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UNDERSTANDING on INDUSTRIAL LAWS
Day-1 (Factory’s Act & MFR)
-MR.PRATIK S. JADHAV
INTERACTIVE TRAINING SESSION
-
PRATIK JADHAV EHS 1
CONTENTS OF TRAINING PROGRAM- DAY 1
• About Law of Land.
• Evolution of Industrial Laws.
• Understanding about Act & Rules.
• About The Factory Act of India 1948.
• Core sections of Factory’ Act & MFR 1963.
• Q & A.
• Feedback.
Note: Kindly mute your system during the session Doubts will be discussed and answered during the end of session.
PRATIK JADHAV EHS 2
PRATIK JADHAV EHS
DO YOU REQUIRED A LAW?
3
Need of Law?
PRATIK JADHAV EHS
In the period King Hammurabi in Babylon (about 2200 BC)
there was a code for any accident at work-place that a
severe punishment imposed on the concerned supervisor.
If a supervisor was found guilty of negligence, he would
have to forfeit his limb matching with injured limb of
person.
For example, if victim lost his leg, supervisor’s leg would
be taken away.
4
Need of Law?
PRATIK JADHAV EHS
In April 2022, the Sri Lankan government announced that it was defaulting, making it the first sovereign default in Sri
Lankan history since its independence in 1948 and the first state in the Asia-Pacific region to enter sovereign default
in the 21st century.
5
Tragedic Industrial & Public accident
PRATIK JADHAV EHS 6
5 Injured & 5 dead on site
5 Injured & 5 dead on site Bridge collapse at Kolkata
EVOLUTION OF INDUSTRIAL LAWS
PRATIK JADHAV EHS 7
REvolution of Industries
PRATIK JADHAV EHS 8
Core Industrial Laws
PRATIK JADHAV EHS 9
Evolution of Factory's Act of India 1881
PRATIK JADHAV EHS
• The first Factories Act was adopted in 1881 during
Lord Ripon.
• A Factory Commission was appointed in 1885.
• The basic purpose of this Act was to reduce the factory
working hours and to improve the condition of workers
in a factory.
• It also prohibited the employment of children under the
age of seven.
10
Evolution of Factory's Act of India 1881
PRATIK JADHAV EHS 11
Knowledge Check
PRATIK JADHAV EHS
• Which section of Factory Act’s state about training to workers?
• Under which section can an employee be held for offence?
• Which section describe about conducting an Survey or Inspection at your Factory?
• What is Form number for reporting of diseases under Factory Act 1948?
• What is time of rest interval an employee may get in his working hours?
12
Act & Rules
PRATIK JADHAV EHS
Act Rule
Act tells you ‘what to do?’ Rule tells you ‘How to do!’
Act
|
Chapters
|
Section i.e Paragraph.
(Sections are numbered
and titled)
|
Sub-Section
|
Clause
Rule
|
Chapters
|
Rules
(Rules are numbered and
titled)
|
Sub-rules
13
The Factory's Act of India 1948
PRATIK JADHAV EHS
• On 23rd September 1948, An Act to consolidate and amend the law regulating labor in factories.
The main objective of the Act is to ensure adequate safety measures and promote health and
welfare of the workers employed in factories.
• It covers Constitutional provisions of Fundamental Rights and Directive Principles.
 Secure-
 SAFETY.
 HEALTH.
 WELFARE.
 Regulates-
 DUTIES OF OCCUPIER.
 WORKING HOURS.
 PENALTY PROVISION.
14
The Factory's Act of India 1948
PRATIK JADHAV EHS
Chapter Title Section
1 Preliminary 1-7
2 The Inspecting Staff 7A- 10
3 Health 11-20
4 Safety 21-22
4-A
Provisions Relating to Hazardous
Processes.
41A-41H
5 Welfare 42-50
6 Working Hours of Adults 51-66
7 Employment of Young persons 67-77
8 Annual leave with wages 78-84
9 Special Provisions 85-91A
10 Penalties and Procedure 92-106A
11 Supplemental 107-120
Schedule 1- List of Industries Involving Hazardous Processes
Schedule 2 -Permissible Levels of Certain Substances in Environment
Schedule 3 -List of Notifiable Diseases
15
MAHARASHTRA FACTORIES RULES 1963
PRATIK JADHAV EHS
Chap
ter
Title Rules No
1 Preliminary 1-15
2 The Inspecting Staff 16-18
3 Health 19-56
4 Safety 57-73J
4-A
Provisions Relating to Hazardous
Processes.
73K-73ZB
5 Welfare 74-91
6 Working Hours of Adults 92-102A
7 Employment of Young persons 103-104
8 Annual leave with wages 105-113
9 Special Provisions 114-126
FORMS (26 Forms)
16
PRATIK JADHAV EHS
WHAT IS FACTORY…
17
Understanding about Factory’s
PRATIK JADHAV EHS 18
The Factory's Act of India 1948
PRATIK JADHAV EHS
Factory-
• Any premises where- Ten 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 out
with the aid of power.
• Twenty 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 out without the
aid power.
But does not include
• a mine
• a mobile unit belonging to the armed forces
• a railway running shed or
• a hotel, restaurant or eating place;
19
The Factory's Act of India 1948
PRATIK JADHAV EHS
a) Adult – means a person who has completed his 18th year of age.
b) Adolescent-means a person who has completed his 15th year of age but has not completed
his 18th Year.
c) Child – means a person who has not completed his 15th year of age.
Competent person- means a person or an institution recognized as such by the Director of
Industrial Safety & Health (DISH) for the purpose of carrying out inspection/testing required to
be done under the provision of this Act.
Hazardous Process-Any process or activity carried out in a factory cause impairment to health
of the person engaged in or connected to such process, result in a the pollution of general
environment.
Worker – means a person employed directly or by/through any agency (including contractor) in
any manufacturing process or connected with the manufacturing process.
