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Factories act, 1948 with related attachments

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7.12.2013

7.12.2013

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  • 1. Factories Act, 1948 Presented By: Shalu Saraf CS Trainee
  • 2. Factories Act, 1948 Object & Scope • This act extends to whole of India. • The main object of this act is to ensure adequate safety measures and to promote the health & welfare of workers employed in factories. • The act also make provisions regarding employment of women & young person (including children & adolescents), annual leave with wages etc.
  • 3. Factories Act, 1948 Applicable • It covers all the manufacturing process and establishments falling under the definition of ‘factory’ as defines under the sec. 2(m). • Unless otherwise provide it is also applicable to establishments of central/ state govt. (Sec. 116)
  • 4. Factories Act, 1948 Factory (Sec. 2(m))  It includes premises including any precincts thereof: 1) whereon 10 or more workers are working or were working on any day of preceding 12 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 2) whereon 20 or more workers are working or were working on any day of preceding 12 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 mine act, 1952 - a mobile unit belonging to the armed force of the union - a railway running shed or, - a hotel, restaurant or eating place.
  • 5. Factories Act, 1948 Statutory Agency & their power for enforcement of the Act • • • Sec. 3 empowers the State Govt. to make rule for the references to the time of day. These rules may specify the area, define the local mean time ordinarily observed in it and permit such time to be observed in all or any of the factories situated in that area. State Govt. assumes power to declare different deptt. To be separate factories or two or more factories to be a single factory under this act. This power will be utilized by the state govt. either its own or on the application of occupier. But no order can be made on its own motion unless occupier heard in this regard. (Sec. 4) Sec. 5 defines Public Emergency as a situation whereby the security of India or any part of the territory thereof is threatened whether by war or external aggregation or internal disturbance. State govt. further has the power under sec. 5 to exempt by notification to any factory or class from any of the provisions of this act except sec. 67 for such period and for such conditions as it may think fit, however such notification can shall be made exceeding a period of 3 months at a time.
  • 6. Factories Act, 1948 Administration • The state govt. carry out administration of the act through: 1. Inspecting Staff (sec. 8) 2. Certifying Surgeons (sec. 10) 3. Welfare Officers (sec. 49) 4. Safety Officers (sec. 40-B)
  • 7. Factories Act, 1948 Inspecting Staff (sec. 8) (1) The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit. (2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. (3) No person shall be appointed under sub-section (1), sub-section (2)sub-section (2A) or sub-section (5), or having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith. (4) Every District Magistrate shall be an Inspector for his district. (5) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively. (6) In any area where there are more Inspectors than one the State Government may, by notification as aforesaid, declare the powers, which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent. (7) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this section shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the State Government may specify in this behalf.
  • 8. Factories Act, 1948 Power of Inspector (sec.9) • Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed – (a) enter to any place which is used, or which he has reason to believe is used, as a factory; (b) make examination of the premises, plant, machinery, article or substance; (c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; (d) require the production of any prescribed register or any other document relating to the factory; (e) seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed; (f) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination. (g) in case of any article or substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article of substance or a part thereof, and detain it for so long as is necessary for such examination; • Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself.
  • 9. Factories Act, 1948 Certifying Surgeons (sec. 10) • Appointment of certifying surgeon by state govt. for the following purposes:- The examination & certification of the young person under this act. - Examination of persons engaged in factories in such dangerous occupation or processes as may be prescribed. - The exercising of such medical supervision as may be prescribed for many factory or class or description of factories.
  • 10. Factories Act, 1948 Welfare Officers (sec. 49) - Impose statutory obligation on the occupier of the factory of the appointment of welfare/s officer wherein 500 or more workers are ordinarily employed. - Duty, Qualification and conditions of service may be prescribed by the state govt.
  • 11. Factories Act, 1948 Safety Officers (sec. 40-B) • It empowers the state govt. for directing a occupier of factory to employ such no. of safety officer as specified by it where more than thousand workers were employed or where manufacturing process involves risk of bodily injury, poising or disease or any other hazards to health of the persons employed therein. • Duty, Qualification and conditions of service may be prescribed by the state govt.
  • 12. Factories Act, 1948 Approval, Licensing & Registration of Factories (sec. 6)  The State Government may make rules :(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government; (aa) requiring, the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories; (b) requiring for the purpose of considering applications for such permission the submission of plans and specifications; (c) prescribing the nature of such plans and specifications and by whom they shall be certified; (d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licenses; (e) requiring that no license shall be granted or renewed unless the notice specified in section 7 has been given.
