WELFARE [Secs.42 to 50]

THE FACTORIES ACT, 1948The act provides for working conditions in a factory in order to ensure health, safety and welfare of workmen.Factory means any premises including the precincts thereof :-10 or more workers are working or were working in a manufacturing process during the preceding 12 months with aid of power.20 or more without aid of power.Manufacturing process is defined by sec 2(k).Worker as per sec 2(l) means a person employed directly or through any agency a manufacturing process.Occupier as per sec 2(n) means a person who has ultimate control over the affairs of the country.APPROVAL, LICENSING AND REGISTRATION OF FACTORIESState government empowered under sec 6 to make rules for licensing etc.Application for permission to be submitted to the Chief Inspector along with certified plans and specification for factory.Notice by occupier [sec 7].General duties of the occupier [sec 7-A]HEALTH[secs 11to20]Cleanliness :-Factory to be kept clean and free from effluvia and dirt.Effective means of drainage.Use of disinfectants.Disposal of waste and effluentsVentilation and temperature.

Dust and fume.Artificial humidification.Overcrowding.LightingDrinking waterLatrines and urinalsSpittoons

SAFETY [secs.21 to 41]Fencing of machinery-dangerous part of every machinery to be securely fenced.Work on near machinery in motion.Examination of machinery in motion by a trained adult male worker only.Restriction on women and young persons.

Employment of young persons on dangerous machines.Restriction on young persons to work on dangerous machines.Machines dangerous for young persons to be specified by State Government.Striking gear and devices for cutting off power.Self acting machines. Traversing part not allowed to run within a distance of 45 cms from any fixed structure.Casing of new machinery to prevent danger.Prohibition of employment of women and children near cotton-openers.Hoists and lifts.Lifting machines, chains, ropes and lifting tackles.Revolving machinery.To have notice of safe working speed and speeds not to be exceeded.Pressure plant.Floors, stairs and means of access.Pits, sumps and openings in floors etc. to be securely covered or fenced.Prohibition on lifting or carrying of excessive weights. Maximum weights to be lifted or carried to be prescribed.Protection of eyes.Precaution against dangerous fumes. Prohibition on entry in to any chamber, tank, pipe etc. where any gas,fume etc. is present.Precautions regarding use of portable electric light.Precautions against explosives or inflammable dust, gas etc. Measures to prevent explosions on ignition of gas, fumes etc.Precautions in case of fire. Measures to prevent fire and its spread. Familiarity with means of escape.

Power to require specifications of defective parts or tests of stability.Safety of building and machinery.Maintenance of building.Safety officers.WELFARE [Secs.42 to 50]Adequate and suitable washing facilities separately for male and female. Facilities for storing and drying clothing provision for sitting arrangement for workers oblige to work in a standing position.Provision of seating arrangement for workers doing work which can be done in sitting position.At least one first aid box with prescribed contents for every 150 workers. A responsible person to be in charge. Ambulance room in a factory employing more than 500 workers

Canteen in factory employing more than 250 workers. State Government to make rules.Provision for shelters, rest rooms, lunch rooms in factories employing more than 150 workers.Provision of creches in factories employing more than 30 women workers.Employment of welfare officers in factories employing 500 or more workers.

WORKING HOURS OF ADULTSWeekly hours not to exceed more than 48 hours.Daily hours not to exceed 9 hours any day except for facilitating change of shift.Half an hour rest after five hours of work.Spread over of work shall not exceed more than ten and a half hours a day including intervals for rest.

Wages for over time work for more than 9 hours in any day or 48 hours in any week shall be twice the ordinary rate of wages.A notice of periods of work shall be displayed and correctly maintained in every factory.The periods shown in the notice shall be fixed before hand.Copy of notice in duplicate and any change to be sent to Inspector.Register of adult workers shall be maintained by the manager of every factory.Every adult worker shall be allowed one holiday a week which is normally a Sunday.When a worker works on a weekly holiday he is entitled for a compensatory off.

