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CONTENTS

 

The Factories Act, 1948. 1

 

Applicability:. 1

 

Registration & Renewal of Factories. 1

 

Safety Measures. 1

 

Employment of Young Persons. 1

 

Welfare Measures. 2

 

Working Hours, Spread Over & Overtime of Adults. 2

 

Annual Leave with Wages. 2

 

Penal Provisions. 2

 

The Factories Act, 1948

 

Applicability:

 

Any premises whereon 10 or more persons with the aid of power or 20 or more workers are/were without aid of power working on any day preceding 12 months, wherein Manufacturing process is being carried on.

 

Registration & Renewal of Factories

 

To be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan.

 

Employer to ensure health of workers pertaining to

 

·         Cleanliness Disposal of wastes and effluents

·         Ventilation and temperature dust and fume

·         Overcrowding Artificial humidification Lighting Drinking water Spittoons

 

Safety Measures

 

·         Facing of machinery

·         Work on near machinery in motion.

·         Employment prohibition 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 and lifts.

 

Employment of Young Persons

 

·         Prohibition of employment of young children e.g. 14 years.

·         Non-adult workers to carry tokens e.g. certificate of fitness.

·         Working hours for children not more than 4 ½ hrs. and not permitted to work during night shift.

 

Welfare Measures

·         Washing facilities

·         Facilities for storing and drying clothing

·         Facilities for sitting

·         First-aid appliances one first aid box not less than one for every 150 workers.

·         Canteens when there are 250 or more workers.

·         Shelters, rest rooms and lunch rooms when there are 150 or more workers.

·         Crèches when there are 30 or more women workers.

·         Welfare office when there are 500 or more workers.

 

Working Hours, Spread Over & Overtime of Adults

·         Weekly hours not more than 48.

·         Daily hours, not more than 9 hours.

·         Intervals for rest at least ½ hour on working for 5 hours.

·         Spread over not more than 10½ hours.

·         Overlapping shifts prohibited.

·         Extra wages for overtime double than normal rate of wages.

·         Restrictions on employment of women before 6AM and beyond 7 PM.

 

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.

 

Penal Provisions

 

 

 

OFFENCE

PENALTIES

·   For contravention of the Provisions of the Act or Rules

·   Imprisonment up to 2 years or fine up to Rs.100000/- or both

·   On Continuation of contravention

·   Rs.1000 per day

·   Pertaining to safety or dangerous operations

·   Not less than Rs.25000 in case of death.

·   Not less than Rs.5000 in case of serious injuries.

·   Subsequent contravention of some provisions

·   Imprisonment up to 3 years or fine not less than Rs.10000 which may extend to Rs.200000

·   Obstructing Inspectors

·   Imprisonment up to 6 months or fine up to Rs.10000 or both

·   Wrongful disclosing result pertaining to results of analysis.

·   Imprisonment up to 6 months or fine up to Rs.10000 or both

·   For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger.

·   Imprisonment up to 7 years with fine up to Rs.200000 and on continuation fine @ Rs.5000 per day.

·   Imprisonment of 10 years when contravention continues for one year

 

 

 

 

Over & above following Labour Acts are also applicable to the Factory / Establishment

 

 

·         Apprentices Act, 1961

·         Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 & The Rules

·         Industrial Disputes Act, 1947

·         Industrial Employment (Standing Orders) Act, 1946 &The Rules

·         Sales Promotion Employees (Conditions of Service) Act, 1976 &The Rules

·         Trade Unions Act, 1926

·         Employee's Compensation Act, 1923

·         Child Labour (Prohibition and Regulation) Act, 1986

·         Bonded Labour System (Abolition) Act, 1976

·         The Equal Remuneration Act, 1976

·         Inter State Migrant Workmen( Regulation Of Employment & conditions Of service ) Act, 1979