (whether of Section 41-F goes beyond limits of exposure of hazardous or otherwise)”, the words “hazardous process” and chemical and toxic “limits of exposure of chemical and encompasses all toxic substances in toxic substances in manufacturing substances included in the Second manufacturing processes process” shall be substituted. Schedule irrespective of whether (whether hazardous or it is used in a “hazardous otherwise) in any factory process”. Since it is proposed shall be of the value to define the term “hazardous indicated in the Second process” more broadly as one in
  13. 13. Schedule. which any hazardous substance is used, this amendment (2) ... ... ... becomes necessary.25. Nil - New Section 41-I After section 41H of the principal Act, At present, under Chapter IVA the following section shall be inserted, of the Act, the State namely:- Governments have no power to formulate safety standards or to make rules for regulating “41-I. The Central Government or State the employment of women or Government may make rules — young persons in hazardous processes. (a) specifying standards of health and It is proposed to confer rule safety to be followed in hazardous making power on the Central/ process; State Governments for these purposes. (b) prohibiting or restricting employment of young persons, pregnant women, and any class of adult Further, it was opined that giving workers in manufacture, storage or powers to state and central handling involving hazardous process; government on same subject or under the same enabling provisions, (c) prohibiting, restricting or may lead to conflicts. Therefore, it controlling the use of hazardous is proposed to retain the power with State Governments in respect of substances.”. specific provision and empower Central Government with general rule making powers under New Section 112-A.26. Section 46 For the section 46 of the principal Act, The National Commission on Canteens the following section shall be Labour in its report submitted substituted, namely: — to the Govt. of India in 1969, had observed that in a unit where “46. (1) In every factory wherein two there is an established demand for a canteen from majority of hundred or more workers are ordinarily workers, the employment limit employed, there shall be provided and should be brought down to 200 maintained a canteen or canteens by workers. the occupier for the use of the workers. The Section 46(1) requires State (2) The State Government may prescribe Government to issue notification — in the Official Gazette (a) the standards in respect of construction, specifying the factories, where location, accommodation, furniture, canteen facilities are to be cleanliness and other equipment of the provided. The notification as canteen; well as alteration if any in the (b) the foodstuffs to be served therein notification require and the charges which may be made considerable time and therefore; administrative formalities and (c) the constitution of managing committee workers are deprived of such for the canteen and representation of the facilities till then. workers in the management of the In other welfare provisions such
  14. 14. canteen; as those under Sections 45, 47 (d) the items of expenditure in the running and 48 of the Act in respect of of the canteen which are not to be taken ambulance room, shelter, rest into account in fixing the cost of room, lunch room and creche, foodstuffs and the expenditure of the the Act itself stipulates the items shall be borne by the occupier; requirement in specified factories. (e) the periodical medical examination of canteen employees; and (f) the delegation to the Chief Inspector, subject to such conditions, as may be prescribed, of the power to make rules under clause (b). (3) The Chief Inspector may, subject to such conditions as may be specified by him, after recording the reasons in writing relax the requirement of sub- section (1) for a period not exceeding twelve months for existing factories to provide the facility of canteen.”.27. 47. Shelters, rest rooms In section 47 of the principal Act, — In light of the proposed and lunch rooms. amendments to the provisions (1) In every factory wherein (a) in sub-section (1),— under Section 46, reducing the more than one hundred and applicability of canteen fifty workers are ordinarily (i) for the words “one hundred and requirement from the present 250 employed, adequate and fifty”, the word “seventy five” shall be or more workers to 200 or more suitable shelters or rest rooms substituted; workers, it was felt necessary to and a suitable lunch room, revise the limit, for rest room, with provision for drinking (ii) for the words “suitable shelters or shelter and lunch room. water, where workers can eat rest rooms”, the words “suitable and meals brought by them, shall The Sub-Group I of Task Force on be provided and maintained separate shelters or rest rooms for male women and child development for the use of the workers; and female workers” shall be recommended separate shelters / rest substituted; rooms for male and female workers to Provided that any canteen ensure privacy and better relaxation maintained in accordance (iii) in the first proviso, for the words amongst the workers of both sex. with the provisions of section “as part of the requirements”, the words This is also in line with the separate 46 shall be regarded as part “as part of the lunch room requirement” facilities for urinals, washing places of the requirements of the as provided under Sections 19 and 42 shall be substituted. sub-section: of the Factories Act. (b) after sub-section (3), the following Provided further that where a The expression ‘as part of the lunch room exists no worker sub-section shall be inserted, namely : requirement was not explanatory shall eat any food in the — enough to specify it as ‘lunch workroom. room’. “(4) The Chief Inspector may, subject to such conditions as may be specified by him, after recording the reasons, relax the requirement of sub-section (1), for a period not exceeding twelve months for existing factories to provide the facility