  • 13. Factories Act, 1948 Approval, Licensing & Registration of Factories (sec. 6)  If on an application for permission referred to in clause (aa) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief inspector by registered post, no order is communicated to the applicant within 3 months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.  Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within 30 days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.
  • 14. Factories Act, 1948 Notice by occupier (sec. 7)  The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory and atleast 30 days before the date of resumption of work in case of seasonal factories (working less than 180 days in a year), send to the Chief Inspector a written notice 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 or building (including the precincts thereof) referred to in section 93; (c) the address to which communication relating to the factory may be sent; (d) the nature of the manufacturing process • (i) carried on in the factory during the last 12 months in the case of factories in existence on the date of the commencement of this Act, and • (ii) to be carried on in the factory during the next 12 months in the case of all factories; (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 stand-by plant; (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; (h) the average number of workers per day employed during the last
  • 15. Factories Act, 1948 Notice by occupier (sec. 7)  Notice where new manager appointed:Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge.  When there is no manager- occupier deemed as manager:During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.
  • 16. Factories Act, 1948 Measures Taken By The Factories For Health • • • • • • • • • • Cleanliness (sec. 11) Disposal of waste & effluents (sec.12) Ventilation & temperature (sec. 13) Dust & fume (sec. 14) Artificial humidification (sec. 15) Overcrowding (sec. 16) Lighting (sec. 17) Drinking water (sec. 18) Latrines & urinals (sec. 19) Spittoons (sec. 20)
  • 17. Factories Act, 1948 Safety • Fencing of machinery (sec. 21) • Work on or near machinery in motion (sec. 22) • Employment 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) • Lifting machines, chains, ropes and lifting tackles (sec. 29) • Revolving machinery (sec. 30)
  • 18. Factories Act, 1948 Safety • • • • • • • • • • • • Pressure plant (sec. 31) Floors, stairs and means of access (sec. 32) Pits, sumps, openings in floors, etc (sec. 33) Excessive weights (sec. 34) Protection of eyes (sec. 35) Precautions against dangerous fumes, gases, etc. (sec. 36) Precautions regarding the use of portable electric light (sec. 36 A) Explosive or inflammable dust, gas, etc (sec. 37) Precautions in case of fire (sec. 38) Power to require specifications of defective parts or tests of stability (sec. 39) Safety of buildings and machinery (sec. 40) Power to make rule to supplement this chapter (sec. 41)
  • 19. Factories Act, 1948 Welfare • Washing facilities (sec. 42) • Facilities for storing and drying clothing (sec. 43) • Facilities for sitting (sec. 44) • First aid appliances (sec. 45) • Canteens (sec. 46) • Shelters, rest rooms and lunch rooms (sec. 47) • Crèches (sec. 48) • Welfare officers (sec. 49) • Power to make rules to supplement this chapter (sec. 50)
  • 20. Factories Act, 1948 working hours of an adult • • • Weekly hours (sec. 51) : 48 hours in a week. Weekly holidays (sec. 52) : No adult worker shall be required or allowed to work in a factory on the first day of the week. Compensatory holidays (sec. 53) : within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. • • • • • Daily hours (sec. 54) : not more than 9 hours in day. Intervals for rest (sec. 55) : ½ an hour after working of 5 hours , but state govt. in special circumstances on written application can allow continue working not more than 6 hours. Spread over (sec.56) : inclusive of his intervals for rest under section 55, they shall not spread over more than 10 ½ hours in any day (chief inspector can raises it up to 12 hours). Night shifts (sec. 57) Prohibition of overlapping shifts (sec. 58)
  • 21. Factories Act, 1948 working hours of an adult • Extra wages for overtime (sec. 59) : Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. • Restriction on double employment (sec. 60) • Notice of periods of work for adults (sec. 61) • Register of adult workers (sec. 62) • Hours of work to correspond with notice under section 61 and register under section 62 (sec. 63) • Power to make exempting rules (sec. 64) : State Govt. • Power to make exempting orders (sec. 65) : State Govt.
  • 22. Factories Act, 1948 • Further restrictions on employment of women (sec. 66) (a) no exemption from the provisions of section 54 may be granted in respect of any women; (b) no woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. : Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.
