SlideShare a Scribd company logo
LABOUR LEGISLATION
THE FACTORIES ACT
(1948)
Presented by: Dennees Varughees K
Roll.no: 32425
Faculty Incharge: Mr. Susairaj
LearningObjectives
 The definition of of factory ,
manufacturing process, worker and
occupier under the act
 The health, safety and welfare
provisions under the act
 The provisions of the Act regarding hours
of work, annual leave with wages ,
obligations of a worker,obligations of an
occupier and administration of the Act
SYNOPSIS
 Introduction
 Objective of the Act
 Definitions
 Factory Inspectorate
 Health
 Safety
 Additional Health and Safety Provisions
 Welfare
 Hours of work
SYNOPSIS
 Annual leave with wages
 Special coverage
 Exemption
 Abstracts and Notices
 Obligations of Worker
 Obligations of Employer
 Offenses and Penalties
 Administration
 Summary
Introduction
 The First Factories Act was passed in
1881. Its comprehensive version was
introduced in 1911. It was later amended
four times
 Following the recommendations of Rege-
Committee[ Formation of Labour
Investigation Committee], the
Government of India enacted the
Factories Act 1948, a comprehensive
piece legislation which came into force
from april 1949
Objective
The objective the Factories Act is to
ensures the health, safety, welfare,
proper working hours, leave and
other benefits for the workers
employed in the factories
Definitions
The term factory means:
[A] any premises in which 10 or
more workers are employed and a
manufacturing process is carried
with the aid of the power.
[B] any premises in which 20 or
more workers are employed and a
manufacturing process is carried
without the aid of power
Definition
The term ‘Manufacturing process’ refers to
any form of work like:
Making, altering, repairing,
ornamenting, finishing, packing, oiling,
washing, cleaning, breaking
up,demolishing or otherwise treating or
adapting any article or substance with a
view to its use, sale, transport, delivery
or disposal
Pumping oil, water, sewage or any other
substances
Generating, transforming or
transmitting power.
Definition
Composing types for printing, printing
by letter press, lithography,
photogravure or other similar process or
book binding
Constructing, reconstructing, repairing,
refitting, finishing or breaking up ships
or vessels
Preserving or storing any article in cold
storage.
Definition
The term ‘Worker’ means
A person employed directly or by or through
any agency including a contractor, with or
without the knowledge of principal employee,
whether for remuneration or not in any
manufacturing process or in cleaning any part
of the machinery or premises used for
manufacturing process, or connected with the
manufacturing process or the subject of the
manufacturing process but doesn’t include any
member of the armed forces of the union.
Definition
The term ‘Occupier’ means
 The person who has ultimate control
over the affairs of the factory
 The partner, in the case of a firm or any
association
 any director in case of a company
 A person appointed to manage the affairs
of a factory in case of factory owned or
controlled by central/ state government.
Factory
Inspectorate
It is necessary that approval from the
chief inspector of factories is obtained for
the plans of the factory. The occupier
has also to arrange to register the
factory with the chief inspector of
factories and obtain necessary license.
Factory Inspector has authority to enter
the Factory to examine premises, plant,
machinery as well as registers &
documents maintained under the act.
Health
It is necessary to provide appropriate
health measures like:
 To keep clean and free from Effluvia
(Bad Odours)
 To dispose off waste & effluents
 To maintain adequate ventilation &
reasonable temperature
 To prevent inhalation of dust & fumes
and their accumulation in any room
 To ensure proper standards of
humanity.
Health
 To avoid over crowding
 To provide sufficient and suitable
natural and artificial lighting
 To provide sufficient supply of
drinking water
 To provide sufficient latrine & urinal
accommodations separately for male
& female workers
 To provide more no.of.spittoons to
maintain clean & hygienic
environment.
Safety
It is necessary to undertake appropriate safety
measures like:
 To fence dangerous parts of machines
 To prohibit employment of women and children
near cotton openers
 To protect workers from repairing machinery in
motion
 To maintain hosts & lifts of good mechanical
construction of sound materials & adequate
strength
 To keep all floors, steps, stairs, passages &
gangway in good condition
Safety
To prohibit any person from carrying or
moving any load so heavy as to be likely to
cause him injury
To protect workers from injury to eyes from
particles of fragments thrown off in the
course of manufacturing process
To protect workers from dangerous fumes ,
inflammable dust, gas & such other
materials
To protect workers from fire , provide
precautionary measures .
Safety
 In case any part of building ways, plant &
machinery is observed to be in a condition of
disrepair & is detrimental To health &
safety of workers, the Chief Inspector of
Factories can ask the occupier to take
certain measures before a specified date
 The act requires factories employing 1000 or
more workers or carrying manufacturing
process that can cause hazard to health of
workers, to appoint such number of safety
officers as may be notified by the State
Government.
Additional
Health&Safety
Provisons
 Additional provisions were added through
amendments to ensure health and safety of
workers. Suppliers to factory were
required to consider health and safety
aspects while designing, manufacturing &
delivering materials.
 Special provisions were added for
compliance by Factories carrying hazardous
processes. Factories carrying hazardous
processes or handling hazardous
substances were required to set up a
“Safety Committee“ with equal
representation from workers &
management
Welfare
The act prescribes following welfare measures
 Separate & adequate washing facilities for
