Indian Factories Act, 1948

7/28/2019 Indian Factories Act, 1948

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Factories Act, 1948Pramod Sravan B


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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.


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About

Factories Act 1948 includes

Health

Safety

Welfare

Working hours of adults

Annual leave with wages


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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 IndianMines 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.


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Manufacturing Process

Manufacturing Process means any process for

Making, altering, repairing, ornamenting, finishing,

packing,oiling, washing, cleaning, breaking up, demolishing or

otherwisetreating or adopting any article or substance with a

view to itsuse, 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 bookbinding; Constructing, reconstructing, repairing, refitting, finishing

orbreaking up ships or vessels; or

Preserving or storing any article in cold storage.


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Definitions

Day - A period of 24 hours beginning at midnight.

Week A period of 7 days beginning at midnight on Saturday

night

Calendaryear 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 whichgenerates or otherwise provides power


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Provisions regarding Health

Cleanliness

Disposal of wastes and effluents

Ventilations and temperature

Dust and fumes

Artificial humidification

Overcrowding

Lighting

Drinking water

Latrines & urinals

Spittoons


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Provisions regarding safety

Fencing of machinery

Work on or near machinery in motion

Employment of young persons on dangerous machines

Striking gear and devices for cutting off power

Self acting machines

Casing of new machinery

Prohibition of employment of women and children near

cotton openers

Hoists, lifts, lifting machines and others

Revolving machinery

Pressure plant


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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


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Provisions regarding welfare of

workers Washing facilities

Facilities for storing and drying clothing

Facilities for sitting

First aid facilities

Canteens, shelters, rest rooms and lunch rooms

Crches

Welfare officers


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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.


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Provisions regarding Hazardous

processes Constitution of site Appraisal committee

Compulsory Disclosure of information

Special responsibility of the occupier in the relation to

hazardous processes:

Maintaining accurate and updated health and medical records

of workers exposed to any chemical, toxic or any other

harmful substances manufactured, stored, handled or

transported

Appointing qualified, experienced and compete persons inhandling such substances to supervise handling and for

protecting the workers from the hazard

Proving for medical examinaiton of every worker at intervals.


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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


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Working hours of adults

Weekly hours < 48 hours

Weekly holidays : at least 1 holiday in a week, substitute

holidays

Compensatory holidays

Daily hours < 9 hours

Intervals for rest: at least half an hour

Prohibition of overlapping shifts : not more than 2 continuous

shift

Extra wages for overtime: wages at the rate of twice hisordinary rate of wages for overtime

Notice of period of work


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Restrictions on employment of

women and children Work between 6 am to 7pm only

Strict restrictions for women for employment between 10pm

to 5am

Employment of women in night shift is permitted only in the

case of fish-curing and fish canning.


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Wages during leave period

Payment in advance in certain cases

Mode of recovery of unpaid wages

Power to make rules


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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 madewithin 6 months of the commission of the offence.


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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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Thank you

Documents

Indian Factories Act, 1948