Initiation of Act

• Industrialization in 18th

century cased rapid establishment and development of industries

• As it all was started

without planning the employment was given to

women and children and they started working

for more than 12 hours a day

Critical Conditions

No control over the conditions of the employment of workmen

Employer used to bargain with the employees

Child employment was predominant in factories

Introduction of machine and new processes lead to serious accidents and deaths

There was no stipulated time for working

Act in India

• Established first in 1881

• Designed to protect children and to provide few measures of healthto workers

• Earlier Applicability: 100 or more no of employees

• In 1891- improved applicability: 50 or more no of workers

• Noble and comprehensive labour legislations

• Covers all aspects related to workers employed in factories…

Secures-Safety and Health

Regulates- Working Hours

Ensures- Annual leaves with wages

Provides- Additional protection » from hazardous processes;

» to women workers

» Prohibition of employment of children

Factories Act,1948

• Came into force on 1st April, 1949 in India Dadra & Nagar Haveli, Pondicherry- 1963

Goa- 1965

Jammu & Kashmir- 1970

• The Act was amended several times in 1949, 1950, 1954, 1956, 1976, 1989.

major amendment were caused because of BHOPAL GAS TRAGEDY occurred on 3rd

December, 1984.

Factories Act,1948

Factories Act,1948

Provisions based on ILO conventions and recommendations

120 provision covered under 11 chapters

Constitutional provision; fundamental rights and directive principles

3 schedules

Chapters in Factories Act, 1948

1. Preliminary2. The Inspecting Staff3. Health4. Safety5. Provisions relating to

Hazardous processes6. Welfare7. Working hours of adults8. Employment of young

persons9. Annual leave with wages10. Special provisions11. Penalties and procedure

Section Term Specification

Section2(m) Factory 10 or more workers; manufacturing aided with power or 20 or more workers; manufacturing without aid of power [doesn’t include mobile unit belonging to armed forces, railway shed, hotel, restaurant or any eating place

Section 2(a) Adult Who has completed 18th year of age

Section2(b) Adolescent Age above 15year but less than 18th year

Section2(bb) Calendar Year 12 month period starting from1st January

Section2(c) Child Age less than 15 year

Section2(ca) Competent Person ---

Section2(cb) Hazardous Process Any process or activity that;(i) cause material impairment to the health (ii) result in the pollution of the general

environment

Preliminary

Preliminary

Section Term Specification

Section2(d) Young Person Child or Adolescence

Section 2(e) Day Period of 24 hours beginning at midnight

Section2(f) Week period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories

Section2(g) Power electrical energy, or any other form of energy, which is mechanically transmitted and is not generated

Section2(h) Prime Mover any engine, motor or other appliance, whichgenerates or otherwise provides power

Section2(i) Transmission machinery

any shift, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime-mover is transmitted to or received by any machinery or appliance

Transmission machinery

ShiftsWheel

Pulley

Coupling

Drum

Driving Belt

Clutch

Preliminary

Section Term Specification

Section2(j) Machinery prime-movers, transmission machinery and allother appliances, whereby power is generated, transformed, transmitted or applied

Section 2(k) Manufacturing Process

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting 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; or(v) constructing, reconstructing,, repairing, refitting,

finishing or breaking up ships or vessels; or(vi) preserving or storing any article in cold storage

Preliminary

Section Term Specification

Section2(l) Worker person employed in any manufacturing process, •directly or by or through any agency (including a contractor) •with or without the knowledge of the principal employer•whether for remuneration or not

•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)

Preliminary

Section Term Specification

Section2(n) Occupier the person, who has ultimate controlover the affairs of the factoryProvided that-(i) in the case of a firm or other association of individuals,

any one of the individual partners or members thereof shall be deemed to be the occupier;(ii) in the case of a company, any one of the directors, shall

be deemed to be the occupier:(iii) in the case of a factory owned or controlled by the

Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier (Shipment)

Preliminary

Section Term Specification

Manager Person responsible to occupier for the working of the Factory. He has to be nominated by the occupier(SC Judgment during 1996)

Section2(p) Prescribed prescribed by rules made by the State Government under this Act

Section2(r) Shift where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a "group" or "relay" and each of such periods is called a "shift”

