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Factory act
 

Factory act

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    Factory act Factory act Document Transcript

    • THE FACTORIES ACT, 1948 Object• To provide safety measures and• To promote health and welfare of workers employed in factories.• Its primary object is to protect workers against industrial and occupational hazards.• For that purpose, it seeks to impose upon the owners or the occupiers certainobligations• To protect workers and to secure for them,• Employment in conditions conducive to their health and safety from accidents.• It lays down the basic minimum requirements for ensuring the safety, health andwelfare of factory workers. THE FACTORIES ACT, 1948 APPLICABILITY• It extends to the whole of India• Applicable to all factories including government factories using power and• Employing 10 or more workers and 20 without using power on any day of thepreceding 12 months.• It covers all workers whether employed directly or indirectly or through by any agency, including a contractor, With or without the knowledge of the principal employer, Whether for remuneration or not, in any manufacturing process, but does not include a mine subject to the provisions of the Mines Act or a mobile unit belonging to armed forces a railway running shed or a hotel, restaurant or eating place. THE FACTORIES ACT, 1948 APPLICABILITY Mere fact that an Electronic Data Processing Unit or Computer Unit is installed in anypremises or part thereof shall not be construed to make it a factory if no manufacturingprocess is carried out on the premises or part thereof.The Act comprises of 11 Chapters and 120 sections and one Schedule listing notifiablediseases. THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACTLicensing Section 6 – Compulsory Approval, Licensing and Registration of Factories. Payment ofprescribed License fees and registration fees and supplying such information as may berequired by the Govt. THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACTSection 7 – Notice by Occupier The Occupier has to send to the Chief Inspector a written notice At least 15 days before he begins to use any premises as a factory. This notice should contain such particulars as name and situation of the factory, Name and address of the owner, occupier and manager to the factory,
    •  Nature of the manufacturing process to be carried on, Number of workers to be employed, Rated horsepower installed or to be installed including that of any stand-by plant andSuch other particulars as may be required by the Government. THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACT. Sec 2n OccupierOccupier of a factory means the person who has ultimate control over the affairs of thefactory. Provided that in case of a company any one of the directors shall be deemed to be theoccupier THE FACTORIES ACT, 1948 MAIN & IMPORTANT PROVISIONS OF THE ACTSection 7A General duties of the occupier – Every occupier shall ensure, so far as reasonably practicable, the health, safety andwelfare of all workers while they are at work in the factory. THE FACTORIES ACT, 1948 HEALTH & SAFETY MEASURES Chapter III provides comprehensive measures for safeguarding the health of workers and following safety measures, of which important are: This Chapter interalia requires proper cleanliness, frequency and mode of cleaning isprescribed, arrangement for disposal of trade waste and affluents, provision of properventilation and temperature conditions of reasonable comfort of worker, control of dust andfumes, so as to prevent its inhalation by the workers. There should be no overcrowding in the factory, to an extent, it may be injurious totheir health. It is the responsibility of the occupier/manager of the factory to provide adequate latrines, urinals, washing points, drinking water points, etc. THE FACTORIES ACT, 1948 CHAPTER IV (SAFETY) To ensure safety of workers working on or around the machines, it is essential that all dangerous parts of machinery should be properly fenced withsafe-guards of substantial construction, which shall be maintained and kept in position, whilethe machinery is in motion (section 21). This section also prohibits examination and lubrication of machinery while in motion,unless it is carried out by a trained, male adult worker, whose name has been recorded in theregister prescribed for this purpose. Section 23 of this Act prohibits employment of young persons on dangerous machinessuch as presses, wood working machines, etc. THE FACTORIES ACT, 1948 CHAPTER IV (SAFETY)The other sections of this Chapter deal with the safety of self-acting machines, casing of newmachinery, prohibition on employment of women and children under cotton openers,
