FACTORIES ACT, 1948

INTRODUCTION

In India the first Factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers. This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers.

HIGHLIGHTS:

• The Factories Act, 1948 came into force on the 1st day of April,1949

•It extends to the whole of India. It was, in fact, extended to Dadra & Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu & Kashmir in 1970.

• It was amended in 1949, 1950, 1954, 1956, 1976 and 1989.

DEFINITION OF A FACTORY:-

“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereof-

i. Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or

ii. Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on;

The following have held to be a factory:-i. Salt works

ii. A shed for ginning and pressing of cotton

iii. A Bidi making shed

iv. A Railway Workshop

v. Composing work for Letter Press Printing

vi. Saw Mills

vii.Place for preparation of foodstuff and other eatables

OBJECTIVES OF ACTTo improve health, welfare and safety of the workmen.

To secure health of the persons from hazardous occupation/processes;

To ensure protection from hazardous equipment;

To ensure sound working environment;

To protect the environment;

HAZARDOUS PROCESSES

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 work

- Result in general pollution

Provisions relating to HAZARDOUS PROCESSES

Sec 41 A: Constitution of site appraisal committee Sec 41 B: Compulsory disclosure of information by the occupier Sec 41 C: Specific responsibility of the occupier in relation to hazardous process Sec 41 D: Power of central government to appoint inquiry committee Sec 41 E: Emergency standards Sec 41 F: Permissible limits of exposure of chemical and toxic substances Sec 41 G:Workers participation in safety management Sec 41 H:Right of workers to warn about imminent danger

CONSTITUTION OF CONSTITUTION OF SITE APPRAISAL COMMITTEESITE APPRAISAL COMMITTEE

• This has been set down to guide the Government to consider for initial location of industries involving hazardous process at a site.• Composition is defined• Modalities of dealing the issue is defined• This committee consists of various authorities having expertise, the said committee is required to visualize pros and cons from establishing industries and is required give its opinion within 90 days from the date of receipt of the application

COMPULSORY DISCLOSURE OF COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIERINFORMATION BY THE OCCUPIER

Occupier should disclose • Information of chemical substances, quantity• Information regarding dangers• Information regarding health hazards• Measures to over come dangers and health hazardto the workers, to the CIF&B and the local Inspector.

SPECIFIC RESPONSIBILITIES OF SPECIFIC RESPONSIBILITIES OF THE OCCUPIERTHE OCCUPIER

•Maintain accurate and up to date health records of workers exposed to any harmful substances manufactured

•Appoint persons qualified and experiences in handling hazardous substances

•Provide medical examination of every worker

EMERGENCY STANDARDSEMERGENCY STANDARDS

• The Central Govt may direct the Director-General of Factory Advice Service and Labour Institutes to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes

•These Emergency standards shall be enforceable

WORKERS PARTICIPATION IN SAFETY MANAGEMENTWORKERS PARTICIPATION IN SAFETY MANAGEMENT

• Management has to set up a safety committee comprising of representatives of both management and workers to bridge cooperation in maintaining proper safety and health at work.

• Composition of the committee is prescribed and the tenure is also fixed.

WORKERS PARTICIPATION IN SAFETY WORKERS PARTICIPATION IN SAFETY MANAGEMENTMANAGEMENT

Functions are defined• Investigation in to the accidents and suggests corrective measures to avoid reoccurrence of the same• Creating safety awareness amongst the workers• Helping the management in achieving the aims and objectives outlined in the safety policy.

RIGHT OF THE WORKERS TO WARN ABOUT RIGHT OF THE WORKERS TO WARN ABOUT IMMINENT DANGERSIMMINENT DANGERS

• If the workers have reasonable apprehension that there is likelihood of imminent danger to their lives or health due to any accident, they may bring to the knowledge of the occupier• It is the duty of occupier and manager to initiate immediate necessary action.• If it is disputed, the matter is required to be referred to the Inspector, whose decision is final in this matter.• Any compromise on these provisions, the punishment under the Act is very bitter and costly.

OFFENCE PENALTY

For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

   Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day.

  Imprisonment of 10 years when contravention continues for one year.

List of Industries involving List of Industries involving

Hazardous ProcessesHazardous Processes

1. Ferrous Metallurgical Industries

2. Non-ferrous Metallurgical Industries

3. Foundries (ferrous and non-ferrous)

4. Coal (including coke) industries

5. Power generating industries

6. Pulp and paper (including paper products) industries

7. Fertilizer industry

8. Cement industries

9. Petroleum industries

10. Petrochemical industries

11. Drugs and pharmaceutical industries

12. Fermentation Industries (Distilleries and Breweries)

13. Rubber (Synthetic) industries

14. Paints and pigment industries

15. Leather tanning industries

16. Electro – plating industries

17. Chemical industries18. Insecticides, fungicides, herbicides and other pesticides industries

19. Synthetic resin and plastics

20. Man-made fibre (cellulosic and non-cellulosic) industry

21. Manufacture and repair of electrical accumulators

22. Glass and ceramics

23. Grinding or glazing of metals

24. Manufacture, handling and processing of asbestos and its products

25. Extraction of oils and fats from vegetable and animal source

26. Manufacture, handling and use of benzene and substances containing benzene

27. Manufacturing processes and operations involving carbon disulphide

28. Dyes and dyestuff including their intermediates

29. Highly flammable liquids and gases

Thank You.