Health

Cleanliness

Workplace should be

clean and safe

floor at lest once a week

Effective means of draining

White wash every 14

weeks

Paint/ Varnish every 5 Years

Disposal of wastes and

effluents

Make effective arrangement

Follow rules

Disposal of wastes and

effluents

Maintain Ventilation

Temperature

Humidity

Provision regarding

excess heat

Dust and fume

Measure to prevent

Inhalation or accumulation

Exhaust application near source

Artificial humidification

Maintain limits

Use of water

To clean artificial

humidification

Overcrowding

14.2 cubic meter space

Max No of employees in

a room

Lighting

Sufficient & Suitable

Windows & skylights

Preventing shadows

Drinking water

Drinking(wholesome) water

Drinking marks

Distance 6 meter

Cool water facility (>250 employees)

Latrines and urinals

Male & Female

cleaning

Spittoons

Sufficient no

No person shall spit around

Punishment

Health

Safety

• moving part of a prime-mover and every fiywheel

• headrace and tailrace(water-wheel and water-turbine)

• part of a stock bar (beyond the head stock of a lathe)

• Government Rules

Fencing of Machinery (Sec -21)

• while the machinery is in motion

• only by a specially trained adult male worker wearing

• No woman or young person

• State Govt may prohibit any person when plants are in motion

Work on or near machinery in motion(Sec- 22)

• No young person shall allowed to work

• received sufficient training or is under adequate supervision

• Machines prescribed by State Government (not to work at them unless the foregoing requirements are complied with )

Employment of young persons on dangerous machines( Sec-23)

Safety

• striking gear to move driving belts (constructed, placed and maintained -preclusions when not in use)

• cutting off power in emergencies

• device, which can inadvertently shift from "off" to "on"

Striking gear and devices for cutting off power (Sec-24)

• No traversing part of a self-acting machine(45 cm from any fixed structure)

• Chief Inspector may permit the continued use of a machine after ensuring safety

Self-acting machines (Sec- 25)

• machinery driven by power and installed after the commencement of this Act

• Each small part shall encased

• punishable with imprisonment for 3 months or with fine which may extend to 500 Rs or with both

Casing of new machinery( Sec-26)

Safety

• No woman or child shall be employed

• feed-end of a cotton-opener is in a room separated from the delivery end (may be employed on the side of the partition)

Prohibition of employment of women and children near cotton-openers (Sec-27)

• construction, sound material and adequate strength; maintained at least once 6 months & registered

• no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides

Hoist and lifts(Sec- 28)

• Maintenance and examinations; Limited load; 6 meter

• State Government may make rules

• thoroughly examined if a visual

• examination supplemented and replacement of parts

Lifting machines, chains, ropes and lifting tackles( Sec-29)

Safety

• process of grinding is carried shall be permanently affixed

• Speeds shall not be exceeded

• Effective measure shall be taken peripheral speed shall not exceed

Revolving machinery (Sec-30)

• ensure that the safe working pressure

• State Government may make rules

• testing of any plant or machinery

Pressure plant (Sec- 31)

• shall be kept free from obstructions and substances (provided with handrails)

• maintained safe means of access

• work at a height

Floors, stairs and means of access ( Sec-32)

Safety

• either securely covered or securely fenced

• State Government may, by order in writing, exempt,

Pits, sumps, openings in floors, etc.(Sec-33)

• No person shall be employed carry or move any load so heavy as likely to cause him an injury

• State Government may make rules prescribing the maximum weights

Excessive weights. (Sec- 34)

• shall be kept free from obstructions and substances (provided with handrails)

• maintained safe means of access

• work at a height

Protection of eyes( Sec-35)

Safety

• No person shall be required or allowed to enter (unless it is provided with a manhole of adequate size or other effective means of egress)

• certificate in writing; wearing suitable breathing apparatus and a belt securely attached to a rope

Precautions against dangerous fumes, gases, etc(Sec-36)

• Voltage exceeding 24 volts shall be permitted for use

• flame-proof construction

Precautions regarding the use of portable electric light (Sec- 36 A)

• effective enclosure of the plant or machinery ;removal or prevention of the accumulation; exclusion or effective enclosure of all possible sources

