LWIR

FACTORIES ACT 1948FACTORIES ACT 1948

By

Manikandan

Nagalakshmi

Neha

Nithya

Paari

Prema

INTRODUCTIONThe Factories Act, 1948 came into force on the 1st day of April,1949 and extends to the whole of India.

It was, in fact, extended to Dadra & Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu & Kashmir in 1970.

The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.

THE FACTORIES ACT, 1948.

CONTD… In India there are millions of industrial workers engaged in work

and these workers are exposed to various kinds of risks and health hazards in their work places.

Even though there are stringent measures to enforce safety, a large number of industrial accidents occur every year resulting in loss of life or disablement of the workmen.

Any loss of life or disablement has an adverse effect on the earnings of the workmen and their dependents.

The Factories Act, 1948 was, therefore, enacted and came into force with the objective to provide adequate compensation to the affected persons.


THE FACTORIES ACT, 1948

DEFINITION OF A FACTORY

“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereof-

i. Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or

ii. Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on;


The following have held to be a factory:-

i. Salt works

ii. A shed for ginning and pressing of cotton

iii. A Bidi making shed

iv. A Railway Workshop

v. Composing work for Letter Press Printing

vi. Saw Mills

vii. Place for preparation of foodstuff and other eatables

OBJECTIVESOBJECTIVESIt protects the interest of the workmen.It ensures better working condition in the workplace.It prevents the employers from taking undue advantages on

workmen because of their weaker bargaining power.It regulated the conditions of employment of young

persons and women.It provides for safe and healthy working condition inside

the factories.It requires the employer to take certain minimum steps for

the welfare of the workers.It ensures uniformity in the number of working hours and

leave with wages.


SCHEME OF THE ACT

The Act consists of 120 Sections and 3 Schedules.

• Schedule 1 contains list of industries involving hazardous processes

• Schedule 2 is about permissible level of certain chemical substances in work environment.

• Schedule 3 consists of list of notifiable diseases.


APPLICABILITY

• Applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months.

• Factories specially notified under Section 85 of the Factories Act by the State Govts./Union Territories.


PROVISIONS OF THE ACT

FACILITIES AND CONVENIENCES CleanlinessDisposal of wastes and effluentsVentilation and temperaturePermissible limits( dust and fumes) Artificial humidificationOvercrowdingLightingLicensingNo young people should be allowed

in dangerous machines


Welfare Safety Working hours Overtime wages Record of workers Certifying Annual leave Special provisions like notification of accidents,

diseases etc


MEASURES OF THE ACT

There are three measures followed by this act

• Health • Safety• Welfare


1.Health Measures

i) Cleanliness ii) Disposal of waste and effluents iii) Ventilation and temperature iv) Dust and fume v) Artificial humidification vi) Overcrowding vii) Lighting viii) Drinking Water ix) Latrines and urinals X) Spittoons


2.Safety Measures

I) Fencing of machinery II) Safety Measures in case of work on or near machinery in

motionIII) Restriction on woman or Young Person to Work an

Such Machines IV) Employment of Young Persons on Dangerous MachinesV) Striking gear and devices for cutting off power VI) Self-acting machinesVII) Casing of new machineryVIII) Prohibition of employment of women and children

near Cotton Openers


contd…IX) Hoists and LiftsX) Revolving machineryXI) Pressure plant XII) Floors, stairs and means of access XIII) Pits, sumps, opening in floors etc. XIV) Excessive weightsXV) Protection of eyes XVI) Precautions against dangerous fumes, gases, etcXVII) Precautions in case of fireXVIII) Safety of Building & MachineryXIX) Safety officer


3.Welfare Measures

I) Washing facilitiesII) Storing and Drying of ClothesIII) Facilities for sitting IV) First-aid appliancesV) Canteens VI) Shelters, rest rooms and lunch rooms VII) Crèches IX) Welfare Officer



• Weekly hours not more than 48.

• Daily hours, not more than 9 hours.

• Intervals for rest at least ½ hour on working for 5 hours.

• Spread over not more than 10½ hours.

• Overlapping shifts prohibited.

• Extra wages for overtime double than normal rate of wages

• Restrictions on employment of women before 6AM and

beyond 7 PM.

4.Working hours, spread over & overtime of adults


• A worker having worked for 240 days @ one day for

every 20 days and for a child one day for working of 15

days.

• Accumulation of leave for 30 days.

5.Annual leave with wages


OFFENCE PENALTIES

·For contravention of the Provisions of the Act or Rules

·Imprisonment up to 2 years or fine up to Rs.1,00,000 or both Rs.1000 per day·On Continuation of contravention

·On contravention of Chapter IV pertaining to safety or dangerous operations.

·Not less than Rs.25000 in case of death.·Not less than Rs.5000 in case of serious injuries.

·Subsequent contravention of some provisions

·Imprisonment up to 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000.

·Obstructing Inspectors ·Imprisonment up to 6 months or fine up to Rs.10, 000 or both.

·Wrongful disclosing result pertaining to results of analysis. ·Imprisonment up to 6 months or fine

up to Rs.10, 000 or both.

·For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

·Imprisonment up to 7 years with fine up to Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day.•Imprisonment of 10 years when contravention continues for one year.

Sec.92 to 106

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