unit 3 factories act, 1948

7/30/2019 Unit 3 Factories Act, 1948

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Factories Act, 1948

Unit III


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Factory

Factory means any premises including the precinctsthereof Whereon ten or more workers are working, or were

working on any day of the preceding twelve months, andin any part of which a manufacturing process is being

carried on with the aid of power or is ordinarily so carriedon, or

Whereon twenty or more workers are working, or wereworking on any day of the preceding twelve months, andin any part of which a manufacturing process is beingcarried on without the aid of power or is ordinarily socarried on.

But does not include a mine or a mobile unit belonging tothe armed forces of the Union, a railway running shed or ahotel restaurant or eating place.


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Manufacturing Process

" Manufacturing Process" means any process for-

making, altering, repairing, ornamenting, finishing, packing,oiling, washing, cleaning, breaking up, demolishing, orotherwise treating or adapting any article or substance with

a view to its use sale, transport, delivery or disposal, or pumping oil, water, sewage or any other substance; or

generating, transforming or transmitting power; or

composing types for printing, printing by letter press,lithography, photogravure or other similar process or book

binding; or constructing, reconstructing, repairing, refitting, finishing

or breaking up ships or vessels; or

preserving or storing any article in cold storage.


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Worker

" Worker" means a person

employed, directly or by or through any agency(including a contractor) with or without theknowledge of the principal employer, whether forremuneration or not], in any manufacturingprocess, or in cleaning any part of the machinery orpremises used for a manufacturing process, or inany other kind of work incidental to, or connected

with, the manufacturing process, or the subject ofthe manufacturing process

But does not include any member of the armedforces of the Union


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Other important definitions

Adult : Section 2(a) " adult" means a personwho has completed his fifteenth year

Adolescent : Section 2(b) " adolescent" means a

person who has completed his fifteen year ofage but has not completed his eighteenth year

Child : Section 2(c) " child" means a person who

has not completed his fifteenth year Young Person : Section 2(d) " youngperson"

means a person who is either a child or anadolescent


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Shift and Relay : Where the same kind of work is

carried out by two or more sets of workers workingduring different periods of the day each of such setsis called a relay and each of such periods is called ashift

Occupier : Section 2(n) " occupier" of a factorymeans the person who has ultimate control over theaffairs of the factory; in the case of a firm or other association of individuals,

any one of the individual partners or members thereofshall be deemed to be the occupier;

in the case of a company, any one of the directors shall bedeemed to be the occupier;

in the case of a factory owned or controlled by the Central

Government or any State Government


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Hazardous Process : Section 2(cb)" hazardousprocess" means any process oractivity in relation to an industry specified in

the First Schedule where, unless special care istaken, raw materials used therein or theintermediate or finished products, bye-products, wastes or effluents thereof would

cause material impairment to the health of thepersons engaged in or connected therewith, or

result in the pollution of the general environment


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Approval, Licensing and Registration

License is necessary to start a factory

Notice by Occupier : Atleast before 15 days hebegins to occupy or use any premises as a

factory; send to Chief Inspector of Factories Name and address of Factory Premises

Name and address of Occupier

Name and address of owner of the FactoryPremises and building

Address to which communication relating tofactory may be sent


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Approval, Licensing and Registration

Notice by Occupier includes

Name of the manufacturing process to be carried on

Total rated Horse Power

Name of the manager of the factory

Number of workers likely to be employed

Any other prescribed particulars

Plant and specifications of the factory must ensure

proper measures for health, safety and welfare


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Duties of Occupier

Ensure health, safety and welfare of all

workers while they are at work in the factory

It includes

Provision and maintenance of plant and systems

of work in the factory that are safe and without

risks to health

Arrangements in the factory for ensuring safetyand absence of risks to health in connection with

use, handling, storage and transport of articles

and substances.


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Duties of Occupier

Provision of such information, instruction, trainingand supervision as are necessary to ensure healthand safety of all workers at work

Maintenance of all places of work in the factory ina condition that is safe and without risks to health

Maintenance and monitoring of such workingenvironment for the workers that is safe, without

risks to health and adequate as regards facilitiesand arrangements for their welfare at work

Prepare a written statement of general policy withrespect to health and safety of workers


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Duties of Manufacturers

Proper design and construction, testing and

information

Research

Duty to extend to things done in course of

business

Undertaking by the user : declaration for

proper use


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Inspection Staff

State Government appoints Inspectors, ChiefInspectors of Factories, Additional ChiefInspectors, Joint Chief Inspectors and Deputy

Chief Inspectors. Power of Inspectors

Enter with assistants in a factory premises

Make examination of the premises, plant andmachinery

Require the production of any prescribed registerand any other documents relating to factory