male & female workers
 Facilities for storing of clothes not worn
during working hours & drying of wet
clothing
 Facilities for sitting of workers obliged to
work normally in standing position
 Ambulance rooms in factories ordinarily
employing 500 or more workers
Welfare
First aid boxes or cupboards, one such
box for every 150 workers under a
separate responsible person
Canteens of prescribed standards, in
factories ordinarily employing more
than 250 workers , to be run on non
profit basis by canteen committ
A Creche is to be provided in a factory
wherein ordinarily more than 30
women workers are employed
Welfare
Suitable and adequate rest rooms/
shelters & lunch rooms (if canteen
is not provided) to be provided by
factories ordinarily employing 150
workers
In a factory wherein 500 or more
workers are ordinarily employed
the occupier shall employ such
number of welfare officers as may
be prescribed.
Hoursofwork
Rules for adult worker in a factory
A worker cannot be employed for more
than 48 hours in a week
Every worker must be given a holiday for
whole day in every week or a
compensatory holiday instead of week off
A worker cannot be employed for more
than 9 hours a day & should get an
interval of rest of at least half an hour
after maximum 5 hours of work.
Hoursofwork
Total period of work including rest period
cannot exceed 10 ½hours in a day
For overtime work above nine hours a day
or 48 hours a week , he shall be paid at
twice the normal rate of wages.
The state government can make rules
under certain conditions providing for
exemption but not beyond 10 hours of
work a day , 12 hours of spread over or 60
hours a week including overtime.
Hoursofwork
Rules for Women & Children worker in a
factory :
A women worker cannot be employed
except between the hours of six in the
morning and seven in the evening
Employment of children below 14 years
is totally prohibited
A child above 14 years but below 15
years can be employed for maximum
4½hours a day.
Hoursofwork
A child cannot be employed during the
night shift I.e. from 10pm to 6pm
Child worker must have a certificate of
fitness granted by a certifying surgeon.
A child above 15 years can be employed
as an adult if he has a certificate of
fitness to perform full day’s work.
A prescribed register is to be
maintained for child workers
Annualleave
withwages
 A worker shall be allowed each year to take
annual leave with wages at the rate of one
day for every 20 days (15 days in case of
child worker) of work preformed in the
previous year
 Leave can be accumulated for up to 30 days
in case of an adult and 40 days in case of a
child
 The leave admissible is exclusive of all
holidays and wages for the leave are to be
paid before leave begins. On termination of
service for any reason wages are to be paid
instead of annual leave.
Specialcoverage
&exemption
 The State Government by notification can
extend the coverage of the act & declare
that provisions of the act are applicable to
any place where manufacturing is carried
with or without power
 During emergency it can exempt any
factory from any or all provisions of the act
for a period not > three months at a time
and on conditions it thinks fit
 It can also exempt any workshop or a
manufacturing place attached to
educational or similar institution.
Abstract&
Notices
 A notice containing abstracts of the
act and rules in english and the local
language understood by a majority of
workers made there under are to be
displayed in every factory at a
convenient place.
 In case of accidents resulting in death
or absence of the worker for more
than 48 hours , a notice is to be sent
by the manager to appropriate
authorities.
Obligationsofa
worker
 A worker shall not interfere with any
appliance or articles provided for
securing health, safety & welfare of
the workers.
 He should not carry any act that
endangers himself or others & shall
not willfully neglect to make use of
safety appliances.
 Any worker contravening above
provisions is punishable with fine or
imprisonment or both.
 Obtain approval from the
Government regarding location, plan
and construction of factory and license
and registration certificate for
operations.
 Implement all provisions of the Act
concerning health, safety and welfare.
 Send a written notice with prescribed
data to Chief Inspector 15 days before
using any premises as a factory.
Obligationsofa
Employer
Display notices maintain registers
and records and submit returns
under the Act.
Report fatal accidents,
occupational diseases contracted by
any workman to the Government
or its specified authority in such a
form or manner as may be
prescribed.
Obligationsofa
Employer
Offencesand
Penalties
 If in any factory, there is a contravention of
the provisions of the Act or of any rule there
under, the occupier or manager may be
punished by fine of up to one lakh rupees or
imprisonment of up to two years or both.
Greater punishments are prescribed for
subsequent contraventions.
 Punishment is prescribed for obstructing
Inspector or not allowing worker to meet
Inspector or for refusing to produce records
demanded by Inspector.
 If any worker contravenes any provision of
the Act he may be punished with prescribed
fine.
Administration
 The Act is most comprehensive piece of
labour legislation.
 Though it is a central legislation its
implementation is left to state governments.
 They administer the Act through factory
Inspectors, certifying Surgeons and District
Magistrates who are Inspectors for their
districts.
 Even though rules of the State Governments
differ their intent is uniform and
implementation varies depending upon
number of factories and their respective
strength in each state.
Summary
 The Factories Act(1948), contains
many important provisions regarding
health, safety, welfare, employment of
young persons & women, hours of
work, for adults and children,
holidays and leave with wages.
 The responsibility for administration
of the Act rests with the State
Governments who administer it
through their own factory inspectors.
THANKYOU

