FACTORIES ACT MBA Anna University study material

Study methods

1. •An Overview of Factories Act ,1948
•Payment of Wages Act,1936
•Payment of Bonus Act ,1965
•Industrial Disputes Act,1947
UNIT-III

2. The Factories Act, The Factories Act,
1948 1948
MRS.SUSAN JAYASEELI MANUEL
ASSO PROF & HEAD -MBA

3. In India the first Factories Act was passed in 1881.
This Act was basically designed to protect children and to
provide few measures for health and safety of the workers.
 This law was applicable to only those factories, which
employed 100 or more workers.
In 1891 another factories Act was passed which extended
to the factories employing 50 or more workers. Now the
Factories Act, 1948.

4. HIGHLIGHTS:
•
The Factories Act, 1948 came into force on the 1
st

day of April,1949 and extends to the whole of India.
It was, in fact, extended to Dadra & Nagar Haveli,
Pondicherry in 1963, to Goa in 1965 and to the State
of Jammu & Kashmir in 1970.
• The Factories Act was amended in 1949, 1950,
1954, 1956, 1976 and 1989.

5. Objectives of the Act
•Protects the interest of workmen .
• Ensures better working conditions in an
workplace.
•It prevents the employers from taking undue
advantages of workmen of workmen because of
their weaker bargaining power
•Regulates the conditions of employment of young
person’s including women

6. •It provides for safe & healthy
working condition inside factories .
•steps for the welfare of worker.
•It ensures uniformity in the number
of working hours & leave with wages
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7. What is a 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, with the aid of power, or
•(ii) whereon twenty or more workers are
working, without the aid of power and
•In any part of which a manufacturing process is
being carried on.

8. –Essential Elements of a factory :
•There must be a premises
•There must be manufacturing process which is
being carried on or is so ordinarily carried or on in
any part of a such premises.
•There must be ten or more workers who are were
working in such premises or any day of the last 12
months where the manufacturing process is carried on
with the aid of power
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The factories act 1948
8

9. THE FACTORIES ACT, 1948 .
The following have held to be a factory:-
i.Salt works
ii.A shed for ginning and pressing of cotton
iii.A Bidi making shed
iv.A Railway Workshop
v.Composing work for Letter Press Printing
vi.Saw Mills
vii.Place for preparation of foodstuff and other eatables

10. What is a manufacturing process?
Manufacturing process means any process for-
(i) making, altering, repairing, ornamenting, finishing,
packing, oiling, washing, cleaning, breaking up,
demolishing, or otherwise treating or adapting any
article or substance with a view to its use, sale,
transport, delivery or disposal; or
(ii) pumping oil, water, sewage or any other substance; or
(iii) generating, transforming or transmitting power; or

11. iv) composing types for printing, printing by letter
press, lithography, photogravure or other similar
process or book binding
(v) constructing, reconstructing, repairing, refitting,
finishing or breaking up ships or vessels;
(vi) preserving or storing any article in cold storage.
[section 2(k)].
11

12. Who is a worker?
A person employed in any manufacturing process
or cleaning or any work incidental or connected
with the manufacturing process.
A person employed, directly or by or through any
agency with or without knowledge of the
principal employer.
Whether for remuneration or not.
Relationship of master & servant
•does not include any member of the armed
forces of the Union.

13. Definitions[Sec.2]
•“Adult” means a person who has completed his
eighteenth year of age
•“Adolescent” means a person who has completed
his fifteenth year of age but has not completed his
eighteenth year
•“Child” means a person who has not completed
his fifteenth year of age
•“Young person” means a person who is either a
child or an adolescent

14. •
“Day” means a period of twenty-four hours beginning at
midnight;
•"week" means a period of seven days beginning at
midnight on Saturday night
•“Calendar year” means the period of twelve months
beginning with the first day of January in any year
•“Power” means electrical energy, or any other form of
energy which is mechanically transmitted and is not
generated by human or animal agency;
•“Prime mover” means any engine, motor or other
appliance which generates or otherwise provides power

