FACTORIES ACT 1948 I.

. Applicability The act extends the whole of India including Jammu & Kashmir; factories belonging to Central & State Government; perennial as well as seasonal factories. II. Object to regulate conditions of work in manufacturing establishments (2m) What is a factory 1) means any premises including the precinct thereof where 10 or more workers are /were working on any day of the preceding 12 months, and in any part of which a manufacturing process is carried on the with the aid of power ,or 20 or more workers are/were working on any day of the preceding 12 months, and in any part of which a manufacturing process is carried on without the aid of power. All workers in different groups and relays in a day shall be counted for no: of persons. Manufacturing process :- means any process of: a) making ,altering, repairing , ornamenting , finishing, packing etc for the purpose of use, sale, transport, delivery or disposal. b) Pumping of oil, sewage, water or any substance c) Generating, transforming & transmitting, power; d) Composing types for printing, printing by letter press, lithography ,book binding etc e) Constructing, reconstructing, repairing, refitting , finishing , breaking up ships or vessels To constitute manufacturing process there must be transformation (ie) the finished product must be some thing different from the raw material. 2) Worker 1) a person employed directly or thro agency with or without remuneration is engaged in manufacturing process or in cleaning the machinery or premises or is doing something connected with manufacturing process 2) relationship of master & servant . obligations of workers --> shall not-- i) interfere with or misuse any appliance; ii) does anything likely to endanger himself or others; iii) neglect to use safety measures provided in the factory. Rights --> i) obtain information relating to health and safety; ii) get trained; iii) represent to inspector in case of inadequate health/safety provisions. 3) Power Electrical energy or any form of energy mechanically transmitted and it is not generated by human or animal agency. The occupier may apply to State Govt to treat different departments of the factory as different factories or different factories as one.

III. Definitions :- adult, adolescent , child, young person, power, prime mover, transmission machinery, manufacturing process, worker , factory, occupier , calendar year , day , week, shift & relay , competent person. IV.Approval, licensing & registration 1) Sec.6. Duly completed application - to be submitted to the Chief Inspector or the State Govt, along with prescribed fees; Presumption of permission if nothing is heard within 3 months; Appeal (within 30 days) in case of refusal-- to Central or State Govt. 2) Notice by occupier (S.7 ) The occupier shall at least 15 days before he begins to occupy the premises as a factory , send to the Chief Inspector a written notice as to name & situation of factory; name / address of occupier / owner ; address for communication ; nature of manufacturing process for 12 months; horse power ; name of manager ; number of workers; any other matter that may be prescribed . 3) Duties of Occupier -->Sec 7 a imposes certain duties on the occupier to maintain the plant & system of work that are safe, & to see that provision are made to ensure the health & safety of the workers at work & train them for that; Periodically revise in writing the general policy regarding health & safety & bring it to the notice of the workers Duties of manufacturers -->Sec 7 B : Duties of manufacture etc. as regards articles & substances for use in factories.1) Proper design , construction, testing & information;2) research V. Inspecting Staff Chief inspectors (Sec 8 ) Appointed by the State Govt. by notification in the Official Gazette ; local limits assigned to inspectors to excise powers; May also appoint additional , deputy of joint chief inspectors by notification. All seemed to be public servant. Powers --> Enter the premises ; examine ; enquire any accident ; require the production of any register /document ; seize / take copies of any register / document ; take measurements / photo graphs ; remove / dismantle dangerous articles; exercise any such powers. Medical examinations of young persons; take sample of substance for testing . Penalty for obstructing inspector Rs.10000/- or 6 months imprisonment or both Certifying surgeon S S.10 The State Govt. may appoint qualified medical practitioner as certifying surgeons. Duties - examination / certification of young person; examine persons engaged in dangerous occupation; medical supervision in case of illness in any factory due to manufacturing / change of manufacturing process; where young persons are appointed for dangerous jobs.

