Factory act 1948

Introduction 

In India the first Factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers. This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers.

Main points

• Health of worker

• Safety of worker

• Welfare of worker

• Working Hours Of Adults

• Annual Leave With wages

Factory act 1948

Definition of a Factory:-

“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts there of-

i.                     Whereon ten 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

ii.                   ii. Whereon twenty 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;

 But does not include a mine subject to the operation of the 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.

The following have held to be a factory:-

i. Salt works

ii. A shed for ginning and pressing of cotton

iii. A Bidi making shed

iv. A Railway Workshop

v. Composing work for Letter Press Printing

vi. Saw Mills

vii. Place for preparation of foodstuff and other eatables

HIGHLIGHTS:

• The Factories Act, 1948 came into force on the 1st day of April,1949and extends to the whole of India. It was, in fact, extended to Dadra &Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu & Kashmir in 1970.

• The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and1989.

• In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conducive to their health and safety.

Objective of  factory act 1948:

• To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.
• To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory.
• To regulate the working condition in factories, regulate the working hours, leave, holidays, overtime, employment of children, women and young persons ext.
• The Factories Act provides for the health, safety, welfare, service conditions and other aspects of workers in factories. The Act is enforced by the State Government who frame rules that ensure that local conditions are reflected in enforcement.
• The Act as amended in 1987 also regulates the safeguards to be adopted for the use and handling of hazardous substances.
• Regulates working condition in factories.
• Basic minimum requirements for ensuring safety, health and welfare of workers. Applicable to all workers.

Applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months.

To improve health, welfare and safety of the workmen.

Applicability of factory act 1948.

At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that:

• The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
• The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.

The Factories Act extends to whole of India and is applicable to all factories including government factories.

 It applies to all factories employing more than 10 people and working with the aid of power or employing 20 people and working without the aid of power..

Factory however does not include a mine covered under the mines Act, 1952, a mobile unit of the armed forces, a railway shed or a hotel, restaurant or eating place.

Importance of factory act 1948

No adult worker shall be required or allowed to work in a factory:-

(i) for more than forty-eight hours in any week; and/ or

(ii) for more than nine hours in any day. Where a worker works in a factory for more than nine hours in anyday or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

The “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.

Where a worker is deprived of any of the weekly holidays, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

• Adequate provisions have been made for enforcement of the provisions of the act by appointing factory inspectors.
•  Provisions are also made for appointment of occupier of factory and various obligations of the occupier have been set out in the act.
• Additional provisions have been made for various offences and penalties for the offences.
•   Detailed provisions are also made for the working hours, holidays, leaves, leave with wages and overtime payment, etc.
• separate provisions are made for employment of young persons, which include children and adolescents. The employment of children below 14 years of age was stopped.

Employer to ensure health of workers pertaining to

• Cleanliness Disposal of wastes and effluents - Sec 12

• Ventilation and temperature dust and fume - Sec 13

• Overcrowding Artificial humidification Lighting – Sec. 14

• Drinking water Spittoons. - Sec. 18

Safety Measures

• Fencing of machinery – Sec. 21
• Work on near machinery in motion. – Sec 22
• Employment prohibition of young persons on dangerous machines. –Sec 23
• Striking gear and devices for 25 
• Self-acting machines.- Sec cutting off power. – Sec 24 
• Casing of new machinery.- Sec 26 
• Prohibition of employment of women and children near cotton- openers.- Sec 27 
• Hoists and lifts.- Sec 28.

Welfare Measures

• Washing facilities – Sec 42
• Facilities for storing and drying clothing – Sec 43
• Facilities for sitting – Sec 44
• First-aid appliances – one first aid box not less than one for every 150 workers–Sec 45
• Canteens when there are 250 or more workers. – Sec 46
• Shelters, rest rooms and lunch rooms when there are 150 or more workers. –Sec 47
• Creches when there are 30 or more women workers. – Sec 48
• Welfare office when there are 500 or more workers. – Sec 49

Working Hours, Spread Over & Overtime of Adults

•  Weekly hours not more than 48 - Sec: 51
•  Daily hours, not more than 9 hours. - Sec: 54
•  Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55
•  Spread over not more than 10½ hours. - Sec: 56
•  Overlapping shifts prohibited. - Sec: 58
•  Extra wages for overtime double than normal rate of wages - Sec:59
• Restrictions on employment of women before 6AM and beyond 7 PM. -Sec: 60

11. Annual Leave with Wages

• A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days.
• Accumulation of leave for 30 days. Sec. 79

12.  Sec.92 to 106
OFFENCE	PENALTIES
1.      For contravention of the Provisions of the Act or Rules	Imprisonment upto 2 years or fine upto Rs.1,00,000 or both
2.      On Continuation of contravention	Rs.1000 per day
3.      On contravention of Chapter IV pertaining to safety or dangerous operations.	Not less than Rs.25000 in case of death
4.      Subsequent contravention of some provisions	Not less than Rs.5000 in case of serious injuries. Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. Obstructing Inspectors
5.      Obstructing Inspectors	Imprisonment upto 6 months or fine upto Rs.10, 000 or both.
6.      Wrongful disclosing result pertaining to results of analysis.	Imprisonment upto 6 months or. fine upto Rs.10, 000 or both.
7.      For contravention of the provisions pf Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work	Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. Imprisonment of 10 years when contravention continues for one year.imminent danger.