20
IDENTIFY
PRATIK JADHAV EHS
A B
C D
21
Chapter 1- PRELIMINARY
PRATIK JADHAV EHS
SECTIONS
1. Short title, extent and commencement.
2. Interpretation.
3. References to time of day.
4. Power to declare different departments to be separate factories or two or more factories to
be a single factory.
5. Power to exempt during public emergency.
6. Approval, licensing and registration of factories.
7. Notice by occupier
22
Chapter 1- PRELIMINARY
PRATIK JADHAV EHS
Consent to Establish-
This consent is to be obtained prior to establishing any industry or
process.
Consent to Operate-
Once the industry or process plant is established along the required
pollution control systems, the entrepreneur is required to
obtain consent to operate the unit.
23
Chapter 2- THE INSPECTING STAFF
PRATIK JADHAV EHS
7A. General duties of the occupier.
7B. General duties of manufacturers, etc., as regards articles and substances for use in
factories.
8. Inspectors.
9. Powers of Inspectors.
10. Certifying surgeons.
24
Chapter 2- THE INSPECTING STAFF
PRATIK JADHAV EHS
7A. General duties of the occupier.
(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and
welfare of all workers while they are at work in the factory.
(2) Provide the necessary arrangements and facility in the Factory for protecting the Health and
Safety of the workers.
(3) 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 organization and arrangements 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.
25
Chapter 2- THE INSPECTING STAFF
PRATIK JADHAV EHS
9. Powers of Inspectors-
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.
10. Certifying surgeons-
The State Government may appoint qualified medical practitioners to
be certifying surgeons for the purposes of this Act within such local limits or for such factory or
class or description of factories as it may assign to them respectively.
26
Chapter 3- HEALTH
PRATIK JADHAV EHS
11. Cleanliness.
12. Disposal of wastes and effluents.
13. Ventilation and temperature.
14. Dust and fume.
15. Artificial humidification.
16. Overcrowding.
17. Lighting.
18. Drinking water.
19. Latrines and urinals.
20. Spittoons.
27
Chapter 3- HEALTH
PRATIK JADHAV EHS
17. Lighting-
In every part of a factory where workers are working of passing there shall be
provided and maintained sufficient and suitable lighting, natural or artificial, or both.
18. Drinking water-
In every factory effective arrangements shall be made to provide and maintain at
suitable points conveniently situated for all workers employed therein a sufficient
supply of wholesome drinking water.
19. Latrines and urinals-
Sufficient latrine and urinal accommodation of prescribed types shall be provided
conveniently situated and accessible to workers at all times while they are at factory;
20. Spittoons-
In every factory there shall be provided a sufficient number of spittoons in
convenient places and they shall be maintained in a clean and hygienic condition.
28
Chapter 3- HEALTH
PRATIK JADHAV EHS
17. Lighting- (MFR 35)
29
Chapter 4- SAFETY
PRATIK JADHAV EHS
21. Fencing of machinery.
22. Work on or near machinery in motion.
23. Employment of young persons on dangerous
machines.
24. Striking gear and devices for cutting off power.
25. Self-acting machines.
26. Casing of new machinery.
27. Prohibition of employment of women and children
near cotton-openers.
28. Hoists and lifts.
29. Lifting machines, chains, ropes and lifting tackles.
30. Revolving machinery.
31. Pressure plant.
32. Floors, stairs and means of access.
33. Pits, sumps openings in floors, etc.
34. Excessive weights.
35. Protection of eyes.
36. Precautions against dangerous fumes, gases, etc.
36A. Precautions regarding the use of portable electric
light.
37. Explosive or inflammable dust, gas, etc.
38. Precautions in case of fire.
39. Power to require specifications of defective parts or
tests of stability.
40. Safety of buildings and machinery.
40A. Maintenance of buildings.
40B. Safety officers.
41. Power to make rules to supplement this Chapter.
30
Chapter 4- SAFETY
PRATIK JADHAV EHS
21. Fencing of machinery.
In every factory every moving part of a prime mover and every flywheel
connected to a prime mover, whether the prime mover or flywheel shall be securely fenced by
safeguards of substantial construction .
FENCING GUARDING
31
Chapter 4- SAFETY
PRATIK JADHAV EHS
28. Hoists and lifts. In every factory every hoist and lift shall be—
(i) of good mechanical construction, sound material and adequate strength;
(ii) properly maintained, and shall be thoroughly examined by a competent person
at least once in every period of six months, and a register shall be kept
containing the prescribed particulars of very such examination;
HOIST LIFT
32
Chapter 4- SAFETY
PRATIK JADHAV EHS
Case Study- Hoist and Lifts
33
Chapter 4- SAFETY
PRATIK JADHAV EHS
34. Excessive weights- Rule 66-MFR
(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him
injury.
(2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or
moved by adult men, adult women, adolescents and children employed in factories or in any class or description
of factories or in carrying or any specified process.
34
Knowledge Check
PRATIK JADHAV EHS
• Section number 21 describes about-
• Section number 28 describes about-
35
PRATIK JADHAV EHS
WHO ARE THIS PEOPLE?
36
Chapter 4- SAFETY
PRATIK JADHAV EHS
40B. Safety officers.
In every factory—
(i) wherein one thousand or more workers are ordinarily employed, or
(ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on,
which process, or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to
health, to the persons employed in the factory, the occupier shall, if so, required by the State Government by
notification in the Official Gazette, employ such number of Safety Officers as may be specified in that
notification.
37
Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS
PRATIK JADHAV EHS
41A. Constitution of Site Appraisal Committee.
41B. Compulsory disclosure of information by the occupier.
41C. Specific responsibility of the occupier in relation to hazardous processes.
41D. Power of Central Government to appoint Inquiry Committee.
41E. Emergency standards.
41F. Permissible limits of exposure of chemical and toxic substances.
41G. Workers’ participation in safety management.
41H. Right of workers to warn about imminent danger.
38
Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS
PRATIK JADHAV EHS
41B. Compulsory disclosure of information by the occupier-
(1) The occupier of every factory involving a hazardous process shall disclose in the manner
prescribed all information regarding dangers, including health hazards and the measures to
overcome such hazards arising from the exposure to or handling of the materials or
substances in the manufactures, transportation, storage and other processes, to the workers
employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the
factory is situate and the general public in the vicinity.
