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factories act 1948

  1. 1. Welcome to the Presentation on overview of Factories Act, 1948 presented by Dr.K.Sunthari 2nd Yr Dph ICM,MMC
  2. 2. HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948) > than 130Years Old Legislation : Last two decades of the 18th century, i.e., 1880, 1890, 1900Conditions : No control over the conditions of the employment of workmen employed in industries Employers used to bargain with the employees Child employment was predominant in factories Introduction of machines and new processes lead to accidents and deaths There was no stipulated timing of work
  3. 3. MAJOR AMENDMENTS WERE CAUSED DURING 1987Reasons : Bhopal Gas tragedy occurred in 1984 (Early hours of 3.12.1984) Revealed the weakness in the existing law and demanded the need to amend the law by incorporating special provisions to deal with chemical industries and for management of chemical accidents.Act was overhauled – 1987 (1.12.1987) Many provisions were introduced; Penal provisions were revamped
  4. 4. THE FACTORIESACT, 1948
  5. 5. INTRODUCTIONIn India the first Factories Act was passed in 1881.. Applicable to 100 workers In 1891 another factories Act was passed extended to the factories employing 50 or more workers
  6. 6. OBJECTIVESRegarded as one of the Noble and a Comprehensivelabor legislation which is in force in our country. Covers all the aspects relating to workersemployed in factories.Secures - Safety Health Regulates - Working HoursEnsures - Annual leaves with wagesProvides - Additional protection from hazardous processes Additional protection to women workmen prohibition of employment of children
  7. 7. THE FACTORIES ACT, 1948 CONT… The Factories Act, 1948 came into force on the 1st day of . April,1949 and extends to the whole of India It was, in fact, extended to Dadra & Nagar Haveli, Pondicherry in 1963, To Goa in 1965 KFR -1969 To the State of Jammu & Kashmir in 1970. The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.
  8. 8. FACTORIES ACT, 1948 Provisions envisaged are based on : ILO convention and recommendations120 provisions spread-over under 11 chapters- Constitutional Provisions , 3 schedules Fundamental Directive Rights Principles
  9. 9. CHAPTERS / SCHEDULE I.- Preliminary  VI.- Working hours of II.- The Inspecting Staff adults III.- Health  VII.- Employment of young IV.- Safety persons  VIII.- Annual leave with IVA.- Provisions relating to Hazardous processes wages  IX.- Special provisions V.- Welfare  X.- Penalties and procedure  XI.- Supplemental
  10. 10. APPLICABILITY Limited jurisdiction – applies to “Factories” Premises where 10 and more workers;  Manufacturing process, Power Premises where 20 and more workers;  Manufacturing process; No power Act empower state government to declare all or any of the provisions of the act to apply to any place with an objective to secure safety, health and welfare
  11. 11. Definition of a Factory:-“Factory”is defined in Section 2(m) of the Act. It means any premises including the precincts thereof- Where on 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; or 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 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
  12. 12. RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for implementation of the provisions envisaged in the Act. OCCUPIER means the person who has got the ultimate control over the affairs of the factory.After the SC judgment during 1996 MANAGER means a person responsible to the occupier for the working of the factory. He has to be nominated by the occupier.
  13. 13. FOCUSED AREAS  Dangerous operations Occupiers responsibility  Notifiable diseases Inspectors responsibility  Special provisions relating to Health hazardous processes Safety  Accidents and dangerous occurrences Welfare  Statutory notices, registers Working hours for adult workers  Right of workers Annual leave with wages  Obligation of workers Provisions – strength of workers  Penalties and procedures Provisions - Women employment Provisions - Child labor
  14. 14. OCCUPIERS RESPONSIBILITY Notice to chief inspector(15 days before )Approval of building plan and the machinery layout Application of registration and grant of license Renewal of factory license At a time renewal for 3 years Obliged to comply with the applicable provisions of the Act Most importantly he is required to ensure SHE management at the site without any compromise.
  15. 15. RESPONSIBILITIES OF THE MANAGERManager is a person appointed by the occupier for the purposeof the Act.He is a person responsible to the occupier for working of thefactory for the purpose of the Act.Specific duties :  To maintain all the statute registers  For submission of returns, accident reports, etc.  To submit notice regarding working on Sunday, over time works, etc.  Jointly responsible with the occupier in implementing the applicable provisions of the Act.