More Related Content

What's hot

Disciplinary Action 122
Disciplinary Action 122Disciplinary Action 122
Disciplinary Action 122
MADAN PANDIA
 
Procedural due process
Procedural due processProcedural due process
Procedural due processRoi Xcel
 
Labour law
Labour lawLabour law
Labour law
Santhosh Mathew
 
Works committees
Works committeesWorks committees
Works committees
Sanjana Prakash
 
The factory act, 1948 by Dr. Lambodar Saha
The factory act, 1948 by Dr. Lambodar SahaThe factory act, 1948 by Dr. Lambodar Saha
The factory act, 1948 by Dr. Lambodar Saha
Lambodar Saha
 
Trade union act 1926
Trade union act 1926Trade union act 1926
Trade union act 1926
Rahul Tiwari
 
Employment Law
Employment LawEmployment Law
Employment Law
RaviPrashant5
 
Employees’ (Workmen’s) Compensation Act 1923
Employees’ (Workmen’s) Compensation Act 1923Employees’ (Workmen’s) Compensation Act 1923
Employees’ (Workmen’s) Compensation Act 1923
Jai Vishal
 
The apprentices act 1961
The apprentices act 1961The apprentices act 1961
The apprentices act 1961
Sushmita Belekar
 
Compliance list (contract labour)
Compliance list (contract labour)Compliance list (contract labour)
Compliance list (contract labour)
ACS Shalu Saraf
 
The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970
ACS Shalu Saraf
 
Unfair labour practices
Unfair labour practicesUnfair labour practices
Unfair labour practices
Ronak Karanpuria
 
Statutory Compliance for HR
Statutory Compliance for HRStatutory Compliance for HR
Statutory Compliance for HRshreyasawanto7
 
Understanding Employment Act & Industrial Relation Act in Malaysia
Understanding Employment Act & Industrial Relation Act in MalaysiaUnderstanding Employment Act & Industrial Relation Act in Malaysia
Understanding Employment Act & Industrial Relation Act in Malaysia
Ashraf Danish
 
The trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.uesThe trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.uesSunit Kapoor
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
bhushanahire123
 
Employee compensation act 1923
Employee compensation act 1923Employee compensation act 1923
Employee compensation act 1923
Abinash Pradhan
 
Industrial Disputes Act 1947
Industrial Disputes Act 1947Industrial Disputes Act 1947
Industrial Disputes Act 1947
Dr. Trilok Kumar Jain
 
The Occupational Safety, Health and Working Conditions Code, 2020 – Part V
The Occupational Safety, Health and Working Conditions Code, 2020 – Part VThe Occupational Safety, Health and Working Conditions Code, 2020 – Part V
The Occupational Safety, Health and Working Conditions Code, 2020 – Part V
DVSResearchFoundatio
 
Corporate compliance powerpoint
Corporate compliance powerpointCorporate compliance powerpoint
Corporate compliance powerpointsmcmanus3
 

What's hot (20)

Disciplinary Action 122
Disciplinary Action 122Disciplinary Action 122
Disciplinary Action 122
 
Procedural due process
Procedural due processProcedural due process
Procedural due process
 
Labour law
Labour lawLabour law
Labour law
 
Works committees
Works committeesWorks committees
Works committees
 
The factory act, 1948 by Dr. Lambodar Saha
The factory act, 1948 by Dr. Lambodar SahaThe factory act, 1948 by Dr. Lambodar Saha
The factory act, 1948 by Dr. Lambodar Saha
 
Trade union act 1926
Trade union act 1926Trade union act 1926
Trade union act 1926
 
Employment Law
Employment LawEmployment Law
Employment Law
 
Employees’ (Workmen’s) Compensation Act 1923
Employees’ (Workmen’s) Compensation Act 1923Employees’ (Workmen’s) Compensation Act 1923
Employees’ (Workmen’s) Compensation Act 1923
 
The apprentices act 1961
The apprentices act 1961The apprentices act 1961
The apprentices act 1961
 
Compliance list (contract labour)
Compliance list (contract labour)Compliance list (contract labour)
Compliance list (contract labour)
 
The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970
 
Unfair labour practices
Unfair labour practicesUnfair labour practices
Unfair labour practices
 
Statutory Compliance for HR
Statutory Compliance for HRStatutory Compliance for HR
Statutory Compliance for HR
 
Understanding Employment Act & Industrial Relation Act in Malaysia
Understanding Employment Act & Industrial Relation Act in MalaysiaUnderstanding Employment Act & Industrial Relation Act in Malaysia
Understanding Employment Act & Industrial Relation Act in Malaysia
 
The trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.uesThe trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.ues
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
 
Employee compensation act 1923
Employee compensation act 1923Employee compensation act 1923
Employee compensation act 1923
 
Industrial Disputes Act 1947
Industrial Disputes Act 1947Industrial Disputes Act 1947
Industrial Disputes Act 1947
 
The Occupational Safety, Health and Working Conditions Code, 2020 – Part V
The Occupational Safety, Health and Working Conditions Code, 2020 – Part VThe Occupational Safety, Health and Working Conditions Code, 2020 – Part V
The Occupational Safety, Health and Working Conditions Code, 2020 – Part V
 
Corporate compliance powerpoint
Corporate compliance powerpointCorporate compliance powerpoint
Corporate compliance powerpoint
 

Similar to The FACTORIES ACT 1948

Factories Act 1934
Factories Act 1934Factories Act 1934
Factories Act 1934
Irfan Tanwari
 
Lecture # 6 (19.02.2017) @ ibt health safety & occupation makeup class
Lecture # 6 (19.02.2017) @ ibt health safety & occupation makeup classLecture # 6 (19.02.2017) @ ibt health safety & occupation makeup class
Lecture # 6 (19.02.2017) @ ibt health safety & occupation makeup class
Dynamic Research Centre & institute
 
The factories act 1948 (1)
The factories act 1948 (1)The factories act 1948 (1)
The factories act 1948 (1)
PoorviSharma10
 