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Inspection Staff

Power of Inspectors

Inquire into any accident or dangerous occurrences

Seize, take copies of any register, record of other

document or any portion thereof Direct the occupier that any premises or any part or

anything lying thereon shall be left undisturbed

Take measurement and photographs and make such

recordings Direct occupier to dismantle any article or substance

found in premises likely to cause danger

Exercise such other powers as may be prescribed forcarrying out the purposes of the Act


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Inspection Staff

Duties of Inspector

Enforce provisions of Factories Act and other

Industrial Laws

Take steps like prosecuting guilty persons, etc

Obstructing an Inspector

Imprisonment for a term which may extend to 6

months or with fine which may extend to Rs.10,000 or both


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Certifying Surgeons

State Government appoints qualified medical

practitioners as Certifying surgeons

Duties

Examine and certify young persons

Examine persons engaged in dangerous

occupations or processes

Medical supervisions of factories


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Provisions regarding Health of workers

Cleanliness

Disposal of wastes and effluents

Ventilation and Temperature (Hot parts separated

and insulated) Dust and Fumes (steps to be taken that they are not

inhaled or accumulated)

Artificial Humidification Over crowding (55 cubic meters of space per worker;

75 cubic meters of space per worker for factoriesbuilt after commencement of Act)


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Provisions regarding Health of workers

Lighting

Drinking Water (7.5 meters far from latrines,

washing place; for factories more than 250

workers should provide cool water)

Latrines and Urinals (separate provision for male

and female workers; provisions in factories act

followed)

Spittoons (provided at convenient places, in

clean and hygienic condition; fine upto Rs.5)


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Provisions for Safety of workers

Women or young person shall not be allowed

to clean, lubricate or adjust any part of

machinery in motion.

Selling or giving a machinery on rent which

does not comply with provisions of the act is

punishable with imprisonment upto 3 months

and / or fine up to Rs.500

Women and children not to be employed near

cotton-openers


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Sec.21-23

Fencing of machinery : for dangerous machinery

which have moving parts

Work on or near machinery in motion : Only

specially trained adult male workers wearing tightfitting clothes

Employment of young persons on dangerous

machines : should not be allowed; can be allowedafter training and under supervision of a person

having thorough knowledge and experience


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Sec.24-27 Striking gear and devices for cutting off power :

devices for cutting off power in emergencies tobe provided and maintained in every work room

Self-acting machines : moving parts of self-actingmachines must not be allowed to come with 45cms of fixed structure

Casing of new machinery : screw, bolt, toothed

gearing, etc to be encased

Women and children near cotton openers : notallowed


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Sec.28-31,33 Hoists, lifts, chains, etc : should be constructed

as to be safe; rules and provisions to be followed

Revolving machinery : maximum safe working

speed must be notified; precautions should betaken that such speed is not exceeded

Pressure Plant : working in pressure higher thanatmospheric pressure, safe working pressure not

to be exceeded.

Pits, sumps, openings in floors, etc to be securelycovered or fenced


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Sec.32, 34-35

Floors, stairs and means of access shall be ofsound construction and properly maintained;hand rails to be provided; safe means of accessshall be provided to the place where workers will

carry on any work Excessive weights : No worker shall carry heavy

load which might cause him injury

Protection of eyes : screen or suitable goggles tobe provided to protect eyes from fragmentsflying during manufacturing process or fromexcessive light


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Provisions for Safety of workers Sec. 36

Precautions against dangerous fumes : No

person shall be allowed to enter any chamber

where dangerous fumes are coming out

without unless such place has a man hole orother means of coming out; no portable light

more than 24 volts to be used; people should

be provided with breathing apparatus, etc.;should be cooled by ventilation before any

person is allowed to enter


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Sec.37-38

Explosive or inflammable gas etc. : Suchmachinery involved in process must be enclosed;accumulation of the substance to be prevented

and possible sources of ignition to be excluded;extra precautions to be taken in case pressuresworked on are more than atmospheric pressure

Precaution in case of fire : Fire escapes to beprovided; means of exit to be marked;arrangements to give warning must be made;windows and doors should open outwards


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Provisions for Safety of workers Sec.

39, 40A

Specifications of defectives : If any buildings or

machine are defective or in dangerous

condition, Inspector may ask for holding tests

or prohibit its use

Maintenance of buildings : Inspector may

specify the measures to be done within a

specific date in case of buildings which mightappear the health and welfare of workers


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Provisions for Safety of workers Sec. 40

B, 41

Safety Officers : State Government may notify

occupier to employ safety officers where there

are 1000+ workers or where any

manufacturing process involves any risk tohealth and safety of workers

Rules : State Government may make rules

providing use of such further devices forsafety as may be necessary


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Provisions relating to Hazardous

Process

Site Appraisal Committees (Sec.41-A) :

Appointed by State Govt.

