The Factories Act, 1948 PDF

TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET UNIT VII Labour Legislation The Factories Act, 1948 Factories Act bill was passed om 28th Aug, 1948 and it rece...

TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET UNIT VII Labour Legislation The Factories Act, 1948 Factories Act bill was passed om 28th Aug, 1948 and it received the nod of Governor General on 23rd Sept, 1948. Thus the passed act came into force on 1st April, 1949. It is a social legislation enacted for occupational safety, health and welfare of the workers at work places. Definition: Sec 2 (m) The act defines a “factory” as any premises including the precincts thereof: a) Whereon ten or more workers are working or were working on any day of the preceding twelve months and in any part of which, manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; b) Whereon twenty or more workers are working or were working on any day of the preceding twelve monthsand in any part of which, manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. Manufacturing process:Sec. 2(k) It includes the following a) Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use sale, transport, delivery or disposal, or b) Pumping oil, water, sewage or any other substance; or c) Generating, transforming or transmitting power; or d) Composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or e) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or f) Preserving or storing any article in cold storage. 1|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET Child:Sec. 2(c) It means a person who has not completed his fifteenth year of age. Adolescent: Sec. 2(b)A person who has completed his fifteenth year of age but has not completed his eighteenth year. Young Person:Sec. 2(d) Means a person who is either a child or adolescent. Adult: Sec. 2(a) A person who has completed his eighteenth year of age. Worker: Sec. 2 (l) Means a person employed, directly or by 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 cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union. Approval, Licensing and Registration of Factories (Sec.6) Approval- State Government / Chief Inspector of factories. Registration & licensing of Factories after the payment of prescribed fees. Inspecting Staff Inspectors: (Sec.8) State Government may appoint inspectors of factories and to prescribe their qualifications and conditions of work. State Government may appoint: Chief Inspector of factories who exercise the powers of Inspector in addition to powers conferred on him throughout the state. Additional Chief Inspectors, Joint Chief Inspectors and deputy Chief Inspectors to assist the chief Inspectors. 2|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET Local Public Servant as Additional Inspectors. Every District Magistrate is also an inspector. Power & Duties of Inspectors:(Sec 8-9) Certifying surgeon:(Sec.10) The state Govt may appoint qualified medical practitioners as certifying surgeons. ❖ Provisions related to: Health Safety Welfare Working hours of adult workers Annual Leave with wages ❖ HEALTH Cleanliness:(Sec. 11) Disposal of wastes & Effluents: (Sec. 12) Ventilation & Temperature: (Sec.13) Dust & Fumes: (Sec. 14) Artificial Humidification:(Sec. 15) Overcrowding: (Sec. 16) Lighting:(Sec. 17) Drinking water: (Sec. 18) Latrines & Urinals: (Sec.19) Spittoons: (Sec. 20) 3|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET ❖ SAFETY Fencing of Machinery: (Sec. 21) Work on or near machinery in motion: (Sec. 22) Employment of young persons: (Sec. 23) Striking gear and devices for cutting off power: (Sec. 24) Self-acting machines: (Sec. 25) Casing of new machinery: (Sec. 26) Prohibition of employment of women and children near cotton openers: (Sec. 27) Hoists, Lifts, Lifting machines and others: (Sec. 28-29) Revolving machinery: (Sec. 30) Pressure plant: (Sec. 31) Floor stairs and means or Access: (Sec. 32) Pits, sumps, openings in floors and others: (Sec. 33) Excessive weights: (Sec. 34) Protection of eyes: (Sec. 35) Precautions against dangerous fumes, gases and others: (Sec. 36) Precautions regarding use of portable electric light: (Sec. 36A) Explosive or inflammable dust, gas: (Sec. 37) Precautions in case of fire: (Sec. 38) Specifications of defective Parts or tests of stability: (Sec. 39) Safety of Building and Machines: (Sec. 40 and 40A) 4|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET Safety Officers: (Sec. 40B) The appointment of safety officers was made by an amending Act, 1976, keeping in view the recommendation of the first National Commission on Labour. Condition: 1000 or more workers Qualifications and conditions of service prescribed by State Govt. ❖ WELFARE 1. Washing facilities: (Sec. 42) 2. Facilities for storing and Drying clothes: (Sec. 43) 3. Facilities for sitting: (Sec. 44) 4. First aid facilities: (Sec. 45) ▪ First Aid box not less than one for every 150 workers ordinarily employed in the factory. ▪ One Ambulance room to be provided where more than 500 are ordinarily employed. ▪ These facilities should be available during the working hours of the factory. 5. Canteens, shelters, Rest rooms and Lunch rooms:(Sec.46-47) ▪ Where more than 250 workers are ordinarily employed, it is required to maintain the canteen for the use of the workers. 5|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET ▪ Where more than 150 workers are ordinarily employed, maintenance of shelter or rest rooms and a suitable lunch room must be provided. 6. Creches: (Sec. 48) ▪ Provision of Creches in every factory where more than 30 women workers are ordinarily employed. ▪ Must have adequate accommodation and are to be adequately lighted and ventilated and maintained in clean and sanitary condition. ▪ Trained women are to be appointed to take care of children and infants in the creches. State Govt. empowered to make rules pertaining to the location, standards of construction, furniture, and otherequipments of rooms, additional facilities for the care of children, distribution of free milk or refreshment and regular feeding of children. Welfare officers: (Sec. 49): Condition: 500 or more workers State Govt. prescribes the duties, qualifications and conditions of service of welfare officers. 