1. SES' R. C. PATEL INSTITUTE OF PHARMACY, SHIRPUR 1
FACTORY ACT AND RULES
Department of Pharmaceutical Quality Assurance,
R. C. Patel Institute of Pharmacy, Shirpur.
22-02-2024
Date of Seminar : 24/02/2024
Guided By :-
Ms. Preeti Bobade
(Assistant Professor)
Department:
Quality Assurance
Presented By :-
Mr. Yash Jaiswal
Roll no. MQA-107
1st year M. pharm (QA)
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Introduction
History
Definition of Factory act 1948
Objective
Importance
Key Provision Of Factory Act 1948
Penalties and offences
References
1.
2.
3.
4.
5.
6.
7.
8.
Table of Content
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The Factory Act 1948 is a significant piece of legislation in India aimed to regulate worker conditions
in factories.
It sets out various provisions regarding the working hours, safety, and welfare of workers employed in
factories.
This act is based on the provisions which are provided under factory act of great Britain passed in the
year 1937 by the constituent assembly in 1948 on 28th Aug.
This act come in force on 1st April 1949 which mainly focused to provide safeguard to health, safety
and welfare of the worker in the factories and also look after factory labours.
The Act aims to prevent the exploitation of workers and ensure their well-being. Additionally, the Act
provide guidelines for the employment of women and children in factories.
Introduction
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Employers used to bargain with employees
1.No proper wage system was there before the act was passed
1.Child employment predominance
1.No stipulated time of work
1.Introduction of new machines and processes
Reduce the fatality rate of the workers
The Factory act was passed for conditions
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The Bhopal Gas Tragedy in 1984 has made
the people aware of the pollution and
hazards of factories and therefore
necessitated the government to take timely
steps facilitating amendments in the act.
Bhopal Gas Tragedy
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The
Act contain
1st schedule
11 Chapter
1) Preliminary
2) The inspecting staff
3) Health
4) Safety
5) Welfare
6) Working hours of adults
7) Employment of young person
8) Annual leave with wages
9) Special provisions
10)Penalties and procedures
11)Supplemental
2nd schedule
3rd schedule
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1st Amendment
The act is implemented in 1881
In this amendment focus on
prohibition of the employment of
children under 7yrs of age
This act is applicable for those
factories which have 100 plus worker
2nd Amendment
The act is implemented in 1891
This act is applicable for the cover the
loop holes of the 1st amendment
History of Factory Act 1948
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3rd Amendment
The act is implemented in 1911.
In the 2nd amendment(1891) the
safety provision doesn’t focus it apply
to this amendment.
This act contain the safety of the
worker.
4th Amendment
The act implemented in 1934 after royal
commission is setup.
The royal commission review the 3rd amendment
act and they need more recommendation i.e. Labor
working condition and sustainable development.
The act force in 1935.
This act included inspection and observation of the
factories which have employees more than 20.
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1. Factory: Factory is building where people use machine and physical labour to produce goods called
as factory.
2. Manufacturing Process: Manufacturing process means any process for –making, altering, repairing,
ornamenting, breaking up or otherwise treating or adapting any article or substance with a view to its
use, sale, transport, deliver or disposal.
3. Day: Day means a period of 24 hours beginning at midnight.
4. week: Week means a period of 7 days beginning at midnight on Saturday night.
5. Calendar year: Calendar year means the period of 12 months beginning with the first day of
January in any year.
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Definitions In Factory Act
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To prevent human beings from working long hours with bodily strain
or manual labour's.
To provide the employees to work in healthy and hygienic
conditions.
To Safeguard the workers from hazardous work and the
prevention of accidents.
To protect women and children In the course of employment.
To ensure annual leaves with wages.
Objective
1
2
3
4
5
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Economic development.
Duty of the state.
Good health condition and safety of the employers.
The main aim to safeguard the interest of worker.
Prevention in hazardous works and also provide healthy working
environment.
Prevention from exploitation.
Importance
1
2
3
4
5
6
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Working hours: It regulates the number of hours that adult workers
can be required to work in a factory and mandates overtime pay for
work beyond the prescribed hours.
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Key
Provision
Of Factory
Act 1948
Health
Safety
Working
hours of
adults
Annual
leave
with
wages
Welfare
Health and safety measures: The Act requires factories to maintain certain standards
of cleanliness, ventilation, and sanitation. It also mandates the provision of safety
equipment and precautions to prevent accidents and occupational hazards.
Welfare provision:The Act mandates the provision of facilities
such as canteens, restrooms, and first aid facilities for workers in
factories.
Annual leave with wages: It stipulates the entitlement of
workers to annual leave with wages and provides guidelines for
the calculation of wages during leave periods.
Key Provision of Factory act 1948
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Contraventions Penalties
Any contravention of act by occupier
or manager.
Imprisonment up to 2 years or fine of
1 lakh rupees or both.
Contravention of any sec that may
result in an accident causing death.
Fine shall be NLT 25,000 Rs.
Serious injury. 5,000 Rs. fine
General penalty for offences (Sec. 92)
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Penalties and Offences
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Contraventions Penalties
Contravention of same provision
(Sec. 92).
Imprisonment up to 3 years or fine
up to 2 lakh rupees or both.
Contravention of any sec that may
result in an accident causing death.
Fine shall be NLT 35,000.
Serious Injury. 10,000 Rs. Fine.
Enhanced penalty after previous conviction (Sec. 94)
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Other offences and their penalties :
Contraventions Penalties
Penalty for obstructing inspector
(Sec. 95)
6 month imprisonment or fine of
10,000 Rs. or both
Wrongly disclosing results of analysis
(Sec. 96)
6 month imprisonment or fine of
10,000 Rs. or both
Offences done by worker (Sec. 97) 500 Rs fine
Using false fitness certificate
(Sec. 98)
2 month imprisonment or fine of
1000 Rs. or both
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References
The Factories Act, 1948 | Labour Department. Delhi.gov.in. Published 2018. Accessed July 11, 2023.
https://labour.delhi.gov.in/labour/factories-act-1948
Factories act 1948 pdf-Google Search. Google.com; Published 2020. Accessed July 9, 2023.
Ministry of Labour & Employmenthttps://labour.gov.in › files PDF THE FACTORIES ACT, 1948
Factories Act, 1948. Indiacodenicin. Published online 2019. https://doi.org/194863.com
Sneha Mahawar “Factories Act, 1948 Factories Act, 1948 - iPleaders