Institute of Industrial ManagementFor Safety, Health & Environment

(Associate of IGNOU)

1-Number of persons to constitute a factory was reduced from 100 to 50.As well as it gave powers to local Govt. to include all factories employing 20 or more persons.

2-Compulsary stoppage of work for the full half an hour in the middle of the day.

3-Weekly holidays.

4-Limited hours of work for women of 11 hrs. with one & half hrs. rest if employed for full 11 hrs.

5-Prohibitted employment of women during night.

6-Limited hours of work for child i.e. 07:00 hrs. to day light.

7-Prohibition of employment of children on dangerous work.

8-Ellaborated provisions of inspection and penalties.

After the strike of six days organized by workers when Lokmanya Balgangadhar Tilak was sentenced to imprisonment, many political leaders also supported the demands by workers as a part of the fight against the British Rule and the Factories Act was again revised in 1911, which came in force effective with 19th, July 1912.with the following major amendments :-

1-Restricting maximum working hours of adults to 12 hrs. and that of child to 6 hrs. a day.

2-Employment of child & women were prohibited near cotton openers.

3-Rule making powers of Local Govt. was greatly increased.

4-Certification of child was made on more sound basis.

5-Over time rate of 1.25 times was specified.

6-Induction of 60 hrs. of work per week as maximum.

7-Prohibition of night work of not only women but for persons under 14 Yrs. of age & employment of child below age of 12 Yrs. in the factories using power.

After eleven years, the amendment of 1922 in the Factories Act brought the following improvements in the Act :

1-Employment limit was reduced from 50 to 20.

2-Local Govt. empowered to declare premises employing 10 or more as factory.

3-Employment of child below the age of 12 was prohibited.

4-Working hours of child between 12 to 15 years not to exceed 6 hrs. a day.

5-Women & child employment was restricted between 5:30 PM to 7:00 AM.

6-No person was permitted to be employed for more than 11 hrs. on any day and 60 hrs. in a week.

7-Provisions regarding cleanliness, over crowding, ventilation, lighting, toilet, bathroom, supply of drinking water, emergency escape exits in case of fire, prohibition of necked flame in the vicinity of inflammable material, dangerous operation / machine, flame proof electrical fittings at hazardous place / atmosphere were introduced.

8-Occupair & Manager both will be held liable for penalties and the fine increased to Rs 500/- from Rs 200/-. After the minor amendments of the Factories Act in 1923 and in 1926 the major amendment came in force with the Factories Act of 1934 amendments with the changes as highlighted below :

1-Provintial Govt. empowered to decide any premises as factory where in 10 or more workers are employed irrespective of whether they use power or not.

2-A person who has completed 12 Yrs. but not 15 yrs. of age will be treated as child.

3-A person completing 15 Yrs. but not completing 17 Yrs. of age will be treated as adolescence and if certified fit can work full time during the day.

4-Working hrs. for adults 10 hrs. per day and 54 hrs. per week with interval of ½ hrs. for five hrs. of continuous working or 1 hr. rest for continuous 6 hrs. of work.

5-Women employment restricted between 7:00 PM to 6:00 AM.

6-Factories having 50 or more women workers to have crèche for children below six Yrs. of age.

7-Over time rate as per this Act became 1.5 times. Amendment of the Factories Act 1945 brought the following two amendments in force.

1-Annual leaves of 10 days for adult workers and of 14 days for child worker on completion of 12 months continuous service.

2-Over time rate became double i.e. 2 times from 1.5 times. Next amendment of the Factories Act 1948 was brought in force to make the Factories Act in

line with industrially advanced countries and it became the Law from 1st, April 1949 by coming in line with the British Factories Act having the following major amendments in the Act :

1-Age of employment for child was increased from 12 Yrs. to 14 Yrs.2-Working hrs. for child was reduced to 4½ hrs.3-Quantum of annual leaves was increased by 30 days earned leave in a year with the grant of 10 days holidays during the year and 48 hrs. per week limit of working, continued with some minor amendments of the Factories Act 1954. Section 36A.- Precautions regarding portable electrical lights of flameproof construction & tools voltage to be restricted to 24 volts only. Section 40B.- Appointment of qualified Safety Officer as may be specified in the notification and prescribed by the State Government. Under chapter VI. Section 80.- Wedges during leave period. Provision of payment of wedges in lue of leave even to the worker quieting employment.

Under chapter X. Section 92.- Fine. Maximum fine increased from Rs.500 to Rs.2000 and minimum fine for violation of Safety provision under Section 87 of Dangerous operations was fixed.

