West Bengal Factories Act & Rule , by B C Das

1. Factories Act 1948
and
West Bengal Factories Rules 1958

2. Objective
• To regulate labour in factories
• To protect workmen from being subjected to
unduly long working hours
• For making provisions for healthy and
sanitary conditions of service and
• For protecting the workmen from industrial
hazards
2

3. Factories Act 1948
3

4. Factory
Any Premises Including the Precincts Thereof
Where 10 or more workers are working or were
working on any day of the 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
Whereon 20 or more workers are/ were working
and in any day of the preceding 12 months and in
any part of which a manufacturing process is being
carried on without the aid of power…..
But does not include a mine or mobile unit of the armed forces,
railway running shed or hotel, restaurant or eating place
4

5. Chapters: Factories Act & Rules
CHAP
Act Rule
Subject SEC Subject Rule
I Preliminary 1-7, 7A,
7B
Same 1-12,
12A, 12B
II Inspecting
Staff
8, 9, 10 Insp/Cert
Surgeon
13, 14,
14A - F
III Health 11 - 20 Same 15 - 54
IV Safety 21 - 41 Same 55 - 62C
IVA Haz. Process 41A -
41H
Notified
09.02.93
62AH -
62TH 5

6. Chapters: Factories Act & Rules
Chap Subject SEC Subject Rule
V Welfare 42-50 General 63-76
VI Working
Hazard
51-66 Working
Hours
77-84
VII Employment of
Y / Persons
67-77 Employment of
Y / Persons
85-86
VIII Leave & Wages 78-84 Leave &Wages 87-94
IX Special
Provisions.
85-91A Special
Provision.
95-97
X Penalties 92-
106A
Supplmtl 98-124
XI Supplemental
6

7. Worker
A person employed directly or by or thro’ any
agency (including a contractor) with / without the
knowledge of principle employer, whether for
remuneration or not, in any mfg proce, or in cleaning
any part of the machinary / premises used for the
mfg process, or in any other kind of work, incidental
to / connected with the mfg. Process or the subject of
the mfg. Process but does not include any member of
the armed force of the union
7

8. Duties of an Occupier : Sec.7A (1)
Every Occupier Shall Ensure,
So Far As Reasonably Practicable,
the Health, Safety and Welfare of All Workers
While They Are At Work IN the Factory
We Have To Guarantee
Health Safety & Welfare At Work
Ensure - To Guarantee
8

9. Sec.7A (2) Such Duty Shall Include
a) Provision & maint. of plant & equipment
b) Safe use, handling, storage and transportation
of articles / substances
c) Provision of adequate information, instruction,
training and supervision
d) Maint. of all places of work and means of
access to / egress from such places
e) Provision, maint. or monitoring of healthy
working environment 9

10. Presumption As To Employment: Sec.103
If a person is found in a factory at any time, except
during interval of 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 purpose of
the Act and the rules made thereunder, to have been
at that time employed in the factory.
10

11. Manufacturing Process: Sec. 2(k)
Manufacturing process means any process for -
i. Making, altering, repairing, ornamenting,
finishing, packing, oiling, washing, cleaning,
breaking up, demolishing or Otherwise treating
or Adapting any Article or Substance with a view
to its use, sale, transport, delivery or Disposal
ii. Pumping oil, water, sewage or Any subs.
iii. Generating, transforming or transmission of
electrical power….
11

12. General Duties of Occupier : Sec.7A (3)
Safety Policy
Every occupier shall prepare, and,
As often as may be appropriate, revise
A written statement of his general policy
With respect to the Health and Safety
of the workers at work and the
Organisation
And arrangement for the time being in force
For carrying out that policy, and
To bring the statement and any revision
Thereof
To the notice of all the workers
In such manner as may be prescribed
12

13. Important Sections & Rules
Sec. 4 Declare number of factories state govt.
on its own / on application from occupier
Sec. 6/R3 Approval license/ registration application
in Form-2 with documents / plans to CIF
Sec. 7 Occupier shall, at least 15 days before he
begins to occupy any premises as a
factory, send to CIF a written notice 13

14. Important Sections & Rules
SEC 7: Notice by occupier (15 days in Advance)
If the manager does not manage, the person
found actually managing or, if none, the
occupier shall be deemed as manager.
R 55A: Gen. Safety
Anything which may / is likely to cause
accident / injury is not allowed in A factory.
14

15. Important Sections and Rules : Health
Sec. 11-20/ R- 17- 46
R. 18 : White wash record in form -6
R.19, Sec.12 : Waste disposal
R.19A, Sec.13 : Ventilation & Temperature
R.31-32, Sec.17 : Lighting and glare prevention
R.33 : Exemption facilities by CIF
R.34-35, Sec.
18
: Drinking water
R.36-42, Sec.19 : Urinals, latrines
R.44-46, Sec. : Spittoons
15

16. Important Sections & Rules
SEC.21 : Fencing of machinery
Moving part of prime mover, transmitting
machinery, dangerous part of any other
machinery to be guarded.
SEC.22 : Work on / near machinery in motion
11b) : Specially trained adult male worker in
tight clothing
(2) : No woman / young person 16

17. Important Sections & Rules
Sec.28,29/
R.55:
Hoists & lifts
To be examined/ tested (for Hoist
& Lifts – 6 mthly and Tools
&Tackles -12 mthly). Identity
mark / SWL. Document results.
R. 55 (11) :
passage ways/
clearance for
overhead
cranes
P. Way not < 50 cm
Side railings – 90 cm
Toe board - 10 cm high.
Access ladder with hand rails.
Vertical Clearance not< 2M.
17

18. Important Sections & Rules
RULE 51A : Fragile Roofs
No person shall be allowed to have access without
suitable devices to prevent falling from top and
work permit. Display warning notice. No
preparatory work be allowed on roof
SEC.30 : Revolving m/c’s (including grinding m/c)
display safe peripheral speed & diameter.
18