15. The Inspecting Staff [Sec.8]
•State government may appoint Chief Inspector,
Additional Chief Inspectors, Joint Chief
Inspectors, Deputy Chief Inspectors, and
Inspectors.
•Prescribe their duties and qualifications
•Every District Magistrate shall be an Inspector for
his district
•Every inspector is deemed to be a public servant
within the meaning of the Indian Penal Code

16. Powers of Inspectors [sec.9]
•Enter factory premises for investigation
•Examine the premises
•Inquire into any accident or dangerous occurrence
•Require the production of any prescribed register or document
•Seize, or take copies of, any register, record or other document
•Take measurements and photographs and make such recordings
•Exercise such other powers as may be prescribed
•No person shall be compelled under this section to answer any
question or give any evidence tending to incriminate himself .

17. Certifying Surgeon[Sec.10]
•State Government may appoint qualified medical
practitioners to be certifying surgeons And the certifying
surgeons can authorizes any medical practitioner to
exercise his powers
•Duties of surgeons
•(a) the examination and certification of young persons
under this Act;
•(b) the examination of persons engaged in factories in
such dangerous occupations or processes

18. Who is the occupier?
•Has ultimate control over the affairs of factory.
•It includes a partner in case of firm and director in
case of a company.
•In case of Government company, a person
appointed to manage affairs of the factory shall be
occupier.
•in the case of a ship which is being repaired, the
owner of the dock shall be deemed to be the
occupier.

19. •supervising the factories where
•(i) cases of illness have occurred which are
due to the nature of the manufacturing
process or
•(ii) due to manufacturing process there is a
likelihood of injury to the health of workers
or
•(iii) young persons are employed in any
work which is likely to cause injury to their
health.
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20. 20
Provision –
I
HEALTH Provisions

21. Health Provisions[Sec.11-20]
•Chapter III of Factories Act contain details regarding health of
workers.
•Sec. 11. Cleanliness.
•Sec.12. Disposal of wastes and effluents.
•Sec. 13. Ventilation and temperature.
•Sec. 14. Dust and fume.
•Sec. 15. Artificial humidification.
•Sec. 16. Overcrowding.
•Sec. 17. Lighting.
•Sec. 18. Drinking water.
•Sec. 19. Latrines and urinals.
•Sec. 20. Spittoons.

22. Cleanliness [sec.11]
•The working conditions should be clean
and safe.
•(Floor- Workrooms- Staircases)
• accumulation of dirt and refuse shall
be removed daily by sweeping etc.;

23. Cleanliness [sec.11]
•Clean the floor at least once a week by washing,
using disinfectant;
•If floor becomes wet - effective means of
drainage shall be provided & maintained
Inside walls, partitions, ceiling, tops of rooms,
wall sides, passage & staircase:-
• if painted with non-washable paint or varnish-
shall be repainted or revarnished every five
year.

24. Cleanliness [sec.11]
•If painted with washable paint shall be repainted
every five year & washed in six months.
•In any case be kept white washed &White wash
every 14 weeks.
•Same way all doors, window frames other
wooden & metallic framework be painted in five
years.
•dates on which the processes are carried out shall
be entered in the prescribed register.

25. Disposal of wastes and
effluents. [sec. 12.]
•Treatment of wastes and effluents and their
disposal
•Rules by the State Government prescribing
arrangements

26. Ventilation &
Temperature sec.13
•Maintenance of adequate
ventilation and
temperature.
•Process producing high
temperature to be
separated.
•Standard of adequate
ventilation and temperature
to be prescribed and
provision of measuring
instruments

27. •Prescription of measures by the State
Government to reduce temperatures
•Service of notice by the Chief Inspector on
the occupier to adopt measures for
reduction of temperatures
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28. Dust and fume.(Sec.14)
• If in the factory – out of the
manufacturing process, there is
given off any dust or fume or other
impurity - as likely to be injurious or
offensive to the workers –
•Effective measures shall be taken to
prevent its inhalation and
accumulation in any workroom, and
if any exhaust appliance is necessary,
it shall be applied.

