THE FACTORIES ACT 1948

First introduced in 1881 to protect children and to provide health and safety Certain changes were made in this Act and new acts were passed in 1891, 1911 and 1922But in all these acts provision regarding safety, health and welfare of workers were found to be inadequate and unsatisfactoryIt was therefore felt that in the large and growing industrial activities in the country the law relating to factories was necessaryThus Factories Act 1948 was passed. It makes detailed provisions regarding health, safety and welfare of workers, working hours of adults etc......

FACTORY- A factory is a premises whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process.

POWER - Acc sec 2(g) electrical form of energy or any other form of energy which is mechanically transmitted and not by human or animal agency

WORKER- Acc to sec 2(1) any person employed directly or through a contractor in any manufacturing process

APPROVAL, LICENSING AND REGISTRATION OF FACTORIES (Sec 6)Occupier - Sec 2(n)Any person who has the ultimate control over the affairs of the factory

Before the factory is set up an Application should be made to the Chief Factory Inspector for his Approval

Duties of the Occupier Maintenance of plant and systems of work in the factory that are safe and without risks to health

Arrangement of safety

Maintenance of all places of work in the factory Occupier -

DEFINITION

FACTORY- A factory is a premises whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process.

POWER - Acc sec 2(g) electrical form of energy or any other form of energy which is mechanically transmitted and not by human or animal agency

WORKER- Acc to sec 2(1) any person employed directly or through a contractor in any manufacturing process

Occupier Sec 2 (n) Any person who has the ultimate control over the affairs of the factoryBefore the factory is set up an Application should be made to the Chief Inspector for his approvalNo place can be used of factory unless the Chief Inspector of factory has approved the factory planIf License or Registration Certificate is lost or destroyed the Duplicate can be issued on the payment of prescribed feeIncase of death or insolvency any other person can occupy the factory by giving 15 days notice to Chief Inspector

DEFINITIONS

DUTIES

Duties of the Occupier

Maintenance of plant and systems of work in the factory that are safe and without risks to health

Arrangement of safety

Maintenance of all places of work in the factory

HEALTH (SEC 11 TO SEC 20)

The Acts deals with the provision regarding the health of the workers in the conditions under which work is carried on in factories

SEC 11 TO SEC 20

SEC 11 CleanlinessSEC 12 Arrangement for Disposal of wasteSEC 13 Arrangement of Proper Ventilation and TemperatureSEC 14 Dust or FumesSEC 15 Artificial humidification

Cont..

SEC 16 Overcrowding SEC 17 Lighting SEC 18 Drinking WaterSEC 19 Latrines & UrinalsSEC 20 Spittoons

The safety provisions are obligatory & the occupier of every factory is bound to follow themSec 21 Fencing of machinery (Dangerous part)Sec 22 Work on Machinery in motion (Maintaining a register)Sec 23 Employment of young persons on dangerous machines SAFETY

Sec 24 Devices for cutting off powerSec 25 Self acting machinesSec 26 Casing of a new machinerySec 27 Prohibits Employment of women & childrenSec 28 Hoists (Elevator) & LiftsSec 29 Lifting machines, Chains, ropes & lifting tackles

Sec 30 Revolving machinerySec 31 Pressure Plant Sec 32 Floors, Stairs & Means of accessSec 33 Pits, sumps , openings in floors etcSec 34 Excessive Weights

Sec 35 Protection of eyesSec 36 Precautions against dangerous fumesSec 37 Precautions against explosive or inflammable dust, gas etc.Sec 38 Precautions incase of fireSec 39 Power to require specifications of defective parts or tests of stability

Sec 40 Safety of building & machinerySec 41 Power to make rules to supplement above provisions

WELFARESec 42 Washing facilities for men & women separately (clean & convenient)Sec 43 Facilities for storage of clothesSec 44 Facility for rest hoursSec 45 Facility of first aid ( First aid box/cupboard for workers ) handled by trained personsSec 46 Facility canteen ( For more than 250 workers/dining hall)

Sec 47 Shelters, rest rooms, lunchrooms with water facilitySec 48 Facility of Crches ( For than 30 women workers for children under age of 6 yrs)Sec 49 500 or more workers welfare officerSec 50 Power to make the rules

PROTECTION AGAINST HAZARDOUS (Dangerous) PROCESSES The Act lays down various provisions for protecting workers from the hazardous processes carried in the factorySec 41 A Site Appraisal Committee (Chief Inspector & Representatives to prevent various types of pollution)Sec 41 B Disclosure of hazardous information by the occupier (Workers, Chief Inspector, Local Authority where factory is situated)

Sec 41 C Responsibility of occupier (Maintenance of Records, appointment of qualified persons to handle the situation)Sec 41 D Appointment of Inquiry committee By Central Govt ( To find out the cause of failure or neglectance )

Sec 41 E Emergency StandardsSec 41 F Permissible limit of exposure chemical & toxic substanceSec 41 G Workers Participation in safety management Sec 41 H Right of workers to warn about imminent danger

WORKING HOURS OF ADULT48 Hours in a week Sec 51 9 Hours in a day Sec 54Interval for rest - Sec 55Cannot work continuously for 10 hrs Sec 56Prohibition of overlapping shifts Sec 58 Overtime wages for more than 9 hrs Sec 59 ( Wages double than normal wages )No double employment Sec 60 ( Day as well as Night )

WORKING HOURS OF YOUNG PERSONSAbove 14 yrs Sec 67Deployment unless certificate of fitness not submitted Sec 68Certificate of fitness Sec 69 ( For female workers working hrs should not be more than 4 hrs a day, no overlapping shifts, no night shifts)SEC 72 & SEC 73 DETAILS REGARDING NATURE OF WORK

ANNUAL LEAVE WITH WAGESRules regarding to Annual Leave Leave Entitlement One day for every 20 days for adult One day for every 15 days for child Workers who has worked for a period of 240 days or more in a calendar year is entitled for a leave for certain number of days

If the worker has remained absent for a longer period of time than that provided has no right for leave2. Maternity leave for female workers should not exceed than 12 weeksWorker employed after any day of 1st day of Jan shall be entitled to leave

4. UNAVAILED LEAVE If any worker does not take any leave in any one calendar year, that leave should be added in the succeeding calendar year, but the leaves in succeeding year should not exceed 30 incase of adult & 40 incase of child

Application for leave to made in written A worker should apply in writing for a leave atleast 15 days before he wishes to begin his leave Application submitted in proper time shall not be refused 3 times in a year leave should be taken

A worker if wants to avail leave with wages due to illness in that case no need to give application for leave in advanceIf a worker who has applied for leave & quits the service before he has taken the leave, he shall be paid wages in respect of the leave not taken8. The occupier may draw up a scheme for regulating grant of leave with Chief Inspector

RIGHTSTo obtain information relating to health, safety & welfare at work from occupierTo get himself sponsored for the training in health & safety at work duly approved by Chief InspectorRepresent the inspector directly or through his representative in the matter of inadequate provision for protection of his health & safety in the factory

OBLIGATIONS

Not to misuse any appliances provided for health, safety & welfareCannot neglect use of appliances or other things made available for health or safetyCannot do anything which is likely to endanger him or others

SUMMARY

IntroductionDefinitions (Factory, Worker & Occupier)Objectives Health Sec 11 to Sec 20Safety Sec 21 to Sec 41 Welfare Sec 42 to Sec 50

Protection Against Hazardous processesWorking Hours for Adults & Young PersonsAnnual Leave with wagesRights & Obligations