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THE FACTORIES ACT, 1948

THE FACTORIES ACT, 1948. FACTORIES LEGISLATION OF GREAT BRITAIN. Factories legislations of Britain. The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom

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THE FACTORIES ACT, 1948

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  1. THE FACTORIES ACT, 1948

  2. FACTORIES LEGISLATION OF GREAT BRITAIN

  3. Factories legislations of Britain The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile industry, then later in all industries.

  4. Factories legislations of Britain The series of Acts were passed by the British Govt i.e. Factories Act,1802 Factories Act 1833 Factories Act 1844 Factories Act 1847 Factories Act 1850 Factories Act 1856, 1878, 1891,1901, 1937,1961

  5. Factories Act 1802 • Factory owners must obey the law. • All factory rooms must be well ventilated and lime-washed twice a year. • Children must be supplied with two complete outfits of clothing. • Children between the ages of 9 and 13 can work maximum 8 hours. • Adolescents between 14 and 18 years old can work maximum 12 hours. • Children under 9 years old are not allowed to work but they must be enrolled in the elementary schools that factory owners are required to establish.

  6. Factories Act 1802 • Children under 9 years old are not allowed to work but they must be enrolled in the elementary schools that factory owners are required to establish. • The work hours of children must begin after 6 a.m., end before 9 p.m., and not exceed 12 hours a day. • Children must be instructed in reading, writing and arithmetic for the first four years of work. • Male and female children must be housed in different sleeping quarters. • Children may not sleep more than two per bed.

  7. Factories Act 1878 • No child anywhere under the age of 10 was to be employed. • Compulsory education for children up to 10 years old. • 10-14 year olds could only be employed for half days. • Women were to work no more than 56 hours per week.

  8. Factories Act 1901 • Minimum working age is raised to 12. • The Act also introduced legislation regarding education of children, meal times, and fire escapes.

  9. Factories Act 1961 This Act emphasis on the provisions i.e. • Health • Safety • Welfare • Notification and Investigation of Accidents • Employment of Women and Young person

  10. FACTORIES LEGISLATION OF INDIA

  11. Introduction It came into force on 1st April,1949. It was enacted with a view to removing a number of defects, exposed in the working of the Act of 1934. It extends to the whole of India. This Act also applies to factories belonging to the Central or State Govt.

  12. Object of the Act To secure health, safety, welfare, proper working hours, leave and other benefits for workers employed in the factory. To regulate the conditions of work.

  13. General Scheme of the Act The Act is divided into 11 Chapters and contains one Schedule Chapter I Preliminary Information • Title, extent and Commencement of the Act. • Power to declare different departments to the separate factories. • Approval of licensing and registration of factories and notice by occupier.

  14. Chapter II It deals with ‘Inspecting Staff”, viz. Inspectors, their powers and certifying surgeons.

  15. Chapter III It deals with the Health of the Workers which includes…. - Cleanliness - Disposal of Wastes and Effluents - Ventilation - Dust and Fumes - Overcrowding - Lighting - Drinking Water - Latrine and Urinals and Spittoons

  16. Chapter IV It deals with ‘Safety of Workers’ in a Factory. It includes matters such as…. - Fencing of Machinery - Work on or near machinery in motion - Employment of young persons on dangerous machines - self-acting machines - prohibition of employment of women and children near cotton openers. - hoists and lifts, lifting machines

  17. Chapter IV It deals with ‘Safety of Workers’ in a Factory. It includes matters such as…. - revolving machinery - pressure plants - floor, stairs, pits, pumps - excessive weights - protection of eyes - precaution against dangerous fumes - explosive or inflammable dust, gas etc.

  18. Chapter V It relates to ‘Welfare of Workers’ which includes… - washing facilities - facilities for storing and drying clothing - facilities for sitting - first-aid appliances - canteens - shelters - rest-rooms - lunch rooms - crèches - Welfare Officer

  19. Chapter VI It deals with ‘working hours of adults ‘. It covers issues like… - weekly hours - weekly holidays - compensatory holidays - daily hours - intervals for rest - night shift - prohibition or overlapping shifts - wages for extra work - restriction on double employment - register of adult workers

  20. Chapter VII It provides ‘various restrictions / limitations on employment of young persons and deals with other matters like… - certificate of fitness - working hours for children - register of child workers - working hours for children - power to require medical examination

  21. Chapter VIII It deals with ‘annual leave and wages’ and includes annual leave with wages; • Wages during leave period • Payment in advance in certain cases • Mode of recovery of unpaid wages etc.

