The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. • For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety. OBJECTIVE OF THE ACT
COMPLIANCE UNDER THE FACTORIES ACT, 1948
FACTORIES ACT, 1948 • A Comprehensive law for the persons working at a specific domain – factories. • Regarded as one of the Benevolent, Noble and a Comprehensive LabourLegislation which is in force in our country. • Covers significant issues relating to the persons employed in factories. • Secures - Safety • Health • Welfare • Regulates - Working Hours
FACTORIES ACT, 1948 • Ensures - Annual leaves with wages • Provides - Additional protection from hazardous processes Additional protection to women workmen Prohibition of employment of children Series of amendments have been made time and again to increase the scope of the Act.
Road Map to the Legislation. • 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 were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal. • Conditions in these factories were very gloomy and awful. • First Indian Factories Act, came into force during 1881 • Comprehensive Act was enacted immediately after the independence - under the nomenclature “The Factories Act, 1948”. • This Act has seen many amendments after the independence.
At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that: • The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or • The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner. APPLICABILITY OF THE ACT
APPLICABILITY Unless otherwise provided, the Act is applicable to all Factories viz., Private, State, Central, Government, Local Bodies etc.,
BENEFICIARIES (Target Group) • Workers employed in the registered factories • “Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process • Workers under the Act, includes • Permanent 2. Temporary 3. Contract 4. Casual , 5. Clerical staff 6. Managers, 7. Engineers, 8. Supervisors etc., “Apprentice” under the Apprentice Act, 1961 are not the workers. However as per Section 14 of the Act – provision of health, safety & welfare are applicable to the said category.
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. • Proprietorship - Proprietor • Partnership - One of the partner • Company - One of the director • State or Central - Persons so nominated by the • Government owned respective governments.
OCCUPIERS RESPONSIBILITY • Shall Ensure, So Far As Is Reasonably Practicable, The Health, Safety And Welfare Of All Workers While They Are At Work. • The provision and maintainence 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 - INSPECTORS THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES. • Act empowers State Government to appoint persons as Inspectors
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. • 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.
Health • Safety • Welfare • Hazardous Processes • Working Hours Of Adults • Annual Leave With wages Main Provisions under Factories Act
Section11 - Cleanliness • Section12 - Disposal of wastes and effluents • Section13 - Ventilation and temperature • Section14 - Dust and fume • Section15 - Artificial humidification • Section16 - Overcrowding • Section17 - Lighting • Section18 - Drinking water • Section19 - Latrines and urinals • Section20 - Spittoons Provisions related to HEALTH
HEALTH ISSUES • HOUSE KEEPING/CLEANLINESS • THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM NO.6 - RULE 141 • PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29. • OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU METER OF SPACE • MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141
LIGHTING • AND • VENTILATION • Minimum 3 foot candles of light, • Fresh circulation of air by ensuring cross ventilation • Adequate openings, 15% of floor area shall be kept open for natural ventilation • Mechanical system of ventilation incase of shortage of windows • Overcrowding – 14.2 cu.meter of space per person
TOILET FACILITIES • Sufficient toilet and urinal accommodations - One for every twenty five workmen. • Toilet accommodations shall be maintained in clean and hygienic conditions. • Separate facilities for the women workmen. • Sufficient water facilities shall be available. Pictorial display shall be made. Proper doors and fastening shall be ensured. • Sweepers shall be employed to keep the facility neat and tidy.
Drinking water • Adequate drinking water in clean and hygienic conditions shall be provided and maintained. • Minimum of 5 liters of water per person. • Drinking water shall be kept at convenient places. • If the source of supply is not from the public supply, the water shall be tested for its pot ability from the District Health Officer. • If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.