Lecture # 5 (15.02.2017) @ ibt factories act 1934
Lecture # 5 (15.02.2017) @ ibt factories act 1934Lecture # 5 (15.02.2017) @ ibt factories act 1934
Lecture # 5 (15.02.2017) @ ibt factories act 1934
Dynamic Research Centre & institute
 
working hours of workers
working hours of workersworking hours of workers
working hours of workers
Aafia Umar
 
Factory act 1948
Factory act    1948Factory act    1948
Factory act 1948
cvinitha
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
venkataramanan Thiru
 
SLIDES OF FACTORY ACT.pptx
SLIDES OF FACTORY ACT.pptxSLIDES OF FACTORY ACT.pptx
SLIDES OF FACTORY ACT.pptx
NimraMughal24
 
The factories act 1948
The factories act 1948 The factories act 1948
The factories act 1948
Manish Kaushik
 
PPT on Bangladesh Labor Setor & Oikko
PPT on Bangladesh Labor Setor & OikkoPPT on Bangladesh Labor Setor & Oikko
PPT on Bangladesh Labor Setor & OikkoJhuma Halder
 
Legislations related to occupational health
Legislations related to occupational healthLegislations related to occupational health
Legislations related to occupational health
Kunal Modak
 
factories act 1948 , human resource management
factories act 1948 , human resource managementfactories act 1948 , human resource management
factories act 1948 , human resource management
SWATI SAXENA
 
Factories act 1934
Factories act 1934Factories act 1934
Factories act 1934
Moazzam Habib
 
Factories%20 act%201948
Factories%20 act%201948Factories%20 act%201948
Factories%20 act%201948rekhaavil
 
Labour law -ppt_2013
Labour law -ppt_2013Labour law -ppt_2013
Labour law -ppt_2013
Sameer Sayyad
 
Factories Act 1948
Factories Act 1948 Factories Act 1948
Factories Act 1948
Himani Sabharwal
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
Mandeep Singh
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
Mandeep Singh
 
Factories act
Factories actFactories act
Factories act
KUMAR SUPRATIK Roy
 

Similar to The FACTORIES ACT 1948 (20)

Factories Act 1934
Factories Act 1934Factories Act 1934
Factories Act 1934
 
Lecture # 6 (19.02.2017) @ ibt health safety & occupation makeup class
Lecture # 6 (19.02.2017) @ ibt health safety & occupation makeup classLecture # 6 (19.02.2017) @ ibt health safety & occupation makeup class
Lecture # 6 (19.02.2017) @ ibt health safety & occupation makeup class
 
The factories act 1948 (1)
The factories act 1948 (1)The factories act 1948 (1)
The factories act 1948 (1)
 
Lecture # 5 (15.02.2017) @ ibt factories act 1934
Lecture # 5 (15.02.2017) @ ibt factories act 1934Lecture # 5 (15.02.2017) @ ibt factories act 1934
Lecture # 5 (15.02.2017) @ ibt factories act 1934
 
working hours of workers
working hours of workersworking hours of workers
working hours of workers
 
Factory act 1948
Factory act    1948Factory act    1948
Factory act 1948
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
 
SLIDES OF FACTORY ACT.pptx
SLIDES OF FACTORY ACT.pptxSLIDES OF FACTORY ACT.pptx
SLIDES OF FACTORY ACT.pptx
 
The factories act 1948
The factories act 1948 The factories act 1948
The factories act 1948
 
PPT on Bangladesh Labor Setor & Oikko
PPT on Bangladesh Labor Setor & OikkoPPT on Bangladesh Labor Setor & Oikko
PPT on Bangladesh Labor Setor & Oikko
 
Legislations related to occupational health
Legislations related to occupational healthLegislations related to occupational health
Legislations related to occupational health
 
factories act 1948 , human resource management
factories act 1948 , human resource managementfactories act 1948 , human resource management
factories act 1948 , human resource management
 
Factories act 1934
Factories act 1934Factories act 1934
Factories act 1934
 
Factories%20 act%201948
Factories%20 act%201948Factories%20 act%201948
Factories%20 act%201948
 
Labour law -ppt_2013
Labour law -ppt_2013Labour law -ppt_2013
Labour law -ppt_2013
 