  16. 16. INSPECTING STAFF(CHAPT II) Act empowers state Government to appoint persons as inspectors who possess the prescribed qualifications along with local limits.(Chief inspectors, Additionalinspectors, joint inspectors,) Act has prescribed the duties and powers of the inspectors Deputy Magistrate of the District Government can notify persons as inspectors - Notification
  17. 17. DUTIES OF THE INSPECTOR He is required to visit the factories which is under the ambit of the law to check that the applicable provisions are implemented. He is required to send a status report in respect of major accident hazard units He is required to investigate the accidents
  18. 18. CHAP11-SEC9 POWERS OF INSPECTORS He has got the power to enter to any premises (with assistants or experts) which he has got reason to believe it as a factory He can make examinations of the premises, plant and machinery to secure SHE He can direct the occupier to left undisturbed any place till his enquiries are completed. He can seize any records, take copies which is required for the purpose of enforcement He can take measurements, photographs and make such recordings which are required for enforcement of Law He can call for production of any registers or documents pertaining to his duties from the occupier.
  19. 19. CHAP II SECTION10- CERTIFYING SURGEON DUTIES  The examination and certification of young persons under this act; (fitness )  The examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed;  The exercising of such medical supervisions  Cases of illness have occurred, whether it is due to the nature of the manufacturing process carried on, / any new manufacturing process.  Young persons are, or are about to be, employed in any work which is likely to cause injury to their health.
  20. 20. SECTION 40B. SAFETY OFFICERS( CHAPT IV) In every factory- wherein one thousand or more workers are ordinarily employed, or 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 person employed in the factory. The duties, qualifications and conditions of service of Safety Officers prescribed by the State Government.
  21. 21. PROVISIONS RELATING TO HAZARDOUS PROCESS(CHAPTER IVA) Constitution of site appraisal committee. Compulsory disclosure of information by the occupier. Specific responsibility of the occupier in relation to hazardous process. Power of central government to appoint inquiry committee. Emergency standards. Permissible limits of exposure of chemical and toxic substances. Workers participation in safety management. Right of workers to warn about imminent danger.
  22. 22. PROVISIONS RELATING TO HAZARDOUS PROCESSESSTATE GOVT(CONSTITUTION OF SITE APPRAISALCOMMITTEES )  The chief inspector of  The field of occupational the state - chairman; health (EXPERT)  A representative of the  Town planning dept CBPCAP  Scientist 5 members  A representative of the  A representative of the CBPCWP local authority  A representative of the  Not more than 3 other SBCP AP persons as deemed fit by  A representative of the the state government SBCP WP  Meteorological department  A representative of (GOI) theDOE)
  23. 23. CONSTITUTION OF SITE APPRAISAL COMMITTEE contd…. This has been set down to guide the Government to consider for initial location of industries involving hazardous process at a site. Composition is defined Modalities of dealing the issue is defined This committee consists of various authorities having expertise, the said committee is required to visualize pros and cons from establishing industries and is required give its opinion within 90 days from the date of receipt of the application
  24. 24. RIGHT OF THE WORKERS TO WARN ABOUT IMMINENT DANGERS SECTION 41H.- If the workers have reasonable apprehension that there is likelihood of imminent danger to their lives or health due to any accident, they may bring to the knowledge of the occupier and manager directly or through their representative of the safety committee. It is the duty of occupier and manager to initiate immediate necessary action. If it is disputed, the matter is required to be referred to the Inspector, whose decision is final in this matter. Any compromise on these provisions, the punishment underthe Act is very bitter and costly.
  25. 25. CHAPT IVSEC 41 G- SAFETY COMMITTEE Management has to set up a safety committee comprising of representatives of both management and workers tobridge cooperation Composition of the committee is prescribed and the tenure is also fixed. Functions are also defined:  Committee should deal with all matter of safety, health and environment and arrive at practicable solution to the problems  Undertake educational training and promotional activities  Discuss on reports of safety, environmental and occupational surveys, safety audits, risk assessments, disaster management plans and implement the recommendations made.
  26. 26. CHAP V -WELFARE First-aid-appliances Shall not be less than one for every one hundred and fifty workers Canteens More than 250 workersShelters, rest-rooms and lunch-rooms More than one hundred Crèches Where in more than 30 women workers Welfare Officers. 500 or more workers
  27. 27. SECTION 48. CRECHES(CHAPT V) In every factory wherein >30 women workers -1 Crèche for below 6 yrs Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. The State Government may make rules-  prescribing the location and the standards in respect of construction  requiring the provision in factories for care of children provision of facilities for washing and changing their clothing;  requiring the provision in any factory of free milk or refreshment or both for such children;  requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.
