GSB-MBA- TM III Business Law

Unit III -Factories Act 1948

Factories Act 1948

The Factories Act 1881 - Earliest legislation for ameliorating the working conditions and the environmentt of workmen in factories concerned with the health, safety and welfare of workers Other legislations are; The Plantation Labour Act 1951 Mines Act 1952 Motor Transport Workers Act 1961 Shops and Establishments Act 1953 Sales Promotion Employees (conditions and Service) Act 1976
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Factories Act 1934 was the result of the Royal Commission on Labour, amended and consolidated in 1948 and was further amended in 1954 provided for prevention of employment of women and children during night amended in 1987 to regulate handling of hazardous substances and starting of such industries.
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Objectives > To ensure safety measures, > to promote health and welfare of workers Definitions Adolescent one who has completed 15 but not 18 Adult" means a person who has completed his eighteenth year of age Child below 15 Young person either a child or adolescent. 4

Factory Any premises or its boundaries, where,10 or more workers are employed in manufacturing, with power or 20 or more without power, during the preceding 12 months.
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Hazardous process - any work or process which might result in material impairment to the health of persons engaged in or connected therewith or causes pollution of the environment.
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 Manufacturing process" means any process for- (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or (ii) pumping oil, water, sewage or any other substance; or (iii) generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (vi) preserving or storing any article in cold storage; 7

 Worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, but does not include any member of the armed forces of the Union 8

 Prime mover" means any engine, motor or other appliance which generates or otherwise provides power Under the Act the occupier is responsible for all compliances and in the case of an incorporated company the Director on the board of the company must be designated for the purpose of an occupier. Failing which all directors could become liable.
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General duties of the occupier

The occupier shall > ensure, the health, safety and welfare of all workers while they are at work in the factory. > prepare, a written statement of his general policy with respect to the health and safety of the workers bring such statement and any revision thereof to the notice of all the workers.
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 State government may i. appoint - Chief Inspector, - Additional Chief Inspectors, - Joint Chief Inspectors - Deputy Chief Inspectors and - Inspectors of factory ii. Prescribe their duties and qualifications .

Inspectors of Factory

Every District Magistrate shall be an Inspector for his district. Every inspector is deemed to be a public servant within the meaning of the Indian Penal Code . 11

Powers of Inspectors
> Enter factory premises for investigation
> Examine the premises > inquire into any accident or dangerous occurrence > require the production of any prescribed register or document seize, or take copies of, any register, record or other document > take measurements and photographs and make such recordings > exercise such other powers as may be prescribed > no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself
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Cleanliness
Every factory > shall be kept clean and free from effluents, > accumulation of dirt and refuse shall be removed daily > floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant , > effective means of drainage shall be provided and maintained > all inside walls and partitions, ceilings, doors, windows shall be painted at prescribed 13 intervals .

Disposal of wastes and effluents

Effective arrangements shall be made for the treatment of wastes and effluents caused due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.
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Ventilation and temperature

Suitable provision shall be made in every factory for > adequate ventilation by the circulation of fresh air > such a temperature as will secure to workers reasonable conditions of comfort and prevent injury to health > walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as 15 practicable .

Dust and fume

Effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.
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Artificial humidification
Factories in which the humidity of the air is artificially increased, State government shall prescribe > the standard of humidification > the water used for the purpose shall be taken from a public supply, or other source of drinking water, and shall be effectively purified before it is so used.
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Overcrowding
There shall be 4.2 cubic metres of space for every worker employed therein. notice specifying the maximum number of workers, which can be employed in any work room shall be displayed in the premises .

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Lighting
In every part of a factory sufficient lighting shall be maintained, All glazed windows and skylights used for the lighting of the workroom shall be kept clean, Provision shall be made for the prevention of glare, either directly from a source of light or by reflection from a smooth or polished surface, Formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker shall be prevented.
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 Adequate facilities for wholesome drinking water shall be made at convenient places in the factory. All such points shall be legibly marked "drinking water. No such point shall be situated within six metres of any washing place, urinal, latrine, spittoon, open drain carrying silages or effluent or any other source of contamination. Factories wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for coolng drinking water during 20 hot weather.

