facotries act, 1948
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Welcome to the Presentation onFactories Act, 1948an overview of
FACTORIES ACT, 1948
OBJECTIVES TO SECURE SAFETY OF THE PERSONS;TO SECURE HEALTH OF THE PERSONS FROM HAZARDOUS OCCUPATION/PROCESSES; TO ENSURE PROTECTION FROM HAZARDOUS EQUIPMENT; TO ENSURE SOUND WORKING ENVIRONMENT; TO ENSURE WELFARE OF THE PERSONS; TO PROTECT THE ENVIORNMENT;
FACTORIES ACT, 1948 Regarded as one of the Noble and a Comprehensive Labour Legislation which is inforce in our country. Covers all the aspects relating to workers employed in factories.Secures - SafetyHealthWelfareRegulates -Working Hours
Ensures- Annual leaves with wagesProvides -Additional protection from hazardous processes Additional protection to women workmenProhibition of employment of childrenFACTORIES ACT, 1948
LABOUR LEGISLATIONSLabour : Earning member of either sex 3/4th of the populationVarious fields : Factories Shops Establishments Plantation Mines, etc.
LABOUR LEGISLATIONSUnfold the history Labourers have been exploited They have been made to face lot of problems at their work place.This has paved way for designingLegislation : Labour legislations are the laws or legislations designed to protect the interest and various aspects relating to the persons employed / working in various fields.
60 LABOUR LEGISLATIONS The fatal accidents Act, 1855 The child labour (prohibition and regulation) Act, 1986- Pre-independence - Post independence Legislations are amended from time to time to meet the scope and objective enshrined in the Acts.
60 LABOUR LEGISLATIONSOBJECTIVE - ENSURE PROTECTION TO LABOURERS Safety HealthWorking conditionsEnvironment Wages Social security Industrial relationsPROTECTION
CATEGORIES OF LABOUR LEGISLATIONSLegislations on Safety, environment, and working conditions : The Factories Act, 1948 The Indian Boilers Act, 1923 The Fatal Accident Act, 1855 The Indian Dock Labourers Act, 1934 Dock Workers (Regulation and Employment) Act, 1948 The Mines Act, 1952, etc.
CATEGORIES OF LABOUR LEGISLATIONSLegislation on Industrial Relations The Trade Unions Act, 1926 The Industrial employment (Standing Orders) act, 1946 Industrial Disputes Act, 1947Labour legislation on wages The Payment of Wages Act, 1936 The Minimum Wages Act, 1948 The Payment of Bonus Act, 1965 The Equal Remuneration Act, 1976
CATEGORIES OF LABOUR LEGISLATIONSLabour legislations on social security The Workmen Compensation Act, 1923 The Maternity Benefit Act, 1961 The Payment of Gratuity Act, 1972
LEGISLATION ON WORKING CONDITIONS
LEGISLATION ON WORKING CONDITIONS The plantation labour Act, 1951 Working journalist and other news paper employees and miscellaneous provisions Act, 1955 The Karnataka shops and commercial establishment Act, 1961 The motor transport workers Act, 1961 The Karanataka Industrial Establishment (National an festival holidays) Act, 1963 The Beedi and Cigar workers (conditions of employment) Act, 1966
LEGISLATION ON WORKING CONDITIONS Contract labour (regulation and abolition) Act, 1970 The sales promotions employees (condition of service) Act, 1976 The interstate migrant workmen Act, 1979 The child labour (prohibition and regulation) Act, 1986
LEGISLATION ON WORKING CONDITIONS The Employees Provident fund Act, 1952 The Employees State Insurance Act, 1948 The Karnataka Labour Welfare Fund Act, 1965 The labour laws exemption (from furnishing returns and maintaining registers by certain establishments) Act, 1988, etc.Other Labour Laws
OTHER SAFETY LEGISLATIONS APPLICABLE TO INDUSTRIES:
The Petroleum Act 1934 and Rules 1976 The Indian Explosives Act, 1884 The Static and Mobile Pressure Vessels (Unfired) Rules, 1981; Gas Cylinder Rules, 1981;
DEPARTMENT OF FACTORIES & BOILERS The Factories Act, 1948 The Payment of Wages Act, 1936 The Maternity Benefit Act, 1961 The Indian Boilers Act, 1923 and rules made there under. Child Labour (prohibition and regulation) Act, 1986Other Legislations Environment (Protection) Act, 1986- MSIHC Rules - MAHC (K) Rules, 1994 - Chemical Accident (Emergency planning, preparedness and response) Rules, 1996.
HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948)> 100 Years Old Legislation : Last two decades of the 18th century, i.e., 1880, 1890, 1900Conditions : No control over the conditions of the employment of workmen employed in industries Employers used to bargain with the employees Child employment was predominant in factories Introduction of machines and new processes lead to accidents and deaths There was no stipulated timing of work
HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948)Result is that the capitalist hopelessly exploited labourersThese conditions urged the need for a law / legislation to protect the workers Result is the Indian Factories Act, 1881 came in to force.Much importance was given to abolish child employment by fixing the minimum age to 7 years Applicable for establishment having 100 workers; There were no inspecting staff;Initially, this didnt serve the purpose for which this has been designed.
HISTORY OF THE LEGISLATION (THE FACTORIES ACT, 1948)This was amended from time to time i.e.,1891, 1911, 1923, 1926, 1931, 1934 After the independence, highest concern was given to design a legislation to our independent India with an objective of protecting the workers employed in the factories. UK Factories Act, 1937 that was considered as an updated legislation to ensure the various aspects of workmen employed in factories was taken as base.This was also amended regularly, 1954, 1976, 1986
MAJOR AMENDMENTS WERE CAUSED DURING 1987Reasons : Bhopal Gas tragedy occurred in 1984 (Early hours of 3.12.1984)Revealed the weakness in the existing law and demanded the need to amend the law by incorporating special provisions to deal with chemical industries and for management of chemical accidents.Act was overhauled 1987 (1.12.1987) Many provisions were introduced; Penal provisions were revamped
MAJOR AMENDMENTS WERE CAUSED DURING 1987 Hazardous process defined Hazardous Process means any process or activity in relation to an industry categorized wherein unless special care is taken, raw materials used therein or the intermediate products, bye-products, wastes or effluents would ;- Causes of material impairment to the health of the persons engaged in- Result in general pollution29 industries have been listed as industries involving hazardous processes.
THE FIRST SCHEDULE (See Section 2 (cb)) List of Industries involving Hazardous Processes
Ferrous Metallurgical IndustriesNon-ferrous Metallurgical Industries Foundries (ferrous and non-ferrous) Coal (including coke) industriesPower generating industriesPulp and paper (including paper products) industries List of Industries involving Hazardous ProcessesFertilizer industryCement industriesPetroleum industries Petrochemical industriesDrugs and pharmaceutical industriesFermentation Industries (Distilleries and Breweries)Rubber (Synthetic) industriesPaints and pigment industriesLeather tanning industries
List of Industries involving Hazardous ProcessesElectro plating industriesChemical industriesInsecticides, fungicides, herbicides and other pesticides industriesSynthetic resin and plasticsMan-made fibre (cellulosic and non-cellulosic) industryManufacture and repair of electrical accumulatorsGlass and ceramicsGrinding or glazing of metalsManufacture, handling and processing of asbestos and its productsExtraction of oils and fats from vegetable and animal sourceManufacture, handling and use of benzene and substances containing benzeneManufacturing processes and operations involving carbon disulphideDyes and dyestuff including their intermediatesHighly flammable liquids and gases
FACTORIES ACT, 1948 Central legislation enforced by the state government; In force since 1.4.1949 Social legislation 120 provisions spread-over under 11 chapters Act empowers state to make rules to enlarge the scope and objectives of the Act. Accordingly KFR 1969 is in force since 10.4.1969 Rules are also amended from time to time Extends to the whole of India Applicable to the premises, which comes under the definition Factory
FACTORIES ACT, 1948 Provisions envisaged are based on :- ILO convention and recommendations- Constitutional Provisions Fundamental RightsDirective Principles
APPLICABILITY Limited jurisdiction applies to Factories Premises where 10 and more workers; Manufacturing process, Power Premises where 20 and more workers; Manufacturing process; No power Act empower state government to declare all or any of the provisions of the act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions.1. Training of hides, 2. Electroplating, 3. Manufacturing of specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical substances as listed under schedule 1 of MAH (K) Rules, 1994.
BENEFICIARIES (Target Group) Workers employed in the registered factoriesWorker means a person employed, directly 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
RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for impl