    • maintenance and testing of hoists and lifts, lifting machines, chains, ropes, etc. revolvingmachines, pressure plants.The maintenance of floors, stairs, pits, sumps, excessive weights,protection of eyes, precautions against dangerous fumes,precautions regarding use of portable electric lights, explosive and flammable dusts,precautions in case of fire,In addition to these requirements, all factories ordinarily employing 1000 workers or more arerequired to employ such of safety officers, as may be prescribed by State Rules. THE FACTORIES ACT, 1948 CHAPTER VI A PROVISIONS RELATING TO HAZARDOUS PROCESS (INSERTED AFTER BHOPAL GAS TRAGEDY)HAZARDOUS PROCESS – means any process or activity in relation to an industry specified in the First Schedule where,unless special care is taken,raw materials used thereinor the intermediate or finished products, bye-products, wastes or effluents thereof would – cause material impairment to the health of the persons engaged in or connectedtherewith, or result in the pollution of the general environment. THE FACTORIES ACT, 1948 Sec 41Aa) Constitution of Site Appraisal Committee to consider applications for grant of permission forthe initial location of a factory, involving hazardous process or an expansion of any suchfactory. THE FACTORIES ACT, 1948 Sec 41BCompulsory disclosure of information by the occupier –It shall be the duty of the occupier to –a. Disclose information regarding dangers, including health hazards and measures toovercome such hazards arising out of hazardous substances, to the Chief Inspector ofFactories, local authority and the general public in the vicinity.b. Prepare health and safety policy. It also applies to non-hazardous and non-dangerousoperations of factories employing 100 or more workers, without the aid of power or 50 ormore workers, with the aid of power. THE FACTORIES ACT, 1948 Sec 41Ba Furnish information on hazardous waste.b. Prepare on-site emergency plan, detailing safety measures to be taken in theevent of an accident-taking place;c Assist the authorities in preparation of off-site Emergency plan and preparation of information to be furnished to general public.c Collection, development and dissemination of information in the form of Material Safety Data Sheet (MSDS) and labeling of containers of hazardous substances.
    • THE FACTORIES ACT, 1948 Sec 41CSpecific responsibility of the occupier in relation to hazardous processes –a to maintain accurate and upto date medical record of the workers;a to appoint qualified, experienced and competent supervisors to supervise handling of hazardous substances.a Pre-employment and post-employment medical examination of workers, at regular intervals. THE FACTORIES ACT, 1948 Sec 41D & EThese sections empower the Central Government to appoint an Enquiry Committee, inextraordinary situations and to prescribe safety standards, wherever the same have not beenprescribed THE FACTORIES ACT, 1948 Sec 41F Permissible limits of exposure of chemical and toxic substances have been prescribedunder the Second Schedule. These limits are applicable, whether industry is hazardous or not. THE FACTORIES ACT, 1948 Sec 41GWorkers participation in Safety Management – “Safety committees” are required to be setup comprising of representatives of Management and workers, to promote better co-operation. THE FACTORIES ACT, 1948 Sec 41HRight of workers to warn about imminent danger –This section empowers workers to bring to the notice of the occupier, manager or in charge,directly or through the Safety Committee any situation where there is a likelihood of imminentdanger to human life and to simultaneously bring to the notice of the Inspector of Factories. THE FACTORIES ACT, 1948 CHAPTER V ( WELFARE)The important requirements of this Chapter are to provide:-Separate and adequate washing facilities for male and female workmen.Facilities for storing and drying wet clothes.Facilities for sitting for workers obliged for work normally in standing position.First Aid-box under charge of a trained person. One for every 150 workmen
    • Ambulance room for factory ordinarily employing more than 500 workmen.Suitable and adequate Rest Shelter or a Rest room and Lunch room to be provided in factoriesordinarily employing more than 150 workers. However, the provision shall not be required, ifcanteen according to sec 46 has been provided. THE FACTORIES ACT, 1948 CHAPTER V ( WELFARE)Canteen of prescribed standards in factories employing more than 250 workmen, to be run onno profit basis by a duly constituted canteen managing committee.h Creche of prescribed standards for use of children below 6 years of age of women workers, employed in factories ordinarily employing more than 30 women workers. Such crèche should be under the charge of a trained woman.h Factory ordinarily employing 500 or more workers, are required to appoint a Welfare officer, whose duties, qualifications and conditions of service are prescribed under the State Factory Rules. THE FACTORIES ACT, 1948 