29. Dust and fume.(Sec.14)
•Measures for prevention of inhalation or
accumulation of dust and fumes..
•Exhaust for internal combustion engine.

30. Artificial humidification.(Sec. 15)

31. Artificial humidification.(Sec. 15)
•For factories in which the humidity of the air is
artificially increased, The State Government may make
rules,-
•(a) prescribing standards of humidification;
•(b) regulating the methods used for artificially increasing
the humidity of the air;
•(c) directing prescribed tests for determining the
humidity to be correctly carried out and recorded;
•(d) prescribing methods for securing adequate
ventilation and cooling of the air in the workrooms.
•e) Water used for artificial humidification to be clean

32. Artificial humidification.(Sec. 15)
•If humidity is artificially increased, the water
used for the purpose shall be taken from
•(i)a public supply, or
•(ii) other source of drinking water, or
•(iii)shall be effectively purified.

33. Overcrowding
(Sec.16)
•No room in any factory shall be overcrowded to an
extent injurious to the health of the workers
employed therein.
• 14.2 cubic meters space per worker. While
calculating this space, the space which is more
than 4.2 meters above the level of the floor of the
room. will not be taken into account.
•Notice of maximum of workers to be employed in
a workroom

34. Overcrowding (Sec.16)•Notice specifying the maximum number of
workers, which can be employed in any work
room can be displayed in the premises by the
order Chief Inspector
•The chief Inspector may by order in exempt,
any workroom from the provisions of this
section, if he is satisfied that compliance
therewith in respect of the rooms is
unnecessary in the interest of the health of the
workers employed therein.

35. Lighting[Sec17]
• Sufficient & suitable lighting in
every part of factory, natural or
artificial or both lighting shall be
provided and maintained.
•All glazed windows and skylights
used for the lighting of the workroom
shall be kept clean.
•Measures for prevention of glare and
formation of shadows
•Prescription of standards of
sufficient and suitable lighting

36. Drinking water[Sec.18]
•In every factory effective
arrangements shall be made for
wholesome drinking water at suitable
points and conveniently situated for
all workers with a sufficient supply.
•Drinking points to be marked as
drinking water.
•They should be at least 6 meters away
from wash room/urinal/
latrine/spittoons.
•If >250 workers are working, then
have cool water facility also.
•State Govt. may make rules.

37. Latrines and Urinals[Sec.19]
•Sufficient latrine and urinal
accommodation of prescribed
types shall be provided.
•It conveniently situated and
accessible to workers at all times
while they at the factory;
•Separate enclosed
accommodation shall be provided
for male and female workers;

38. Latrines and Urinals[Sec.19]
•Such accommodation shall be adequately lighted
and ventilated.
•No latrine or urinal shall, communicate with any
workroom except through an intervening open
space or ventilated passage;
•All such accommodation shall be maintained in a
clean and sanitary condition at all times;
•Sweepers shall be employed.

39. Latrines and Urinals[Sec.19]
•If > 250 workers are ordinarily employed-
•(i) All latrine and urinal accommodation shall be
of prescribed sanitary types;
•(ii) The floors and internal walls, up to a height of
90 centimetres of the latrines and urinals and the
sanitary blocks shall be laid in glazed tiles or
otherwise finished to provided a smooth polished
impervious surface;

40. Latrines and Urinals[Sec.19]
•If > 250 workers are ordinarily employed-
•(iii) The floors, portions of the walls and blocks so
laid or finished and the sanitary pans of latrines
and urinals shall be thoroughly washed and
cleaned at least once in every seven days with
suitable detergents or disinfectants or with both.