  22. Chapter IX It deals with special provisions relating to power to apply the Act to certain premises… - power to exempt dangerous operations - notice of certain accidents - notice of certain diseases - power to direct enquiry into cases of accident or disease etc.

  23. Chapter X It deals with ‘penalties and procedures’

  24. Chapter XI It deals with ‘supplemental issues’ like appeals, display and service of notices, returns, obligations of workers, protection to persons acting under the Act.

  25. DEFINITIONS Adult (section 2(a)) Adolescent (Section 2(b)) Calendar Year (Section 2bb) Child (Section 2(c)) Competent person (Section 2(a))

  26. WORKER He must be employed by the owner or occupier of a factory. The person may be employed in the establishment either directly or through agency The person may be regarded as worker whether he is employed for wages or without cause. The person may be employed in any manufacturing process or in cleaning any per of the machinery

  27. WORKER ROHTAS INDUSTRIES V. RAMLAKHAN SINGH GENERAL SUPDT, CHRISTIAN MEDICAL COLLEGE AND HOSPITAL V. INSPECTOR OF FACTORIES, VELLOR

  28. Factory Factory as any premises including the precincts (1) Wherein 10 or more workers are working or were working on any day of the previous 12 months and in any part of which a manufacturing process is being carried on with the aid of power (2) Wherein 20 or more workers are working or were working on any day of the preceding 12 months and in any part of which a manufacturing process is being carried without the aid of power.

  29. Approval, Licensing and Registration of Factories (Section 6) • To obtain permission in writing of the State Government. • Construction or extension of any factory. • For this, he has to submit plans and specifications of construction for the certification and approval to the Chief Inspector or the State Government.

  30. Approval, Licensing and Registration of Factories (Section 6) • No license shall be granted or renewed unless notice has been given by the occupier. • If an application for permission accompanied by plans and specifications has been sent to the State Government or Chief Inspector

  31. INSPECTORS (SECTION 8) Under Section 8(1), the State Govt is required to appoint an Inspector for the enforcement of the Act by a notification in the State Gazette. The person who possesses the required qualifications can be appointed for the purpose and his powers can be prescribed by the State Govt. U/s. 8(2), the State Govt. may, by notification in the Gazette, appoint any number of Chief Inspectors, Joint Chief Inspectors, Inspectors and Deputy Chief Inspectors

  32. POWERS OF INSPECTORS (SECTION 9) He may enter any place which is used as a Factory. He may be accompanied by such Assistants who are government servants or any local or public authority as he thinks fit. He may examine the premises, plants and machinery, acquire the production of any prescribed register or any other document relating to the factory. He may inquire into any accidents whether resulting in bodily injury, disability.

  33. POWERS OF INSPECTORS (SECTION 9) He may seize any Register, Record or other document or any portion thereof which he may consider necessary in respect of any offence under this Act. Exercise any other such power as may be prescribed.

  34. Certifying Surgeons (Section 10) U/s.10, the State Government is empowered to appoint qualified practitioners to be certifying surgeons for the purpose of this Act. Sub-section lays down that a certifying surgeon may with the approval of the State Govt authorize any qualified medical practitioner to exercise any of his power under this Act. According to Section 10(4) of the Act, the Certifying Surgeons are expected to perform the duties like….

  35. Provisions regarding Health • Cleanliness (Section 11) • Disposal of wastes and effluents (Section 12) • Ventilation and temperature (Section 13) • Dust and fumes (Section 14) • Artificial humidification (Section 15) • Over-crowding (Section 16) - No room in any factory shall be over crowded otherwise, it would be injurious to the health of the workers. - To prevent overcrowding, the Act provides that in every work room, a worker is to be provided with space at the rate of 9.9 cubic meters in old factories

  36. Provisions regarding Health Cont… An d 4.2 cubic metres in new factories. The Chief Inspector of Factories can also prescribe the maximum number of workers who can work in each work room.

  37. Provisions regarding Health • Lighting (Section 17) • Arrangement for Drinking Water (Section 18) • Conservancy Arrangements (Section 19) - for male and female workers - privacy should be secured and water supplied inside the cubicles. - In every factory, more than 250 workers are employed, urinals and latrines should be provided at convenient places. - The floors, internal walls up to the height of 90 Cm. and the sanitary blocks shall be laid in glazed tiles.