  28. 28. SECTION 49. WELFARE OFFICERS(CHAPT V) In every 500 or > workers - 1 welfare officers Workers >than 2000 -1 AWO The State Government may prescribe the duties, qualifications and conditions of service of officers Qualifications; M.labour/social work/ Duties of WO; To maintain harmonious relations b/w the factory management and workers/ Help to make labour policies Act as a liasion officer Advice on provision of welfare facilities /training
  29. 29. WORKING HOURS FOR ADULTS(CHAP VI) Weekly hours -48 hrs / daily hours;9hrs Weekly holidays- on first day of the week Interval for rest - half an hour for 5 hrs Extra wages for overtime Spread over – 10½ hours – 12 hours . Night shifts - holiday for a whole day Notice of periods of work – contrary is not allowed Compensatory holidays Within the month in which the holidays weredue to him or within the two months immediately followingthat month
  30. 30. – WOMEN WORKERS CHAP VI) SEC66 The conditions are  Written consent  Free transport up to their residence  9 hours of rest after completion of work to the fresh period of work in the following day  No overtime work Act bars employment of women workers from 10 pm to 5 am totally/overtime work Act bars employment of women to clean, lubricate any part of the equipment Act bars employment of women workers in hazardous processes
  31. 31. CHILD LABOUR-CHAPTVIIBars the employment of persons below the age of 14Act permits the employment of child and adolescent to workin factories subject to condition of obtaining certificate offitness from the certifying surgeon.Child – more than 14 and less 15;Adolescent – more than 15 and less than 18Working hour for child is four and half hours per dayDouble employment of child is prohibitedWorking hours for adolescent is as that of adult.Act bars employment of child and young persons ondangerous machines power press, hydraulic, presses, millingmachine, guillotine machine/dangerous manufacturingprocesses.
  32. 32. CHAP-VII-ANNUAL LEAVE WITH WAGES SEC79;One day for every twenty daysEligibility :  240 days in a calendar year – his/her service is from beginning of the calendar year;  2/3rd of the calendar year – his/her service begins in the middle of calendar year  Issue of leave books  Maintain registers  Any discharge / dismissal – benefit shall be settled immediately.
  33. 33. SEC88 ,88A - ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES Fatal Accidents Non fatal Requires reporting to the Inspector Investigated within one month To find out causes Any violations requires legal action Section 91. Power to take samples . Section 9lA. Safety and occupational health surveys
  34. 34. MAINTENANCE OF REGISTERS Muster roll Register of adult workers Register of leave with wages Inspection book Register of accident or dangerous occurrence Overtime exemption register Health register
  35. 35. - SECTION 89. NOTICE OF CERTAIN DISEASESMEDICAL PRACTITIONER REPORT TOCHIEF INSPECTOR Medical practitioner  a)the name and full postal attends on a person, who is address of the patient, suffering from any disease  (b) the disease from which he believes the patient to be specified in the Third suffering, Schedule without delay  (c) the name and address of the send a report in writing to the factory office of the Chief Inspector  If any medical practitioner fails stating. to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to 1000 rupees
  36. 36. PENALTY & PROCEDURE CHAP XSEC 92. GENERAL PENALTY FOR OFFENCES contraventions penalties  any contravention of the imprisonment for a term which provisions of this Act may extend to 2 years or with by occupier or manager of fine which may extend to 1 the factory lakh rupees or with both fine which may extend to  contravention is continued Rs.1000 for each day on which after conviction the contravention is so continued.
  37. 37. PENALTY & PROCEDURE CHAP X CONTD….. contraventions penalties contravention of any of fine shall not be less than the provisions resulted in rs.25000 an accident causing death .(chap 4,87) Rs. 5000 serious bodily injury
  38. 38. SECTION 94. ENHANCED PENALTY AFTERPREVIOUS CONVICTIONcontravention penalties contravention Of the same imprisonment - 3 years or with provision(92) fine, not < 10000 rupees but which may extend to 200000 rupees or with both contravention of any of the fine shall not be less than the provision resulted in 35000 rupees an accident causing death(chapiv,sec87) serious bodily injury 10000rupees
  39. 39. PENALTY & PROCEDURE CHAP X CONTD….. Section 95. Penalty for imprisonment 6 months or obstructing inspector with fine 10000 rupees or with both. 96. Penalty for imprisonment 6 months or wrongfully disclosing with fine 10000 rupees or results of analysis with both. under section 91
  40. 40. PENALTY & PROCEDURE CHAP X CONTD….. Section 96A. Penalty for imprisonment for 7 years and contravention of the with fine which may extend provisions of sections to 200000 rupees 41B, 41C and, 41H additional fine 5000 rupees for in case the failure or every day during which such contravention continues, failure or contravention continues. contravention continuesbeyond a period of 1 year after the date of conviction, imprisonment 10 years.