41. Spittoons
[Sec.20]
•There should be sufficient number
of spittoons.
•No person shall spit within the
premises of a factory except in the
Spittoons provided for the purpose
•Whoever spits in contravention
shall be punishable with fine not
exceeding five rupees

42. Provision –
II
S
afety Provisions
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43. Safety of Worker
•CHAPTER IV DEALS WITH SAFETY OF
WORKERS…Sec. 21 to 40

44. Fencing of Machinery[Sec.21]
(i) every moving part of a prime
mover and every flywheel
connected to a prime mover;
(ii) the headrace and tailrace of
every water-wheel and water
turbine;
(iii)any part of a stock-bar which
projects beyond the head stock
of a lathe; and
.

45. Work on or near machinery in motion. Sec. 22
(iv) unless they are safe, the following, namely,--
(a) every part of an electric generator, a motor or rotary convertor;
(b) every part of transmission machinery; and
(c) every dangerous part of any other machinery, shall be securely fenced
by safeguards of substantial construction which shall be constantly
maintained and kept in position
d) No woman or young person shall be allowed to clean, lubricate or
adjust any part of a prime mover or of any transmission machinery
etc, while the machinery is in motion.

46. •such worker shall not handle a belt at a moving pulley
unless,-
•(i) the belt is not more than fifteen centimetres in width;
•(ii) the pulley is normally for the purpose of drive and
not merely a fly-wheel or balance wheel (in which case a
belt is not permissible);
•(iii) the belt joint is either laced or flush with the belt;
•(iv) the belt, including the joint and the pulley rim, are in
good repair;

47. (v) there is reasonable clearance between the pulley and
any fixed plant or structure;
(vi)secure foothold and, where necessary, secure
handhold, are provided for the operator; and
(vii) any ladder in use for carrying out any examination
or operation aforesaid is securely fixed or lashed or is
firmly held by a second person;

48. NO Employment of young
persons on dangerous
machines[Sec.23]
•No young person shall be required
or allowed to work at any machine
to which 22 section applies,
•unless he has been fully instructed
as to the dangers arising in
connection with the machine and
the precautions to be observed
and-

49. a) has received sufficient training in work at the
machine, or
(b) is under adequate supervision by a person
who has a through knowledge and experience of
the machine
49

50. Striking gears[Sec.24]
•In every factory suitable
striking gear or other efficient
mechanical appliance shall be
provided and maintained and
used to move driving belts to
and from fast and loose
pulleys.

51. •In every factory suitable devices for cutting off
power in emergencies from running machinery
shall be provided and maintained in every work-
room
•When a device, which can inadvertently shift from
"off" to "on" position, is provided in a factory,
arrangements shall be provided for locking the
device in safe position to prevent accident
51

52. No traversing part of a self-
acting machine. [Sec.25]
•No traversing part of a self-acting
machine in any factory and no material
carried thereon shall, if the space over
which it runs is a space over which any
person is liable to pass

53. • be allowed to run on its outward or inward traverse
within a distance of forty-five centimetres from any
fixed structure which is not part of the machine
53

54. Casing of new machines[Sec.26]
•(1) every set screw, bolt or key on any revolving
shaft, spindle, wheel or pinion shall be so sunk,
encased or otherwise effectively guarded as to
prevent danger;
•(2) all spur, worm and other toothed or friction
gearing which does not require frequent adjustment
while in motion shall be completely encased.

55. (3) Whoever sells or hire etc, any machinery not
complying with these provisions, shall be
punishable with imprisonment for a term which
may extend to three months or with fine which
may extend to five hundred rupees or with both.
55

56. Cotton
openers[Sec.27]
•No woman or child shall be
employed in any part of a
factory for pressing cotton in
which a cotton-opener is at
work.