  15. 15. of shelters, restrooms and lunch rooms.”.28. 64. Power to make In section 64 of the principal Act, — The need for increasing the limit of exempting rules.- overtime work beyond 50 hours per (1) xx xx xx (a) in sub-section (4), in sub-clause (iv), quarter as it was felt that the (2) xx xx xx for the word “fifty”, the words “one existing limit was inadequate for (3) xx xx xx hundred” shall be substituted; urgent/seasonal work. did not cover (4) (i) xx xx xx season (ii) xx xx xx (b) in sub-section (5), for the words (iii) xx xx xx The need for deleting the validity “Rules made”, the words, brackets and (iv) the total number of period of the Rules made under hours of overtime shall not figures “Rules made before the Section 64(5) was discussed during exceed fifty for any one commencement of the Factories the 41st Conference and 42nd quarter. (Amendment) Act, 2010” shall be Conference of CIFs. The delay substituted. caused due to administrative (5) Rules made under this exigencies in renotifying the set of section shall remain in Rules at the end of five years or force for not more than five making changes in that and the years. legal implications of the delay resulting in the rules losing its force of law was deliberated.29. 65. Power to make In section 65 of the principal Act, in The maximum permissible exempting orders.- sub-section (3), in clause (iv), — overtime work up to 75 hours per (1) xx xx xx quarter was felt inadequate for (2) xx xx xx (a) for the words “seventy-five”, the some exceptional work such as in (3) (i) xx xx xx words “one hundred and fifteen” shall Govt. press where the workers are (ii) xx xx xx be substituted; pressed in service for completion of (iii) xx xx xx urgent jobs like printing of ballot (iv) no worker shall be (b) after Explanation, the following papers, budget books, annual plan allowed to work overtime, and five year plan documents, etc. proviso shall be inserted, namely: — for more than seven days at within a short period of time. It a stretch and the total was decided to enhance the limit “Provided that the State Government or number of hours of under Section 65(3) from 75 up to overtime work in any the Chief Inspector may, subject to the 115 hours per quarter with quarter shall not exceed prior approval of the State Government, exempting powers to State seventy-five. by order further enhance the total Governments/ CIFs, subject to the number of hours of overtime work in control of State Govt. Further, any quarter to one hundred and twenty- extension of overtime up to 125 five in the public interest.”. hours per quarter for the purpose of national imperative as prescribed was also proposed in the Act.30. Section-66 Further For section 66 of the principal Act, the Many women’s organisations have restriction on following section shall be substituted, filed writ petitions in High Courts employment of women. – namely:— of Chennai, Andhra Pradesh, Maharashtra challenging that the (1) The provisions of this “66. The provisions of this Chapter provisions contained in Section 66 are discriminatory and biased. chapter shall, in their shall, in their application to women in Some of the High Courts have application to women in factories, be supplemented by the allowed employment of women factories, be supplemented following further restrictions, namely,— during night shifts. The ILO had by the following further adopted a protocol relating to Night (a) no exemption from the provisions of Work (Women) Convention
  16. 16. restrictions, namely:- section 54 may be granted in respect of (Revised), 1948, under the any women; provision of the protocol the (a) no exemption competent authority is a country from the provisions of (b) there shall be no change of shifts under the national law and Section 54 may be except after a weekly holiday or any regulation is authorized to modify granted in respect of any the duration of the night shifts or to other holiday; and women. introduce exemption from (b) no women shall be provisions within certain limits. (c) no woman shall be required or required or allowed to work in any factory allowed to work in any factory except This will also provide flexibility in except between the hours between the hours of 6 A.M. and 7.P.M: the matter of employment of of 6 A.M. and 7 P.M. women during night.Provided that the State “Provided that where the StateGovernment may, by Government or any person, authorisednotification in the Official by it in this behalf, is satisfied thatGazette, in respect of any adequate safeguards exist in a factory asfactory or group or class or regards occupational safety and health,description of factories, provision of shelter, rest rooms, lunchvary the limits laid down in rooms, night crèches and ladies’ toilets,clause (b), but so that no equal opportunity for women workers,such variation shall adequate protection of their dignity,authorize the employment honour and safety, protection fromof any woman between the sexual harassment, and theirhours of 10 P.M. and 5 transportation from the factory premisesA.M. to the doorstep of their residence, it may, by notification in the Official (c) there shall be no Gazette, after due consultation with, and change of shift except obtaining the consent of, the women after a weekly holiday or workers, workers, the employer, any other holiday. representative organisation of the employer and representative(2) The State organisation of workers of theGovernment may make concerned factory, allow women torules providing for the work between 7.00 P.M. and 6.00 A.M.exemption from the in such factory subject to suchrestrictions set out in sub- conditions as may be specified therein:Sec.(1), to such extent andsubject to such conditions Provided further that no suchas it may prescribe, of permission shall be granted to a womanwomen working in fish- worker during a period of sixteen weekscuring or fish-canning before and after her childbirth, of whichfactories, where the at least eight weeks shall be before theemployment of women expected childbirth, and for suchbeyond the hours specified additional period, if any, as specified inin the said restrictions is the medical certificate stating that it isnecessary to prevent necessary for the health of the womandamage to, or deterioration worker or her child:in, any raw material. Provided also that the restriction