(2) The occupier shall, at the time of registering the factory involving a hazardous process, lay
down a detailed policy with respect to the health and safety of the workers employed therein
and intimate such policy to the Chief Inspector.
(3) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency
plan and detailed disaster control measures for his factory
39
Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS
PRATIK JADHAV EHS
41G. Workers’ participation in safety management.
The occupier shall, in every factory where a hazardous process takes place, or
where hazardous substances are used or handled, set up a Safety Committee consisting of
equal number of representatives of workers and management to promote co-operation
between the workers and the management in maintaining proper safety and health at work and
to review periodical the measures taken in that behalf.
MFR Rule 73-J. Safety Committee – In every factory-
(a) wherein 250 or more workers are ordinarily employed; or
(b) which carries on any process or operation declared to be dangerous under section
87 of the Act; and employs more than 50 workers; or
(c) which carries on 'hazardous process' as defined under section 2(cb) of the Act and
employs more than 50 workers, there shall be a Safety Committee.
40
PRATIK JADHAV EHS
SAFETY COMMITEE
41
Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS
PRATIK JADHAV EHS
MFR Rule 73-J. Safety Committee –
The representatives of the Management on Safety Committee shall include-
(a) A senior official, who by his position in the organization can contribute effectively to the
functioning of the Committee, shall be the Chairman;
(b) A Safety Officer and Factory Medical Officer, wherever available and the Safety Officer in
such a case shall be the Secretary of the Committee;
(c) A representative each from the production, maintenance and purchase departments.
(3) The workers' representatives on this Committee shall be elected by the workers.
(4) The tenure of the Committee shall be two years.
(5) Safety Committee shall meet as often as necessary but at least once in every quarter.
(6) The minutes of the meeting shall be recorded and produced to the Inspector on demand.
42
Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS
PRATIK JADHAV EHS
Functions and duties of the Safety Committee shall include-
(a) assisting and co-operating with the management in achieving the aims and objectives outlined
in
the 'Health and Safety Policy' of the occupier;
(b) dealing with all matters concerning health, safety and environment and to arrive at practicable
solutions to problems encountered;
(c) creating safety awareness amongst all workers;
(d) undertaking educational, training and promotional activities;
(e) deliberating on reports of safety, environmental and occupational health surveys, emergency
plans safety audits, risk assessment and implementation of the recommendations made in the
reports;
(f) carrying out health and safety surveys and identify causes of accidents;
(g) looking into any complaint made on the likelihood of an imminent danger to the safety and
health 43
Chapter 5- WELFARE
PRATIK JADHAV EHS
42. Washing facilities.
43. Facilities for storing and drying clothing.
44. Facilities for sitting.
45. First-aid appliances.
46. Canteens.
47. Shelters, rest rooms and lunchrooms.
48. Creches.
49. Welfare officers.
50. Power to make rules to supplement this Chapter
44
Chapter 5- WELFARE
PRATIK JADHAV EHS
45. First-aid appliances.
In every factory be provided and maintained so as to be readily accessible during all
working hours first-aid boxes or cupboards equipped with the prescribed contents, and
the number of such boxes or cupboards to be provided and maintained shall not be less
than one for every one hundred and fifty workers ordinarily employed in the factory.
MFR Rule 77. Notice regarding first-aid - A notice containing the names of the persons
working within the precincts of the factory who are trained in first-aid treatment and who
are in-charge of the first-aid boxes or cupboards shall be pasted in every factory at a
conspicuous place.
45
Chapter 5- WELFARE
PRATIK JADHAV EHS
46. Canteens.
The State Government may make rules requiring that in any specified factory wherein more than
two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided
and maintained by the occupier for the use of the workers.
• The manager of a factory shall submit for the approval of the Chief Inspector plans and site
plan,
in duplicate, of the building to be constructed or adapted for use as a canteen.
• The canteen building shall be situated not less than 15 metres from the latrine, urinal, boiler
house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes:
• The doors and windows of canteen building shall be of fly- proof construction and shall allow
adequate ventilation.
• The canteen shall be sufficiently lighted at all times when any person has access to it.
46
Chapter 5- WELFARE
PRATIK JADHAV EHS
48. Creches.
In every factory wherein more than thirty women workers are ordinarily employed there shall be
provided and maintained a suitable room or rooms for the use of children under the age of six
years of such women.
47
Chapter 5- WELFARE
PRATIK JADHAV EHS
49. Welfare officers.
1. In every factory wherein five hundred or more workers are ordinarily employed the occupier
shall employ in the factory such number of welfare officers as may be prescribed.
2. The State Government may prescribe the duties, qualifications and conditions of service of
officers employed under sub-section (1).
48
Chapter 6- WORKING HOURS OF ADULT
PRATIK JADHAV EHS
51. Weekly hours.
52. Weekly holidays.
53. Compensatory holidays.
54. Daily hours.
55. Intervals for rest.
56. Spread over.
57. Night shifts.
58. Prohibition of overlapping shifts.
59. Extra wages for overtime.
60. Restriction on double employment.
61. Notice of periods of work for adults.
62. Register of adult workers.
63. Hours of work to correspond with notice
under section 61 and register under section 62.
64. Power to make exempting rules.
65. Power to make exempting orders.
66. Further restrictions on employment of
women.
49
Chapter 6- WORKING HOURS OF ADULT
PRATIK JADHAV EHS
51. Weekly hours.—No adult worker shall be required or allowed to work in a factory for more
than forty-eight hours in any week.
54. Daily hours.—Subject to the provisions of section 51, not adult worker shall be required or
allowed to work in a factory for more than nine hours in any day:
55. Intervals for rest.—The periods of work of adult workers in a factory each day shall be so
fixed that no period shall exceed five hours and that no worker shall work for more than five
hours before he has had an interval for rest of at least half an hour.
