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FACTORIES ACT
Presented by,
Shakeeba Faheem pk
21ENVA16
INTRODUCTION
In great Britain, the second half of the 18th century, there was a rapid
growth of industrial towns & factories.
As it was started without planning, they employed the women as well
as their children in factories who needed to work for more than 12
hours a day.
Some of the employees took initiative to implement labour
legislations, Factories Act came into existence in 1819.
After some modifications, the final amended of Factories Act took
place in 1948.
FACTORIES ACT IN INDIA
◦ The establishment of cotton mills in Bombay in 1851 followed by the
establishment of jute mills in 1855 @ Rishra in Bengal marked the
beginning Factory System in India.The number of factories grew
steadily.
◦ During 1872-73, there were18 Textile Mills - Bombay; 5 Jute Mills -
Bengal.Conditions in these factories were very gloomy and awful.
◦ First Indian Factories Act, came into force during 1881Comprehensive
Act was enacted immediately after the independence under the
nomenclature "The Factories Act, 1948.
◦ This Act has seen many amendments after the independence.
◦ The act have 11 chapters and 120 sections.
OBJECTIVES
◦ To ensure adequate safety measures and to promote the health and
welfare of the workers employed in factories.
◦ To prevent haphazard growth of factories through the provisions
related to the approval of plans before the creation of a factory.
◦ To regulate the working condition in factories, regulate the working
hours, leave, holidays, overtime, employment of children, women and
young persons ext.
◦ It covers all the manufacturing process and establishments falling
under the definition of 'factory' as defines under the sec. 2(m).
◦ Unless otherwise provide it is also applicable to establishments of
central/state govt. (Sec. 116)
APPLICABILITY
DEFINITIONS
◦ Section 2 of the Act contains definitions of the terms used in the Act.
◦ "Adult" means a person who has completed his eighteenth year of age
[Section 2 (a)];
◦ "Adolescent" means a person who has completed his fifteen year of age
but has not completed his eighteenth year [Section 2 (b)];
◦ "Calendar year" means the period of twelve months beginning with the
first day of January in any year [Section 2 (d)];
◦ “Child" means a person who has not completed his fifteenth year of age
[Section 2 (c)];
◦ Young person" means a person who is either a child or an adolescent
[Section 2 (d)];
◦ "hazardous process" means any process or activity in relation to an
industry specified in the First Schedule where, unless special care is taken,
raw materials used therein or the intermediate or finished products,
byproducts, wastes or effluents thereof would-
◦ (i) cause material impairment to the health of the persons engaged in or
connected therewith, or
◦ (ii) result in the pollution of the general environment:
◦ “day" means a period of twenty-four hours beginning at midnight;
◦ "week"means a period a seven days beginning at midnight on Saturday
night or such other night as may be approved in writing for a particular
area by the Chief Inspector of Factories;
◦ "power" means electrical energy, or any other form of energy, which is
mechanically transmitted and is not generated, by human or animal agency
RESPONSIBILITIES OF OCCUPIER
◦ Shall Ensure, So Far As Is Reasonably Practicable, The Health, Safety And
Welfare Of All Workers While They Are At Work.
◦ The provision and maintenance of plant & systems of work
◦ The arrangements in factory for ensuring safety in connection to use,
handling, storage and transport of substances
◦ The provision of such information, instruction, training and supervision
as are necessary to ensure the health and safety.
◦ The maintenance of all places of work in a condition that is safe
◦ Prepare and revise a written statement of general policy as often as may
be appropriate.
INSPECTING STAFF AND POWERS
◦ THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE
PROVISIONS OF LAW IN FACTORIES.
◦ Act empowers State Government to appoint persons as Inspectors
◦ He has got the power to enter to any premises (with assistants experts) which he has got
reason to believe it as a factory.
◦ He can make examinations of the premises, plant and machinery.
◦ 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.
MAIN PROVISIONS UNDER FACTORIES ACT
◦ Health
◦ Safety
◦ Welfare
◦ Hazardous Processes
◦ Working Hours Of Adults
◦ Annual Leave With wages
HEALTH
Section11 Cleanliness
Section12 Disposal of effluent and wastes
Section13 Ventilation and temperature
Section14 Dust and fume
Section15 Artificial humidification
Section16 Overcrowding
Section17 Lighting
Section18 Drinking water
Section19 Latrines and urinals
Section20 Spittoons
SAFETY
( sec 21- 41)
◦ GENERAL SAFETY MANAGEMENT INCLUDES
◦ EQUIPMENT SAFETY,
◦ PERSONAL SAFETY
◦ MATERIAL SAFETY
◦ PROCESS SAFETY
◦ PERSONAL PROTECTIVE EQUIPMENT
◦ EXCESSIVE WEIGHTS
SAFETY OFFICER ( section 40 B)
◦ It empowers the state govt. for directing a occupier of factory to
employ such no. of safety officer as specified by it where more than
thousand workers were employed or where manufacturing process
involves risk of bodily injury, poising or disease or any other hazards to
health of the persons employed therein.
