THE FACTORIES ACT(1948)

1}SCOPE The Act defines factory as an establishment employing

10 or more workers where power is used, and 20 or more workers where power is not used.

There is no distinction between perennial and seasonal factories.

The 1976 amendment modifies the definition of the term “worker” so as to include within its meaning contract labour employed in the manufacturing process.

The Act applies to the whole of india except the state of jammu and kashmir.

2}HEALTH,SAFETY AND WELFARE The Act provides for the treatment of wastes and effluents so

as to render them innocuous, and for their disposal, the elimination of dusts and fumes, the provision of spittoons, control of temperature, supply of cool drinking water during summerand for the employment of cleaners to keep the water closets clean.

A minimum of 500 cu.ft of space for each worker has been prescribed.

The Act provides that no worker shall be required to lift or carry loads which are likely to cause him injury.

The Act contains a separate chapter relating to specific welfare measures,e.g: washing facilities,facilities for storing and drying clothes,etc.

• The Act specifies that wherein more than 250 workers are ordinarily employeed, a canteen shall be provided.

• The 1976 amendment provides for creches in every factory wherein more than 30 women workers are ordinarily employed.

• In a factory,wherein 500 or more workers are ordinarily employed, there should be a welfare officer.

3}EMPLOYMENT OF YOUNG PERSONS

• The Act prohibits employment of children below the age of 14yrs and declares persons between the ages 15 and18 to be adolescents.

• Adolescents should be duly certified by the “certifying surgeons” regarding their fitness for work.

• Restrictions have been laid down on employment of women and children in certain dangerous occupations.

• Child who has not completed his 14 year of age has been restricted from employment in any factory .

4}HOURS OF WORK The Act has prescribed a maximum of 48 working hours per

week, not exceeding 9 hours per day with rest for atleast ½ hour after 5 hours of continuous work.

For adolescents the hours of work have been reduced from 5 to 4 ½ per day.

The 1976 amendment makes a provision to increase the spread-over period of work of an employee in a factory upto 12 hours from the existing 10 ½ hours.

The total number of hours of work in a week including overtime shall not exceed 60.

5}LEAVE WITH WAGES• The Act lays down that besides weekly holidays, every worker

will be entitled to leave with wages after 12 month’s continuous service at the following rate; adult- one day for evevry 20 days of work, childern- one day for every 15 days of work.

• The leave can be accumulated up to 30 days in case of adults and 40 days in case of children.

6}OCCUPATIONAL DISEASES It is obligatory to the part of the factory management to give

information regarding specified accidents which cause death, seerious bodily injury or regarding occupational diseases contracted by employees.

The Act gives a schedule of notifiable diseases.

7}EMPLOYMENT IN HAZARDOUS PROCESSES

The central government has incorporated a new chapter iv-a by the Factories Act,1987, relating to hazardous processes.

Site Appraisal Committee consisting of Chief Inspector and other members, not more than 14 in number, for examination of service conditions of employees in a factory, involving hazardous processes, is to be constituted for recommendations.

THANK YOU