50
Chapter 7- EMPLOYEMENT OF YOUNG PERSONS
PRATIK JADHAV EHS
67. Prohibition of employment of young children.
68. Non-adult workers to carry tokens.
69. Certificates of fitness.
70. Effect of certificate of fitness granted to adolescent.
71. Working hours for children.
72. Notice of periods of work for children.
73. Register of child workers.
74. Hours of work to correspond with notice under section 72 and register under section 73.
75. Power to require medical examination.
76. Power to make rules.
77. Certain other provisions of law not barred.
51
Chapter 7- EMPLOYEMENT OF YOUNG PERSONS
PRATIK JADHAV EHS
67. Prohibition of employment of young children.
No child who has not completed his fourteenth year shall be required or allowed to work in any
factory.
68. Non-adult workers to carry tokens-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.
52
Chapter 8- ANNUAL LEAVE WITH WAGES
PRATIK JADHAV EHS
78. Application of Chapter.
79. Annual leave with wages.
80. Wages during leave period.
81. Payment in advance in certain cases.
82. Mode of recovery of unpaid wages.
83. Power to make rules.
84. Power to exempt factories.
53
Chapter 8- ANNUAL LEAVE WITH WAGES
PRATIK JADHAV EHS
79. Annual leave with wages-
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 - if an adult, one day for every twenty days of work performed by him during
the previous calendar year;
80.Wages during leave period-
(1) For the leave allowed to him a worker shall be entitled to wages at a rate equal to the daily average
of his total full time earnings for the days on which he actually worked during the month
immediately preceding his leave,
81. Payment in advance in certain cases.—A worker who has been allowed leave for not less than four
days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid
the wages due for the period of the leave allowed. 54
Chapter 9- SPECIAL PROVISIONS
PRATIK JADHAV EHS
85. Power to apply the Act to certain premises.
86. Power to exempt public institutions.
87. Dangerous operations.
87A. Power to prohibit employment on account of serious hazard.
88. Notice of certain accidents.
88A. Notice of certain dangerous occurrences.
89. Notice of certain diseases.
90. Power to direct enquiry into cases of accident or disease.
91. Power to take samples.
91A. Safety and occupational health surveys.
55
Chapter 9- SPECIAL PROVISIONS
PRATIK JADHAV EHS
87. Dangerous operations-
Where the State Government is of opinion that any manufacturing process or operation carried
on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning
or disease, it may make rules applicable to any factory or class or description of factories.
88. Notice of certain accidents.—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 nature as may be prescribed in this behalf, the manager of the factory shall send
notice thereof to such authorities, and in such form and within such time,
56
Chapter 9- SPECIAL PROVISIONS
PRATIK JADHAV EHS
A
57
Chapter 9- SPECIAL PROVISIONS
PRATIK JADHAV EHS
89.Notice of certain diseases.—
(1) Where any worker in a factory contracts any disease specified in [the Third Schedule], the
manager of the factory shall send notice thereof to such authorities, and in such form and
within such time, as may be prescribed.
(2) If any medical practitioner attends on a person who is or has been employed in a factory,
and who is, or is believed by the medical practitioner to be, suffering from any disease
specified in [the Third Schedule], the medical practitioner shall without delay send a report in
writing to the office of the Chief Inspector .
58
Chapter 9- SPECIAL PROVISIONS
PRATIK JADHAV EHS
91. Power to take samples.
An Inspector may at any time during the normal working hours of a factory, after informing the
occupier or manager of the factory or other person for the time being purporting to be in
charge of the factory, take in the manner hereinafter provided a sufficient sample of any
substances used or intended to be used in the factory,
91A. Safety and occupational health surveys
The Chief Inspector may give notice in writing to the occupier or manager of the factory or any
other person who for the time being purports to be in charge of the factory, undertake safety
and occupational health surveys, and such occupier or manager or other person shall afford all
facilities for such survey, including facilities for the examination and testing of plant and
machinery and collection of samples and other data relevant to the survey.
59
Chapter 10- PENALTIES AND PROCEDURE
PRATIK JADHAV EHS
92. General penalty for offences.
93. Liability of owner of premises in certain
circumstances.
94. Enhanced penalty after previous conviction.
95. Penalty for obstructing Inspector.
96. Penalty for wrongfully disclosing results of
analysis under section 91.
96A. Penalty for contravention of the provisions
of sections 41B, 41C and 41H.
97. Offences by workers.
98. Penalty for using false certificate of fitness.
99. Penalty for permitting double employment
of child.
100. [Repealed.]
101. Exemption of occupier or manager from
liability in certain cases.
102. Power of Court to make orders.
103. Presumption as to employment.
104. Onus as to age.
60
Chapter 10- PENALTIES AND PROCEDURE
PRATIK JADHAV EHS
92. General penalty for offences.
In any factory there is any contravention of any of the provisions of this Act or of any
rules made thereunder or of any order in writing given thereunder, the occupier and manager
of the factory shall each be guilty of an offence and punishable with imprisonment for a term
which may extend to two years or with fine which may extend to one lakh rupees or with both,
and if the contravention is continued after conviction, with a further fine which may extend to
one thousand rupees for each day on which the contravention is so continued:
61
Chapter 10- PENALTIES AND PROCEDURE
PRATIK JADHAV EHS
94. Enhanced penalty after previous conviction.
If any person who has been convicted of any offence punishable under section 92 is again
guilty of an offence involving a contravention of the same provision, he shall be punishable on a
subsequent conviction with imprisonment for a term which may extend to three years or with fine
which shall not be less than ten thousand rupees, but which may extend to two lakh rupees or with
both.
97. Offences by workers.—(1) Subject to the provisions of section 111, if any worker employed in a
factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any
duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees.
(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or
manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention,
unless it is proved that he failed to take all reasonable measures for its prevention.
62
Chapter 11-SUPPLEMENTAL
PRATIK JADHAV EHS
107. Appeals.
108. Display of notices.
109. Service of notices.
110. Returns.
111. Obligations of workers.
111A. Right of workers, etc.