  41. 41. PENALTY & PROCEDURE CHAP X CONTD….. Sec 97. Offences by workers workers contravenes any provision of this Act 500 rupees imprisonment for 2 months or Sec 98. Penalty for using false certificate of fitness with fine to 1000 rupees or with both. 1000 RS fine sec99. Penalty for permitting double employment of child
  42. 42. SECTION 106 : LIMITATION OF PROSECUTION date of alleged offence  within three months came to knowledge of an Inspector: written order made by an  six months of the date of Inspector which the offence is alleged to have been committed
  43. 43. DISPLAY OF NOTICES CHAP X1 section 108;Notice of periods of work An abstract of the act and rules Cautionary notices Safety posters Name of the Inspector Name of the certifying surgeon RETURNS TO BE SUBMITTED CHAP X1 section 110Annual return Half yearly return Accident return
  44. 44. DANGEROUS MANUFACTURING PROCESSES Manufacture of aerated waters and processes Electrolytic plating or oxidation of metal articles by use of electrolyte Glass manufacture Grinding or glazing of metals Manufacture and treatment of lead Generating petrol gas from petrol Cleaning of smoothening, roughening of articles by a jet of sand, metal shot or grit or other abrasive propelled by blast of compressed air or steamAct stipulates the permissible levels of certain chemical substances at the work environment .
  45. 45. LIST OF NOTIFIABLE DISEASE 1 Lead poisoning  13.Poisoning by halogen or halogen 2 Lead tetra ethyl poisoning derivatives 3 Phosphorous poisoning  14Pathological manifestation –radiation xrays 4 Mercury poisoning  15 Primary epitheliomatous cancer 5 Manganese poisoning  16Toxic anemia 6 Arsenic poisoning  17Toxic jaundice due to poisonous 7 Poisoning by nitrous fumes substances 8 Carbon disulfide poisoning  18Oil acne or dermatitis due to mineral oil 9 Benzene poisoning  19Byssionosis 10Chrome ulceration  20Asbestosis 11Anthrax  21Occupational or contact dermatitis due 12Silicosis to chemical or paints
  46. 46. LIST OF NOTIFIABLE DISEASE contd….22 Noise induced hearing loss23 Beryllium poisoning24 Carbon monoxide poisoning25 Coal miners pneumoconiosis26 Phosgene poisoning27 Occupational cancer28 Isocyanides poisoning29 Toxic nephritis Any diagnosis reveals about the contractment of any of the disease shall be immediately intimated by the Factory Manager. The said contractment of disease may be enquired by appointing competent person by the state government.
  47. 47. CHAP IX- SEC 111 A RIGHT OF WORKERSEvery workers shall have the right to Obtain from the occupier, information relating to workershealth 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 the Chief Inspector of Factories, where training is imparted on safety, health and welfare. Represent to the Inspector directly or through his representative in the matter of inadequate provisions for protection of his health or safety in the factory.
  48. 48. CHAPT IX-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.• Shall willfully and without reasonable cause do any thing likely to endanger himself or others and• Shall 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.If any of the workers employed contravened any of the saidprovision, he shall be punishable with imprisonment for aterm, which may extend 3 monthst or fine one hundred rupees orboth.
  49. 49. THE FACTORIES (AMENDMENT) BILL, 2005.The principle act restricts the employment of women in factories in night shifts.The bill authorities state governments to remove the restrictionSubject to certain safeguards
  50. 50. THE FACTORIES (TN .AMENDMENT ACT1987)Insertion of new 7-AA:occupier of match /fireworks factory to insure workersInsure every worker not<50000If not cancellation of licence granted under this act
  51. 51. PROPOSED AMENDMENTS 2011 In pursuance of the orders of the prime ministers office, the Ministry of Labour &employment notified constitution of an Expert Committee to examine the amendments to the Factories Act, 1948, vide order dated December 30, 2010 The composition of the Committee was as under :- Chairperson Dr. Narendra Jadhav Member, Planning Commission Dr. Kaushik Basu Member Chief Economic Adviser, Ministry of Finance Shri Prabhat C. Chaturvedi Member Secretary, Ministry of Labour & Employment
  52. 52. PROPOSED AMENDMENTS-52 Horse power------------kilowatts power the words― The term ― hazardous process be redefined as a process in 11. which a hazardous substance is used Hazardous substances shall be substituted for the words ―chemical, toxic, or any other harmful substances Section 18. Drinking water Every factory, provision shall be made for cool and safe drinking water during hot weather Section 22: Work on or Near Machinery in Motion.— words ―pregnant woman or a person with disability‖ shall be substituted;‖
  53. 53. PROPOSED AMENDMENTS- cont…. Section 27: Prohibition of Employment of Women and Children near Cotton-openers - ―No young person or pregnant woman or a person with disability sec 41d prevention and recurrence the words ―prevention of recurrence‖ shall be substituted. sec41e Directorate General, Factory Advice Service and Labour Institutes, the words ―Directorate General Occupational Safety and Health shall be substituted sec 41 f threshold limit of exposure , the words ―limits of exposure of chemical shall be substituted. Section 106 : Limitation of prosecution three months the words ―one year shall be substituted
  54. 54. PROPOSED AMENDMENTS- CONT…. shelter-number of workers should be 75 or more instead of 50 or more proposed women work-The Expert Committee was of the view that the existing timing of 6 A.M to 7 P.M may be retained and the amendment proposed may be deleted Annual leave wage 1 day for every 20 days ―240 the words ―90 may be substituted
  55. 55. SECTION 92. GENERAL PENALTY FOR OFFENCES.-contraventions penalties any contravention of the imprisonment to 2 years or provisions of this Act by with fine which may extend occupier or manager of the to 3 lakh rupees or with both factory fine which may extend to contravention is continued 2000 rupees for each day on after conviction which the contravention is so continued.