VI.Health, Safety, Welfare. Health - (Sec 11 to 20 ) 1) Cleanliness factory to be kept clean; good drainage ; use of disinfectants. 2) Disposal of waste and effluents treatment of waste & effluents & their disposal 3) Ventilation and temperature process producing high temperature to be separated ; 4) Dust & fume Prevention of inhalation or accumulation of dust & fumes, exhaust for internal combustion engine -- to be conducted into the open air 5) Artificial humidification where humidity is artificially increased in any factory, State Govt. may make rules prescribing standards of humidification; water used for artificial humidification must be clean. 6) Over crowding 14.2 cubic meters of space per worker . Any space which is 4.2 meters above the floor level - not to be taken into account (9.9) 7) Lighting - Sufficient & suitable lighting natural or artificial ; glazed windows to be kept clean ; prevention of glare & formation of shadows; State Govt. may prescribe standards of sufficient & suitable lighting to any factory. 8) Drinking Water Suitable points for wholesome drinking water ; drinking points to be legibly marked & away from urinals (beyond 6 meters ); cooling of drinking water in summer in factories where more than 250 workers are normally employed. 9) Latrines and urinals Factories with more than 250 workers -- the toilets shall be of prescribed sanitary types -- floors & internal walls up to 90 cms to be in glazed tiles. 10) Spittoons Sufficient number of spittoons ;display of notice of such provision . penalty Rs.5 Safety (Sec 21 41 ) 1. Fencing of dangerous machinery -- like the prime mover electric generator ; rotary converter every part of transmission machinery ; prescription of further precaution by state govt. head race & tail race of a water wheel .projection in lathe

2. Work on near machinery in motion examination of machine in motion only by trained

adult male members with tight fitting cloths provided by occupier. Restriction on women and young person; The name of the person so engaged shall be entered in prescribed register

***************************************************************************** 3. Employment of young persons on dangerous machines --> not allowed unless he is fully trained and fully instructed as to the dangers or is working under the supervision ; State Govt. shall specify dangerous machines. 4.Striking gear & devices for cutting off power suitable striking gear or other efficient mechanical device shall be provided to move driving belt to and from fast & loose pulleys forming part of transmission machineries. Locking device for automatically off on 5. Self acting machines not allowed to run on its outward or inward traverse within a distance of 45 cms.from any fixed structure which is not part of the machine (where any person is liable to pass) 6. Casing of new machinery casing to prevent danger,(bolt, screw, wheel, toothed / friction gearing shaft, spindle). penalty -> 3 months / Rs.500/- both 7. Prohibition of women and children near cotton-opener Can be employed on the side of the partition where the fed end is situated and not on the delivery end. 8.Hoists & lifts - must be properly maintained & examined once in every six months & Hoist or lift used to carry persons must be provided with gate on each side. 9. Lifting machines, chains , ropes and lifting tackles --> cranes & lifting machines -- to be maintained properly and examined once in 12 months and maintain a register to that effect. Cranes and lifting. machines not to be overloaded; Crane not to approach within 6 mts.of a place where any person is employed; Table showing safe working loads shall be displayed. 10. Revolving machinery Notice of maximum safe working speed of grind stone or abrasive wheel etc. to be kept near machine; speed not to be exceeded ; speed of the shaft or spindle on which the wheel is mounted . 11. Pressure plant any plant or machinery is operated at a pressure above atmospheric pressure measures shall be taken to ensure that safe working pressure is not exceeded. 12. Floors, stairs and means of access of strong construction and properly maintained; safe means of access to every place must be provided; Persons working at a height must be protected by fence or foothold. 13. Pits, sumps, openings in floors etc be securely covered or fenced. 14. Excessive weights Prohibition on lifting or carrying excessive weight which is likely to cause injury to the person; State Govt may prescribe the maximum weight to be carried by an adult man, women, young person ,adolescents.

