factories act,1948

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  • 1. Kumar RanjeetTHE FACTORIES ACT,1948Ranjeet Kumar Yadav 1

2. Kumar RanjeetWHAT IS A FACTORY? A premises whereon 10 or more personsare engaged if power is used, or 20 ormore persons are engaged if power is notused, in a manufacturing process.[section 2(m)]. 2 3. Kumar RanjeetOBJECTIVE OF THE ACT The Act has been enacted primarily withthe object of protecting workersemployed in factories against industrialand occupational hazards. For that purpose, it seeks to impose uponthe owner or the occupier certainobligations to protect the workers and tosecure for them employment inconditions conductive to their health andsafety.3 4. Kumar RanjeetAPPLICABILITY OF THE ACTAt any place wherein manufacturing process iscarried on with or without the aid of power or isso ordinarily carried on, not with standing that: The number of persons employed therein isless than ten, if working with the aid of powerand less than twenty if working without the aidof power, or The persons working therein are not employedby the owner thereof but are working with thepermission of, or under agreement with, suchowner.4 5. Kumar RanjeetWHAT IS A MANUFACTURING PROCESS?Manufacturing process means any process for- (i) making, altering, repairing, ornamenting, finishing, packing,oiling, washing, cleaning, breaking up, demolishing, or otherwisetreating or adapting any article or substance with a view to its use,sale, transport, delivery or disposal; or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press,lithography, photogravure or other similar process or book binding (v) constructing, reconstructing, repairing, refitting, finishing orbreaking up ships or vessels; (vi) preserving or storing any article in cold storage. [section 2(k)].5 6. Kumar RanjeetWHO IS A WORKER? A person employed in any manufacturingprocess or cleaning or any workincidental to manufacturing process. A person employed, directly or by orthrough any agency with or withoutknowledge of the principal employer. Whether for remuneration or not. Relationship of master & servant [section 2(l)].6 7. Kumar Ranjeet DEFINITIONS[SEC.2] Adult means a person who hascompleted his eighteenth year of age Adolescent means a person who hascompleted his fifteenth year of age buthas not completed his eighteenth year Child means a person who has notcompleted his fifteenth year of age Young person means a person who iseither a child or an adolescent7 8. Kumar Ranjeet DEFINITIONS[SEC.2] Day means a period of twenty-four hours beginningat midnight; "week" means a period of seven days beginning atmidnight on Saturday night Calendar year means the period of twelve monthsbeginning with the first day of January in any year Power means electrical energy, or any other form ofenergy which is mechanically transmitted and is notgenerated by human or animal agency; Prime mover means any engine, motor or otherappliance which generates or otherwise providespower8 9. Kumar RanjeetWHO IS THE OCCUPIER? The person who has ultimate control overthe affairs of factory. It includes a partner in case of firm anddirector in case of a company. In case of Government company,occupier need not be a director. In thatcase, person appointed to manage affairsof the factory shall be occupier. [section2(n)]. 9 10. Kumar RanjeetAPPROVAL, LICENSING &REGISTRATION OF FACTORIES[SEC.6] Making an application to the Government or ChiefInspector , along with the duly certified plans andspecifications required by the rules, Sent to the State Government or Chief Inspectors byregistered post, And no order is communicated to the applicant within 3months from the date on which it is so sent, thepermission deemed to be granted. If the application is rejected appeal can be made to thegovernment within 30 days of the date of such rejection.10 11. Kumar RanjeetNOTICE BY OCCUPIER[SEC.7]The occupier shall, at least 15 days before he begins to occupy oruse any premises as a factory, send a notice to the Chief Inspectorcontaining-(a) The name and situation of the factory;(b) The name and address of the occupier; (c) The name and address of the owner of the premises (d) The address to which communications relating to the factorymay be sent; (e) The nature of the manufacturing process; (f) The total rated horse power installed or to be installed in thefactory; (g) The name of the manager of the factory for the purposes of thisAct; (h) The number of workers likely to be employed in the factory; (i) Such other particulars as may be prescribed11 12. Kumar RanjeetGENERAL DUTIES OF THE OCCUPIER Occupier shall ensure, the health, safetyand welfare of all workers while they areat work in the factory. Every occupier shall prepare, a writtenstatement of his general policy withrespect to the health and safety of theworkers. Bring such statement and any revisionthereof to the notice of all the workers. 