EMPLOYMENT OF YOUNG PERSONSNo child who has not completed 14 years shall be allowed to work in a factory.Non adult workers to carry tokens.Certificate of fitness to entitle a young person to work as a child or adult.No child to work for more than four and half hours in any day and during night shift.Period of work of children limited to two shifts.

Child workers entitled to weekly holidays.Prohibition if the child worker has already been working in another factory.Female child to work only between 8 am and 7 pm.Display of notice of work of child workers.The managers shall maintain a register of child workers.EMPLOYMENT OF WOMENAll provisions of Factories Act applicable to adult male workers to apply to female workers except (a) work on or near machinery in motion (b) prohibition of employment near cotton-openers and (c) creches.A women shall be required to work only between 6 am and 7 pm.

ANNUAL LEAVE WITH WAGES [sec.78 to 84]Leave entitlement one day for every twenty days worked for an adult. One day for every fifteen days worked for a child.Computation of period of 240 days.Discharge, dismissal, superannuation, death or quitting of employment.Treatment of fraction of leave.Treatment of unavailed leave.

Application for leave to be made in writing within a specified time.Scheme for grant of leave.Refusal of leave to be in accordance with scheme.Payment of wages to worker for leave period if he is discharged or if he quits service.Unavailed leave not to be taken into account while computing period of notice.

PENALTIES AND PROCEDURES [sec.92to106]General penalty for offences.Enhanced penalty after conviction.Cognizance of offences.Appeals. HAZARDOUS PROCESSES [SEC.41A TO 41H]Constitution of Site Appraisal Committee.Functions of the committee.Compulsory disclosure of information by the occupier. Specific responsibility of the occupier in relation to hazardous processes.Power of Central Government to appoint enquiry 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.Penalty for contravention of certain provisions.PAYMENT OF WAGES ACT, 1936APPLICABILITY AND DEFINITIONThe Act applies to persons employed in any factory, any railway, to an industrial or other establishments as specified in clauses (a) to (g) of sec.2(ii).Wages means all remuneration, whether by way of salary, allowances or otherwise, expressed in terms of money, if the terms of employment were fulfilled, be payable to a person employed. does not include any bonus, the value of any house accommodation, any contribution to pension or provident fund, travelling allowance or concession, any special expenses by nature of employment and gratuity payable. RULES FOR PAYMENT OF WAGES [Secs.3 to 6]Responsibility for payment of wages [sec.3].Fixation of wage periods [sec.4]Time payment of wages [sec.5]Wages to be paid before 7th or 10th day.Wages in case of termination of employment shall be paid before expiry of second working day.Exemption to be provided by appropriate government.Wages to be paid on a working day.All wages shall be paid in current coin or currency notes or both.

DEDUCTIONS FROM WAGES [secs.7to13]Deductions for fines.Deductions for absence from duty.Deductions for damage or loss.Deductions for services.Deductions for recovery of advances.Deductions for recovery of loans.Deductions for payments to cooperative societies and insurance schemes.

Other deductions.Income Tax payable by the employee.Deductions required by order of a court or other competent authority.Deductions relating to advances from provident fund etc.Deductions for payment of insurance premia on fidelity guarantee bonds.Deductions for recovery of losses sustained by a railway administration on account of any default by employment.Deductions authorised by the employee for contributions to certain specified funds.Deductions for contributions to any insurance scheme framed by the appropriate government for the benefit its employees.Limit on deductions:-Total deductions shall not exceed 75% of such wages in cases were deductions are wholly or partly made for payments to cooperative societies. In any other case the deductions shall not exceed 50% of wages.

ENFORCEMENT OF ACTAn Inspector of Factories shall be an Inspector for the purpose of Payment of Wages Act also.Powers and functions of inspectors.Make examination and enquiry.Enter, inspect and search factory premises.Supervise the payment of wages.Require by written order the production of any register maintained under the act.Seize or take copies of registers or documents.Excise such power as may be prescribed.THANK YOU