15. Protection of eyes from injuries caused from particles or fragments thrown off in the course of the process or by excessive light. 16. Precaution against dangerous fumes - Prohibition of entry to the chamber, tank, vat etc, where any gas fume, vapour or dust is likely to be present which is harmful. Measures to be taken for removal of gas ; certified by competent person that the space is free from danger. such person is secured with breathing apparatus and rope. 17. Precaution regarding the use of portable electric light exceeding 24 volts unlesssafety device are provided. 18. Prevention against explosive or inflammable gas , dust - measures to prevent explosion on ignition of gas, fume etc; provision of chokes, vent etc.;measures to be taken to avoid danger where the explosive gas etc under pressure is > than atmospheric pressure. 19. Precaution in case of fire measures to be taken to prevent out break / spreading of fire. Safe means of escape and provisions for extinguishing fire; workers to be trained with means of escape; State Govt. may make rules. 20. Powers to require specifications of defective parts or test of stability - The Inspector may ask the occupier to furnish drawings etc. to determine whether the buildings etc. can be used safely or to carry out tests if he feels that any part of buildings ,machinery etc is dangerous. 21.Safety of building & machinery Service of order in writing by the Inspector on the occupier / manger / both to take specified measures in case of dangerous building machinery / plant . Prohibition of use of such building etc. 22. Maintenance of building Inspector may sent order requiring the occupier / m / both to take specified measures to rectify any danger. 23. Safety officers - Where 1000 or more employees are employed in a factory which is prone to any risk or injury state Govt. may order by notification to appoint safety officers. Provisions relating to hazardous process : Site appraisal committee State Govt. may appoint the committee to advice to it regarding the granting of permission to factory involving hazardous process. (location of factory). Constitution:-- The Chief Inspector of the State is the Chairman ; a representative of the C.Board for the prevention and control of air pollution under the Water (Prevention of Control of pollution) Act, 1974; a representative of the C.Board for the prevention and control of air pollution under the Air (Prevention of Control of pollution) Act, 1981; a rep. of the State Board appointed under the Water (Prevention and Control of pollution) Act 1974; a rep. of the State Board for the Prevention and Control of Airpollution under the Air (Prevention and control of

pollution) Act, 1981; a rep. of the Department of Environment in the State; a rep. of the Meteorological Dept. of the Govt. of India; an expert in the field of occupational health; a rep. of the Town planning Dept. o0f the State Govt.; not more than 5 other members co-opted by the State Govt. who may be persons having specialized knowledge of hazardous process, a rep. of local authority within whose jurisdiction the factory is to be established and not more than 3 persons as deemed fit by the State Govt. Functions of the committee Examine an application for the establishment of a factory involving dangerous process and make its recommendations to the state govt. within 90 days; can call for any information from the applicant. No further approval required either from the central or state board under the water / air (prevention & control of pollution Act ) Compulsory disclosure of information by the occupier 1.Disclosure to the worker, Chief inspector , the local authority within whose jurisdiction the factory is situate and the general public in vicinity about the danger including health hazards & the measures to overcome it 2. Policy with regard to health & safety of the worker - The occupier at the time of registration shall lay down a policy with respect to health & safety of the workers ( in factory involving hazardous process ) & intimate to chief inspector & the local authority. 3. On-site emergency plan & disaster control measures - Shall be made with the approval of chief inspector inform it to workers / public in vicinity. 4. Information to chief inspector before commencement within 30 days about the hazardous process to be carried on in prescribed manner. Contravention of this provision license liable to be cancelled 5. Handling , usage, transportation of hazardous substances - with previous approval of Chief Inspector- lay down measures for handling etc of hazardous substances inside the factory & for disposal out side the factory. Responsibility of a factory involving hazardous process Maintain health/ medical record of workers exposed to chemical, toxic or any harmful substance which are manufactured, stored, handled or transported: appoint qualified person competent to supervise and provide necessary facilities for protecting the workers; provide for medical examination before, while continuing and after he has ceased to work at intervals not exceeding 12 months. Power of Central Govt to appoint inquiry committee In the event of occurrence of an extraordinary situation involving a factory engaged in a hazardous process the Central Govt may appoint an inquiry committee to inquire into the standards of health and safety observed in the factory & to find out the causes of