  17. 17. (3) The rules made contained in the preceding proviso may under sub-section (2) be relaxed at the express request of a shall remain in force for woman worker on the basis of the not more than three medical certificate stating that neither years at a time. her health nor that of her child will be endangered.”31. 76. Power to make Clause (b) may be omitted. The issue relating to the rules.- prescription of physical standards The State Government to be attained by children and may make rules - adolescents working in factories, have been carefully examined in (a) prescribing the forms the light of the need expressed of certificates of fitness to during the 41st Conference of be granted under section CIFs. Based on the medical 69, providing for the grant opinion, the 42nd Conference of duplicates in the event decided that it would not be of loss of the original possible to prescribe such certificates, and fixing the physical standards in view of the fees which may be differing nature of work in charged for such factories and diverse certificates and renewals anthropological and physiological thereof and such conditions existing in the country. duplicates; Accordingly, the clause (b) of (b) prescribing the Section 76 is proposed to be physical standards to be deleted. attained by children and adolescents working in factories; (c) regulating the procedure of certifying surgeons under this Chapter; (d) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young person in factories and fixing the fees which may be charged for such duties and the persons by whom they shall be payable.32. 77. Certain other In the existing provision, the words, ‘Employment of Children Act, provisions of law not figures and bracket “Employment of 1938’ has been repealed and barred.- The provisions of Children Act, 1938 (XXVI of 1938)” the new Act has come into force. this Chapter shall be in may be substituted by the words, addition to, and not in figures and bracket “the Child Labour derogation of, the (Prohibition and Regulation) Act, provisions of the 1986”. Employment of Children Act, 1938 (XXVI of 1938).
  18. 18. 33. 79. Annual Leave with 1. In Sub-section (1), for the words It was decided that lot of wages.- (1) Every worker “240” the words “90” may be difficulties are caused to the who has worked for a substituted. Badli workers who are unable to period of 240 days or 2. In the last para below explanation enjoy the leave with wages for more in a factory during a 1(c) “240” shall be substituted with not being able to perform the calendar year shall be “90”. required number of days of work allowed during the for no fault of theirs. subsequent calendar year, 3. In Sub-Section (2), for the words leave with wages for a “two third”, the words “one fourth” may Accordingly, the qualifying period number of days calculated be substituted. has been reduced to 90 days from at the rate of - 240 days. (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. Explanation 1.- For the purpose of this sub- Section - (a) any days of lay-off by agreement or contract or as permissible under the standing orders; (b) in the case of female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. (2) A worker whose service commences otherwise than on the first day of January, shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of Sub-
  19. 19. Section (1) if he has worked for two thirds of the total number of days in the remainder of the calendar year.34. Section 87. Dangerous For clause (b) of Section 87 the following The Sub Group I of Task Force on operations.- clause will be substituted: women and child development Where the State recommended for restricting the Government is of In clause (b) for the words “women, employment only for pregnant opinion that any adolescents or children” the words, women, person with disability and manufacturing process “young person or a woman or a person young person below the age of 18 or operation carried on with disabilities” shall be substituted. years. This was suggested in order in a factory exposes any to promote gender equality at the persons employed in it work place. to a serious risk of bodily injury, poisoning However, it is felt that the power or disease, it may make for restriction / prohibition may be rules applicable to any in respect of all women workers factory or class or rather than only for pregnant description of factories women workers. in which manufacturing process or operation is carried on - (a) specifying the manufacturing process or operation and declaring it to be dangerous; (b) prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation;35. 89. Notice of certain Sub-section (4) may be omitted. This is consequential to diseases.- introduction of new Section 92-B where consolidated penal (1) ... ... ... provisions are available. (2) ... ... ... (3) ... ... ... (4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to one thousand rupees. (5) ... ... ...