57. Hoists and lifts[Sec.28]
•(1) every hoist and lift shall be-
•(i) of good mechanical construction, sound material
and adequate strength:
•(ii) properly maintained, and shall be thoroughly
examined by a competent person at least once in
every period of six months, and a register shall be
kept;
•(2) every hoist way and lift way shall be sufficiently
protected by an enclosure fitted with gates, and
prevent any person or thing from being trapped
between;
•(3) the maximum safe working load shall be plainly
marked on every hoist or lift;

58. additional requirements hoists and lifts
used for persons.Sec.28
•(1) the cage of every hoist or lift used for carrying
persons shall be fitted with a gate on each side from
which access is afforded to a landing;
•(2) where the cage is supported by rope or chain, there
shall be at least two ropes or chains separately
connected with the cage;
•(3) efficient devices shall be provided and maintained
capable of supporting the cage together with its
maximum load in the event of breakage of the ropes,
chains or attachments;
•(4) an efficient automatic device shall be provided and
maintained to prevent the cage from over-running.

59. Lifting machines, chains, ropes & lifting
tackles. [Sec.29]
•Cranes & lifting machines, etc. to be of good
construction & to be examined once in every 12
month.
•Cranes and lifting machines not to be loaded
beyond safe working load.
•Cranes not to be approach within 6 meters of a
place where any person is employed or working.

60. Revolving machines[Sec.30]
•In every factory in which the
process of grinding is carried on
there shall be permanently affixed
to or placed near each machine in
use a notice indicating the
maximum safe working peripheral
speed of every grindstone.
•The speeds indicated in notices
under sub-section (1) shall not be
exceeded.

61. Pressure plant[Sec.31]
•There should be safe working pressure on
pressure plants.
•If machinery or any part thereof is operated
at a pressure above atmospheric pressure,
effective measures shall be taken to ensure
that the safe working pressure of machinery is
not exceeded.

62. Floors, Stairs etc.[Sec.32]
•(1) all floors, steps, stairs, passages and gangways
shall be of sound construction and properly
maintained and shall be kept free from
obstructions and substances likely to cause
persons to slip, and where it is necessary to
ensure safety, steps, stairs, passages and gangways
shall be provided with substantial handrails;
•(2) when any person has to work at a height from
where he is likely to fall, provision shall be made,
by fencing or otherwise, to ensure the safety of
the person so working.

63. Pits, sumps, openings in floors etc.
[Sec.33]
•In every factory every fixed vessel, sump, tank,
pit or opening in the ground or in a floor
which, by reason of its depth, situation,
construction or contents, is or may be a source
of danger, shall be either securely covered or
securely fenced.

64. Excessive weights[Sec.34]
•(1) No person shall be employed in any
factory to lift, carry or move any load so
heavy as to be likely to cause him injury.
•(2) The State Government may make rules
prescribing the maximum weights which may
be lifted, carried or moved by adult men,
adult women, adolescents and children
employed in factories or in any class or
description of factories or in carrying on any
specified process.

65. Protection of eyes[Sec.35]
•If manufacturing process, which involves-
•(a) risk of injury to the eyes from particles or
fragments thrown off in the course of the
process, or
•(b) risk to the eyes by reason of exposure to
excessive light,
•the State Government may by rules require
that effective screens or suitable goggles shall
be provided for the protection of persons
employed on, or in the immediate vicinity of,
the process.

66. Dangerous fumes etc[Sec.36]
•Prohibited to employ workers in places
where dangerous gas / fume is present.
•Practicable measures should be taken for
removal of gas, fume, etc.

67. Portable electric light[Sec.36A]
•It should not be above 24 volts

68. Explosive or inflammable dust, gas,
etc.[Sec.37]
•Take all measures for safety and to
prevent explosion on ignition of gas, fume
etc.

69. Precautions in case of fire[Sec.38]
•There should be separate exit for cases of
fire.
•There should be facilities for extinguishing
fire.