Factories Act 1948
Factories Act 1948 Factories Act 1948
Factories Act 1948
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
 
Factories act 1948
Factories act 1948Factories act 1948
Factories act 1948
 
Fact act
Fact actFact act
Fact act
 
Factories act
Factories actFactories act
Factories act
 

Recently uploaded

Bharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptxBharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptx
ShivkumarIyer18
 
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdfXYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
bhavenpr
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
9ib5wiwt
 
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxNATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
anvithaav
 
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
9ib5wiwt
 
The Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot CitizenshipThe Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot Citizenship
BridgeWest.eu
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
BRELGOSIMAT
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
KHURRAMWALI
 
The Reserve Bank of India Act, 1934.pptx
The Reserve Bank of India Act, 1934.pptxThe Reserve Bank of India Act, 1934.pptx
The Reserve Bank of India Act, 1934.pptx
nehatalele22st
 
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselMilitary Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Thomas (Tom) Jasper
 
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdfDaftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
akbarrasyid3
 
Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)
Wendy Couture
 
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
9ib5wiwt
 
Secure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark TodaySecure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark Today
Trademark Quick
 
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdfDonald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
ssuser5750e1
 
How to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the NetherlandsHow to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the Netherlands
BridgeWest.eu
 
Roles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John CavittRoles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John Cavitt
johncavitthouston
 
Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...
Finlaw Consultancy Pvt Ltd
 
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal CourtAbdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Gabe Whitley
 
new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.
niputusriwidiasih
 

Recently uploaded (20)

Bharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptxBharatiya Nagarik Suraksha Sanhita power.pptx
Bharatiya Nagarik Suraksha Sanhita power.pptx
 
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdfXYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
 
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxNATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptx
 
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
 
The Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot CitizenshipThe Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot Citizenship
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
 
The Reserve Bank of India Act, 1934.pptx
The Reserve Bank of India Act, 1934.pptxThe Reserve Bank of India Act, 1934.pptx
The Reserve Bank of India Act, 1934.pptx
 
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselMilitary Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
 
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdfDaftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
Daftar Rumpun, Pohon, dan Cabang Ilmu (28 Mei 2024).pdf
 
Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)
 
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
 
Secure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark TodaySecure Your Brand: File a Trademark Today
Secure Your Brand: File a Trademark Today
 
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdfDonald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
 
How to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the NetherlandsHow to Obtain Permanent Residency in the Netherlands
How to Obtain Permanent Residency in the Netherlands
 
Roles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John CavittRoles of a Bankruptcy Lawyer John Cavitt
Roles of a Bankruptcy Lawyer John Cavitt
 
Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...
 
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal CourtAbdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal Court
 
new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.new victimology of indonesian law. Pptx.
new victimology of indonesian law. Pptx.
 