Drinking water

Latrines and urinals

Sufficient latrine and urinal of prescribed types shall be provided separately for male and female workers. They should be properly lighted and ventilated, No latrine or urinal shall communicate with any workroom except through an intervening open space or ventilated passage, Be maintained in a clean and sanitary condition at all times; Sweepers shall be employed to clean latrines, 21 urinals and washing places.

Spittoons
In every factory sufficient number of spittoons shall be maintained in convenient places and they shall be maintained in a clean and hygienic condition. No person shall spit within the premises of a factory except in the Spittoons provided for the purpose. Whoever spits in places other than spittoons within factory premises shall be punishable with fine not exceeding five rupees. 22

WELFARE Sec 42-50

Facilities for washing shall be provided and maintained for the use of the male and female workers separately. (42) Such facilities shall be conveniently accessible and shall be kept clean Facilities for storing and drying cloth (43) Suitable arrangements for sitting shall be provided and maintained for all workers. (44) First-aid boxes or cupboards, equipped with the prescribed contents - one for every one hundred and fifty workers must be in charge of a person trained in first aid. (45) 23

 Ambulance room in every factory wherein more than five hundred workers are employed . Canteen in the factory wherein more than two hundred and fifty workers are ordinarily employed. 46 Rest room/lunch room in factories employing more than one hundred and fifty workers with provision for drinking water, where workers can eat meals brought by them. 47
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 Crche facility if more than thirty women are employed (for the children below six years of age of such working women). -adequately spaced, lighted and ventilated, - milk and refreshments for the children . To be in charge of a trained female staff allowing mothers to feed the kids at periodic intervals. (48) Welfare Officer for factory wherein five hundred or more workers are employed . 25 (49)

WORKING HOURS OF ADULTS Weekly hours; Not more than 48 hours a week 52. First day of the week shall be a weekly holiday or one of the days three days before or after the said first day. Cannot be allowed to work continuously for more than ten days without a full day holiday . Compensatory holidays ; Where a weekly holiday is denied he shall be allowed to avail the compensatory holiday within a month.
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 Daily working hours- no adult worker shall be allowed to work in a factory for more than nine hours in any day . Intervals for rest -no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. Inspector may increase it upto six hours. Spread over -inclusive of rest intervals they shall not spread over more than ten and a half hours in any day Inspector may increase the spread over up to 12 hours .
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 Extra wages for overtime-wages at the rate of twice his ordinary rate of wages. Restriction on double employment-No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory. Notice of periods of work for adults should be displayed in the notice board.
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 Register of adult workers;

Register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing,(a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; and (e) such other particulars as may be prescribed .
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Women not to work at night Women shall not be allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.. The inspector may relax this norm - but prohibited between 10 P.M. and 5 A.M.
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 No child shall be employed in any factory for more than four and a half hours in any day. During the night, there shall not be more than two shifts for children. Shifts shall not be changed in less than a month . No female child shall be allowed to work except between 8 A.M. and 7 P.M. Notice of working hours for children should be properly displayed in the notice board. Register of children employed should be maintained in prescribed form. 31

Prohibition of employment of young children Children who have not completed at least 14 years of age are not allowed to work in factory; for children above 14 years of age and adolescent persons certificate of fitness issued by the certifying surgeons is required for working in the factory. Children and adolescents are not allowed to work in night shift .
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ANNUAL LEAVE WITH WAGES

Every worker who has worked for at least 240 days in a year will be eligible for leave with wages as under; > if an adult, one day for every twenty days of work performed; > if a child, one day for every fifteen days of work performed. This is exclusive of all holidays Such leave is encashable in case of retirement, resignation, death, disablement. 33

 Leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child. Fifteen days notice is required for sanction and availing leave (30 days in public utility). Can be availed upto three times in a year. Un availed leave cannot be adjusted against notice period for dismissal/discharge. Such leave shall be with full pay
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 Post Bhopal tragedy (Union Carbide case) special chapter (IVA) has been added making disclosures mandatory for hazardous processes. The working hours, leave , weekly days off and wages are similar to Shop and Establishment Acts

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