After the biggest Industrial disaster of December 1984 in a Union Carbide Plant of Bhopal ultimately the major changes in the Factories Act of 1948 were brought in force by the amendment 1987 with in three years in the Act in existence, by supplementing the Section 41 of the Act by inserting a new chapter, IV-A on ‘PROVISION RELATING TO HAZARDOUS PROCESSES” in it with the following eight Sections in the amended Act, apart from doing significant changes in some of the prevalent Sections in the chapters I, II, IV, VII, IX & X of the existing Factories Act 1948.

Section 41A.-Constitution of Site Appraisal committees.Section 41B.-Compulsary disclosure of information by the occupier.Section 41C.-Specific responsibility of the occupier in relation to hazardous processes.Section 41D.-Power of Central Government to appoint Inquiry Committee.Section 41E.-Emergency standards.Section 41F.-Permissible limits of exposure of chemical and toxic substances.Section 41G.-Workers’ participation in safety management.Section 41H.-Righ of workers to warn about imminent danger.Under chapter I.Section 2 (ca).-Definition of competent person was introduced.Section 2 (cb).-Schedule of Industries specifying the hazardous process was introduced.Section 2 (n).-Definition of occupier was changed.

After the biggest Industrial disaster of December 1984 in a Union Carbide Plant of Bhopal ultimately the major changes in the Factories Act of 1948 were brought in force by the amendment 1987 with in three years in the Act in existence, by supplementing the Section 41 of the Act by inserting a new chapter, IV-A on ‘PROVISION RELATING TO HAZARDOUS PROCESSES” in it with the following eight Sections in the amended Act, apart from doing significant changes in some of the prevalent Sections in the chapters I, II, IV, VII, IX & X of the existing Factories Act 1948.

Section 41A.-Constitution of Site Appraisal committees.Section 41B.-Compulsary disclosure of information by the occupier.Section 41C.-Specific responsibility of the occupier in relation to hazardous processes.Section 41D.-Power of Central Government to appoint Inquiry Committee.Section 41E.-Emergency standards.Section 41F.-Permissible limits of exposure of chemical and toxic substances.Section 41G.-Workers’ participation in safety management.Section 41H.-Righ of workers to warn about imminent danger.Under chapter I.Section 2 (ca).-Definition of competent person was introduced.Section 2 (cb).-Schedule of Industries specifying the hazardous process was introduced.Section 2 (n).-Definition of occupier was changed. Under chapter II.Section 7A.-General duties of the occupier was defined.Section 7B.-General duties of the manufacturers etc. as regards articles and substances

for use in factories was introduced.Under chapter IV.Section 25.- Protection against self acting machines was introduced.Section 36.- Precautions against dangerous fumes, gasses, etc. was introduced.

Section 38.- Precautions in case of fire to be ensured were emphasized. Under chapter VII.Section 71.-Working hours for children were defined.Under chapter IX.Section 87.-In case of any injury under this section the fine of Rs.500/= was increased to Rs.5000/= and in case of fatal accident minimum fine of Rs.1000/= was increased to not less than to Rs.25000/=Section 87A.-Power to prohibit employment on account of serious hazard.Under chapter X.Section 92.- General penalty for offences of penalty clause of Rs.2000/= was increased to Rs.1,00000/= with imprisonment from 3 months to 2 years and fine of Rs.175/= increased to up to Rs.1000/= for continued contraventions.Section 104A.- Onus of providing limits of what is practicable, etc.

Under the social welfare legislation the Factories Act. 1948 was written by keeping the following three main objectives to govern the working conditions of workmen in the factories in the frame :- (1) Health, welfare and safety of workmen.

The Act aims to protect workers employed in factories against industrial and occupational hazards and to ensure safe and healthy conditions of life and work. It makes detailed provisions regarding health, safety and welfare of workers in order to provide good working conditions and other facilities to enhance their welfare. (2) Working hours of adults and annual leave with wages.

The Act imposes certain restrictions as to hours of work and also makes provisions for leave and rest. (3) Employment of women and young persons.

The Act makes stringent provisions, particularly with regard to length of working hours, in regard to women and young persons. The Factories Act extends to the whole of the India including the State of Jammu and Kashmir with its object to regulate the conditions of work in manufacturing establishments which come within the definition of the term ”factory” as used in the Act. Unless otherwise provided, it also applies to factories belonging to the Central or any State Government (Sec. 116).

“Factory” means any premises including the precincts thereof-(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 out on with the aid of power, or is ordinarily so carried on, or

(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 out on without the aid of power, or is ordinarily so carried on,-

but does not include a mine subject to the operation of 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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