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INSIGHT ON The FACTORIES ACT, 1948

INSIGHT ON The FACTORIES ACT, 1948. What the Department of Factories and Boilers is all about?. One amongst the 50+ Government departments. Main Objective.

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INSIGHT ON The FACTORIES ACT, 1948

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  1. INSIGHT ON The FACTORIES ACT, 1948

  2. What the Department of Factories and Boilers is all about? One amongst the 50+ Government departments

  3. Main Objective • Shouldering the responsibility of ensuring compliance with the applicable legislations at the place which is under the ambit of the definition “ Factory”

  4. HOW MANY & WHICH ARE THE LEGISLATIONS ENFORCED? 10 legislation's are in the Quiver

  5. ENFORCED LABOUR LEGISLATIONS ARE • THE FACTORIES ACT, 1948 & RULES MADE THEREUNDER • THE PAYEMENT OF WAGES ACT, 1936 & RULES MADE THEREUNDER • THE MATERNITY BENEFIT ACT 1961 AND RULES MADE THEREUNDER • THE CHILD LABOUR (PROHIBITION AND REGULATION ) ACT, 1986 • THE INDIAN BOILERS ACT, 1923 AND RULES MADE THEREUNDER. • THE KARNATAKA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND CONDITIONS OF SERVICE) RULE 1963 • THE KARNATAKA FACTORIES (DEFINING THE PERSONS HANDLING POSITION OF SUPERVISION OR MANAGEMENT) RULES 1981

  6. ENFORCED LABOR LEGISLATIONS ARE • THE LABOR LAWS (EXEMPTIONS FROM FURNISHING RETURNS AND MAINTAINING REGISTER BY CERTAIN ESTABLISHMENT) ACT 1988 • MAJOR ACCIDENT HAZARD CONTROL (KARNATAKA) RULES 1994 • THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING, PREPAREDNESS & RESPONSE) RULES 1996 • THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE ) ACT, 1996 AND RULES MADE THEREUNDER THE ABOVE ACTS ARE CUSTOMARILY CALLED AS “ LABOUR LEGISLATIONS”.

  7. COMPLIANCE UNDER THE FACTORIES ACT, 1948

  8. 120 Sections 11 Chapters 03 Schedules 142 Rules, 10 Chapters 41 Forms/Registers What the Act is all about? Enactment of Stringent provisions! IF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A MASTER PIECE OF A SOCIAL LEGISLATION.

  9. FACTORIES ACT, 1948 • A Comprehensive law for the persons working at a specific domain – factories. • Regarded as one of the Benevolent, Noble and a Comprehensive LabourLegislation which is in force in our country. • Covers significant issues relating to the persons employed in factories. • Secures - Safety • Health • Welfare • Regulates - Working Hours

  10. FACTORIES ACT, 1948 • Ensures - Annual leaves with wages • Provides - Additional protection from hazardous processes Additional protection to women workmen Prohibition of employment of children Series of amendments have been made time and again to increase the scope of the Act.

  11. Road map to the legislation.

  12. Road Map to the Legislation. • The establishment of cotton mills in Bombay in 1851 followed by the establishment of jute mills in 1855 @ Rishra in Bengal marked the beginning Factory System in India. • The number of factories grew steadily. During 1872-73, there were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal. • Conditions in these factories were very gloomy and awful. • First Indian Factories Act, came into force during 1881 • Comprehensive Act was enacted immediately after the independence - under the nomenclature “The Factories Act, 1948”. • This Act has seen many amendments after the independence. • Major amendments were caused during 1987 -- Reason is Bhopal Tragedy – The ghastly chemical accident

  13. Road map to the legislation. • 29 industries have been listed as industries involving hazardous processes. • The industries are listed under - THE FIRST SCHEDULE (See Section 2 (cb) • Special provisions have been incorporated to govern the aspect of SHE in the said hazardous industries. • A new chapter by name “ Chapter IV A was introduced as Special provisions relating to Hazardous processes”. • Penal provisions were revamped. • Amendments are continual in the wake of industrialization.

  14. FACTORIES ACT, 1948 • Important indicators to be understood • Applicability • Beneficiaries • Responsible persons • Inspecting staff

  15. APPLICABILITY • Applies to “Factories” • Definite Premises where 10 and more workers; • Manufacturing process, Power – Section 2m(i) • Definite Premises where 20 and more workers; • Manufacturing process; No power – Section 2m(ii) 3. Act empowers State Government to declare all or any of the provisions of the Act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions. – Section 85(i) 1. Tanning of hides, 2. Electroplating, 3. Manufacturing of specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical substances as listed under schedule 1 of MAH (K) Rules, 1994. contd.,

  16. APPLICABILITY Unless otherwise provided, the Act is applicable to all Factories viz., Private, State, Central, Government, Local Bodies etc.,

  17. BENEFICIARIES (Target Group) • Workers employed in the registered factories • “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 any kind of work incidental to, or connected with, the manufacturing process • Workers under the Act, includes • Permanent 2. Temporary 3. Contract 4. Casual , 5. Clerical staff 6. Managers, 7. Engineers, 8. Supervisors etc., “Apprentice” under the Apprentice Act, 1961 are not the workers. However as per Section 14 of the Act – provision of health, safety & welfare are applicable to the said category.