112. General power to make rules.
113. Powers of Centre to give directions.
114. No charge for facilities and conveniences.
115. Publication of rules.
116. Application of Act to Government
factories.
117. Protection to persons acting under this
Act.
118. Restrictions on disclosure of information.
118A. Restriction on disclosure of information.
119. Act to have effect notwithstanding
anything contained in Act 37 of 1970.
120. Repeal and savings.
63
Chapter 11-SUPPLEMENTAL
PRATIK JADHAV EHS
107. Appeals.
The manager of a factory on whom an order in writing by an Inspector has been served
under the provisions of this Act or the occupier of the factory may, within thirty days of the
service of the order, appeal against it to the prescribed authority, and such authority may,
subject to rules made in this behalf by the State Government, confirm, modify or reverse the
order.
64
Chapter 11-SUPPLEMENTAL
PRATIK JADHAV EHS
111A. Right of workers, etc-
Every worker shall have the right to—
(i) obtain from the occupier, information relating to workers' health and safety at work,
(ii) get trained within the factory wherever possible, or, to get himself sponsored by the
occupier for getting trained at a training center or institute, duly approved by the Chief
Inspector, where training is imparted for workers' health and safety at work,
(iii) 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.
65
SCHEDULE 1- LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESS
PRATIK JADHAV EHS 66
SCHEDULE 2- PERMISSIBLE LEVELS OF CERTAIN SUBSTANCES IN ENVIRONMENT
PRATIK JADHAV EHS 67
SCHEDULE 3- LIST OF NOTIFIBALE DISEASES
PRATIK JADHAV EHS 68
Knowledge Check
PRATIK JADHAV EHS
• Which section of Factory Act’s state about training to workers?
• Under which section can an employee be held for offence?
• Which section describe about conducting an Survey or Inspection at your Factory?
• What is Form number for reporting of diseases under Factory Act 1948?
• What is time of rest interval an employee may get in his working hours?
69
Knowledge Check
PRATIK JADHAV EHS
• Which section of Factory Act’s state about training to workers? 111 A
• Under which section can an employee be held for offence? 97 A
• Which section describe about conducting an Survey or Inspection at your Factory? 91 A
• What is Form number for reporting of diseases under Factory Act 1948? FORM 25
• What is time of rest interval an employee may get in his working hours? HALF HOUR after
every 5 hours of work.
70
Activity
PRATIK JADHAV EHS
• List out the section applicable at canteen facility as per Factory’s Act.
• What is procedure of examining Hoist as per Factory’s Act?
• For Registration of Factory which section has to be referred?
• Which rules refers about Health and Safety Policy as per MFR, 1963?
71
PRATIK JADHAV EHS
Q & A
72
PRATIK JADHAV EHS
THANK YOU
73

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Understanding Factory Laws and Regulations

  • 1. UNDERSTANDING on INDUSTRIAL LAWS Day-1 (Factory’s Act & MFR) -MR.PRATIK S. JADHAV INTERACTIVE TRAINING SESSION - PRATIK JADHAV EHS 1
  • 2. CONTENTS OF TRAINING PROGRAM- DAY 1 • About Law of Land. • Evolution of Industrial Laws. • Understanding about Act & Rules. • About The Factory Act of India 1948. • Core sections of Factory’ Act & MFR 1963. • Q & A. • Feedback. Note: Kindly mute your system during the session Doubts will be discussed and answered during the end of session. PRATIK JADHAV EHS 2
  • 3. PRATIK JADHAV EHS DO YOU REQUIRED A LAW? 3
  • 4. Need of Law? PRATIK JADHAV EHS In the period King Hammurabi in Babylon (about 2200 BC) there was a code for any accident at work-place that a severe punishment imposed on the concerned supervisor. If a supervisor was found guilty of negligence, he would have to forfeit his limb matching with injured limb of person. For example, if victim lost his leg, supervisor’s leg would be taken away. 4
  • 5. Need of Law? PRATIK JADHAV EHS In April 2022, the Sri Lankan government announced that it was defaulting, making it the first sovereign default in Sri Lankan history since its independence in 1948 and the first state in the Asia-Pacific region to enter sovereign default in the 21st century. 5
  • 6. Tragedic Industrial & Public accident PRATIK JADHAV EHS 6 5 Injured & 5 dead on site 5 Injured & 5 dead on site Bridge collapse at Kolkata
  • 7. EVOLUTION OF INDUSTRIAL LAWS PRATIK JADHAV EHS 7
  • 10. Evolution of Factory's Act of India 1881 PRATIK JADHAV EHS • The first Factories Act was adopted in 1881 during Lord Ripon. • A Factory Commission was appointed in 1885. • The basic purpose of this Act was to reduce the factory working hours and to improve the condition of workers in a factory. • It also prohibited the employment of children under the age of seven. 10
  • 11. Evolution of Factory's Act of India 1881 PRATIK JADHAV EHS 11
  • 12. Knowledge Check PRATIK JADHAV EHS • Which section of Factory Act’s state about training to workers? • Under which section can an employee be held for offence? • Which section describe about conducting an Survey or Inspection at your Factory? • What is Form number for reporting of diseases under Factory Act 1948? • What is time of rest interval an employee may get in his working hours? 12
  • 13. Act & Rules PRATIK JADHAV EHS Act Rule Act tells you ‘what to do?’ Rule tells you ‘How to do!’ Act | Chapters | Section i.e Paragraph. (Sections are numbered and titled) | Sub-Section | Clause Rule | Chapters | Rules (Rules are numbered and titled) | Sub-rules 13
  • 14. The Factory's Act of India 1948 PRATIK JADHAV EHS • On 23rd September 1948, An Act to consolidate and amend the law regulating labor in factories. The main objective of the Act is to ensure adequate safety measures and promote health and welfare of the workers employed in factories. • It covers Constitutional provisions of Fundamental Rights and Directive Principles.  Secure-  SAFETY.  HEALTH.  WELFARE.  Regulates-  DUTIES OF OCCUPIER.  WORKING HOURS.  PENALTY PROVISION. 14
  • 15. The Factory's Act of India 1948 PRATIK JADHAV EHS Chapter Title Section 1 Preliminary 1-7 2 The Inspecting Staff 7A- 10 3 Health 11-20 4 Safety 21-22 4-A Provisions Relating to Hazardous Processes. 41A-41H 5 Welfare 42-50 6 Working Hours of Adults 51-66 7 Employment of Young persons 67-77 8 Annual leave with wages 78-84 9 Special Provisions 85-91A 10 Penalties and Procedure 92-106A 11 Supplemental 107-120 Schedule 1- List of Industries Involving Hazardous Processes Schedule 2 -Permissible Levels of Certain Substances in Environment Schedule 3 -List of Notifiable Diseases 15