WORKING HOURS, REST INTERVALS, HOLIDAYS FOR ADULTSSec 51, 53,54,55, 56 – No adult worker is to be allowed to work in a factory for more than 48 hours in a week2 Weekly holiday on the first day of the week, which is Sunday3. or may be any other day, as may be approved by the Chief Inspector of Factories, for aparticular area. THE FACTORIES ACT, 1948 WORKING HOURS, REST INTERVALS, HOLIDAYS FOR ADULTS1. There is also a provision for substitution of weekly off.2 Work for not more than 48 hours in a week and 9 hours in a day.2 The spread-over should not exceed 10 ½ hours, unless exempted by the CI upto 12 hours.2 A rest interval of at least half an hour should be provided, in such a way that no period of work shall exceed 5 hours.Overlapping of shifts is not permitted, unless exemption is obtained from CI of Factories. THE FACTORIES ACT, 1948
    • OVERTIME A worker, who works in a factory for more than 9 hours on any dayor more than 48 hours in a week,is entitled for over time wages at twice the ordinary rate of wagesThe total No of hours of overtime which a workman can workis not to exceed fifty for any one quarter.Quarter means a period of three consecutive months beginning from1st of Jan, 1st of April, 1st of July and 1st of October.Double employment of a worker is prohibited under Sec 60. THE FACTORIES ACT, 1948 Notice periods of work for AdultsThere should be displayed a notice period of work for adults showing the periods during which adult workers may be required to work. Prior approval of Inspector for making any changes. No adult worker to work other than in accordance with the notice. Sec 61, 63.Register of adult workers is required to be maintained as per Sec 62 1A.Section 661B prohibits employment of women between 7pm to 6am. (This section has beenstruck by the Madras and AP High Courts. THE FACTORIES ACT, 1948 Notice periods of work for AdultsThe above provisions regarding working hours, spread-over, weekly holidays , etc. exceptingthe one regarding employment of women at night are not applicable to persons holdingposition of Management or supervision or who are employed in confidential positions in afactory as may be defined by the State Govt. THE FACTORIES ACT, 1948 Chapter VII Employment of women and young personsWomen workers are not to be employed during night, or between 7pm and 6am.The Government is empowered to relax from 10pm to 5am. Sec 66b. No child below the age of 14years is required to be employed in any factory. Sec 67. THE FACTORIES ACT, 1948 Chapter VII Employment of women and young personsA child who has completed his 14th year, or an adolescent, is not to be employed unless he his certified to be fit for work in a factory by a Certifying Surgeon.The certificate is valid for one year and is to be kept in the custody of the manager andthe child or the adolescent has to carry with him while at work a token giving reference tosuch certificate. Sec 68, 69.
    • THE FACTORIES ACT, 1948 Chapter VII Employment of women and young personsd. No child is to be employed a. for more than four and half hours on any day and during night, or between 10 pm and 6am.The period of work is also not to be spread over more than two shifts of five hours each. Sec. 71.e. Every child worker is to be allowed a weekly holiday and no exemption is permissible. Sec 71(3).f. No female or male adolescent below the age of seventeen who is certified to be fit to workshall be required or allowed to work except between 6am to 7pm. THE FACTORIES ACT, 1948 Chapter VII Employment of women and young personsg. No female child shall be required to work between 7pm and 8 am. Sec 71.h. A register of child workers is to be maintained. Sec 71. Child worker means a person who has not completed his 15th year of age.Adolescent means a person who has completed his 15th y ear of age but not completed his 18th year.Young person means a person who is either a child or an adolescent. THE FACTORIES ACT, 1948 CHAPTER VIII ANNUAL LEAVE WITH WAGES. SEC 78 TO 81.1. The provisions of this Chapter do not apply, if a worker, under any award, settlement, agreement or contract of service is entitled to leave with wages which are more favourable than those in this Act.2. An adult worker is entitled to leave with wages, in the subsequent calendar year, if he has worked for 240 days or more in a calendar year. One leave for 20 days of actual working, in case of an adult. One for every 15 days in case of a child. The period of lay-off, maternity leave in case of women workers and the leave earned in the year prior to which it is enjoyed shall be deemed to be days on which the worker has worked, for the purpose of computation of 240 days but shall not earn leave for those days.-------------------------------------------------------------------------------------------- THE FACTORIES ACT, 1948 CHAPTER VIII ANNUAL LEAVE WITH WAGES. SEC 78 TO 81.