  18. BENEFICIARIES

  19. RESPONSIBLE PERSONS

  20. RESPONSIBLE PERSONS • OCCUPIER AND MANAGER are the responsible persons for implementation of the provisions envisaged in the Act. • OCCUPIER means the person who has got the ultimate control over the affairs of the factory. • Proprietorship - Proprietor • Partnership - One of the partner • Company - One of the director • State or Central - Persons so nominated by the • Government owned respective governments. • 1996 – SUPREME COURT CONFIRMEDTHIS. (1996 LLR 981 JK Industries LTD., and others V/S CIFB and others etc.,

  21. OCCUPIERS RESPONSIBILITY • PREVIOUS PERMISSION TO LOCATE THE FACTORY, • SHOULD OBTAIN LICENCE TO THE PREMISES, • LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY, • OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF THE OUTLINED IN THE ACT AND RULES MADE THEREUNDER, • MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURE SHE MANAGEMENT AT THE SITE WITHOUT ANY COMPROMISE, • SHALL ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE HEALTH, SAETY AND WELFARE OF ALL WORKERS WHILE THEY ARE AT WORK.

  22. RESPONSIBLE PERSON[S] • MANAGER? • “ A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF THE FACTORY & FOR THE PURPOSES OF THE ACT” • RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY? • Maintenance of registers, furnishing OT slips, leave cards • Furnishing of returns • Submission of notice to work on Sunday • Intimation about the reportable accidents, dangerous occurrences. Change in Manager? With in a week’s – Form no. 3A

  23. INSPECTING STAFF - INSPECTORS THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES. • Act empowers State Government to appoint persons as Inspectors • Qualification is defined • Scope and limits are defined through Notifications. • Act has prescribed the duties and powers of the Inspectors • Deputy commissioner of the District – is also an Inspector • Government can notify persons as Inspectors - Notification

  24. POWERS OF INSPECTORS

  25. POWERS OF INSPECTORS • He has got the power to enter to any premises (with assistants or experts) which he has got reason to believe it as a factory • He can make examinations of the premises, plant and machinery to secure SHE • He can direct the occupier to left undisturbed any place till his enquiries are completed. • He can seize any records, take copies which is required for the purpose of enforcement • He can take measurements, photographs and make such recordings which are required for enforcement of Law • He can call for production of any registers or documents pertaining to his duties from the occupier.

  26. GENERAL DOMAIN OF THE LAW

  27. GENERAL DOMAIN OF LAW • APPROVAL AND LICENCING TO THE PREMISES • HEALTH INITIATIVES • WELFARE SCHEMES • SAFETY MANAGEMENT • STATUTORY DISPLAYS • STATUTORY COMMITTEES • STATUTORY REGISTERS • STATUTORY RETURNS • REGULATION OF WORKING HOURS OF ADULTS • ANNUAL LEAVE WITH WAGES • contd.,

  28. FOCUSSED AREAS • REPORTING OF ACCIDENTS • REPORTING OF DANGEROUS OCCURRENCE • REPORTING OF NOTIFIABLE DISEASES • PROVISIONS RELATING TO WOMEN WORKERS • PROVISION RELATING TO CHILD • PROVISIONS RELATING TO NO. OF EMPLOYEES • TRAINING & EDUCATION PROGRAMMES • OBTAINING OF EXEMPTION SCHEMES • PENALTY AND PROCEDURES

  29. APPROVAL/LICENCING • APPROVAL OF PLANS • REGISTRATION AND RENEWAL OF FACTORY LICENCE • AMENDMENT & TRANSFER IN THE LICENCE

  30. APPROVAL/LICENCING • APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING: • PROPOSED CONSTRUCTION • EXTENTION TO EXISTING FACTORY BUILDING • FOR INSTALLATION OF MACHINAIRES – CHANGE IN LAYOUT OF MACHINES • RESITING OF MACHINES • APPLICATION SHALL BE MADE BEFORE MAKING ANY CHANGES • THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. • NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS PERMISSION • IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, PERMISSION APPLIED IN THE APPLICATION SHALL BE DEEMED TO BE GRANTED.

  31. LICENCING • REGISTRATION AND GRANT OF FACTORY LICENCE • BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER - BEFORE 15 DAYS. • THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. • LICENCE WILL BE GRANTED IN FORM 3. • IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE DATE OF SUBMISSION, REGISTRATION SHALL BE DEEMED TO BE GRANTED. • LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR. OPTION HAS BEEN GIVEN TO RENEW THE LICENCE FOR PERIOD NOT EXCEEDING THREE YEARS.