  20. 20. 36. 91A - Safety and In Sub-Section (1) for the words Occupational Health “Director General of Factory Advice Surveys Service & Labour Institutes” , the words “Director General of Occupational (1) The Chief Inspector, or Safety and Health” may be substituted. the Director General Factory Advice Service and Labour Institutes or the Director-General of Health Services, to the Government of India, or such other persons as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the Director-General of Health Services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.
  21. 21. 37. 92. General penalty for 1. The existing Section 92 may be A Working Group was set up by offences -Save as is substituted by the following : - the 42nd Conference. of CIFs. The otherwise expressly Working Group discussed the provided in this Act and 92. General penalty for offences.- criteria for classification of subject to the provisions of (1)Save as otherwise expressly provided in offences and corresponding Section 93, if in, or in this Act and subject to the provisions of penalties and it was decided that the respect of any factory there section 93, if in, or in respect of, any offences should be classified into is any contravention of any factory there is any contravention of the two categories – (1) with fine and of the provisions of this Act provisions of Chapters I, III (except (2) with fine and imprisonment. or of any rule made sections 11, 18, 19 and 20), IV, IVA The Working Group drafted the thereunder or of any order (except sections 41B, 41C and 41H), VII proposed amendment, which was in writing given thereunder and IX (except section 89) of this Act or of approved by the 43rd Conference of ,the occupier and manager any rules made thereunder or any order in Chief Inspectors of Factories. of the factory shall each be writing given thereunder, the occupier and guilty of an offence and the manager of the factory shall each be In addition to the above, the punishable with guilty of an offence and punishable with Ministry of Labour constituted a imprisonment for a term imprisonment for a term which may Committee for review of which may extend to (two extend to two years or with fine which administrative laws concerning years) or with fine which may extend to three lakh rupees or with Ministry of Labour. The Committee may extend to (one lakh both, and in any case it shall not be less submitted its report regarding rupees) or with both and if than thirty thousand rupees: amendments to the Factories Act the contravention is and recommended that Section 92 continued after conviction, Provided that where the contravention and 93 of the Factories Act may be with a further fine which of any of the provisions of the Chapters amended suitably regarding may extend to one referred to in sub-section (1) or rules classification/ compounding of thousand rupees for each offences. made there under has resulted in an day on which the It is proposed to consolidate the contravention is so accident causing death or serious bodily provisions relating to penalties for continued. injury, the fine shall not be less than violation of various provisions of seventy-five thousand rupees. the Act by a person other than an Provided that where occupier in Chapter X (Penalties contravention of any of the (2)If the contravention is continued after and Procedures). provisions of Chapter IV or conviction under sub-section (1), then any rule made thereunder the occupier and manager of the factory Similarly, penalty provision for or under section 87 has shall each be guilty of an offence and contravention of Section 7B is also resulted in an accident punishable with a further fine which provided. causing death or serious shall not be less than two thousand bodily injury, the fine shall rupees for each day on which the The provision of compounding has not be less than twenty-five contravention is so continued. been introduced for minor offences. thousand rupees in the case of an accident causing (3) In respect of any contravention of death, and five thousand any of the provisions of this Act or of rupees in the case of an any rules made there under or any order accident causing serious in writing given there under, other than bodily injury. those mentioned under sub-section (1), Explanation.- In this for which no penalty has been provided section and in section 94 the occupier and manager of the factory “serious bodily injury” shall each be guilty of an offence and means an injury which punishable with fine which may extend involves, or in all to one lakh fifty thousand rupees and if probability will involve, the the contravention is continued after permanent loss of the use conviction, with a further fine which of, or permanent injury to, shall not be less than one thousand any limb or the permanent rupees for each day on which the loss of, or injury to, sight or contravention is so continued. hearing, or the fracture of