The FACTORIES ACT 1948

  • 1. LABOUR LEGISLATION THE FACTORIES ACT (1948) Presented by: Dennees Varughees K Roll.no: 32425 Faculty Incharge: Mr. Susairaj
  • 2. LearningObjectives  The definition of of factory , manufacturing process, worker and occupier under the act  The health, safety and welfare provisions under the act  The provisions of the Act regarding hours of work, annual leave with wages , obligations of a worker,obligations of an occupier and administration of the Act
  • 3. SYNOPSIS  Introduction  Objective of the Act  Definitions  Factory Inspectorate  Health  Safety  Additional Health and Safety Provisions  Welfare  Hours of work
  • 4. SYNOPSIS  Annual leave with wages  Special coverage  Exemption  Abstracts and Notices  Obligations of Worker  Obligations of Employer  Offenses and Penalties  Administration  Summary
  • 5. Introduction  The First Factories Act was passed in 1881. Its comprehensive version was introduced in 1911. It was later amended four times  Following the recommendations of Rege- Committee[ Formation of Labour Investigation Committee], the Government of India enacted the Factories Act 1948, a comprehensive piece legislation which came into force from april 1949
  • 6. Objective The objective the Factories Act is to ensures the health, safety, welfare, proper working hours, leave and other benefits for the workers employed in the factories
  • 7. Definitions The term factory means: [A] any premises in which 10 or more workers are employed and a manufacturing process is carried with the aid of the power. [B] any premises in which 20 or more workers are employed and a manufacturing process is carried without the aid of power
  • 8. Definition The term ‘Manufacturing process’ refers to any form of work like: Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up,demolishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal Pumping oil, water, sewage or any other substances Generating, transforming or transmitting power.
  • 9. Definition Composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels Preserving or storing any article in cold storage.
  • 10. Definition The term ‘Worker’ means A person employed directly or by or through any agency including a contractor, with or without the knowledge of principal employee, whether for remuneration or not in any manufacturing process or in cleaning any part of the machinery or premises used for manufacturing process, or connected with the manufacturing process or the subject of the manufacturing process but doesn’t include any member of the armed forces of the union.
  • 11. Definition The term ‘Occupier’ means  The person who has ultimate control over the affairs of the factory  The partner, in the case of a firm or any association  any director in case of a company  A person appointed to manage the affairs of a factory in case of factory owned or controlled by central/ state government.
  • 12. Factory Inspectorate It is necessary that approval from the chief inspector of factories is obtained for the plans of the factory. The occupier has also to arrange to register the factory with the chief inspector of factories and obtain necessary license. Factory Inspector has authority to enter the Factory to examine premises, plant, machinery as well as registers & documents maintained under the act.
  • 13. Health It is necessary to provide appropriate health measures like:  To keep clean and free from Effluvia (Bad Odours)  To dispose off waste & effluents  To maintain adequate ventilation & reasonable temperature  To prevent inhalation of dust & fumes and their accumulation in any room  To ensure proper standards of humanity.
  • 14. Health  To avoid over crowding  To provide sufficient and suitable natural and artificial lighting  To provide sufficient supply of drinking water  To provide sufficient latrine & urinal accommodations separately for male & female workers  To provide more no.of.spittoons to maintain clean & hygienic environment.
  • 15. Safety It is necessary to undertake appropriate safety measures like:  To fence dangerous parts of machines  To prohibit employment of women and children near cotton openers  To protect workers from repairing machinery in motion  To maintain hosts & lifts of good mechanical construction of sound materials & adequate strength  To keep all floors, steps, stairs, passages & gangway in good condition
  • 16. Safety To prohibit any person from carrying or moving any load so heavy as to be likely to cause him injury To protect workers from injury to eyes from particles of fragments thrown off in the course of manufacturing process To protect workers from dangerous fumes , inflammable dust, gas & such other materials To protect workers from fire , provide precautionary measures .
  • 17. Safety  In case any part of building ways, plant & machinery is observed to be in a condition of disrepair & is detrimental To health & safety of workers, the Chief Inspector of Factories can ask the occupier to take certain measures before a specified date  The act requires factories employing 1000 or more workers or carrying manufacturing process that can cause hazard to health of workers, to appoint such number of safety officers as may be notified by the State Government.
  • 18. Additional Health&Safety Provisons  Additional provisions were added through amendments to ensure health and safety of workers. Suppliers to factory were required to consider health and safety aspects while designing, manufacturing & delivering materials.  Special provisions were added for compliance by Factories carrying hazardous processes. Factories carrying hazardous processes or handling hazardous substances were required to set up a “Safety Committee“ with equal representation from workers & management
  • 19. Welfare The act prescribes following welfare measures  Separate & adequate washing facilities for male & female workers  Facilities for storing of clothes not worn during working hours & drying of wet clothing  Facilities for sitting of workers obliged to work normally in standing position  Ambulance rooms in factories ordinarily employing 500 or more workers