  38. Provisions regarding Health Cont. These parts and sanitary pans shall be thoroughly washed and cleaned at least once in every 7 days with suitable detergents or disinfectants or both. Sweepers should be employed whose primary duty would be to keep latrines, urinals and workplaces clean.

  39. Provisions regarding Health • Spittoons (Section 20) A sufficient number of spittoons should be provided at convenient place in every factory, and these should be maintained in a clean and hygienic condition. No person shall spit within the premises of a factory except in spittoons provided for the purpose.

  40. Provisions regarding SAFETY • Fencing of Machinery (Section 21) • Work on or near machinery in motion (Section 22) • Employment of young persons on dangerous machines (Section 23) • Striking gear and devices for cutting off power (Section 24) • Self-acting Machines (Section 25) • Casting of New Machinery (Section 26) • Prohibition of Employment of Women and Children near cotton openers (Section 27) • Hoist, Lifts, Lifting Machines etc (Section 28 & 29)

  41. Provisions regarding SAFETY • Revolving Machinery (Section 30) • Pressure Plant (Section 31) • Floors, Stairs and Means of Access (Section 32) • Pits, Sumps, Openings in Floors etc (Section 33) • Excessive Weights (Section 34) • Protection of Eyes (Section 35) • Precaution against dangerous fumes (Section 36) • Explosive or inflammable dust, gas etc. (Section 37) • Precaution in case of fire (Section 38) • Power to require specifications of defective parts or tests of stability (section 39)

  42. Provisions regarding SAFETY • Safety of Buildings and Machinery (Section 40) • Maintenance of Building (Section 40A) • Safety Officer (Section 40B) - In every factory, wherein 1000 or more workers are employed or - wherein any manufacturing process or operation is carried on which involves any risk or bodily injury, poisoning or disease, to the person employed in the factory, the occupier shall employ such number of Safety Officers as may be specified.

  43. Provisions regarding Welfare of Workers • Washing Facilities (Section 42) • Facilities for Storing and Dying Clothing (Section 43) • Facilities for sitting (Section 44) • First Aid Appliance (Section 45) - there should be at least one first-aid box for 150 workers ordinarily employed at a time. - each first-aid-box shall be kept in the charge of a separate person who holds certificate in first-aid treatment and who shall always be available in the working hours of the factory. - A first-aid register should always be kept along with the box.

  44. Provisions regarding Welfare of Workers Cont… Section 45(4) lays down that every factory employing 500 or more workers should maintain an ambulance room, staffed by a doctor, a compounder and a nurse and equipped with at least minimum prescribed articles. Such factories should also have an Ambulance Van available at call.

  45. Provisions regarding Welfare of Workers • Washing Facilities (Section 42) • Facilities for Storing and Dying Clothing (Section 43) • Facilities for sitting (Section 44) • First Aid Appliance (Section 45) • Canteens (Section 46) - this facility is to be provided to those factories employing over 250 workers.

  46. Provisions regarding Welfare of Workers • Shelter, Rest Room and Lunch Rooms (Section 47) - In every factory where in more than 150 workers are employed. - It shall be sufficiently lighted and ventilated shall be maintained in a cool and clean condition.

  47. Provisions regarding Welfare of Workers • Creches (Section 48) - In every factory, where more than 30 women workers are employed, there shall be provided suitable room for the use of children under the age of 6 years of such women. - Facilities must be provided to mothers to feed their children at necessary intervals.

  48. Provisions regarding Welfare of Workers • Welfare Officer In every factory wherein 500 or more workers are employed, the occupier shall employ in the factory such number of welfare officers. The State Govt may prescribe the duties, qualifications and conditions of service of Officers employed.

  49. PROVISIONS RELATING TO HAZARDOUS PROCESSES Section 2 (cb) of the Factories (Amendment) Act, 1987 defines the term "hazardous process" as “any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would : (I) Cause harm to the health of the persons engaged, (ii) Result in the pollution of the general environment

  50. PROVISIONS RELATING TO HAZARDOUS PROCESSES • Initial location involving hazardous process or expansion a Site Appraisal committee consisting of- Law on Working 22 Conditions : • the Chief Inspector of the State who shall be its Chairman, • a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974; • a representative of the Central Board for the Prevention and Control of Air Pollution referred to in Section 3 of the Air (Prevention and control of Pollution) Act, 1981;

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