  • 16. MAHARASHTRA FACTORIES RULES 1963 PRATIK JADHAV EHS Chap ter Title Rules No 1 Preliminary 1-15 2 The Inspecting Staff 16-18 3 Health 19-56 4 Safety 57-73J 4-A Provisions Relating to Hazardous Processes. 73K-73ZB 5 Welfare 74-91 6 Working Hours of Adults 92-102A 7 Employment of Young persons 103-104 8 Annual leave with wages 105-113 9 Special Provisions 114-126 FORMS (26 Forms) 16
  • 17. PRATIK JADHAV EHS WHAT IS FACTORY… 17
  • 19. The Factory's Act of India 1948 PRATIK JADHAV EHS Factory- • Any premises where- Ten 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 out with the aid of power. • Twenty 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 out without the aid power. But does not include • a mine • a mobile unit belonging to the armed forces • a railway running shed or • a hotel, restaurant or eating place; 19
  • 20. The Factory's Act of India 1948 PRATIK JADHAV EHS a) Adult – means a person who has completed his 18th year of age. b) Adolescent-means a person who has completed his 15th year of age but has not completed his 18th Year. c) Child – means a person who has not completed his 15th year of age. Competent person- means a person or an institution recognized as such by the Director of Industrial Safety & Health (DISH) for the purpose of carrying out inspection/testing required to be done under the provision of this Act. Hazardous Process-Any process or activity carried out in a factory cause impairment to health of the person engaged in or connected to such process, result in a the pollution of general environment. Worker – means a person employed directly or by/through any agency (including contractor) in any manufacturing process or connected with the manufacturing process. 20
  • 22. Chapter 1- PRELIMINARY PRATIK JADHAV EHS SECTIONS 1. Short title, extent and commencement. 2. Interpretation. 3. References to time of day. 4. Power to declare different departments to be separate factories or two or more factories to be a single factory. 5. Power to exempt during public emergency. 6. Approval, licensing and registration of factories. 7. Notice by occupier 22
  • 23. Chapter 1- PRELIMINARY PRATIK JADHAV EHS Consent to Establish- This consent is to be obtained prior to establishing any industry or process. Consent to Operate- Once the industry or process plant is established along the required pollution control systems, the entrepreneur is required to obtain consent to operate the unit. 23
  • 24. Chapter 2- THE INSPECTING STAFF PRATIK JADHAV EHS 7A. General duties of the occupier. 7B. General duties of manufacturers, etc., as regards articles and substances for use in factories. 8. Inspectors. 9. Powers of Inspectors. 10. Certifying surgeons. 24
  • 25. Chapter 2- THE INSPECTING STAFF PRATIK JADHAV EHS 7A. General duties of the occupier. (1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. (2) Provide the necessary arrangements and facility in the Factory for protecting the Health and Safety of the workers. (3) 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 organization and arrangements 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. 25
  • 26. Chapter 2- THE INSPECTING STAFF PRATIK JADHAV EHS 9. Powers of Inspectors- 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. 10. Certifying surgeons- The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively. 26
  • 27. Chapter 3- HEALTH PRATIK JADHAV EHS 11. Cleanliness. 12. Disposal of wastes and effluents. 13. Ventilation and temperature. 14. Dust and fume. 15. Artificial humidification. 16. Overcrowding. 17. Lighting. 18. Drinking water. 19. Latrines and urinals. 20. Spittoons. 27
  • 28. Chapter 3- HEALTH PRATIK JADHAV EHS 17. Lighting- In every part of a factory where workers are working of passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. 18. Drinking water- In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water. 19. Latrines and urinals- Sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory; 20. Spittoons- In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. 28
  • 29. Chapter 3- HEALTH PRATIK JADHAV EHS 17. Lighting- (MFR 35) 29
  • 30. Chapter 4- SAFETY PRATIK JADHAV EHS 21. Fencing of machinery. 22. Work on or near machinery in motion. 23. Employment of young persons on dangerous machines. 24. Striking gear and devices for cutting off power. 25. Self-acting machines. 26. Casing of new machinery. 27. Prohibition of employment of women and children near cotton-openers. 28. Hoists and lifts. 29. Lifting machines, chains, ropes and lifting tackles. 30. Revolving machinery. 31. Pressure plant. 32. Floors, stairs and means of access. 33. Pits, sumps openings in floors, etc. 34. Excessive weights. 35. Protection of eyes. 36. Precautions against dangerous fumes, gases, etc. 36A. Precautions regarding the use of portable electric light. 37. Explosive or inflammable dust, gas, etc. 38. Precautions in case of fire. 39. Power to require specifications of defective parts or tests of stability. 40. Safety of buildings and machinery. 40A. Maintenance of buildings. 40B. Safety officers. 41. Power to make rules to supplement this Chapter. 30
  • 31. Chapter 4- SAFETY PRATIK JADHAV EHS 21. Fencing of machinery. In every factory every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel shall be securely fenced by safeguards of substantial construction . FENCING GUARDING 31
  • 32. Chapter 4- SAFETY PRATIK JADHAV EHS 28. Hoists and lifts. In every factory every hoist and lift shall be— (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of very such examination; HOIST LIFT 32
  • 33. Chapter 4- SAFETY PRATIK JADHAV EHS Case Study- Hoist and Lifts 33
  • 34. Chapter 4- SAFETY PRATIK JADHAV EHS 34. Excessive weights- Rule 66-MFR (1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. (2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying or any specified process. 34
  • 35. Knowledge Check PRATIK JADHAV EHS • Section number 21 describes about- • Section number 28 describes about- 35
  • 36. PRATIK JADHAV EHS WHO ARE THIS PEOPLE? 36
  • 37. Chapter 4- SAFETY PRATIK JADHAV EHS 40B. Safety officers. In every factory— (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process, or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so, required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification. 37
