Labour law
Transcript of Labour law
To protect human beings from being subject to unduly long hours of bodily strain or manual labour.
It also seeks to provide that employees should work in healthy and sanitary conditions so far as the manufacturing process will allow and that precautions should be taken for their safety and for the prevention of accidents.
Extends to whole of India. Applies to all factories including factories
belonging to Central or any State Government unless excluded.
The benefits available to persons who are employed in the factory and be covered within the meaning of the term "worker“.
"factory" "manufacturing process”
i) Fencing of Machinery sec21(1)
The following must be securely fenced by safe guards of substantial construction while the machinery are in motion or use : i) Every moving part of a prime mover and fly wheel
connected to prime mover, ii) The headrace and tailrace of every water-wheel and water
turbine; iii) Any part of stock-bar which projects beyond the head stock
of a lathe; and iv) unless they were securely fenced, the following, namely, ▪ Every part of electric generator, a motor or rotary
converter; ▪ Every part of transmission machinery; and ▪ Every dangerous part of any other machinery;
Prescription of further precaution by State Government sec 21{2} :
Prescription of further precaution by State Government sec 21{2} 5
Work on near machinery in motion sec (22) : Work on near machinery in motion sec (22)
Examination of machinery motion by a trained adult male worker sec22(1) Restriction on women and young persons sec22(2) 6
Prohibition of Employment of Young Person on Dangerous Machines sec 23(1)
Prohibits employment of young person on dangerous machine unless fully instructed on dangers /precautions and
(i) Received sufficient training in work at the machine, or
(ii) Is under adequate supervision by a person who has a through knowledge and experience of the machine. Sec23(2)
Striking Gear and Devices for cutting off power
Suitable striking gear to be provided, maintained and used sec 24(2) Locking device to prevent accidental starting of transmission machinery sec24 (2) 4) Striking gear and devices for cutting off power sec 24 8
Self-acting machines sec 25 :
Traversing part not allowed to run within a distance of 45 centimetres from any fixed structure. 5) Self-acting machines sec 25
Casing of new machinery sec 26 : Casing prevent danger sec 26(1)( screw, bolds etc)
Penalty sec 26(2)[if any one sells or lets on hire either directly or as an agent, any machine which does not comply with the provisions of sec.26 he shall be punishable with imprisonment up to 3 months or with fine up to Rs.500 or with both] 6) Casing of new machinery sec 26
Prohibition of employment of women and children near coton-openrs sec 27 :
No woman or child shall be employed I any part of a factory for pressing cotton in which a cotton opener is at work. 7) Prohibition of employment of women and children near coton-openrs sec 27
Hoists and lifts sec 28 : Hoists and lifts to be of good mechanical
construction and to be properly maintained and examined once in every 6 months It should be sound material It should be a good construction It should be a adequate strength And it should be sufficiently protected by enclosures fitted with gates 8) Hoists and lifts sec 28
Lifting machines chains, ropes and lifting tackles sec 29 :
Cranes and lifting machines, etc. to be of good construction and to be examined once in every 12 months sec 29(1)(a) Cranes and lifting machines not to be loaded beyond safe working load sec 29(2)(b) Crane not to approach within 6 meters of a place where any person Sec 29(3)(c) 9) Lifting machines chains, ropes and lifting tackles sec 29
Revolving machinery sec 30 : Notice of maximum safe working speed of
grindstone or abrasive wheel, sec30(1) Speed not to be exceed 10) Revolving machinery sec
Pressure plant sec 31 : Safe working pressure not to be exceeded sec 31(1)
Rule-making power of the state government providing for examination and exemption 11) Pressure plant sec 31
Floors, stairs and means of access sec 32 : All floors, steps , stairs, passage and gangways shall be
sound construction and property maintained. Be provided and maintained safe means of access to every place at which any person is at any time required to work. When any person has to work at a height from where he is likely t fall provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working. The restriction is not applicable if the place provides secure foothold and, where necessary, secure handhold. 12) Floors, stairs and means of access sec 32
Pits, sumps, openings in floors, etc sec 33 : Pits, sumps, etc. to be securely covered fenced.sec
33 (1) Exemption sec33 (2) The state govt may, by order in writing, exempt any factory of any vessels, sump, tank, pit or opening from compliance with the above provision sec 33 (2) 13) pits, sumps, openings in floors, etc sec 33
Excessive weights sec 34 : Prohibition on lifting or carrying of excessive
weights sec 34(1) Maximum weighs to be lifted or carried to be prescribed sec34(2) 14) Excessive weights sec 34
Protection of eyes sec 35 : In every factory, screen or suitable goggles
shall be provided for the protection of persons eyes . 15) Protection of eyes sec 35
Precaution against dangerous fumes sec 36 Prohibition on entry into any chamber, tank, vat,
pit, pipe etc. where any gas, fume, etc sec 36(1) Practicable measures to be taken for removal of gas, fume, etc.36(2) 16) Precaution against dangerous fumes sec 36
Precaution against explosive or inflammable dust,gas, etc. sec 37 :
Practicable measures to prevent explosion on ignition of gas, fume etc. sec 37(1) Provision of chokes, vents, etc. sec 37(2) 17) Precaution against explosive or inflammable dust,gas, etc. sec 37
Precaution in case of fire sec 38 : Practicable measures to prevent outbreak of
fire and its spread. Sec 38(1) Safe means of escape for all persons in the event of a fire. The necessary equipment and facilities for extinguishing fire 18) Precaution in case of fire sec 38
Power to require specifications of defective parts or tests of stability sec 39 :
To safety of all event in a working place To carry out the tests in the specified manner and inform the inspector of the results thereof. 19) Power to require specifications of defective parts or tests of stability sec 39
Safety of building and machinery sec 40 : Service of order by inspector on occupier to
take specified measures in case of dangerous building or machinery on plant sec 39 (1) Prohibition of use where danger is imminent sec 39 (2) 20) Safety of buildig and machinery sec 40
Maintenance of building sec sec 40-A : Periodically maintain building 21) Maintenance of
building sec sec 40-A 26Safety officers sec 40-B : Wherein 1,000 or more workers are ordinarily
employed, or Wherein, in the opinion of the State Government by notification in the official GAZETTE employ such number of Safety Officers as may be specified in hat notification sec 40-B 22) Safety officers sec 40-B