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  1. 1. The Factories Act, 1948. Brief outline.
  2. 2. The Factories Act, 1948. • Parent Act - 1934 on regulation of labour on safety, welfare, health etc. • Lot of defects & weaknesses were noticed in the said statute. • It was felt necessary to change the statute because of growing industrial activates across the country also. • Present act of 1948 came into force from 1. 4.1949. • For setting up a factory , the employer need to submit proposed site plan, design, specification/ elevation in details to the factory directorate chief . • Pollution clearance certificate is mandatory • Registration to the factory directorate is mandatory • In every year ( by dec) approval for license with requisite fee is mandatory. Annual & half yrly return to send. • Definition, as per act is where 10 workers are employed with power or 20 people are employed without power.
  3. 3. The Factories Act, 1948. • But manufg process or incidental to that is MUST • Sec 2(k) defines what would be manufg process. • Definition of worker----- any person directly or thru contractor/s , whether remuneration or not , with or without knowledge of principal employer • But does not include persons employed in mines, railways, hotels, shops/establishments etc. • Difference between ‘worker’ under factories act & ‘workmen’ under ID Act,1947 • Definition of ‘ occupier ‘ / sec 2(n) • Role of certifying surgeon --- young persons
  4. 4. Basic Statutory Health measures… cleanliness disposal of waste/ effluents dust/ fumes artificial humidification overcrowding lighting latrines/urinals drinking water provisions spittoons
  5. 5. Basic Safety measures… •Fencing of machineries •m/c in motion •striking gear/ device for cutting of power •casing of new m/c •lifting m/c, chains, ropes, lifting tackles •revolving m/c •floors/stairs/ means of access •excessive weights •protection of eyes •protection against dangerous fumes/gases etc •explosive/ inflammable dust/gas etc •safety of building / machinery •maintenance of building •Precaution in case of fire---means to escape, required fire extinguishers , trained people to operate such extinguishers, different types and nos , as per rules. •Role of ‘ SAFETY OFFICER” mandatory where 1000 employees are employed.
  6. 6. Hazardous Process (sec 2 sub sec(cb)/Shedule1) of Act w.e.f- 1.12.1987 •Sec 41 A to H / Compulsory disclosure of information by occupier about •Hazardous waste & substance to declare information •Safety policy •MSDS •Medical report of the workers working in the hazardous operations •Workers participation in the safety committee •Right of the workers about imminent danger.
  7. 7. Permissible limits of certain chemical substances in work(sec 41 (F) second schedule of the Act • List of modifiable diseases ( sec 89 & 90 ) third schedule • Role of certifying Surgeon of the Govt
  8. 8. Statutory Welfare Measures… •Washing facility •First aid appliances •Trained nurses •Ambulance room ( 500+) & Medically qualified Doc/ personnel •Canteen ( 250+) •Food stuff •No profit – No loss •Canteen Managing Committee •Welfare officer/ 500 + & separate statute
  9. 9. Working Hours of Adults. •Weekly holiday on the first day of the week/no one is allowed to work on the first day in the week / substitute holiday – 3 day before or after but not more than 10 consecutive days consecutively. •Compensatory holiday / deprived of any holiday due to him, to be given to him, within a month or within 2 months immediately following that month. •Not more than 9hrs / day •Spread over hours ( 10.5 hrs max) / max 12 hrs with permission / rest of interval for half an hour after 5 hrs continuous working. •Night shift / women workers are barred form working from 7 pm to 6 am •Overlapping of shifts not permitted •OT / more than 9 hrs /day or 48 hrs/ week. Double the ordinary rate of wages max 60 hrs / Qr
  10. 10. Working Hours of Adults. Notice of adult workers. Power for exemption for urgent repair, predatory or complimentary work or for technical reasons must be carried out constantly, breakdown of machines or persons working in the confidential position etc. Crèche ( 30+ female ) Leave with wages.– min 240 days working in a yr, 3times in a yr, carried forward max 30 days, leave book, register, lay off & mat leave upto 12 weeks to take, joining other than 1st jan, two third of working, discharge/ termination, retired, refusal of leave, 15 days before to apply, for PUS, 30 days before, leave for illness, un availed leave not to take for notice period.
  11. 11. Notice of accidents / notice for certain dangerous occurrences… For death or bodily injury, notice must be sent to the authorities. Mandatory This is required for dangerous occurrences also. Penalty for violations •Imprisonment for 2 yrs and or fine with 1 lakh max / Rs 1000 for each day for repetition •Enhanced penalty after previous conviction / imprisonment for 3 yrs & fine up to 2 lakh rupees / max •Penalty for contravention of any provisions sec 41B, C &H / Jail for 7 yrs & fine 2 lakh max.
  12. 12. Thank You. Prabir Kumar Dasgupta. +91 9830136696