any failure or neglect in adoption of safety measures & to prevent the recurrence of such situation . The committee shall consist of a Chairman +2 members. Their tenure of office & terms -- to be determined by Cent.Govt. Recommendation of the committee is advisory. Emergency standards where standards of safety in hazardous process has not been prescribed or is inadequate the Central govt. may direct the Director General of Factory Advice Service and Labour Institutes or any Institution specialised in it to lay down emergency standards for enforcement . The second schedule in the Act lays down permissible levels of exposure of chemicals & toxic substance in manufacturing process. Central govt. may make changes. Workers participation in safety management Safety committee - Occupier shall appoint - consisting equal number of representatives of workers and management to promote co-operation between workers and management in maintaining proper safety and health at work. Tenure of office, right & duties shall be such as may be prescribed. Right of workers to warn about imminent danger to the occupier. The occupier / agent/manager /person incharge shall take immediate remedial action . Penalty - For contravening provision of sec 41-B - compulsory disclosure of information by occupier. 41-C -- Responsibility of occupier in relation to hazardous process. 41-H Right of workers to warn 7 Years imprisonment / 2 lakhs fine if the contravention continues a fine of Rs. 5000/- for every day. 10 years imprisonment is contravention continuos beyond 1 year after conviction. Welfare (Sec. 42-50)

1) Washing facilities man / woman separately . Easy accessibility.

2) Facilities for storing & drying clothing

3) Facilities for sitting for workers obliged to work in a standing position; seating
arrangements for workers doing work that can be done in a sitting position.

4) First aid appliances One first aid box for every 150 workers, readily accessible during
working hours, with prescribed contents. Kept in charge of a separate responsible person

holding a certificate on first aid treatment recognized by State Govt. must be always available during working hours . 5) Canteens where more than 250 employees are regularly working the State Govt. may order for the provision of canteen or canteen of set the rules. Provisions in rules the rules deal with standard in respect of construction / accommodation /furniture equipment ; food stuffs to be served & cost / expenditure in running the canteen not to be included in cost & shall be borne by the employer; the delegation of the powers to make rules to the chief inspector; representation of workers in the management of the canteen by forming a committee. 6) Shelters / rest rooms / lunch rooms where more than 150 workers are ordinary working provision for s/r/l room with drinking water. It shall be sufficiently lighted & ventilated. 7) Creches factories employing more than 30 woman workers for children under 6 years crches to be adequately lighted / ventilated & under the charge of a trained woman ; prescription of rules by State Govt -- for additional facilities like for washing / changing their cloths , free milk/ refreshment for both children & mothers. 8) Welfare officers where 500 or more employees are employed the occupier shall employ such number of welfare officers as may be prescribed . Duties/ qualification / conditions of service to be prescribed by the state govt. VII. Working Hours Daily an adult not more than 9 hours a day. Weekly not more than 48 hours a week. Intervals atleast half an hour after 5hrs of work. Shall not exceed in any case 6 hrs at a stretch. Spread over / night shifts & over lapping shifts Adult The work can be spread over including period of rest , not more than 10% hrs a day can be incresed by Chief Inspector upto 12 hrs giving reasons in writing. Night shifts Compensatory holiday for 24 hours; beginning from the end of the shift & the hours he has worked after mid night shall be counted in the previous day. Prohibition of over lapping shifts Work shall not be carried on in any factory, of shifts so arranged that more than one relay of workers is engaged in work of same kind at the same time. Exemption by Chief Inspector or State Govt. Extra wages for over time

