Factory act

An act developed for setting up for the good of employees.

1. FACTORY ACT BY ANAND NARAYANAN D FEN 2018-33-01

2. INTRODUCTION In great Britain , the 2 nd half of the 18 th century , there was a rapid growth of industrial towns and factories. As it was started without planning , they employed the women as well as their children in factories who needed to work for more than 12 hours a day. Some of the employees took initiative to implement labour legislations , Factories Act came into existence in 1819. After some modifications , the final amended of factory Act took place in 1948

3. In India the first Factories Act was passed in 1881. This act was basically designed -to protect the children -to provide few measures for health and safety of workers 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.

4. Definition of a factory “Factory” on ten or more workers are working , or were working on any day of the preceding 12 months , and in any part of which a manufacturing process is being carried on with the aid of power , or is ordinarily so carried on ; or Whereon 20 or more workers are working , or were working on any day of the preceding 12 months , and in any part of which a manufacturing process is being carried on without the aid of power , or is ordinarily so carried on ; But does not include a mine subject to the operation of the Mines Act ,1952 or a mobile unit belonging to there Armed forces of the Union , a railway shed or a hotel , restaurant or eating place.

5. Objectives of Factories Act,1948 The main objectives of the Indian Factories Act, 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories . 1. Working Hours : According to the provision of working hours of adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week. There should be a weekly holiday.

6. 2.Health : For protecting the health of workers, the Act lays down that every factory shall be kept clean and all necessary precautions shall be taken in this regard. The factories should have proper drainage system, adequate lighting, ventilation, temperature etc . Adequate arrangements for drinking water should be made. Sufficient latrine and urinals should be provided at convenient places. These should be easily accessible to workers and must be kept cleaned . 3. Safety : In order to provide safety to the workers, the Act provides that the machinery should be fenced, no young person shall work at any dangerous machine, in confined spaces, there should be provision for man­holes of adequate size so that in case of emergency the workers can escape.

7. 4 . Welfare : For the welfare of the workers, the Act provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers . Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters, rest rooms’ and lunch rooms, crèches, should be there . 5 . Penalties :- The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. The following penalties can be imposed:- ( a) Imprisonment for a term which may extend to one year; ( b) Fine which may extend to one lakh rupees; or (c) Both fine and imprisonment. If a worker misuses an appliance related to welfare, safety and health of workers, or in relation to discharge of his duties, he can be imposed a penalty of Rs . 500/-

8. Applicability of Factories Act, 1948 The Act is applicable to any factory ; 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 on with the aid of power, or is ordinarily so carried on; or 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 on without the aid of power, or is ordinarily so carried on ; But this does not include a mine, or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.

9. Importance of Factories Act, 1948 The Factories Act, 1948 is a beneficial legislation . The aim and object of the Act is essentially to safeguard the interests of workers, stop their exploitation and take care of their safety, hygiene and welfare at their places of work. It casts various obligations, duties and responsibilities on the occupier of a factory and also on the factory manager . Amendments to the Act and court decisions have further extended the nature and scope of the concept of occupier, especially vis-a-vis hazardous processes in factories.

10. DEFINITIONS 1.Who is an Occupier? According to section 2(n) "occupier" of a factory means the person, who has ultimate control over the affairs of the factory . 2. Who is a Worker? According to section 2(l) ”worker" means a person employed directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer whether for remuneration or not in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union.

11. 3. What is a Manufacturing Process ? According to section 2(k) "manufacturing process" means any process for- ( i ) making , altering, repairing , ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting 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 (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding; or (v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) Preserving or storing any article in cold storage;

12. The important provisions of the Act are as follows :- No adult worker shall be required or allowed to work in a factory:- ( i ) for more than forty-eight hours in any week; and / or ( ii) for more than nine hours in any day . Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. Where a worker is deprived of any of the weekly holidays, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

13. The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour . Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of – ( i ) if an adult, one day for every twenty days of work performed by him during the previous calendar year ; (ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year. In the case of a female worker, maternity leave for any number of days not exceeding twelve weeks .

14. In order to safeguard the health of the workers:- Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance and in particular accumulations of dirt . Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous and for their disposal . Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom adequate ventilation by the circulation of fresh air; and such a temperature that will secure to workers reasonable conditions of comfort and prevent injury to health.

15. No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. Every part of a factory, where workers are working or passing, shall be provided with sufficient and suitable lighting, natural or artificial, or both. In every factory effective arrangements shall be made to provide, at suitable points conveniently situated for all workers employed therein, a sufficient supply of wholesome drinking water .

16. In order to ensure safety of the workers:-   Every dangerous part of any machinery shall be securely fenced and constantly maintained to keep it in position. No young person shall be required or allowed to work at any dangerous machine unless he has been fully instructed as to the dangers arising from it and the precautions to be observed as well as has received sufficient training in work at the machine . No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work (subject to the given conditions).

17. In every factory every hoist and lift shall be – ( i ) of good mechanical construction, sound material and adequate strength; ( ii) properly maintained, and thoroughly examined by a competent person at least once in every period of six months . No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapor or dust is likely to be present to such an extent as to involve risk to the workers, unless it is provided with a manhole of adequate size or other effective means of egress.

18. Certain facilities to be provided to the workers:- Every factory shall provide and maintain readily accessible first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards shall not be less than one for every 150 workers ordinarily employed at any one time in the factory . In any factory wherein more than 250 workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers .

19. In every factory wherein more than150 workers are ordinarily employed, adequate and suitable shelters, rest rooms and lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers . In every factory wherein more than 30 women workers are ordinarily employed, there shall be a suitable room or rooms for the use of children under the age of six years of such women. Such rooms shall provide adequate accommodation, lighting and ventilation with clean and sanitary condition.

20. CONCLUSION The present Factories Act in operation for the last 37 years has provided ample benefits to the factory workers. It has considerably improved their working and employment conditions. The Government is actively considering the introduction of some vital amendments to the Act to keep it in tune with time and make it more effective While dealing with the duties of the Occupier and Factory Manager under Factories Act 1948, altogether we can conclude that the Occupier and Factory Manager has a vital role to play in assuring the health, safety and welfare of the workers as they are the backbone of the industrial sector. It is, however necessary that the workers and their representatives make themselves aware of the various provisions of the Act and safeguard their interests on their own and force the defaulting employer to be conscious of his legal obligations.

21. REFERENCES http:// www.legalserviceindia.com/legal/article-149-the-factories-act-1948.html https:// www.slideshare.net/ranjeet143yadav/the-factories-act-1948 https:// archive.india.gov.in/business/legal_aspects/factories_act.php https:// www.slideshare.net/Ajithslides/factories-act-1948-69582297/2 https:// www.slideshare.net/shreya0907/factories-act-1948