  22. 22. any bone, but shall not Explanation.- For the purposes of thisinclude the fracture of bone section “serious bodily injury” means anor joint (not being fracture injury which involves, or in allof more than one bone or probability will involve, the permanentjoint) of any phalanges ofthe hand or foot. loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot. 2. After Section 92, the following sections may be inserted:- 92A. Penalties for offences by persons other than occupier. If any person, who designs, manufactures, imports or supplies any article or substance for use in a factory and contravenes any of the provisions of section 7B, he shall be punishable with imprisonment for a term which may The word ‘and’ has been replaced extend to six months or with fine which with the word ‘or’ to correct the may extend to three lakh rupees or with mistake. both. 92B. Penalties in certain other cases. (1) If any worker employed in a factory spits in contravention of sub-section (3) of section 20, he shall be punishable with fine not exceeding one hundred rupees. (2) If any medical practitioner fails to comply with the provisions of sub- section (2) of section 89, he shall be punishable with fine which may extend to three thousand rupees. (3) If any worker employed in a factory contravenes the provisions of sub- section (1) of section 97 or section 111 or of any rule or order made thereunder, he shall be punishable with fine which may extend to one thousand five
  23. 23. hundred rupees.92 C. Compounding of certain offences(1) The Central Government and StateGovernment may, by notification in theOfficial Gazette, prescribe in respect ofthe offences specified in the FourthSchedule, which may before theinstitution of the prosecution, becompounded by such officers orauthorities and for such amount asprescribed:Provided that the Central Governmentor the State Government, as the casemay be, may, by notification in theofficial Gazette, amend the FourthSchedule by way of addition, omissionor variation of any offence specified inthe said Schedule.(2) Where an offence has beencompounded under sub-section (1), nofurther proceedings shall be takenagainst the offender in respect of suchoffence.
  24. 24. 38. 93. Liability of owner of The existing Section 93 may be The issue relating to inclusion of premises in certain substituted by the following : rented or otherwise let out or given circumstances:- buildings to different occupiers for (1)Where in any premises 93. Liability of owner of premises in use as ‘factory’ was discussed and a separate buildings are certain circumstances – (1) Where in Working Group drafted the leased to different any premises separate buildings are proposed amendment, to fix occupiers for use as leased to different occupiers for use as liability of owner of premises in separate factories, the separate factories, the owner of the certain circumstances. owner of the premises shall premises shall be responsible for be responsible for the provision and maintenance of – . provisions and maintenance of common facilities and (i) common facilities and services such services such as approach as approach roads, drainage, water roads, drainage, water supply, lighting and sanitation; supply, lighting and sanitation. (ii) adequate staircases; (2) The Chief Inspector shall have, subject to the (iii) precaution in case of fire; control of the State Government, power to (iv) ensuring structural stability; issue orders to the owner of the premises in respect of (v) hoists and lifts; and the carrying out of the provisions of sub-section (vi) any other common facilities. (1). (3)Wherein any premises, (2) Where in any premises, independent independent or self or self-contained floors or flats, contained, floors or flats are compartments, rooms, galas, sheds are leased to different used as separate factories, the owner of occupiers for use as the premises shall be responsible for the separate factories, the provision and maintenance of – owner of the premises shall be liable as if he were the (i) latrines, urinals and washing facilities; occupier or manager of a factory, for any (ii) safety of machinery and plant contravention of the installed in the common place or provisions of this Act in location of an occupier; respect of – (iii) safe means of access to floors or (i) latrines, urinals and flats, compartments, rooms, galas, sheds washing facilities in so far as the and maintenance and cleanliness of maintenance of the staircases and common passages; common supply of water for these (iv) precautions in case of fire; purposes is concerned; (ii) fencing of machinery (v) hoists and lifts; and plant belonging to the owner and not (vi) prohibition of the common specifically entrusted passages, balconies, verandas, access to the custody or use space, staircases and such other of an occupier; common spaces for use of any activity (iii) safe means of access not intended in such spaces; to the floors of flats and maintenance and cleanliness of

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