  32. LICENCING • WHAT IS AMENDMENT/TRANSFER • THREE LIMITS ARE MENTIONED IN THE LICENCE. • IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE LICENCE AND CHANGE IN THE NAME OF THE FACTORY, QUESTION OF AMENDMENT ARISES. • THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED. • APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE MADE 15 DAYS PRIOR TO THE INCREASE THE LIMITS. • DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED UNDER RULE IS LOST OR ACCIDENTALY DESTROYED BY PAYING THE FESS OF RS.250/- ALONG WITH AN APPLICATION IN T HIS BEHALF • IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR PERMISSION TO TRANSFER HIS LICENCE TO ANOTHER PERSON.

  33. APPROVAL/LICENCING • LICENCE CAN BE SURRENDERED FOR A TEMPORARY PERIOD • TO CLAIM EXEMPTION FROM PAYMENT OF LICENCE FEE AN APPLICATION SHALL BE MADE TWO MONTHS BEFORE THE EXPIRY OF LICENCE. • FURTHER AN INTIMATION SHALL ALSO BE GIVEN TO THE INSPECTOR BEFORE THE FACTORY OR THE SECTION OR DEAPRTMENT THEREOF AS THE CASE MAY BE , STARTS WORKING AGAIN. • DURING INTENDED CLOSURE • IF ANY INTENDED CLOSURE OF THE FACTORY OR ANY SECTION OR DEPARTMENT THEREOF IMMEDIATELY IT IS DECIDED TO DO, THE OCCUPIER OR MANAGER SHALL REPORT TO THE INSPECTOR UNDER RULE 142 OF THE KARNATAKA FACTORIES RULES, 1969.

  34. HEALTH FRONT • HOUSE KEEPING/CLEANLINESS • OVERCROWDING • LIGHTING • DRINKING WATER • LATRINE AND URINALS • SPITTONS

  35. HEALTH ISSUES • HOUSE KEEPING/CLEANLINESS • THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM NO.6 - RULE 141 • PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29. • OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU METER OF SPACE • MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141

  36. Clean work environment

  37. LIGHTING • AND • VENTILATION • Minimum 3 foot candles of light, • Fresh circulation of air by ensuring cross ventilation • Adequate openings, 15% of floor area shall be kept open for natural ventilation • Mechanical system of ventilation incase of shortage of windows • Overcrowding – 14.2 cu.meter of space per person

  38. TOILET FACILITIES • Sufficient toilet and urinal accommodations - One for every twenty five workmen. • Toilet accommodations shall be maintained in clean and hygienic conditions. • Separate facilities for the women workmen. • Sufficient water facilities shall be available. Pictorial display shall be made. Proper doors and fastening shall be ensured. • Sweepers shall be employed to keep the facility neat and tidy.

  39. Drinking water • Adequate drinking water in clean and hygienic conditions shall be provided and maintained. • Minimum of 5 liters of water per person. • Drinking water shall be kept at convenient places. • If the source of supply is not from the public supply, the water shall be tested for its pot ability from the District Health Officer. • If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.

  40. SAFETY GENERAL SAFETY MANAGEMENT INCLUDES • EQUIPMENT SAFETY, • PERSONAL SAFETY • MATERIAL SAFETY • PROCESS SAFETY • PERSONAL PROTECTIVE EQUIPMENT • EXCESSIVE WEIGHTS

  41. EQUIPMENT SAFETY BASICALLY EQUIPMENT SAFETY INCLUDES • Good construction with all safety features • Sound material and adequate strength • Free from defects, properly maintained • Periodical Inspections to ensure integrity • Equipment should be safe, periodical inspection • Information, instruction and training and supervision

  42. MATERIAL SAFETY MATERIAL SAFETY INCLUDES • Arrangement to ensure Safety and absence to risk to health from the material used, handled and stored. • MSDS shall be readily available • Information, instruction, training and supervision • Periodical medical surveillance • Inventory and storage

  43. PROCESS SAFETY BASICALLY PROCESS SAFETY INCLUDES • Type of process, chemistry involved • Hazards, risk and vulnerability Analysis • Equipment integrity against the hazards • Protection against the hazards • Measures required during the process

  44. PERSONAL SAFETY BASICALLY PERSONAL SAFETY INCLUDES • Issue of personal protective equipment according to the circumstances and conditions. • Decontamination facilities, washing facilities • Periodical medical surveillance • Maintenance of health records. • First aid, OHC, ambulance room, ambulance van • Training, Education, Supervision

  45. SAFETY MANAGEMENT EXCESSIVE WEIGHTS No adult, woman unaided by another person shall lift, carry or move by hand or on head any material article, tool or appliance exceeding the maximum specified below Adult male 50kgs Adult female 30kgs Adolescent male 30kgs Adolescent female 20kgs Male child 16kgs Female child 14kgs

  46. PERSONAL PROTECTIVE EQUIPMENT

  47. PERSONAL PROTECTIVE EQUIPMENT • As per Rule 65D of KFR 1969, the Inspector can pass an order to supply to the workers the required to personal protective equipment exposed to particular hazards as may be found necessary; • All personal protective equipment provided to the workers as required under the act shall have certification by ISI or any equivalent standard approved by the state government. • Except under Section 46 no fee or charge shall be realized from any worker in respect of any arrangements or facilities to be provided or any equipments on appliances to be supplied by the occupier under t he provisions of this act – Section 114

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