  56. 56. CONTRAVENTION OF THE SAME PROVISION IFCONTINUED in case of contravention of imprisonment - 1 year or fine- sub-section (1) of section which shall not be less than 92A, ii) 40000 but which may extend to 500000 rupees or with both in case of contravention of imprisonment to 6 months or sub-section (2) of section with fine which may extend 92A, to 500rs or with both;
  57. 57. SECTION 94. ENHANCED PENALTY AFTERPREVIOUS CONVICTIONcontravention penalties contravention Of the same imprisonment 3 years or with provision fine, 10000---200000 rupees but which may from40000 to 600000 rupees or with both; , contravention of any of the the fine shall not be less than provision resulted in an 100000 rupees accident causing death serious bodily injury 100000rupees
  58. 58. PENALTY CONTD….. Section 95. Penalty for imprisonment 6 months or obstructing inspector with fine 30000 rupees or with both. 96. Penalty for wrongfully imprisonment 6 months or disclosing results of with fine 30000 rupees or analysis under section 91 with both. inspector Sec 98. Penalty for using rs.3000 or imprisonment for 2 false certificate of fitness months or with fine
  59. 59. PENALTY CONTD….. Section 99. Penalty for permitting double employment of child 3000 RS fine Section 97. Offences by workers workers contravenes any 1500 RS fine provision of this Act Section 96-A. Penalty for contravention of the provisions of Section 41-B, 41-C RS.2lakhs------6 Lakhs and 41-H 5000--------15000/day
  60. 60. PROPOSED CHANGES INSCHEDULEFORMS, REGISTERS, REPORTSFirst Schedule may be omitted. Simplifications of Forms, Registers, Reports and Returns to be submittedOld form no 31 merged & some deletedNew form ----8 in no
  61. 61. CAREFUL EXAMINATIONS OF THEPROVISIONS OF THE ACT REVEALS THATAct  mandates the requirement of high degree of safety and health awareness at the site  stipulates welfare measures in addition to regulation of working hours.  designed to protect the huge community who are exposed to high degree of risks and hazards  not only protect the persons inside the premises in particular but also the environment in general provides certain rights and highlights the obligations of the workers. The occupier and manager carry vicarious responsibilities
  62. 62. RATE OF ACHIEVEMENT  Though many legislation are in force  Not much is accomplished REASONS Scanty respect for the Law Misconception - Proposition involves in huge expenditure Lack of appreciation of the hazards Subject is very bland Misconception - accident is the act of God - Can not beprevented Laxity in behavioral change
  63. 63. IS IT REQUIRED? Protected Market Competitive To thrive, industry is required to produce • High quality of goods • Goods with less cost Many parameters influence this; Safe and healthy environment is also one amongst the parameters.
  64. 64. ACCIDENT SEQUENCE Injury/ AccidentAsk Fault Cause Damage  Unsafe Act  Unsafe Condition
  65. 65. HOW TO ACCOMPLISH? Top management should have very strong commitment to ensure safety and health at the workplace. Implementation of safety is not only a few persons’ job Everybody should think that individually and collectively It is not one time affair, it is continuous and constant Middle management should carry the mission and vision of the topmanagement to the grass root level.Continuous effort of providing IEC on safety and health needed strong behavioral attitude towards safety Everybody should required to observe and follow safety without any excuses.
  66. 66. RESULT - HAPPINESS EVERYWHERE To be in this beautiful world - One should work safely