For advising it in issuing permission of applications forinitial location of a factory involving hazardous process orfor expansion of such factory

Includes Chief Inspector, a representative of Centraland State Board for Prevention and Control of Water

& Air Pollution, representative of dept ofenvironment , meteorological department, townplanning dept, etc


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Process

Site Appraisal Committees (Functions)

Examine the application

Recommend to the State Govt. within 90 days

Have right to call for any information from the

person making the application

No further approval need to be got from other

Pollution boards


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Process Compulsory disclosure of information

Information regarding dangers, including health hazardand measures to overcome such

To be disclosed to

The workers (Occupier informs with prior approval of ChiefInspector)

The Chief Inspector

The local authority within whose jurisdiction the factory issituated

Include accurate information as to quantity, specificationand other characteristics of wastes and the manner oftheir disposal


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Compulsory Disclosure of Information

Policy with regard to health and safety of workers

On-site emergency plan and disaster controlmeasures

Information to Chief Inspector before

commencement (before 30 days ofcommencement the occupier has to inform aboutnature and details of the process in a prescribedformat)

Handling, usage, transportation of hazardoussubstances


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Specific Responsibility of Occupier Maintain accurate and up-to-date health records of

workers who are exposed to any chemical, toxic orharmful substances waste

Appoint person who have qualification andexperience in handling hazardous substances to

supervise and provide all necessary facilities forprotecting workers

Provide for medical examination of every worker

Before assignment of job While on Job and After ceased to work in such job at

intervals not exceeding 12 months


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Power of Central Govt. to appoint

Inquiry Committee

Appointment of Inquiry Committee in the event ofoccurrence of extraordinary situation

To inquire into standards of health and safety

Object : To find out the causes of any failure or neglect inadoption of standards prescribed and may result inaffecting workers or general public

Recommendation is advisory

Membership of the Committee and its tenure ofOffice (determined by Central Govt.)

1 Chairman and 2 Members


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Process

Emergency Standards

Where standards are not prescribed or notadequate

Permissible Limits of Exposure of Chemicaland Toxic Substances

Limits in manufacturing process shall be of valueindicated in Second Schedule added by

Amendment Act of 1987 Central Government may change by notifications

in Official Gazette


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Process

Workers Participation in Safety Management

Appointment of Safety Committee : Equal number

of workers and management representatives in

maintaining proper safety and health at work

Right of workers to warn about imminent

danger

Apprehension of danger to be brought to notice toOccupier


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Process

Penalty for Contravention

2,00,000 Rs. Or imprisonment upto 7 years or

both

If continues additional fine or Rs.5000 for eachday

If still continues, imprisonment extendable to 10

years


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Provisions for Welfare of Workers

Rooms for Washing : Facilities for Washing;

conveniently accessible and kept clean

Storing and Drying : For keeping clothes not

worn during work time; for drying wet clothes

Facilities for sitting : for workers who work in a

standing position

First Aid : One first aid box for every 150

workers; and provision for ambulance room if

more than 500 workers are employed.


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Canteens : If more than 250 workers are

employed; Govt. may prescribe the rules

Shelters, Rest rooms, Lunch rooms : If more

than 150 workers are employed; adequately

lighted and ventilated; Clean

Creches : Where more than 50 women

workers are employed; for use of childrenunder the age of 6


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Welfare Officers : To be appointed where 500

or more workers are employed

Duties of Welfare Officers

Establish contact with a view to maintain harmonious

relations relations between management and workers

Bring to notice of management the grievances of

workers

Promote relations between various departments

Rule : State Govt. may make rules regarding

the welfare of workers


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Working hours of adults

Weekly hours : Not more than 48 hours

Daily hours : Not more than 9hours

Intervals for rest : Continuous working hours

should not exceed more than 5 hours; period

of rest atleast half an hour

Spread over : Periods of work of an adult not

to be more than 10 and a half hours including

periods of rest


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Employment of Women

Maximum daily work is 9 hours Prohibition of night shift work : Can be allowed

between 6.00 am to 7.00 pm

Change of shift only after holiday Other restrictions

Work on or near machinery in motion

Cotton openers

Excessive weights

Creches

Dangerous operations

Fitness granted to female adolescent (considered as an adult)


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Employment of Young persons

Only with Certificate of Fitness

No night shifts

No Double Employment

Notice to be displayed and Register

maintained

Not allowed to work in dangerous operations Only people in the age 15-17 can be employed


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Provisions relating to holidays

Weekly holidays : holiday on first day of week

Compensatory holidays : if his weekly holiday

is not taken then within a month

compensatory holiday equal to number of

holidays lost

Wages during leave period : rate equal to daily

average of his total full-time earnings for dayshe actually worked; if an employee is

terminated after alloting his leave, wages have

to be paid for full leave period


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Provisions relating to holidays

Extra wages for over-time : for more than 9

hrs a day, wage at the rate of twice his

ordinary rate of wages.

Ordinary rate of wages : Basic + allowances

including cash equivalent of concessional sale

to workers on food grains and other articles

unit 3 factories act, 1948

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