70. Role of inspector[Sec.39,40]
•Section 39, 40 and 40A talk about various roles
that have been assigned to the inspector.
•He may call for details regarding building,
machines etc.

71. Safety officer[Sec.40B]
•If 1000 or more workers are employed,
appoint a separate safety officer.

72. Power to make rules to supplement
the above provisions[Sec.41]
•The State Government may make rules requiring
the provision in any factory of such further devices
& measures for securing the safety of persons
employed therein as it may deem necessary.

73. Welfare Provision[Sec.42-50]
•Washing facilities(Sec 42)
•Facilities for, storing & drying clothes(Sec43)
•Facilities for sitting(Sec 44)
•First aid appliances(Sec 45)
•Canteen( Sec46)
•Rest room, shelters, lunch room( Sec 47)
•Creches (Sec 48)
•Welfare Officers(Sec 49)
•Power to make rule(Sec 50)

74. Washing facilities[Sec.42]
•There should be washing facilities in every
factory for the workers–separate for male and
female workers-properly screened.
•conveniently accessible and shall be kept clean.

75. Facility for storing and drying of
clothing[Sec.43]
•The State Government may, make rules
requiring the facility of
•(i)places for keeping clothing not worn during
working and
•(ii)for the drying of wet clothing.

76. Facilities for sitting[Sec.44]
•Suitable arrangements for sitting shall be
provided and maintained for all workers
obliged to work in a standing position
•If in the opinion of Chief Inspector, worker can
work by sitting, he may, require the occupier to
provide seating arrangements as may be
practicable.

77. First-aid appliances[Sec.45]
•There should be at least 1 first aid box for every
150 workers.
•It should have the prescribed contents.
•A responsible person should should be in charge,
hold a certificate on first aid treatment.
•An ambulance room in charge medical and
nursing staff as may be prescribed should be
there if the number of workers is more than 500.

78. Canteen[sec.46]
•The State Government may make rules requiring
that a canteen or canteens shall be provided and
maintained, if more than 250 workers are
employed.

79. Canteen[sec.46]
•such rules may provide for--
•(1) the date by which such canteen shall be provided.
•(2) the standards in respect of construction,
accommodation, furniture and other equipment of the
canteen.
•(3) the foodstuffs to be served and the charges.
•(4) the constitution of a managing committee.
•(5) the items of expenditure in the running of the canteen
which are not to be taken into account in fixing the cost of
foodstuffs and which shall be borne by the employer.

80. Shelter, rest room, lunch room[Sec.47]
•When 150 workers are working, there should be
rest rooms, lunch room, etc.
•Such places should be having drinking water
facilities etc.

81. Creches[Sec.48]
•If the number of women workers is more than 30,
there should be the creches.
•It should be sufficiently lighted, ventilated & to be
under the charge of trained women

82. Welfare Officer[Sec.49]
•If the number of workers is 500 or more, there
should be a welfare officer to look after the
welfare of the workers.
•The State Government may prescribe the duties,
qualifications and conditions of service of the
welfare officers.

83. In Nutshell
•Crèche - > 30 women workers
•Restroom / shelters and lunch room - > 150 workmen
•Cooled drinking water - > 250 workers
•Canteen - > 250 workers
•Ambulance room – Doctor, Nurse and Dresser cum
compounder - > 500 workers
•Welfare officer - > 500 workers
•Lady welfare officer - > more nos. of women workers

84. Working hours Of Adults
•Chapter VI
•The rule as to the regulation of hours of
work of adult workers in a factory and
holidays.

85. Working Hours
•Sec.51-Weekly hours not more than 48
hours a week
•Sec.52-First day of the week i.e. Sunday shall
be a weekly holiday, unless--
•(i) he has or will have a holiday for a whole
day on one of the three days immediately
before or after the said day, and (ii) notice to
the Inspector & displayed in the factory.
•Sec.53-Compensatory holidays

86. Daily Working Hours
•Sec.54- adult not more than nine hours in any
one day.
•With previous approval of the Chief Inspector,
it may be exceeded in order to facilitate the
change of shifts.
•Sec.55-Intervals for rest-no worker shall work
for more than 5 hours before he has had an
interval for rest of at least 1/2 an hour.
•Inspector may increase it up to six hours.