19. Important Sections & Rules
SEC.31 / RULE 56 : Pres Plant (> ATMOS PRES)
To be in safe condition / fitted with safety valve,
stop valve, pres gauge and drain cock. To be
examined. Result in Form-9.
Externally - 6 monthly
Internally 12 monthly
Hyd test-2/4 yrs (for continuous /non-cont opn)
19

20. Important Sections & Rules
RULE 56A : Gas Holder
Checking
Externally : 12 month
internal sheeting : 1st Yr then every 4 Yrs
(Form-9A & 9B)
20

21. Important Sections & Rules
SEC.32 : Floors, Stairs, Means of Access
No obstruction / slippery substance on floor.
Handrails where necessary and safe access to
work (anytime). Ensure safety at height by
fencing / otherwise.
SEC.33 : Pits, Sumps, Floor Openings
Securely covered / fenced if dangerous due to its
depth, situation, construction or content,.
21

22. Important Sections & Rules
Sec. 34 / R. 57 :
Lifting, Carrying or Moving of Load
Male Female
Adult 55 Kg 30 Kg
Adolescent 30 Kg 20 Kg
Male child 16 Kg 14 Kg
22

23. Important Sections & Rules
Sec.35 / Rule 58 : protection of eyes : Screens /
goggles for persons on / in the vicinity of
specific work (chipping, grinding, welding etc.).
R.49 : Examination of Eye-sight of certain
workers : 12 montlyh up to 45 years of age / 6
monthly thereafter for Crane., Loco, F/lift,
P/loader, dumper/other automobiles optr and
signaling persons. Record in Form-17A
23

24. Important Sections & Rules
Sec.36: precautions against dangerous fumes, gas
No person are allowed to rnter any chamber,
tank, pit, pipe, confined space etc.where gas,
fumes, vapour or dust etc are likely to present,
unless it is provided with manhole or other
effective means of egress.
Measures for removal of gases. Prevent ingress
of any gas. Certify no harmful gas / fume / dust /
vapour.
24

25. Sec.111: Obligation of Worker
No Worker Shall wilfully -
a) Interfere with / misuse any appliance,
convenience or other thing provided for their
Health, Safety & Welfare.
b) And without reasonable cause do any thing
likely to endanger himself or others and
c) Neglect to make use of any appliance or other
thing provided for their health, safety and
welfare 25

26. Sec. 111A : Right of Workers
i. To obtain information to health and safety
at work
ii. Get trained for health and Safety at work
iii. Represent to IOF regarding inadequate
provision for protection.
26

27. SEC.97 : Offence By Workers
1. Contravention to S. 111 or any rule or order
made thereunder is punishable with fine upto
Rs. 500/-
2. In such case, the occupier / manager shall not
be deemed guilty.
27

28. Sec.92 : Penalties & Procedures
Sec.92 : General penalty
On contravention of any Act / Rule / written
order, the occupier and the manager shall each be
guilty of an offence, punishable for 2 yrs
imprisonment or fine of 1 lakh rupees or both.
If contravention is continued after conviction,
further fine Rs. 1000/- per day.
28

29. Penalties & Procedures
Sec.93 : Liability of Owner
Where in any premises, separate buildings are
leased for use as separate factory, the owner of
the factory Shall be responsible for provision /
maint of common Facilities
S.94 : Enhanced Penalty
On repetitive contravention of the same
provision, Imprisonment may extend to 3 Yrs or
Fine Not < 10000/- but upto Rs.2 lakhs or with
both. 29

30. Penalties & procedures
SEC.95 : Obstructing Inspector
Whosoever willfully obstructs / fails to produce
on demand any register or document / conceals
or prevents any worker from being examined
shall be punishable with imprisonment upto 6
mth or fine upto 10000/- or both.
30

31. Penalties & procedures
S.96 : Wrongfully disclosing results of analysis
Whoever, except for legal purpose, discloses
results of analysis (sec.91) shall be punishable upto
6 mth imprisonment or upto 10000/- fine or both
31

32. Penalties & procedures
Sec 96A: Contravention of Sec. 41 B, 41C, 41H
Shall be punishable up to 7 yrs imprisonment
or 200000/- fine plus 5000/- per day of
continuation.
41 B: Compulsory disclosure of info by the
occupier : danger of hazardous process &
measures to overcome - to all workers, CIF,
local authority and general public
32

33. Penalties & procedures
41C :
 Specific responsibility of occupier in relation
to hazardous processes to maintain up-to-date
health records of workers exposed to chem /
other harmful subs.
 Appoint qualified / experienced persons
 Medical exam. before assignment & every
year while on job or has ceased to work in
such job. 33

34. Important sections & rules
Sec.41C/ Rule 63 J: Responsibility of occupier in
hazardous process
Medical examination
a) once before employment
B) 6 monthly thereafter
c) Record in Form-17
34

35. 1st Schedule
1. Integrated Iron & Steel
2. All foundries
3. Power generating indusries
4. Cement industries
5. Chem industries and industrial gases
6. Manufacture / repair of electrical
accumulators
7. Glass and ceramics
Hazardous Process : Sec.2 (CB)
35

36. Dangerous Operations : Sec.87 / Rule 94
 Grinding / glazing of metals
 Cleaning by jet of sand
 Mfg articles from ref materials
 Opn. Involving chemicals
 Compression of o 2 and h2
 Production involving benzene
 Opn involving high noise
 Glass manufacture
36

37. Caution
Refer to the factories act 1948 and West
Bengal Factories Rules 1958 for guidance
with respect to any specific act or rule.
In our slides, contents have been given in
brief and not exactly as per the book.
37

38. 38