• practicable measures shall be taken to restrict the spread and effects of the explosion

• Excess pressure – shall not be open; explosive shall not be welded

• Government guidelines

Explosive or inflammable dust, gas, etc( Sec-37)

Safety

• safe means of escape for all persons & necessary equipment for extinguishing fire

• Effective measures to ensure that all the workers are familiar with the means of escape

• Government guidelines

Precautions in case of fire(Sec-38)

• Inspector may serve an order in writing requiring him before a specified date to

• Provide Safety measures

• Test & maintenance

Power to require specifications of defective parts or tests of stability(Sec- 39)

• Inspector may serve an order in writing requiring him before a specified date to

• prohibit its use until it has been properly repaired or altered

Safety of buildings and machinery( Sec-40)

Safety

• measures which in his(Inspectors) opinion should be taken and requiring the same to be carried out

Maintenance of buildings(Sec-40A)

• 1000 or more workers or opinion of the State Government

• employ such number of Safety Officers as may be specified in notification

• duties, qualifications and conditions of service of Safety Officers shall be prescribed by the State Government

Safety Officers(Sec- 40B)

• State Government may make rules as it may deem necessary

Power to make rules to supplement this Chapter( Sec-41)

Welfare

• Adequate and suitable facilities-separate for male and females- shall be kept clean

• Stat government may prescribes standards

Washing facilities

Facilities for storing and drying clothing

Facilities for sitting

• Shall not be less than 1 for every 150 workers

• Factory having more than 500 employees shall keep ambulance room with medical and nursing staff (doctor, nurses and dresser/compounder)

First-aid-appliances

Welfare

• More than 250 workers

Canteens

• More than 150 workers

• no worker shall eat any food in the work-room

• sufficiently lighted and ventilated-maintained cool & clean condition.

Shelters, rest-rooms and lunch-rooms

• More than 30 women

Crèches

• 500 or more workers

• Lady welfare officer in case of more no of women employees

Welfare Officer

• >30 women-1 crèches for below 6 years

• lighted and ventilated-maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.

• Stat government may prescribed rules…– location and the standards– additional facilities for the care of

children & facilities for washing and changing their clothing

– free milk or refreshment– Mothers of such children to feed

them at the necessary intervals

• 500 or more workers

• Workers >2000- 1 AWO

• Duties and Services of officers

• Qualifications: 1. Degree in Arts/Science/Commerce or in

Law of any University;

2. Degree or Diploma in Industrial Relations and Personnel Management covering Labour Welfare, as special subject

3. Person who is directly or indirectly interested in any factory or any patent of machinery cannot be appointed as a welfare officer.

4. knowledge of regional language.

• Written Concern

• Free transport

• 48 hours a week & 9 hours a day

• No change of shifts except after a weekly holiday and No overtime work

• Act bars women;– between the hours of 10 P.M. and 5 A.M.

– Cleaning or lubricating

– Hazardous Process

• Women working in fish-curing or fish canning factories

• Bars employment of person below 14 years of age

• Certificate of fitness & token for child (child- age between 14-15; adolescent age between 15-18)

• Working hours– For child- 4 and half hours a day – Adolescent- similar to adults

• Double employment of child is prohibited

• Bares employment of child in dangerous machineries and processes

• One day for every 20/15 day

• Eligibility:

– 240 days in calendar year(beginning of his/her services)

– 2/3rd of calendar year– Issue of leave book

– Maintenance of register

– In case of discharge/dismissal benefit shall be settled immediately

• ½ day or more would be consider full day of working if less than ½ day work is omitted

• Un-availed leave- carry forward (not exceeding 30/40)

• More than 48 hours a week or 9 hours a day- twice the rate of ordinary wages – Ordinary wages include basic wage

plus allowances but not bonus

• Piece rate basis• Advantages equivalent to cash

(quantity- admissible to a standard family )

• During overtime also inclusive intervals shall be provided

• Work hours 60 per week • Overtime 50 per quarter(75

special case)

• Work overtime-> 7 days stretch

1. "Standard family" means a family consisting of the worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.2. "Adult consumption unit" means the consumption units of a male above the age of fourteen years, and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6, respectively of one adult consumption unit.