Indian Factories Act, 1948
Indian Factories Act, 1948
Indian Factories Act, 1948
Pramod Sravan B
Introduction
The first factories act was passed in India in 1881. This act was basically designed to protect women and children and provide few measures for health and safety of workers. The law was applicable only to factories which employed 100 or more workers. In 1891 another Factories act was passed and was applicable to factories which employed 50 or more workers.
About
Factories Act 1948 includes
Health Safety Welfare Working hours of adults Annual leave with wages
Factory
Factory means any premises including the precincts therefore
Wherein 10 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 Wherein 20 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.
Factory does not include a mine as it is covered by Indian Mines Act, 1952 or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
Manufacturing Process
Manufacturing Process means any process for
Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal, or Pumping oil, water, sewage or any other substance, or Generating, transforming or transmitting power, or Composing types for printing, printing by letter press, lithography taking photography and other similar process or book binding; Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or Preserving or storing any article in cold storage.
Definitions
Day - A period of 24 hours beginning at midnight. Week A period of 7 days beginning at midnight on Saturday night Calendar year A period of 12 months beginning the first day of January in any year. Power Electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency. Prime mover Any engine, motor or other appliance which generates or otherwise provides power
cont.
Floors, stairs and means of access Pits, sumps, opening in floors and others Excessive weights Protection of eyes/precautions against dangerous fumes, gases and others Precautions regarding use of portable electric light Explosive or inflammable dust, gas Precautions in case of fire Specifications of defective parts or tests of stability Safety of buildings and machines Safety officers
Hazardous processes
Provisions regarding hazardous process were instructed in the Act under a new chapter by the factories (Amendment) Act, 1987. This act instructed two new schedules: Listing the industries involving hazardous process Relating to permissible levels of certain chemical substances in work environment.
cont.
Appointment of inquiry committee Emergency standards Permissible limits of exposure of chemical and toxic substances Workers participation in safety management Right of workers to warn about imminent danger
Offences
A court can take cognizance of the offence only when the complaint is made within 3 months of the date on which the alleged commission of the offence came to the knowledge of the inspector, but where the offence consist of disobeying a written order made by an inspector, complaint may be made within 6 months of the commission of the offence.
Penalties
General penalties for offence Penalty for the contravention of provisions relating to hazardous process Penalty for obstructing inspector Penalty for wrongfully disclosing results of analysis Penalty relating to casing of new machinery Penalties for offences by workers and parents Penalty for offence by a medical practitioner Penalty for employing child Labour
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