87. Spread over[sec.56]
•Inclusive of rest intervals they shall not
spread over more than 10-1/2 hours in
any day
•Inspector may increase the spread over
up to 12 hours.

88. Night Shifts[Sec.57]
•If shift extends beyond midnight, a holiday for
him will mean a period of 24 hours beginning
when his shift ends.
•the following day for him shall be deemed to
be the period of twenty-four hours beginning
when such shift ends,
•and the hours he has worked after midnight
shall be counted in the previous day.

89. Prohibition Overlapping Shifts[Sec.58]
•Work shall not be carried in any factory by
means of system of shifts so arranged that
more than one relay of workers is
engaged in the work of same kind at the
same time.

90. Extra Wages for Overtime[Sec.59]
•If a worker works for more than 9 hours in any
day or for more than 48 hours in any week, he
shall be entitled to wages at the rate of twice
his ordinary rate of wages.
•"ordinary rate of wages" means the basic
wages plus such allowances.
•but does not include a bonus and wages for
overtime work.
•If workers paid on a piece-rate basis, it shall be
equivalent to the daily average of their full-
time earnings for the last month.

91. Restriction on Double Employment
[Sec.60]
•No adult worker shall be required or
allowed to work in any factory on any day
on which he has already been working in
any other factory, save in such
circumstances as may be prescribed.

92. Notice of periods of work for Adult
Workers [Sec.61]
•A notice of periods of work for adults,
showing clearly for every day the periods
during which adult workers may be
required to work shall be displayed and
correctly maintained.
•Periods to be fixed beforehand.

93. Register of Adult Workers [Sec.62,63]
•The manager should maintain Register of
Adult workers showing-
-Name
-Nature of work
-The Group etc.
Of each & every Adult Worker in the factory.
•The Register shall be available to the
Inspector at all time during working hours.

94. CHAPTER VII:
Employment of young persons

95. Prohibition of employment of young
Children [Sec.67]
•No child who has not completed his 14
year shall be required or allowed to work
in any factory.

96. Non-Adult workers to Carry Tokens
[Sec.68]
•An adolescent shall not be required or
allowed to work in any factory unless--
•(a) a certificate of fitness granted to him U/S
69 is in the custody of the manager; and
•(b) such an adolescent carries, while he is at
work, a token giving a reference to such
certificate.

97. Certificate of fitness
•Is a certificate issued by a certifying
surgeon after examining him &
ascertaining his fitness for work in factory.
•Valid for 12 Months.
•Revocation of Certificate by surgeon , if
child is no longer fit.
•Fee payable by Employer:-Fee &
Renewable Fee to be paid by occupier.

98. Working Hours for Young
persons[Sec.71,72]
•Working Hours limited to 4-1/2
•Not during Nights.
•Period of work limited to 2 shifts.
•Entitled to weekly Holidays.
•Female to work only between 6am to 7
pm.
•Fixation of periods of work beforehand.

99. Register of Young persons
•The manager should maintain Register of
Adult workers showing-
•-Name
•-Nature of work
•-The Group etc.
•Of each & every Adult Worker in the
factory.
•The Register shall be available to the
Inspector at all time during working hours.

100. Power to require Medical
Examination[Sec.73]
Inspector has the power to direct manager
to have medical examination of young
persons working in case-
•Young Persons working without License is
to be treated as child.
•They no longer seem to be Fit.