  • 38. Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS PRATIK JADHAV EHS 41A. Constitution of Site Appraisal Committee. 41B. Compulsory disclosure of information by the occupier. 41C. Specific responsibility of the occupier in relation to hazardous processes. 41D. Power of Central Government to appoint Inquiry Committee. 41E. Emergency standards. 41F. Permissible limits of exposure of chemical and toxic substances. 41G. Workers’ participation in safety management. 41H. Right of workers to warn about imminent danger. 38
  • 39. Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS PRATIK JADHAV EHS 41B. Compulsory disclosure of information by the occupier- (1) The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufactures, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity. (2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector. (3) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory 39
  • 40. Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS PRATIK JADHAV EHS 41G. Workers’ participation in safety management. The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodical the measures taken in that behalf. MFR Rule 73-J. Safety Committee – In every factory- (a) wherein 250 or more workers are ordinarily employed; or (b) which carries on any process or operation declared to be dangerous under section 87 of the Act; and employs more than 50 workers; or (c) which carries on 'hazardous process' as defined under section 2(cb) of the Act and employs more than 50 workers, there shall be a Safety Committee. 40
  • 42. Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS PRATIK JADHAV EHS MFR Rule 73-J. Safety Committee – The representatives of the Management on Safety Committee shall include- (a) A senior official, who by his position in the organization can contribute effectively to the functioning of the Committee, shall be the Chairman; (b) A Safety Officer and Factory Medical Officer, wherever available and the Safety Officer in such a case shall be the Secretary of the Committee; (c) A representative each from the production, maintenance and purchase departments. (3) The workers' representatives on this Committee shall be elected by the workers. (4) The tenure of the Committee shall be two years. (5) Safety Committee shall meet as often as necessary but at least once in every quarter. (6) The minutes of the meeting shall be recorded and produced to the Inspector on demand. 42
  • 43. Chapter 4A- PROVISION RELATED TO HAZARDOUS PROCESS PRATIK JADHAV EHS Functions and duties of the Safety Committee shall include- (a) assisting and co-operating with the management in achieving the aims and objectives outlined in the 'Health and Safety Policy' of the occupier; (b) dealing with all matters concerning health, safety and environment and to arrive at practicable solutions to problems encountered; (c) creating safety awareness amongst all workers; (d) undertaking educational, training and promotional activities; (e) deliberating on reports of safety, environmental and occupational health surveys, emergency plans safety audits, risk assessment and implementation of the recommendations made in the reports; (f) carrying out health and safety surveys and identify causes of accidents; (g) looking into any complaint made on the likelihood of an imminent danger to the safety and health 43
  • 44. Chapter 5- WELFARE PRATIK JADHAV EHS 42. Washing facilities. 43. Facilities for storing and drying clothing. 44. Facilities for sitting. 45. First-aid appliances. 46. Canteens. 47. Shelters, rest rooms and lunchrooms. 48. Creches. 49. Welfare officers. 50. Power to make rules to supplement this Chapter 44
  • 45. Chapter 5- WELFARE PRATIK JADHAV EHS 45. First-aid appliances. In every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed in the factory. MFR Rule 77. Notice regarding first-aid - A notice containing the names of the persons working within the precincts of the factory who are trained in first-aid treatment and who are in-charge of the first-aid boxes or cupboards shall be pasted in every factory at a conspicuous place. 45
  • 46. Chapter 5- WELFARE PRATIK JADHAV EHS 46. Canteens. The State Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. • The manager of a factory shall submit for the approval of the Chief Inspector plans and site plan, in duplicate, of the building to be constructed or adapted for use as a canteen. • The canteen building shall be situated not less than 15 metres from the latrine, urinal, boiler house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes: • The doors and windows of canteen building shall be of fly- proof construction and shall allow adequate ventilation. • The canteen shall be sufficiently lighted at all times when any person has access to it. 46
  • 47. Chapter 5- WELFARE PRATIK JADHAV EHS 48. Creches. In every factory wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. 47
  • 48. Chapter 5- WELFARE PRATIK JADHAV EHS 49. Welfare officers. 1. In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. 2. The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). 48
  • 49. Chapter 6- WORKING HOURS OF ADULT PRATIK JADHAV EHS 51. Weekly hours. 52. Weekly holidays. 53. Compensatory holidays. 54. Daily hours. 55. Intervals for rest. 56. Spread over. 57. Night shifts. 58. Prohibition of overlapping shifts. 59. Extra wages for overtime. 60. Restriction on double employment. 61. Notice of periods of work for adults. 62. Register of adult workers. 63. Hours of work to correspond with notice under section 61 and register under section 62. 64. Power to make exempting rules. 65. Power to make exempting orders. 66. Further restrictions on employment of women. 49
  • 50. Chapter 6- WORKING HOURS OF ADULT PRATIK JADHAV EHS 51. Weekly hours.—No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. 54. Daily hours.—Subject to the provisions of section 51, not adult worker shall be required or allowed to work in a factory for more than nine hours in any day: 55. Intervals for rest.—The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. 50
  • 51. Chapter 7- EMPLOYEMENT OF YOUNG PERSONS PRATIK JADHAV EHS 67. Prohibition of employment of young children. 68. Non-adult workers to carry tokens. 69. Certificates of fitness. 70. Effect of certificate of fitness granted to adolescent. 71. Working hours for children. 72. Notice of periods of work for children. 73. Register of child workers. 74. Hours of work to correspond with notice under section 72 and register under section 73. 75. Power to require medical examination. 76. Power to make rules. 77. Certain other provisions of law not barred. 51