◦ Duty, Qualification and conditions of service may be prescribed by the
state govt.
WELFARE
Section 42 Washing facilities
Section 43 Facilities for storing drying clothes
Section 44 Facilities for sitting
Section 45 First aid appliances
Section 46 Canteen
Section 47 Shelter, rest rooms, lunch rooms
Section 48 Creches
Section 49 Welfare officer
Section 50 Power to make rules and supplements to this
chapter
WELFARE OFFICER
◦ Statutory appointment
◦ Mandatory incase of workers strength is more than 500
◦ Separate rules governing duties, qualification and conditions of
service is in force.
HAZARDOUS PROCESS
Section 41 A Constitution of site appraisal committees
41 B Compulsory disclosure of information by the
occupier
41C Specific responsibility of occupier related to
hazardous processes
41D Power of central govt to appoint inquiry
committee
41E Emergency standards
41 F Permissible limits of exposure of chemicals and
toxic substances
41 G Worker’s participation in safety management
41 H Right of workers to warn about imminent danger
WORKING HOURS OF ADULTS (51-63)
◦ Act regulates the working hours for adult workers employed in the factories
◦ Weekly hours / Daily hours;
◦ Weekly holidays
◦ Interval for rest
◦ Extra wages for overtime
◦ Spread over 10½ hours 12 hours
◦ Restriction of double employment
◦ Notice of periods of work - contrary is not allowed
◦ Power to make exempting orders
◦ Restriction on employment of women
ANNUAL LEAVE WITH WAGES
◦ 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 in Form no. 15
◦ Leave with wages register in Form no. 14
◦ Any discharge/ dismissal - benefit shall be settled immediately.
OFFENCES AND PENALTIES (92-106)
For contravention of the Provisions of the Act or Rules Imprisonment upto 2 years or fine upto Rs.1,00,000 or
both
On Continuation of contravention Rs. 1000 per day
On contravention of Chapter IV dpertaining to safety or
dangerous operations.
Not less than Rs.25000 in case of death.
Not less than Rs.5000 in case of serious injuries.
Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than
Rs.10,000 which may extend to Rs.2,00,000.
Obstructing inspectors Imprisonment upto 6 months or fine upto Rs.10,000 or
both.
Wrongful disclosing result pertaining to results of
analysis
Imprisonment upto 6 months or fine upto Rs.10,000 or
both.
For contravention of the provisions of Sec.41B, 41C and
41H pertaining to compulsory disclosure of information
by occupier, specific responsibility of occupier or right
of workers to work imminent danger
Imprisonment upto 7 years with fine upto Rs. 2,00,000
and on continuation fine of Rs 5,000 per day.
Imprisonment of 10 years when contravention
continues for one year.
THANK YOU

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factories act-EHIS.pptx

  • 2. INTRODUCTION In great Britain, the second half of the 18th century, there was a rapid growth of industrial towns & factories. As it was started without planning, they employed the women as well as their children in factories who needed to work for more than 12 hours a day. Some of the employees took initiative to implement labour legislations, Factories Act came into existence in 1819. After some modifications, the final amended of Factories Act took place in 1948.
  • 3. FACTORIES ACT IN INDIA ◦ The establishment of cotton mills in Bombay in 1851 followed by the establishment of jute mills in 1855 @ Rishra in Bengal marked the beginning Factory System in India.The number of factories grew steadily. ◦ During 1872-73, there were18 Textile Mills - Bombay; 5 Jute Mills - Bengal.Conditions in these factories were very gloomy and awful. ◦ First Indian Factories Act, came into force during 1881Comprehensive Act was enacted immediately after the independence under the nomenclature "The Factories Act, 1948. ◦ This Act has seen many amendments after the independence. ◦ The act have 11 chapters and 120 sections.
  • 4. OBJECTIVES ◦ To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. ◦ To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory. ◦ To regulate the working condition in factories, regulate the working hours, leave, holidays, overtime, employment of children, women and young persons ext.