SAFETY GENERAL SAFETY MANAGEMENT INCLUDES • EQUIPMENT SAFETY, • PERSONAL SAFETY • MATERIAL SAFETY • PROCESS SAFETY • PERSONAL PROTECTIVE EQUIPMENT • EXCESSIVE WEIGHTS
Section 21 - Fencing of machinery • 22 - Work on or near machinery in motion • 23 - Employment of young persons on dangerous machines. • 24 - Striking gear and devices for cutting off power • 25 - Self-acting machines • 26 - Casing of new machinery • 27 - Prohibition of employment of women and children near cotton-openers • 28 - Hoists and lifts • 29 - Lifting machines, chains, ropes and lifting tackles • 30 - Revolving machinery • 31 - Pressure plant Provisions related to SAFETY
32 - Floors, stairs and means of access • 33 - Pits, sumps openings in floors, etc • 34 - Excessive weights • 35 - Protection of eyes. • 36 - Precautions against dangerous fumes, gases • 36A - Precautions regarding the use of portable electric light. • 37 - Explosive or inflammable dust, gas, etc • 38 - Precautions in case of fire • 39 - Power to require specifications of defective parts or tests of stability • 40 - Safety of buildings and machinery • 40A - Maintenance of buildings • 40B - Safety Officers • 41 - Power to make rules to supplement this Chapter SAFETY Cont…
42 - Washing facilities • 43 - Facilities for storing and drying clothing • 44 - Facilities for sitting • 45 - First-aid appliances • 46 - Canteens • 47 - Shelters, rest rooms and lunch rooms • 48 - Creches • 49 - Welfare officers • 50 - Power to make rules to supplement this Chapter Provisions related to WELFARE
WASHING FACILITIES • Adequate Washing Facilites Shall Be Provided And Maintained For The Use Of The Workers. • If Female Workers Are Employed Separate Washing Facilities Shall Be Proivded. The Entrance Should Bear Conspicuous Notice “ For Women Only” • Water Supply To The Washing Facilities Should Yield At Least 27 Liters Of Water For Each Person. • If Adequate Water Facility Is Not Available, Exemption Can Be Obtained To Provide 4.5Litres Of Water Per Person Employed.
CANTEEN • It Is Statutory Welfare Scheme • Applicable To Factories Employing More Than 250 • Building Shall Not Be Located Near To Any Toilets, Boiler Room, Coal Room Or Near Any Process Which Generates Obnoxious Fumes Etc., - Minimum 15 Meters • Sufficiently Ventilated And Lighted • Lime Washed Once In A Year • If It Is Painted, Repainted Once In Three Years • Precints Shall Be Neat And Tidy At All Times • Dining Hall Shall Accommodate 30% Of The Workmen Working • .93 Square Meter Of Area Shall Be There Per Person • A Portion Shall Be Earmarked For Women Workers In Proportion Of Their Strength • Washing Place Shall Be Provided. • Sufficient Tables, Chairs Or Benches Shall Be Provided.
SHELTER, RESTROOM AND LUNCH ROOM • This Will Be Applicable If Ordinary Employment Is More Than 150 • The Accommodations To Be Provided Should Confirm To The Standards • Height 3.7 Meters From Floor Level, Area Should Be 1.12 Square Meter Per Person • Adequate Lighting And Ventilation • Chair Or Benches With Back Rest Arrangement Shall Be Provided • Kept Neat And Tidy At All Times • Washing Facilities And Drinking Water Facilities Shall Be Provided.
CRECHE • This Will Be Applicable If Ordinary Employment Of Women Is More Than 30 • The Accommodations To Be Provided Should Confirm To The Standards • Height 3.7 Meters From Floor Level, Area Should Be 1.86 Square Meter Per Child • AdequtaeLighting And Ventilation • Kept Neat And Tidy At All Times • Equipped With Cot, Cradle, Suitable Bedding For Older Children. • Chair/Seating Arrangement For Feeding The Children • Adequate Toys For Older Children • Suitably Fenced Shady Open Air Playground For Older Children
FIRST AID APPLIANCES • First Aid Boxes Or Cupboards Shall Be Distinctively Marked With A Red Cross On White Background And Contain The Equipment Prescribed. • Equipped First Aid Boxes Shall Be Kept In Charge Of Persons Trained In The First Aid Treatment. • First Aider Should Hold Certifictae In First Aid Treatment Recognised By The State Government. • No. Of First Aid Boxes And Cup Boards Shall Be One For Every 150 Workers. • A Notice Containing The Names Of The Persons Working In The Factory And Who Are Trained In The First Aid Treatment Shall Be Posted On Or Near The First Aid Boxes Or Cupboards.
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.
PROVISIONS RELATING TO HAZARDOUS PROCESSES • Section 41 A: Constitution of site appraisal committees • Section 41 B: Compulsory disclosure of information by the occupier • Section 41 C: Specific responsibilty of the occupier in relation to hazardous processes • Section 41 D: Power of Central government to appoint inquiry committee. • Section 41 E: Emergency Standards • Section 41 F: Permissible limits of exposure of chemical and toxic substances • Section 41 G: Workers’ participation in safety management. • Section 41 H: Right of workers to warn about imminent danger.
51 - Weekly hours • 52 - Weekly holidays • 53 - Compensatory holidays • 54 - Daily hours • 55 - Intervals for rest • 56 - Spread over • 57 - Night shifts • 58 - Prohibition of overlapping shifts • 59 - Extra wages for overtime • 60 - Restriction on double employment • 61 - Notice of periods of work for adults • 62 - Register of adult workers • 63 - Hours of work to correspond with notice under section 61 and register under section 62. WORKING HOURS FOR ADULTS
WORKING HOURS FOR ADULTS • 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.