  • 52. Chapter 7- EMPLOYEMENT OF YOUNG PERSONS PRATIK JADHAV EHS 67. Prohibition of employment of young children. No child who has not completed his fourteenth year shall be required or allowed to work in any factory. 68. Non-adult workers to carry tokens-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. 52
  • 53. Chapter 8- ANNUAL LEAVE WITH WAGES PRATIK JADHAV EHS 78. Application of Chapter. 79. Annual leave with wages. 80. Wages during leave period. 81. Payment in advance in certain cases. 82. Mode of recovery of unpaid wages. 83. Power to make rules. 84. Power to exempt factories. 53
  • 54. Chapter 8- ANNUAL LEAVE WITH WAGES PRATIK JADHAV EHS 79. Annual leave with wages- 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 - if an adult, one day for every twenty days of work performed by him during the previous calendar year; 80.Wages during leave period- (1) For the leave allowed to him a worker shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave, 81. Payment in advance in certain cases.—A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed. 54
  • 55. Chapter 9- SPECIAL PROVISIONS PRATIK JADHAV EHS 85. Power to apply the Act to certain premises. 86. Power to exempt public institutions. 87. Dangerous operations. 87A. Power to prohibit employment on account of serious hazard. 88. Notice of certain accidents. 88A. Notice of certain dangerous occurrences. 89. Notice of certain diseases. 90. Power to direct enquiry into cases of accident or disease. 91. Power to take samples. 91A. Safety and occupational health surveys. 55
  • 56. Chapter 9- SPECIAL PROVISIONS PRATIK JADHAV EHS 87. Dangerous operations- Where the State Government is of opinion that any manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories. 88. Notice of certain accidents.—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 nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, 56
  • 57. Chapter 9- SPECIAL PROVISIONS PRATIK JADHAV EHS A 57
  • 58. Chapter 9- SPECIAL PROVISIONS PRATIK JADHAV EHS 89.Notice of certain diseases.— (1) Where any worker in a factory contracts any disease specified in [the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. (2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in [the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector . 58
  • 59. Chapter 9- SPECIAL PROVISIONS PRATIK JADHAV EHS 91. Power to take samples. An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substances used or intended to be used in the factory, 91A. Safety and occupational health surveys The Chief Inspector may give notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. 59
  • 60. Chapter 10- PENALTIES AND PROCEDURE PRATIK JADHAV EHS 92. General penalty for offences. 93. Liability of owner of premises in certain circumstances. 94. Enhanced penalty after previous conviction. 95. Penalty for obstructing Inspector. 96. Penalty for wrongfully disclosing results of analysis under section 91. 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H. 97. Offences by workers. 98. Penalty for using false certificate of fitness. 99. Penalty for permitting double employment of child. 100. [Repealed.] 101. Exemption of occupier or manager from liability in certain cases. 102. Power of Court to make orders. 103. Presumption as to employment. 104. Onus as to age. 60
  • 61. Chapter 10- PENALTIES AND PROCEDURE PRATIK JADHAV EHS 92. General penalty for offences. In any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued: 61
  • 62. Chapter 10- PENALTIES AND PROCEDURE PRATIK JADHAV EHS 94. Enhanced penalty after previous conviction. If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine which shall not be less than ten thousand rupees, but which may extend to two lakh rupees or with both. 97. Offences by workers.—(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees. (2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention. 62
  • 63. Chapter 11-SUPPLEMENTAL PRATIK JADHAV EHS 107. Appeals. 108. Display of notices. 109. Service of notices. 110. Returns. 111. Obligations of workers. 111A. Right of workers, etc. 112. General power to make rules. 113. Powers of Centre to give directions. 114. No charge for facilities and conveniences. 115. Publication of rules. 116. Application of Act to Government factories. 117. Protection to persons acting under this Act. 118. Restrictions on disclosure of information. 118A. Restriction on disclosure of information. 119. Act to have effect notwithstanding anything contained in Act 37 of 1970. 120. Repeal and savings. 63
  • 64. Chapter 11-SUPPLEMENTAL PRATIK JADHAV EHS 107. Appeals. The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order. 64
  • 65. Chapter 11-SUPPLEMENTAL PRATIK JADHAV EHS 111A. Right of workers, etc- Every worker shall have the right to— (i) obtain from the occupier, information relating to workers' health and safety at work, (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training center or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work, (iii) 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. 65
  • 66. SCHEDULE 1- LIST OF INDUSTRIES INVOLVING HAZARDOUS PROCESS PRATIK JADHAV EHS 66
  • 67. SCHEDULE 2- PERMISSIBLE LEVELS OF CERTAIN SUBSTANCES IN ENVIRONMENT PRATIK JADHAV EHS 67
  • 68. SCHEDULE 3- LIST OF NOTIFIBALE DISEASES PRATIK JADHAV EHS 68
  • 69. Knowledge Check PRATIK JADHAV EHS • Which section of Factory Act’s state about training to workers? • Under which section can an employee be held for offence? • Which section describe about conducting an Survey or Inspection at your Factory? • What is Form number for reporting of diseases under Factory Act 1948? • What is time of rest interval an employee may get in his working hours? 69
  • 70. Knowledge Check PRATIK JADHAV EHS • Which section of Factory Act’s state about training to workers? 111 A • Under which section can an employee be held for offence? 97 A • Which section describe about conducting an Survey or Inspection at your Factory? 91 A • What is Form number for reporting of diseases under Factory Act 1948? FORM 25 • What is time of rest interval an employee may get in his working hours? HALF HOUR after every 5 hours of work. 70
  • 71. Activity PRATIK JADHAV EHS • List out the section applicable at canteen facility as per Factory’s Act. • What is procedure of examining Hoist as per Factory’s Act? • For Registration of Factory which section has to be referred? • Which rules refers about Health and Safety Policy as per MFR, 1963? 71