12 13. Kumar RanjeetTHE INSPECTING STAFF[SEC.8] State government may appoint ChiefInspector, Additional Chief Inspectors,Joint Chief Inspectors, Deputy ChiefInspectors, and Inspectors. Prescribe their duties and qualifications Every District Magistrate shall be anInspector for his district Every inspector is deemed to be a publicservant within the meaning of the IndianPenal Code 13 14. Kumar RanjeetPOWERS OF INSPECTORS[SEC.9] Enter factory premises for investigation Examine the premises Inquire into any accident or dangerous occurrence Require the production of any prescribed register ordocument Seize, or take copies of, any register, record or otherdocument Take measurements and photographs and make suchrecordings Exercise such other powers as may be prescribed No person shall be compelled under this section toanswer any question or give any evidence tending to14incriminate himself . 15. Kumar RanjeetCERTIFYING SURGEON[SEC.10] State Government may appoint qualified medical practitioners tobe certifying surgeons Duties of surgeons (a) the examination and certification of young persons under thisAct; (b) the examination of persons engaged in factories in suchdangerous occupations or processes (c) supervising the factories where (i) cases of illness have occurred which are due to the nature of themanufacturing process or (ii) due to manufacturing process there is a likelihood of injury tothe health of workers or (iii) young persons are employed in any work which is likely tocause injury to their health. 15 16. Kumar RanjeetHEALTH PROVISIONS[SEC.11-20] Chapter III of Factories Act contain detailsregarding health of workers. Let usdiscuss these provisions16 17. Kumar RanjeetCLEANLINESS[SEC.11] The working conditions should be cleanand safe. Clean the floor at least once a week bywashing, or by some effective method. Effective means of drainage shall beprovided. White wash every 14 weeks Paint / varnish every 5 years17 18. Kumar RanjeetDISPOSAL OF WASTES AND EFFLUENTS [SEC.12] There should be proper arrangements ordisposal of wastes and effluents. Follow state govt. rules 18 19. Kumar RanjeetVENTILATION & TEMPERATURE [SEC.13] Proper level of ventilation temperatureand humidity must be maintained. Make provisions for reducing excessheat. 19 20. Kumar RanjeetDUST AND FUME[SEC.14] Effective measures should be taken toprevent inhalation or accumulation ofdust & fume. If any exhaust appliance is necessary for,it shall be applied as near as possible tothe point of origin of the dust, fume orother impurity. 20 21. Kumar RanjeetARTIFICIAL HUMIDIFICATION[SEC.15] Factories in which the humidity of the airis artificially increased(like in textileunits), keep it in limits. The water used for artificial humidificationto be clean.21 22. Kumar RanjeetOVERCROWDING[SEC.16] 14.2 cubic metres space per worker. Whilecalculating this space, space above theworker beyond 4.2 meters will not betaken into account. Notice specifying the maximum numberof workers, which can be employed inany work room shall be displayed in thepremises.22 23. Kumar RanjeetLIGHTING[SEC17] Sufficient & suitable lighting in every partof factory. There should natural lightingas far as possible. All glazed windows and skylights used forthe lighting of the workroom shall be keptclean. Formation of shadows to such an extentas to cause eye-strain or the risk ofaccident to any worker shall beprevented.23 24. Kumar RanjeetDRINKING WATER[SEC.18] There should be drinking water(wholesome water) Drinking points to be marked as drinkingwater. They should be at least 6 metersaway from wash room/urinal/latrine/spittoons. If >250 workers are working, then havecool water facility also.24 25. Kumar RanjeetLATRINES AND URINALS[SEC.19] There should be separate for male andfemale. Proper cleaning should be there. 25 26. Kumar RanjeetSPITTOONS[SEC.20] There should be sufficient number ofspittoons. No person shall spit within the premisesof a factory except in the Spittoonsprovided for the purpose Whoever spits in contravention shall bepunishable with fine not exceeding fiverupees26 27. Kumar RanjeetSAFETY OF WORKER[SEC.21-41] CHAPTER IV DEALS WITH SAFETY OFWORKERS 27 28. Kumar RanjeetFENCING OF MACHINERY[SEC.21] Every dangerous parts must be securelyfenced. The State Government may by rulesprescribe such further precautions. 28 29. Kumar RanjeetMACHINES IN MOTIONS[SEC.22] Examination of machinery in motion onlyby a specially trained adult male workerwearing tight fitting clothing. No women or child should be allowed towork.29 30. Kumar RanjeetEMPLOYMENT OF YOUNG PERSONS ONDANGEROUS MACHINES[SEC.23] No young person should be allowed towork on dangerous machines (unless hehas been trained, and is undersupervision). Young person = 14 to 18.30 31. Kumar RanjeetSTRIKING GEARS[SEC.24] There should be suitable striking gearsetc. to switch off the power, so that ifthere is any emergency, problem can besolved.31 32. Kumar RanjeetSELF ACTING MACHINES[SEC.2