Factory’s act 1948


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Factory’s act 1948

  1. 1. BYManisha Vaghela
  2. 2. INTRODUCTIONIn India the first Factories Act was passed in 1881. This Act wasbasically designed to protect children and to provide few measures forhealth and safety of the workers. This law was applicable to only thosefactories, which employed 100 or more workers. In 1891 anotherfactories Act was passed which extended to the factories employing 50or more workers. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 2
  3. 3. Definition of a Factory:-“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereof-i. Whereon ten or more workers are working, or were working on any day of the preceding twelve 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; orii. Whereon twenty or more workers are working, or were working on any day of the preceding twelve 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 Mines Act,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 3
  4. 4. The following have held to be a factory:-i. Salt worksii. A shed for ginning and pressing of cottoniii. A Bidi making shediv. A Railway Workshopv. Composing work for Letter Press Printingvi. Saw Millsvii. Place for preparation of foodstuff and other eatables vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 4
  5. 5. HIGHLIGHTS:• The Factories Act, 1948 came into force on the 1st day of April,1949and extends to the whole of India. It was, in fact, extended to Dadra &Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State ofJammu & Kashmir in 1970.• The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and1989.• In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed thatthe Act has been enacted primarily with the object of protecting workersemployed in factories against industrial and occupational hazards. Forthat purpose, it seeks to impose upon the owner or the occupier certainobligations to protect the workers and to secure for them employment inconditions conducive to their health and safety. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 5
  6. 6. Objective of factory act 1948.To ensure adequate safety measures and to promote the health andwelfare of the workers employed in factories. To prevent haphazard growth of factories through the provisionsrelated to the approval of plans before the creation of a factory.To regulate the working condition in factories, regulate the workinghours, leave, holidays, overtime, employment of children, women and young persons ext.The Factories Act provides for the health, safety, welfare, serviceconditions and other aspects of workers in factories. The Act isenforced by the State Government who frame rules that ensure thatlocal conditions are reflected in enforcement.The Act as amended in 1987 also regulates the safeguards to beadopted for the use and handling of hazardous substances. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 6
  7. 7. Regulates working condition in factories.Basic minimum requirements for ensuring safety, health and welfare ofworkers. Applicable to all workers.Applicable to all factories using power and employing 10 or moreworkers, and if not using power, employing 20 or more workers on anyday of the preceding 12 months.To improve health, welfare and safety of the workmen. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 7
  8. 8. Applicability of factory act 1948.At any place wherein manufacturing process is carriedon with or without the aid of power or is so ordinarilycarried on, not with standing that:· The number of persons employed therein is lessthan ten, if working with the aid of power and less thantwenty if working without the aid of power, or· The persons working therein are not employed bythe owner thereof but are working with the permissionof, or under agreement with, such owner.The Factories Act extends to whole of India and isapplicable to all factories including governmentfactories. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 8
  9. 9. It applies to all factories employing more than10 people and working with the aid of poweror employing 20 people and working withoutthe aid of power.Factory however does not include a minecovered under the mines Act, 1952, a mobileunit of the armed forces, a railway shed or ahotel, restaurant or eating place. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 9
  10. 10. Importance of factory act 1948No adult worker shall be required or allowed to work in a factory:-(i) for more than forty-eight hours in any week; and/ or (ii) for morethan nine hours in any day.Where a worker works in a factory for more than nine hours in anyday or for more than forty-eight hours in any week, he shall, inrespect of overtime work, be entitled to wages at the rate of twicehis ordinary rate of wages. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 10
  11. 11. The ordinary rate of wages means the basic wagesplus such allowances, including the cash equivalentof the advantage accruing through the concessionalsale to workers of food grains and other articles, asthe worker is for the time being entitled to, but doesnot include a bonus and wages for overtime work.Where a worker is deprived of any of the weeklyholidays, he shall be allowed, within the month inwhich the holidays were due to him or within the twomonths immediately following that month,compensatory holidays of equal number to theholidays so lost. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 11
  12. 12. The periods of work of adult workers in a factoryeach day shall be so fixed that no period shallexceed five hours and that no worker shall work formore than five hours before he has had an intervalfor rest of at least half an hour.Adequate provisions have been made forenforcement of the provisions of the act byappointing factory inspectors. Provisions are also made for appointment ofoccupier of factory and various obligations of theoccupier have been set out in the act. Additional provisions have been made for variousoffences and penalties for the offences. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 12
  13. 13. Detailed provisions are also made for the workinghours, holidays, leaves, leave with wages and overtimepayment, etc. separate provisions are made for employment of youngpersons, which include children and adolescents. Theemployment of children below 14 years of age was stopped. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 13
  14. 14. Employer to ensure health of workers pertaining to• Cleanliness Disposal of wastes and effluents - Sec 12• Ventilation and temperature dust and fume - Sec 13• Overcrowding Artificial humidification Lighting – Sec. 14• Drinking water Spittoons. - Sec. 18 vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 14
  15. 15. Safety Measures• Fencing of machinery – Sec. 21• Work on near machinery in motion. – Sec 22• Employment prohibition of young persons on dangerous machines. –Sec 23• • Striking gear and devices for25 Self-acting machines.- Sec cutting off power. – Sec 24 · Casing of new machinery.- Sec 26 · Prohibition of employment of women and children near cotton- openers.- Sec 27 · Hoists and lifts.- Sec 28. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 15
  16. 16. Welfare Measures• Washing facilities – Sec 42• Facilities for storing and drying clothing – Sec 43• Facilities for sitting – Sec 44• First-aid appliances – one first aid box not less than one for every 150 workers–Sec 45• Canteens when there are 250 or more workers. – Sec 46• Shelters, rest rooms and lunch rooms when there are 150 or more workers. –Sec 47• Creches when there are 30 or more women workers. – Sec 48• Welfare office when there are 500 or more workers. – Sec 49 vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 16
  17. 17. Working Hours, Spread Over & Overtime of Adults• Weekly hours not more than 48 - Sec: 51• Daily hours, not more than 9 hours. - Sec: 54• Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55• Spread over not more than 10½ hours. - Sec: 56• Overlapping shifts prohibited. - Sec: 58• Extra wages for overtime double than normal rate of wages - Sec:59• Restrictions on employment of women before 6AM and beyond 7 PM. -Sec: 60 vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 17
  18. 18. Annual Leave with Wages• A worker having worked for 240 days @ one day for every 20days and for a child one day for working of 15 days.• Accumulation of leave for 30 days. Sec. 79 vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 18
  19. 19. Sec.92 to 106OFFENCE PENALTIES For contravention of the Provisions Imprisonment upto 2 years or fineof the Act or Rules upto Rs.1,00,000 or both On Continuation of contravention Rs.1000 per day On contravention of Chapter IV Not less than Rs.25000 in case ofpertaining to safety or dangerous death.operations. Not less than Rs.5000 in case of Subsequent contravention of some serious injuries. upto 3 years or fine Imprisonmentprovisions 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 Imprisonment upto 6 months orpertaining to results of analysis. fine upto Rs.10, 000 or both. For contravention of the provisions Imprisonment upto 7 years withof Sec.41B, 41C and 41H pertaining to fine upto Rs.2, 00,000 and oncompulsory disclosure of information continuation fine @ Rs.5, 000 per day.by occupier, specific responsibility of Imprisonment of 10 years whenoccupier or right of workers to work contravention continues for one year.imminent danger. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA 19