for medicine legislative measures in India

1. Nur Amalina Bt Aminuddin
Baki
082012100067

2. Introduction
 Duty of employer?
 Worker > machine
 Worker cannot be
permitted to endanger his
life and limb while the
employer makes a
fortune.

3. Factory Law
 To govern the conditions in industry
 To safeguard the health and welfare of the worker.
 Examples of factory laws in India :
1) The Factories Act, 1948
2) The Employees’ State Insurance Act, 1948
3) Others:
 The Mines Act,
 The Plantation Act,
 The Minimum Wages Act,
 The Maternity Benefit Act

4. The Factories Act, 1948
 1881: First Indian Factories Act
 Revised and amended several times
 Factories (Amendment) Act, 1987
 Factories (Amendment) Bill, 2014

5. 1) SCOPE :
 Factory:
(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,
Or
(ii) 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,-
 Worker:
a person with or without the knowledge of the principal employer, whether for
remuneration or not, in any manufacturing process, or in cleaning any part of the
machinery or premises used for a manufacturing process, or in any other kind of
work incidental to, or connected with, the manufacturing process, or the subject of
the manufacturing process

6. 1) SCOPE :
 Factory:
(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,
Or
(ii) 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,-
 Worker:
a person with or without the knowledge of the principal employer, whether for
remuneration or not, in any manufacturing process, or in cleaning any part
of the machinery or premises used for a manufacturing process, or in any other
kind of work incidental to, or connected with, the manufacturing process, or the
subject of the manufacturing process

7. India except
Jammu and
Kashmir

8. 2) Health, Safety and Welfare
 Chapter III, IV, IVA & V
 HEALTH:
 Cleanliness,
 Treatment and disposal of
wastes,
 The elimination of dusts and
fumes,
 Control of temperature,
 Supply of cool drinking water
during summer

9.  SAFETY:
Casing of machineries,
Eyes protection,
Precautions against explosives,
Maximum weights to be lifted,
Safety Officers

10.  WELFARE:
 Washing facilities,
 Sitting facilities,
 First aid,
 Shelters,
 Rest rooms,
 Lunch room,
 Canteen,
 Creches,
 Welfare Officer

11. 3) Employment Of Young Persons
 Below 14 years?
 Adolescent employee
 Certified regarding fitness
 allowed to work only
between 6 A.M – 7 P.M
 Restriction on women and
child in certain occupations

12. 4) Hours Of Work
 Maximum 48 hours per week
 Not exceeding 9 hours per day
 Rest : ½ hour after 5 hours of continuous work.
 Adolescent: 4 and half hours
 Total > 60

13. 5) Leave With Wages
 Besides weekly holiday
 After 12 month’s continuous service :
 Adult : 1/20 days of work
 Children : 1/15 days of work
• Accumulated up to
 30 days in adults
 40 days in children.

14. 6) Occupational Diseases
 Obligatory to give information
regarding:
 specified accident which cause death,
 serious bodily injury
 occupational diseases.

15. 7) Employment In Hazardous Process
 Site Appraisal Committee
 Chief Inspector and other members,
 for examination of service conditions of employees

16. The Employees
State Insurance
Act,1948

17. ESI Act
 Passed in 1948,
amended in1975,
1984,1989, 2009, 2010
 For social security and
health insurance

18. 1) Scope
 Extends to whole of India
 Defines factory as:
 All power- using factories other than seasonal factories
wherein 10 or more persons were employed ( excluding
mines, railway and defence establishment)

19. 2) Administration
 Administration: ESI Corporation
 Chairman: Union Minister for Labour
 Vice- Chairman: Secretary to Ministry of Labour
 Members: members of Central and State
governments, employers and employees’
organization, medical profession and Parliament
 Standing Committee: executive body for
administrations
 Medical Benefit Council : relating to medical relief

20.  Head office in New Delhi
 23 regional office
 611 branch offices
 197 cash offices
 352 inspection offices

21. 3)
 Grants from Central and State Government
 Employer : 4.75 %
 Employee : 1.75%
 Exempted if daily wages below Rs.70
 Medical Care expenditure :
State government ( 1/8)
ESIC ( 7/8)

22. Reference
 K. Park , Textbook of Preventive and Social Medicine,
21st edition.
 http://pblabour.gov.in/pdf/acts_rules/factories_act_194
8.pdf
 http://www.esic.nic.in/Tender/ESIAct1948Amendedupt
o010610.pdf