Factory Act New

7/30/2019 Factory Act New

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The FACTORIES ACT, 1948

Presented by

Akshat, Henry, Shilpa, Kritika, Priyanka


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120 SECTIONS11 CHAPTERS03 SCHEDULES

142 RULES,10 CHAPTERS41 FORMS/REGISTERS

WHAT THE ACT IS ALL ABOUT?


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F A C T O R I E S A C T

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A Comprehensive law for the persons working at a

specific domain factories.Covers significant issues relating to the personsemployed in factories.

Secures - Safety

Health

Welfare

Regulates - Working Hours


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F A C T O R I E S A C T

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Ensures - Annual leaves with wagesProvides - Additional protection

from hazardous processes

Additional protection towomen workmen

Prohibition of employment of children

Series of amendments have been made time and again to increase the scope of the Act.


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APPLICABILITYApplies to Factories

1. Definite Premises where 10 and more workers;Manufacturing process, Power Section 2m(i)

2. Definite Premises where 20 and more workers;

Manufacturing process; No power Section 2m(ii)3. Act empowers State Government to declare all or any of theprovisions of the Act to apply to any place with an objectiveto secure safety, health and welfare or workmen even thoughthe workers strength is less than the above cited conditions.

Section 85(i)1. Tanning of hides, 2. Electroplating, 3. Manufacturingof specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical substancesas listed under schedule 1 of MAH (K) Rules, 1994.

contd.


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OCCUPIER AND MANAGER are the responsible persons for implementation of the provisions envisaged in the Act.

RESPONSIBLE PERSONS


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OCCUPIERS RESPONSIBILITY

PREVIOUS PERMISSION TO LOCATE THE FACTORY,

SHOULD OBTAIN LICENCE TO THE PREMISES,

LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY,

OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF THE OUTLINEIN THE ACT AND RULES MADE THEREUNDER,

MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURESHE MANAGEMENT AT

THE SITE WITHOUT ANY COMPROMISE,

SHALL ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE HEALTH, SAE

AND WELFARE OF ALL WORKERS WHILE THEY ARE AT WORK.


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RESPONSIBLE PERSON[S]MANAGER? A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF THE FACTORY & FOR THE

PURPOSES OF THE ACT

RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY?

Maintenance of registers, furnishing OT slips, leave cards

Furnishing of returns

Submission of notice to work on Sunday

Intimation about the reportable accidents, dangerous occurrences.

Change in Manager?

With in a weeks Form no. 3A


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APPROVAL/LICENSING APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING:

PROPOSED CONSTRUCTION

EXTENSION TO EXISTING FACTORY BUILDING

FOR INSTALLATION OF MACHINARIES CHANGE IN LAYOUT OFMACHINES

RESITING OF MACHINES APPLICATION SHALL BE MADE BEFORE MAKING ANY CHANGES

THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.

NO CHANGES SHALL BE MADE WITHOUT PRIOR PERMISSION

IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO COMMUNICATION

RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, PERMISSI

APPLIED IN THE APPLICATION SHALL BE DEEMED TO BE GRANTED.


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LICENSINGWHAT IS AMENDMENT/TRANSFER THREE LIMITS ARE MENTIONED IN THE LICENCE.

IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE LICENCE AND CHAIN THE NAME OF THE FACTORY, QUESTION OF AMENDMENT ARISES.

THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.

APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS SPECIFIEDNO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE MADE WITHIN 15 DAYS

DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED UNDER RULOST OR ACCIDENTALY DESTROYED BY PAYING THE FESS OF RS.250/- ALONG W

AN APPLICATION IN T HIS BEHALF

IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR PERMISSTO TRANSFER HIS LICENCE TO ANOTHER PERSON.


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SAFETY

EQUIPMENT SAFETY,

PERSONAL SAFETY

MATERIAL SAFETY PROCESS SAFETY

PERSONAL PROTECTIVE EQUIPMENT

EXCESSIVE WEIGHTS

GENERAL SAFETY MANAGEMENT INCLUDES :


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AUDITS AND ACCREDITATIONS THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING HAZARDO

PROCESSES

AUDITS SHALL BE DONE INTERNALLY ONCE IN A YEAR & EXTERNALLY ONC

TWO YEARS BY A COMPETENT AGENCY ACCREDITED .

AUDIT REPORTS SHALL BE FURNISHED TO THE CHIEF INSPECTOR ALONG WICOMPLIANCE.

IF ANY MODIFICATION IS MADE IN AN INDUSTRY, THE SAFETY REPORTS

REQUIRED TO BE UPDATED.


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Act regulates the working hours for adult workers employed in thefactories

Weekly hours / Daily hours andWeekly holidays

Interval for rest and Extra wages forovertime

Spread over 10 hours 12 hours

Restriction on employment of women

Restriction of double employment


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One day for every twenty days

EligibilityWorked 240 days in a calendar year

his/her service is from beginning of the calendar year

2/3 rd of the calendar year his/herservice begins in the middle of calendar

year

Issue of leave books in Form no. 15

Leave with wages register in Form no.14


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Prohibits the employment of womenfrom 7 pm to 6am.

Prohibits overtime work

Act permits the Government to notifythe factories to employ women workers

up to 10pm with conditions

Government has notified 15 categoriesof factories


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The conditions under which the exemptions is granted are

Written consent from the employee

Free transport up to their residence

9 hours of rest after completion of work to thefresh period of work in the following day

No overtime

Act bars employment of womento clean, lubricate any part of the

equipment

Act bars employment of womenworkers in hazardous processes


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RIGHT OF WORKERS

Every workers shall have the right to

Obtain from the occupier, information relating to workers

health and safety at work

Get trained within the factory wherever possible, or to get

himself sponsored by the occupier for getting trained at atraining centre or institute, duly approved the Chief

Inspector of Factories, where training is imparted on

safety, health and welfare. Report to the Inspector directly or through his

representative in the matter of inadequate provisions for

protection of his health or safety in the factory.


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PENALTY FOR ANY VIOLATIONS

No minimum fine is fixed

Maximum fine fixed is Rs.1,00,000/- or two years imprisonment or

both.

In case of fatal accident if the contravention is noticed from Chapter

IV - Rs. 25,000/- minimumIn case of serious accident Rs. 5,000/-

Enhanced penalty after previous conviction is very severe.

Any contravention under chapter IVA penal provisions are verystringent.


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Primary object of the Act is to protect the workers employed in thefactories against industrial and occupational hazards

Secondary objective of the Act is to secure health, safety, welfare,proper working hours, leave and other benefits for the workersemployed in factories

Factories Act is a social enactment to achieve social reform and itmust receive liberal construction to achieve legislative purposewithout doing violence to the language

Provision of the Act must be given liberal construction.

VIEWS OF THE APEX COURT OF THE COUNTRY


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Thank you

Factory Act New

Documents

Transcript of Factory Act New