Wages twice the ordinary rate for workers working more than 9/48 hours a day / week . Ordinary wages rate basic + such allowances Workers paid on piece rate basis The time rate for them is equivalent to their daily average of their full time earnings for the days on which they actually worked on the same or identical job during the preceding calendar month. Cash equivalent of the concessional sale of food, grains etc.--> calculated on the basis admissible to standard family. (Worker, his/her spouse, 2 children below 14) State Govt may make rules . A register shall be maintained. Restriction on double employment -> No adult is allowed to work on 2 factories simultaneously. Notice of periods of work for adult workers.-Notice to be displayed at some conspicuous place periods to be fixed before hand. Classification of workers where all adult workers are not required to work during the same periods, the manager can classify them into groups & fix the periods during which the group may be required to work. Where any group is to work on a system of shift & the time is predetermined a scheme shall be drawn, if the time is not predetermined, than the manager shall fix the period. The State Govt. may prescribe the form of notice of periods of work for adult & a copy shall be sent to the Inspector. Any change in the system of work shall be notified to the Inspector. Register of adult workers The manager of every factory must maintain a register for adult workers specifying his name, nature of work, if working in shift the relay to which he is allotted & the group to which he belongs. Muster-roll / register regularly maintained may be treated as register of adult workers Employment of young persons

1) Prohibition of employment of young children not completed 14th year . 2) Non- adult workers to carry tokens child who has completed 14th year or adolescent shall
work if a certificate of fitness is with the manager & he carries a token to that effect. The certificate enables the child of 14 to work as child & an adolescent as an adult. Certificate of fitness To be given by certifying surgeon. He shall examine the place of work and manufacturing process before giving such certificate. The manager shall give a document signed, that if he is certified , he will be employed certificate either as a child or an adult. Certificate is valid for 12 months & can be renewed. The fees shall be payable by employer. Male / female adolescent shall work only between 6am & 7pm .State Govt. may vary the limit . But female adolescent shall not work between 10pm & 5am.

Child Not more than 4 hours & during night shall be limited to 2 shifts. Each child one shift. Entitled for weekly holiday. Prohibition of child who is already working in a factory. Female child to work between 8am to 7pm. Register of child workers Shall be maintained by the manager showing the name, nature of work, the group in which he is of the relay , the number of his certificate of fitness state govt. may specify the format must be available during working hours for inspection by chief inspector. Power to required medical examination by Chief Inspector If he feels that the young person is without certificate of fitness or he is no longer fit to work. Power to makes rules. The State Govt. may prescribe the format & procedure regarding issue of the certificate. Safety provisions for young persons. Not to work on machine in motion ; dangerous machine , cotton openers etc. Employment of women 1. Work on or near machinery in motion. 2. Prohibition of employment near cotton openers 3. Creches 4. Working hours 48 /9 week /day 6am to 7pm; not between 10pm & 5am at any time . Exemption in cases where they work in fist-cutting or fish canning factory. Annual leave with wages (S.78) Rules : Leave entitlement one day for every 20 /15 days of work for adult / child should have worked for 240 days in a year. Computation of 240 days period of lay off , maternity leave for 12 weeks & the leave earned in the previous year. If a worker is discharged, dismissed or quits or is ---- or dies while in service he / his nominee shall be entitled for wages. Unavailed leave Shall be carried over to the subsequent year- not more than 30 / 40 days totally for adult / child Application for leave Made in writing to the manager at least 15 days ahead. In public utility service 30 days ahead. Scheme for grant of leave Where 100 or more workers are woring a scheme along with the workes committee shall be drawn & with Chief Inspector . The scheme shall be displayed in a

cospicuous place in the factory & is in force for 12 months. Refusal of leave to a worker must be in accordance with the shceme. Mode of recovry unpaid wages Shall be recoverable as delayed wages from the employer . State govtg.may make rules state govt. may exempt factories from the provisions of leave rules , if the rules in the factory is better.