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THE FACTORIES ACT 1948

Presents byMr. Nilesh Utpure

Under the guidance ofProf. Bidkar J. S.

Sharadchandra Pawar College of Pharmacy (otur) Pune-412409

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PRELIMINARY To consolidate & amend the law

regulating labor in factories Extends to whole of India 1st April 1948 Regulate health, safety, welfare,

employment, leaves, wages ,penalties of workers etc.

It describes some interpretations like

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Adult- Completed 18 years of age

Adolescent- Age between 15 to 18 years

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Child- Not completed 15 years of age

Calendar year- Period of 12 months beginning with 1st Jan of any year

Day- Period of 24hrs. beginning at midnight

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Power- Electrical energy or any other form of energy mechanically transmitted and not generated by human / animal

Factory- Whereon 10 or more/20 or more workers work on any day of 12 months

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Approval, licensing & registration of factoriesThe submission of plans of any

class/description to chief Inspector/state govt.

For the purpose of considering application for permission

Nature of plan & specification & by whom they shall be certified

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Notice by occupier

Name & situation of factoryName & address of occupierAddress of communication relating factoryNature of manufacturing processName of manager of factoryNumber of workers in factory

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THE INSPECTING STAFF Inspector

A person who possess the prescribed qualification

Appointed by state government by notification in official gazette for the local limits

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Powers of inspectorEnter, with such assistants, being person in

the service of the govt., or any local/other public authority as he think fit, any place which is used, or which he has reason to believe is used, as a factory

Examination of premises, plant, machinery, article or sample

Inquiry of any accidental/dangerous occurrence

Ask for any register, record or document

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Certifying surgeonsA qualified medical practitioner appointed by

state govt.

Duties i. Examination & certification of young personsii. Examination of persons engaged in factoriesiii. Medical supervision as may be prescribed

for any factory

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WORKING HOURS OF ADULTS Weekly hours: Not required/allowed

more than 48 hrs. in any week Weekly holidays: Not required/allowed

to work on first day of the week Daily hours: No adult worker

required/allowed to work more than 9 hrs. in any day

Intervals for rest: No worker shall work for more than 5 hrs. before he had an interval of ½ hr.

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Extra wages for overtime:When worker works more than 9 hrs. in day

or 48 hrs. in week he get ordinary rate

The rate is twice than the ordinary rates of wages for OT

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EMPLOYMENT OF YOUNG PERSONS Prohibition of employment of children's:

Under 14 are not allowedRestricted by government

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Non-adult workers to carry tokens:A child completed 14 years of age not

allowed to work unless-A certificate of fitness granted with reference to him under sec.69 is in the custody of the manager of the factory

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Register of child workers:The manager should maintain the register

of child worker, which include

a. Name of child workerb. Nature of workc. No. of his certificate of fitness granted

under sec.69d. The group, if any, in which he is included

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ANNUAL LEAVE WITH WAGES

Adult :-1 day for every 20

days of work performed by him during the previous calendar year

Child1 day for every 15

days of work performed by him during the previous calendar year

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PENALTIES General penalty for offences

The occupier & manager of the factory shall each be guilty of an offence & punishable with imprisonment for a term which may extend to 2 yrs./fine which may extend to 1,00,000/-Rs./both

1000/-Rs. per day for continuing contravention

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Penalty for obstructing inspector: If fails to produce on demand of Inspector

any register or other document in his custody kept in pursuance of this Act, shall be punishable with imprisonment for a term which may be extend to 6 months or fine which may extend to 10,000/-Rs. or with both.

Penalty for wrongfully disclosing results of analysis under sec.91 is same as for obstructing Inspector.

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Penalty for offence by worker: If contravenes any provision of this act shall

be punishable with fine which may extend to 500/-Rs.

Penalty for using false certificate of fitness Imprisonment up to 2 months or fine up to

1000/-Rs. or both

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Cognizance of offence:No court shall take cognizance of offence

under this Act except on complaint by, or with the previous sanction in writing of, an Inspector.

No court below that of a Presidency Magistrate or of the first class shall try any offence punishable under this Act.

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Any queries…

?

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THANK

YOU…