  • 5. ◦ It covers all the manufacturing process and establishments falling under the definition of 'factory' as defines under the sec. 2(m). ◦ Unless otherwise provide it is also applicable to establishments of central/state govt. (Sec. 116) APPLICABILITY
  • 6. DEFINITIONS ◦ Section 2 of the Act contains definitions of the terms used in the Act. ◦ "Adult" means a person who has completed his eighteenth year of age [Section 2 (a)]; ◦ "Adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year [Section 2 (b)]; ◦ "Calendar year" means the period of twelve months beginning with the first day of January in any year [Section 2 (d)]; ◦ “Child" means a person who has not completed his fifteenth year of age [Section 2 (c)]; ◦ Young person" means a person who is either a child or an adolescent [Section 2 (d)];
  • 7. ◦ "hazardous process" means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, byproducts, wastes or effluents thereof would- ◦ (i) cause material impairment to the health of the persons engaged in or connected therewith, or ◦ (ii) result in the pollution of the general environment: ◦ “day" means a period of twenty-four hours beginning at midnight; ◦ "week"means a period a seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories; ◦ "power" means electrical energy, or any other form of energy, which is mechanically transmitted and is not generated, by human or animal agency
  • 8. RESPONSIBILITIES OF OCCUPIER ◦ Shall Ensure, So Far As Is Reasonably Practicable, The Health, Safety And Welfare Of All Workers While They Are At Work. ◦ The provision and maintenance of plant & systems of work ◦ The arrangements in factory for ensuring safety in connection to use, handling, storage and transport of substances ◦ The provision of such information, instruction, training and supervision as are necessary to ensure the health and safety. ◦ The maintenance of all places of work in a condition that is safe ◦ Prepare and revise a written statement of general policy as often as may be appropriate.
  • 9. INSPECTING STAFF AND POWERS ◦ THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES. ◦ Act empowers State Government to appoint persons as Inspectors ◦ He has got the power to enter to any premises (with assistants experts) which he has got reason to believe it as a factory. ◦ He can make examinations of the premises, plant and machinery. ◦ 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.
  • 10. MAIN PROVISIONS UNDER FACTORIES ACT ◦ Health ◦ Safety ◦ Welfare ◦ Hazardous Processes ◦ Working Hours Of Adults ◦ Annual Leave With wages
  • 11. HEALTH Section11 Cleanliness Section12 Disposal of effluent and wastes Section13 Ventilation and temperature Section14 Dust and fume Section15 Artificial humidification Section16 Overcrowding Section17 Lighting Section18 Drinking water Section19 Latrines and urinals Section20 Spittoons
  • 12. SAFETY ( sec 21- 41) ◦ GENERAL SAFETY MANAGEMENT INCLUDES ◦ EQUIPMENT SAFETY, ◦ PERSONAL SAFETY ◦ MATERIAL SAFETY ◦ PROCESS SAFETY ◦ PERSONAL PROTECTIVE EQUIPMENT ◦ EXCESSIVE WEIGHTS
  • 13. SAFETY OFFICER ( section 40 B) ◦ It empowers the state govt. for directing a occupier of factory to employ such no. of safety officer as specified by it where more than thousand workers were employed or where manufacturing process involves risk of bodily injury, poising or disease or any other hazards to health of the persons employed therein. ◦ Duty, Qualification and conditions of service may be prescribed by the state govt.
  • 14. WELFARE Section 42 Washing facilities Section 43 Facilities for storing drying clothes Section 44 Facilities for sitting Section 45 First aid appliances Section 46 Canteen Section 47 Shelter, rest rooms, lunch rooms Section 48 Creches Section 49 Welfare officer Section 50 Power to make rules and supplements to this chapter
  • 15. WELFARE OFFICER ◦ Statutory appointment ◦ Mandatory incase of workers strength is more than 500 ◦ Separate rules governing duties, qualification and conditions of service is in force.
  • 16. HAZARDOUS PROCESS Section 41 A Constitution of site appraisal committees 41 B Compulsory disclosure of information by the occupier 41C Specific responsibility of occupier related to hazardous processes 41D Power of central govt to appoint inquiry committee 41E Emergency standards 41 F Permissible limits of exposure of chemicals and toxic substances 41 G Worker’s participation in safety management 41 H Right of workers to warn about imminent danger
  • 17. WORKING HOURS OF ADULTS (51-63) ◦ Act regulates the working hours for adult workers employed in the factories ◦ Weekly hours / Daily hours; ◦ Weekly holidays ◦ Interval for rest ◦ Extra wages for overtime ◦ Spread over 10½ hours 12 hours ◦ Restriction of double employment ◦ Notice of periods of work - contrary is not allowed ◦ Power to make exempting orders ◦ Restriction on employment of women
  • 18. ANNUAL LEAVE WITH WAGES ◦ 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 in Form no. 15 ◦ Leave with wages register in Form no. 14 ◦ Any discharge/ dismissal - benefit shall be settled immediately.
  • 19. OFFENCES AND PENALTIES (92-106) For contravention of the Provisions of the Act or Rules Imprisonment upto 2 years or fine upto Rs.1,00,000 or both On Continuation of contravention Rs. 1000 per day On contravention of Chapter IV dpertaining to safety or dangerous operations. Not less than Rs.25000 in case of death. Not less than Rs.5000 in case of serious injuries. Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000. Obstructing inspectors Imprisonment upto 6 months or fine upto Rs.10,000 or both. Wrongful disclosing result pertaining to results of analysis Imprisonment upto 6 months or fine upto Rs.10,000 or both. For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger Imprisonment upto 7 years with fine upto Rs. 2,00,000 and on continuation fine of Rs 5,000 per day. Imprisonment of 10 years when contravention continues for one year.