  • 23. Factories Act, 1948 Employment of young person & children • Prohibition of employment of young children (sec. 67): No child who has not completed his fourteenth year shall be required or allowed to work in any factory. • Non-adult workers to carry tokens (sec. 68) : A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless • (a) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory; and • (b) such child or adolescent carries while he is at work a token giving a reference to such certificate
  • 24. Factories Act, 1948 Employment of young person & children Working hours for children (sec. 71) : (1) No child shall be employed or permitted to work, in any factory (a) for more than four and a half hours in any day; (b) during the night. (2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days. (3) The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child. (4) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. (5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.
  • 25. Factories Act, 1948 Employment of young person & children • Notice of periods of work for children (sec. 72) • Register of child workers (sec. 73) • Hours of work to correspond with notice under section 72 and register under section 73 (sec. 74) • Power to require medical examination (sec. 76) • Power to make rules (sec. 77) : State Govt. • Certain other provisions of law not barred (sec. 78)
  • 26. Factories Act, 1948 ANNUAL LEAVE WITH WAGES • (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of – (i) if an adult, one day for every 20 days of work performed by him during the previous calendar year; (ii) if a child, one day for every 15 days of work formed by him during the previous calendar year.
  • 27. Factories Act, 1948 offences & Penalties (sec. 92 to 106) OFFENCE PENALTIES For contravention of the Provisions of the Act or Rules Imprisonment upto 2 years or fine upto Rs.1,00,000 or both On Continuation of contravention Rs.1000 per day On contravention of Chapter IV pertaining to safety or dangerous operations. • Not less than Rs.25000 in case of death. • Not less than Rs.5000 in case of serious injuries. Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend 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 provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger • Imprisonment upto 7 years with fine upto Rs.2,00,000 and on continuation fine @ Rs.5,000 per day. • Imprisonment of 10 years when contravention continues for one year.
  • 28. Factories Act, 1948
  • 29. Factories Act, 1948 Forms for Registration, license & Plan Approval Form No. 1 (prescribed under rule 3) Form No. 2 (prescribed under rule 4) Form No. 3 (prescribed under rule 4 & 7) Application for renewal of license. Forms for General Routine Records Form No. 7 (prescribed under rule 17) Record of Lime Washing, painting etc. Form No. 15 (prescribed under rule 88) Register of adult workers. Form No. 18 (prescribed under rule 94) Register of leave with wages. Form No. 19 Form No. 28 (prescribed under rule 110) Form No. 36 (See rule 110-A)
  • 30. Factories Act, 1948 Forms for Specific type of Factories, Conditions Form No. 6 (prescribed under rule 23) Form No. 8 (prescribed under paragraph 5(1)(c) of schedule VI to rule 54 & rule 55) Form No. 16 (prescribed under rule92) Form no. 17 (prescribed under rule 93) Notice To Be Displayed Form No. 14 (prescribed under rule 87) Notice of period of work of adult workers Form No. 23 (prescribed under rule 106) Abstract of F.A.,1948 & Gujarat Factories rules 1963 List of Weekly Holidays Form V. Abstract of Payment Of Wages Act, 1936 & rules made there under
  • 31. Factories Act, 1948 Forms just to maintain- Filed by Outer Agencies Form No. 1-A (prescribed under rule 3-C) Form No. 5 Form No. 9 (prescribed under rule 58) Form no. 10 (prescribed under rule 60) Form No. 11 (prescribed under rule 61) Form No.11-A (prescribed under rule 61-A) Form No. 20 (prescribed under rule 15) Health Register Form no. 26-A (prescribed under rule 102) Form No. 27-A (prescribed under rule 102) Form No. 30 (prescribed under schedule VI of rule 102) Form No. 31 (prescribed under rule 112) Form no. 32 (prescribed under rule 68-T & 102) Form No. 33 (prescribed under rule 68-T & 102) Form No. 35 (prescribed under rule 100)
  • 32. Factories Act, 1948 Occasional used Forms Form No. 3-A (prescribed under rule 12A) notice of change of manager Form No. 12 (prescribed under rule 84) Form No. 13 (prescribed under rule 85) Form no. 21 (prescribed under rule 103) Notice of Accident Form no. 21-A (prescribed under rule 103) Form no. 22 (prescribed under rule 104) notice of poisoning/disease Form no. 29 (prescribed under rule 111) Closer Notice Under GFR 113 Re-opening Notice Under GFR 113 Miscellaneous Forms Form No. 1-B Form No. 37(prescribed under rule12-B) Returns Form No. 24 Form No. 25
  • 33. Factories Act, 1948