  • 20. Welfare First aid boxes or cupboards, one such box for every 150 workers under a separate responsible person Canteens of prescribed standards, in factories ordinarily employing more than 250 workers , to be run on non profit basis by canteen committ A Creche is to be provided in a factory wherein ordinarily more than 30 women workers are employed
  • 21. Welfare Suitable and adequate rest rooms/ shelters & lunch rooms (if canteen is not provided) to be provided by factories ordinarily employing 150 workers In a factory wherein 500 or more workers are ordinarily employed the occupier shall employ such number of welfare officers as may be prescribed.
  • 22. Hoursofwork Rules for adult worker in a factory A worker cannot be employed for more than 48 hours in a week Every worker must be given a holiday for whole day in every week or a compensatory holiday instead of week off A worker cannot be employed for more than 9 hours a day & should get an interval of rest of at least half an hour after maximum 5 hours of work.
  • 23. Hoursofwork Total period of work including rest period cannot exceed 10 ½hours in a day For overtime work above nine hours a day or 48 hours a week , he shall be paid at twice the normal rate of wages. The state government can make rules under certain conditions providing for exemption but not beyond 10 hours of work a day , 12 hours of spread over or 60 hours a week including overtime.
  • 24. Hoursofwork Rules for Women & Children worker in a factory : A women worker cannot be employed except between the hours of six in the morning and seven in the evening Employment of children below 14 years is totally prohibited A child above 14 years but below 15 years can be employed for maximum 4½hours a day.
  • 25. Hoursofwork A child cannot be employed during the night shift I.e. from 10pm to 6pm Child worker must have a certificate of fitness granted by a certifying surgeon. A child above 15 years can be employed as an adult if he has a certificate of fitness to perform full day’s work. A prescribed register is to be maintained for child workers
  • 26. Annualleave withwages  A worker shall be allowed each year to take annual leave with wages at the rate of one day for every 20 days (15 days in case of child worker) of work preformed in the previous year  Leave can be accumulated for up to 30 days in case of an adult and 40 days in case of a child  The leave admissible is exclusive of all holidays and wages for the leave are to be paid before leave begins. On termination of service for any reason wages are to be paid instead of annual leave.
  • 27. Specialcoverage &exemption  The State Government by notification can extend the coverage of the act & declare that provisions of the act are applicable to any place where manufacturing is carried with or without power  During emergency it can exempt any factory from any or all provisions of the act for a period not > three months at a time and on conditions it thinks fit  It can also exempt any workshop or a manufacturing place attached to educational or similar institution.
  • 28. Abstract& Notices  A notice containing abstracts of the act and rules in english and the local language understood by a majority of workers made there under are to be displayed in every factory at a convenient place.  In case of accidents resulting in death or absence of the worker for more than 48 hours , a notice is to be sent by the manager to appropriate authorities.
  • 29. Obligationsofa worker  A worker shall not interfere with any appliance or articles provided for securing health, safety & welfare of the workers.  He should not carry any act that endangers himself or others & shall not willfully neglect to make use of safety appliances.  Any worker contravening above provisions is punishable with fine or imprisonment or both.
  • 30.  Obtain approval from the Government regarding location, plan and construction of factory and license and registration certificate for operations.  Implement all provisions of the Act concerning health, safety and welfare.  Send a written notice with prescribed data to Chief Inspector 15 days before using any premises as a factory. Obligationsofa Employer
  • 31. Display notices maintain registers and records and submit returns under the Act. Report fatal accidents, occupational diseases contracted by any workman to the Government or its specified authority in such a form or manner as may be prescribed. Obligationsofa Employer
  • 32. Offencesand Penalties  If in any factory, there is a contravention of the provisions of the Act or of any rule there under, the occupier or manager may be punished by fine of up to one lakh rupees or imprisonment of up to two years or both. Greater punishments are prescribed for subsequent contraventions.  Punishment is prescribed for obstructing Inspector or not allowing worker to meet Inspector or for refusing to produce records demanded by Inspector.  If any worker contravenes any provision of the Act he may be punished with prescribed fine.
  • 33. Administration  The Act is most comprehensive piece of labour legislation.  Though it is a central legislation its implementation is left to state governments.  They administer the Act through factory Inspectors, certifying Surgeons and District Magistrates who are Inspectors for their districts.  Even though rules of the State Governments differ their intent is uniform and implementation varies depending upon number of factories and their respective strength in each state.
  • 34. Summary  The Factories Act(1948), contains many important provisions regarding health, safety, welfare, employment of young persons & women, hours of work, for adults and children, holidays and leave with wages.  The responsibility for administration of the Act rests with the State Governments who administer it through their own factory inspectors.