    • 2 For a worker whose employment commences otherwise than on 1st of Jan shall be entitled to leave, if he has worked for more than 2/3rd of number of days in the remainder of the calendar year even if it is less than 240 days.2 While calculating leave Sundays and holidays should be excluded, whether occurring during or at the end of the leave period.2 Payment in lieu of leave has to be made within two months from date of superannuation or death or on the next working day in other cases of termination.6. A fraction of ½ day or more has to be treated as one leave. THE FACTORIES ACT, 1948 CHAPTER VIII ANNUAL LEAVE WITH WAGES. SEC 78 TO 81.7. Unavailed leave can be carried forward upto 30 days for adult and 40 days for child worker. Leave refused can be carried forward without any limit.8. A notice of minimum 15 days is required to be given, from date of commencement of leave in non-public utility service and for public utility service a minimum of 30 days. Notice period not necessary to cover period of sickness.9. Leave cannot be taken for more than 3 times in a year.10. Unavailed leave cannot be taken into consideration while calculating notice period, in case of discharge or dismissal. THE FACTORIES ACT, 1948  Special provisions relating to accidents. Secs 88 to 91.  Sec 88 – Where in any factory an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty eight hours or more immediately following the accident or which is of such a nature as may be prescribed the manager of the factory shall send notice thereof to such authorities as may be prescribed. Rule 115 THE FACTORIES ACT, 1948 Notification of accidentsWithin 4 hrs of happening of accidentSend notice by telephone, special messenger or telegram to the Inspector and the Administrative Medical officer, ESIS.Where accident is fatal or of such serious nature that it is likely to prove fatal, notice as aforesaid to be sent toDist Magistrate or Sub Divisional Officer, Officer in charge of nearest police station and nearestrelatives of the injured or deceased person.
    • THE FACTORIES ACT, 1948 Notification of accidentsIn case of an accident where the injured person subsequently dies information to be sent, within 24 hours, toThe Inspector, Admn Med Officer ESIS, District Magistrate or Sub Divl Magistrate and the officer in charge of the nearest police station. THE FACTORIES ACT, 1948 Special provisions relating to accidents. Secs 88 to 91  Sec 89 Where any worker in a factory contacts any disease specified in the third schedule the manager of the factory shall send a notice in Form 25, not later than 4 hours, to the Chief Inspector and to the Medical inspector of factories and the Admn medical oficer ESIS by the manager of the Factory. Rule 116. The medical practitioner attending to such an employee shall send without delay a report in writing to the office of the Chief Inspector of Factories. THE FACTORIES ACT, 1948 Special provisions relating to accidents. Secs 88 to 91Sec 91 Safety and Occupational Health Surveys.Such surveys may be conducted by the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services to the Govt of India and every occupier and manager of factories has to afford all facilities for such surveys, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. THE FACTORIES ACT, 1948 Sec 101 Exemption of occupier or manager from liability in certain cases. If he proves to the satisfaction of the court –a) that he has used due diligence to enforce the execution of this Act, andb) that the said other person committed the offence in question without his knowledge, consent or connivance. THE FACTORIES ACT, 1948 Sec 103 Presumption of employment  If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory. THE FACTORIES ACT, 1948 Sec 111 Obligation of workersNo worker in a factory :shall willfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein.
    • Shall willfully and without reasonable cause do any thing likely to endanger himself or others, andShall willfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.Contravention will entail imprisonment upto 3 months or fine or both. THE FACTORIES ACT, 1948 • Sec 111-A Rights of workers: obtain from the occupier, information relating to workers’ health and safety at work. • Get trained within the factory wherever possible or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers health and safety work. • Represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory. THE FACTORIES ACT, 1948 Display of abstract, annual returns and registers. • Abstract and Rules to be displayed in Form 28. • Annual returns in Form 27 before 1st Feb. • Annual returns of holidays before end of each year. • Annual returns of holidays dispensed with where Sundays are observed as holidays or, • a fixed day in a week is observed as a holiday or, • where holidays are observed as per list approved by chief inspector. • Where departure is made from such a holiday or list of holidays prior intimation shall be given to Chief Inspector THE FACTORIES ACT, 1948 Display of abstract, annual returns and registers.Muster Roll in Form 29. Rule 122. To be preserved for 3 yrs from date of last entry.Register of accidents and dangerous occurrences in Form 30. Rule 123. Copies of entries in Form 30 to be furnished by the Manager to the Inspector on or before 15th Feb.Inspection book in Form 31 to be maintained of size 35 cms x 20 cms to be produced if and when required by Inspector or CS.Book to contain 180 pages consecutively numbered with perforated margin of 2.54 cms.Loss of book to be reported to inspector immediately and a new book to be maintained thereafter. THE FACTORIES ACT, 1948 Registers
    • Leave with wages register in Form 20. Rule 105.In any other form with permission of Chief Inspector.To be preserved for 3 yrs from date of last entry.Leave book in form 20 to be provided to every worker not later than 28th Feb of the following calendar year. Rule 106.Not to be kept in employers custody for more than a week at a time for making entries.