7848fthe factories act 1948

7/30/2019 7848fThe Factories Act 1948

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The Factories Act 1948

It extends to the whole country and is acentral act.

An Act to consolidate and amend the law

regulating labour in factories. Amended on several occasions in

1949,1950,1954,1956,1976 1989 but the

general framework remains the same. Enacted to protect workers from industrial

and occupational hazards


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It imposes upon the owner/occupiercertain duties to protect the workers andto secure for them employment in

conditions which are conducive to healthand safety.

Therefore the act provides for Health,Safety, Welfare, Working hours, Leaveand Provisions relating to Hazardousprocesses as separate chapters in the act.


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What is a factory

Sec 2 (m) defines factory as premises

including the precincts thereof where

manufacturing is being carried out:

By 20 or more persons without the aid of

power

10 or more with the aid of power.

Less than 10 workers where activity is

notified by the state Govt.


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Factory does not include

Mine,

Railway running shed

Hotel, Restaurant or eating places. Electronic data processing unit


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Premises including precincts

means

Open land

Sheds

Godowns

YardsCanteen

Creche

Rooms

Buildings

Machines

.

Precincts where

manufacturing activity is

being carried out

eg..Room where packing

of finished goods is done

Eg Yard where

groundnuts were dried.

Eg. Shed where pepper

and ginger werewinnowed as process

before sale


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What is a Manufacturing Process

Section 2(k)states Manufacturing to mean

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.


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Manufacturing includes

Pumping oil, water, sewage or any other

substance

Generating, transforming or transmitting power,

Composing types for printing, printing by letterpress, book binding, lithography etc.

Constructing , reconstructing repairing ships or

vessels Preserving or storing any article in cold storage.


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What is not manufacturing

Dry cleaning is not a manufacturing

process. It is merely cleaning by

processing of washing held in

ESIC Vs.Triplex Dry Cleaners 1998 II LLJ.


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Shree Gopal Paper Vs. Inspector of

Factories UP 1969 Labour IC

Transportation of raw materials is not

manufacturing.

Eg: Baleing grass with a baleing press to

be sent to Paper Mill as a raw-material is

not a factory. It was the packing of raw

materials before it reach the factory.


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SHIFT

When work of the same kind is carried out

by 2 or more sets of workers, working

during different periods of the day ,each

such set is called group or relay andeach such period of work is called a shift.

There may be 2 or 3 shifts working each

day on the same set of machines, toproduce the same goods.


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Spread over

A period of work for an adult workerexclusive of rest will not extend ten and ahalf hours on any day.

In case exemption is sought may beincreased to 12 hours.

There is no provision for overlapping

shifts. Double employment in 2 factories on the

same day is prohibited.


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Day / Week

Day means period of 24 hours beginning

at midnight.

Week mean period of 7 days which starts

at midnight Saturday and extends to the

succeeding Saturday night.


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Occupier:

Occupier Section 2 (n) has been defined tomean:

The person who has ul t imate contro l

over the affai rs o f the facto ry. A partner in the case of firm.

Director in the case of a company.

In the case of a factory owned by thegovernment, persons who are appointed tomanage the affairs of the factory shall bedeemed to be the Occupier.


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Duties of an occupier

To ensure the health, safety and welfare of

all workers while they are work in the

factory

To prepare a written statement of a

general policy which will be followed for

the health and safety of the workers

To bring such a statement and its revision

to the notice of the workers.

O i h i d il d li b


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Occupier has to give detailed policy aboutmeasures taken for safety and health ofworkers.

Occupier has to give a detailed policy oncontrol measures in machine accidents.

He has to maintain a record of workers for

exposed to chemicals or harmfulsubstances.

Workers can warn Occupier about thelikelihood of danger to life /health directly

or through their representative andimmediate remedial measures have to betaken.


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WHO IS A WORKER

A Worker means a person employed

directly

or by though any Agency including a

Contractor,

with or without knowledge of principal

employer

whether for remuneration or not.


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In cleaning any part of the machinery or

premises where manufacturing is going

on.

A person who is engaged in any kind of

the work incidental to, or connected with

the manufacturing process

But does not include a member of the

armed forces of the unit.


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Some persons connected with

manufacturing are.

Time keepers who prepare pay sheets,leave and attendance records etc.

Accountants who compute salary

Security guards

Clerks

House keeeping

Loaders

Drivers


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They are Factory Workers.

Workers need not be engaged on the

precincts of the factory

Eg. Lorry driver who took the material from

one factory to another.

Eg. Carpenter who made wooden boxes

for packaging soaps after finishing.


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Prima Facie Test to see if the

person is a factory worker

Does the occupier have the right to

supervise the work?

Or control the manner in which the work is

executed?

Or is the worker answerable to the

occupier


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Child

Above 14 years of age.

Shall not be allowed to work in any factoryunless such child has been granted a certificate

of fitness He shall not work more than 4 and a half hourswork in a day (Section 71)

Shall not be permitted to work during the night.

The period work shall be limited to 2 shiftswhich have not overlapped

or spread over more than 5 hours each.


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No exemption to the above provision.

No child will be allowed to work in any

factory on any day on which he has

already been working in another factory.

No female child shall be allowed to work

except between 8 AM and 7 PM.

Will be allowed one day leave after

working 15 days


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Adolescent

A person between 16 to 18 years of age

Having certificate of fitness from a certifyingSurgeon to work as an adult

will carry a token giving reference of suchcertificate and hand over the same to theoccupier.

If no certificate has been granted he shall be

deemed to be a child. Adolescents will be allowed to work only

between 6 AM to 7 PM.


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ADULT WORKERS

Must work 6 days a week

For 9 hours each day

Rest for at least half hour after every 5hours

He will work not more than 48 hours in the

week

In accordance with the notice for period of

work which is displayed in the factory


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In case a worker is asked to work

overtime, he shall be paid wages @double

the rate .

The spread over shall not be more than

ten and a half hours unless exemption is

taken and can extend to 12 hours of work

a day


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Leave with Wages

He can avail leave for 20 days earned

leave after working for 240 days

He can carry forward /accumulate leave

for 30 days.

The periods of leave may be combined

with his weekly off.

Leave shall not be availed of on more than

3 occasions in a calendar year.


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Before it can start work..

Obtain prior permission for the construction of afactory: APPROVAL OF PLANS OF THEFACTORY by chief inspector of factories.

Application to obtain Licence to be made at least15 days before the commencement of amanufacturing activity. REGISTRATION AND

LICENCING OF FACTORY

Comply with the requisite provisions of law.


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STATUTORY REGISTERS

Muster Roll

Register of adult workers

Register of leave with wages

Overtime register

Register of accident or dangerous occurrence

Inspection book

Health register in respect of factories involvinghazardous processes and dangerous

operations.


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More Compliance

STATUTORY RETURNS TO BE FILED UNDERTHE FACTORIES ACT WITH DUE DATES:

STATUTORY NOTICES TO BE DISPLAYED:

STATUTORY PERIODICAL EXAMINATIONSOF PLANTS AND EQUIPMENT TO BECARRIED OUT


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EXEMPTION PROVISIONS

UNDER THE ACT

EXEMPTION TO WORK ON OVERTIME :

EXEMPTION FOR MA INTA ININGREGISTERS IN PRESCRIBED FORMS:

EXEMPTION FOR EMPLOYING WOMENWORKERS UPTO 10PM IN CERTAIN

FACTORIES

7848fthe factories act 1948

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