6|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET ❖ WORKING HOURS FOR ADULTS Daily &weekly hours of work: (Sec. 51,54) ▪ The hours of work for the adult workersnot exceeding 9 hours in a day and 48 hours in a week and for child 4 and ½ hrs in a day [Sec. 71(1)] ▪ The period of work should be such that no workman should work more than 5 hrs continuously. ▪ For Women workers, female and male adolescents below 18 years, should not be engaged in any work between 7 pm and 6 am. ▪ No child is allowed to work during night or between 10 pm and 6 am Intervals for Rest: (Sec. 55) ▪ Every adult worker is to be allowed at least half an hour rest interval after a maximum working hrs of 5 hrs at a stretch. Spreadover: (Sec. 56) ▪ The total hours of the work (including rest hours) are to be spread over not more than 10and ½ hours in a day but the chiefinspector for reason specified in writing may increase the spread over up to 12 hrs. 7|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET No overlapping of Shifts: (Sec. 58) ▪ Working shifts in a factory should be so arranged that they do not overlap each other. No dual Employment:[Sec. 60 and Sec. 71(4)] ▪ No worker whether child or adult, is to be employed on any day on which he has already worked in any other factory. Weekly Holiday: (Sec. 52) ▪ Every workman employed in a factory is to be allowed at least one holiday (period of consecutive 24 hrs) in a week on any day. ▪ The weekly holiday should be such that no worker is required to work not more than 10 days continuously. ▪ If a worker is required to work on a weekly holiday, he is to be allowed to a compensatory holiday for each holiday so lost, within the same month or within 2 months immediately following that month. Extra wages for overtime: (Sec. 59) 8|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET ▪ A worker working for more than 9 hrs in any day or for more than 48 hrs in any week, he shall be entitled to wages at the rate of twice his ordinary rate of wages i.r.o of overtime work. ▪ Sec. 64: The total working hours in a week including overtime hours should not exceed sixty and the total overtime hrs in a quarter should not exceed 50. Notice of Period of work: (Sec. 61, 72) ▪ The manager of factory is required to display the notices of periods of work for adults (Sec. 61) and children (Sec. 72), separately, in the prescribed forms, showing clearly for every day the duration and hours of the work for the workers. ▪ It should be fixed beforehand and can be changed only after prior approval of the inspector. ❖ Exemption of Adult workers from all provisions of working hours for adults: (Sec. 64-65) Under the Control of the state govt, chief inspector of factories, may exempt adult workers in a factory from any or all provisions relating to weekly hours, weekly holiday, daily hours and spread over on the ground that the exemption is required to enable the factory to deal with exceptional pressures of ground subject to conditions: ▪ Daily hours not exceeding 12 hrs. 9|Page TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET ▪ Spread over including interval of rest not exceeding 13 hrs on a day. ▪ Total no. of hours in a week including overtime should not exceed 60. ▪ No worker is to be allowed to work overtime for more than 7 days at a stretch and the total no. of hours of overtime work in any quarter does not exceed 75. ❖ ANNUAL LEAVE WITH WAGES(Sec. 79) Earned Leave: [Sec. 79(1) & Sec.79(2)] Every worker who has workedfor a period of 240 days or more during a calendar year or if his services commence after first of January, then for at least two thirds of the total no. of days in the remaining part of the year, shall be entitled to following leave with wages during the next calendar year: i. For adult, leave of 1 day for every 20 days of work performed. ii. For Child, leave of 1 day for every 15 days of work performed. Wages in lieu of Leave: [Sec. 79(3)] ▪ If a worker is discharged, dismissed, quits employment or superannuates or dies while in service, during the calendar year, he or his heir or nominee shall be entitled to wages in lieu of leave allowable to him for the period immediately before such separation. 10 | P a g e TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET Accumulated Leave: [ Sec. 79(5)] ▪ Leave not availed of during the year can be carried forwardup to 30 days in case of an adult worker and up to 40 days in case of child. ▪ Leave not availed cannot be taken into consideration in computing period of any notice to be given before discharge / dismissal. Application for Leave: ▪ A worker may apply in writing to the manager of the factory, except in case of illness, at least 15 days before the date on which he wishes to avail any or all of the allowable leave to him. ▪ The worker is required to submit the Medical certificate, in case the leave is applied on the ground illness. Notice of Certain accidents: (Sec. 88) ▪ The manager of factory is required to send to the prescribed authorities notice of accidents causing death, or bodily injury by reason of which the injured person is prevented from working for a period of 48 hrs or more and of prescribed accidents. 11 | P a g e TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET ▪ In case of an accident causing death, the concerned authority is required to make an inquiry within a month of the receipt of the notice. ▪ The occupier of the factory where the hazardous process takes place or where hazardous substances are used or handled, is required to set up the safety committee consisting of equal no. of representatives of workers and management. ▪ The main function of this safety committee is to promote cooperation between workers and management in maintaining proper safety and health at work. 12 | P a g e TUTELAGE ACADEMY (APP on Play store) Best You Tube Channel/ Online Academy for NTA-UGC NET 13 | P a g e