101. Employment of Women
•Prohibition of women workers at night shift
•Women shall not be allowed to work in any
factory except between the hours of 6 A.M.
and 7 P.M..
•The inspector may relax this norm but
prohibited between 10 P.M. and 5 A.M.
•Working hours not more than-weekly 48 hours
& daily 9 hours

102. Annual Leave with Wages[Sec.78-
84(Chapter- VIII)]
•Rules:
1) Leave Entitlement-
One day for every 20/15 days of work performed in case of
adult/Child who has worked for period of 240 days.
2) Computation of Period of 240 days-
The days of lay-off, maternity leave not exceeding 12 weeks,&
earned leave in previous year should be included.
3)Discharge, Dismissal , Superannuation ,death , quitting
of employment-
He , his heir , nominee as the case may be entitled to wages.

103. 4) Treatment of Fraction of Leave:-
Half day or more is treated as full while less than half is
omitted.
5) Treatment of Un-availed leave:
Should be carried – forward to next calendar year but shall
not exceed 30 in case of an adult & 40 in case of child.
6)Application for leave to be made in writing within
specified time.
7)Scheme for grant of leave.
8)Display of Scheme for grant of leave.
9)Refusal of leave to be in accordance with Scheme
10)Payment of wages to worker for leave period if
he is discharged or if he quits service.

104. Wages during leave period[sec.80]
•Worker is entitled to wages at a rate equal
to the daily average of his total full time
earnings for the days on which he actually
worked during the month immediately
proceeding his leave.

105. Penalties under the Act[Sec.92-106]

106. General Penalty for Offences [Sec.92]
•If there is any contravention of any of the
provisions of the act, the Occupier &
Manager each shall be Guilty &
punishable with
•Imprisonment for a term up to 2 years.
• with a fine up to Rs.1Lack
•or with Both.

107. •[Sec.93] further extends, if the contravention
under section 92 continued after
conviction ,they(Manager& Occupier) shall be
punishable with further fine which may
extend to Rs. 1000 for each day on which
contravention is so continued.

108. Enhanced Penalty after Conviction
[Sec.94]
•If a person convicted of any offence punishable
under Sec 92, is again guilty involving contravention
of same provision ,he shall be punishable with
•Imprisonment for a term which may extend to 3
years.
•Or fine which shall not be less than 10000
•Or both.
•If any contravention of provision relating to safety,
has resulted in an accident causing death /serious
bodily injury, Fine shall not be less than
Rs.35000/Rs.10000

109. Cognizance of Offences[sec.105]
•No court shall take cognizance of any offence
under this act except on a complaint by or with
the previous section in writing of an Inspector.
•The complaint shall be filed within 3 months of the
date on which offence comes to the knowledge of
an Inspector. But it can be six months , if offence
consists of disobeying a written order made by an
Inspector.

110. Appeal[Sec.107]
•The manager of the Factory or the
Occupier on whom an order in writing by
an inspector has been served, within 30
days of the notice, can appeal against it to
the prescribed Authority.

111. Display of Notices[Sec.108]
•A notice containing Abstracts of this Act & the
rules made there under and also the name &
address of the Inspector and the certifying
surgeon.
•Shall be in English& Language Understood by
the majority of the workers.
•Convenient Places or near main Enterance.

112. Returns[Sec.110]
•The State Govt. may make rules requiring
Owner , Occupier, Manager of factories to
submit Returns as may be required.

113. Power to make rules & give
directions[Sec.112,113,115]
•(Sec 112) The State Govt. may make rules providing
for any matter which may be discovered expedient
In order to give effect to the purposes of the act.
•(Sec 113) The central Govt. may also give directions
to the State Govt. as to carrying to the execution of
the provisions of the act.
•(Sec 115) provides for the publication of the rules
made under the act in the official Gazette.
113

114. Restriction on Disclosure of
Information[Sec.118-A]
• Every Inspector shall treat as confidential the
source of any complaint brought to his notice
on the breach of any provision of this act.
Further he shall not disclose to manager or
occupier that the inspection is made in
pursuance of the receipt of complaint.

115. THANK YOU...