Description
the Factory act of 1948 in detail. 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. The Factories Act, 1948 came into force on the 1st 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.
FACTORIES ACT, 1948.
INTRODUCTION
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.
Definition of a Factory:“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereofi. 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;
ii.
But does not include a mine subject to the operation of the Mines Act,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
The following have held to be a factory:i. ii. iii. iv. v. vi. vii. Salt works A shed for ginning and pressing of cotton A Bidi making shed A Railway Workshop Composing work for Letter Press Printing Saw Mills Place for preparation of foodstuff and other eatables
HIGHLIGHTS: • The Factories Act, 1948 came into force on the 1st 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. • In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in
conditions conducive to their health and safety.
Some of the crucial Sections: 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
• • • •
Fencing 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 cottonopeners · Hoists and lifts.-
OFFENCE ? For contravention of the Provisions of the Act or Rules ? On Continuation of contravention ? On contravention of Chapter IV pertaining to safety or dangerous operations. ? Subsequent contravention of some provisions ? Obstructing Inspectors
PENALTIES ? Imprisonment upto 2 years or fine upto Rs.1,00,000 or both ? Rs.1000 per day ? Not less than Rs.25000 in case of death. ? Not less than Rs.5000 in case of serious injuries. ? Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. ? Imprisonment upto 6 months or fine upto Rs.10, 000 or both. ? Imprisonment upto 6 months or fine upto Rs.10, 000 or both. ? Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. Imprisonment of 10 years when contravention continues for one year.
? Wrongful disclosing result pertaining to results of analysis. ? 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.
STAFF •HEALTH •SAFETY •PROVISION RELATING TO HAZARDOUS PROCESSES •WELFARE •WORKING HOURS OF ADULTS •EMPLOYMENT OF YOUNG PERSONS •ANNUAL LEAVE WITH WAGES •SPECIAL PROVISIONS •PENALTIES AND PROCEDURES •SUPPLEMENTARY
•INSPECTION
? ? ? ? ? ? ?
Cleanliness Disposal of wastes and effluents Ventilation and temperature Dust and fume Overcrowding Lighting Drinking water
?
?
?
?
Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance. The floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary. Where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained. All doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years.
?
?
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. Subs. by Act 94 of 1976, sec. 9 for sub-section (1)
?
?
?
In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers . Effective measures shall be taken to prevent its inhalation and accumulation in any work area. Adequate ventilation by the circulation of fresh air .
? ? ?
?
Following shall be securely fenced by safeguards of substantial construction Every machinery with moving or rotating parts . Every part of transmission machinery. It is necessary to make an examination of any part of the machinery aforesaid while it is in motion . And such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.
?
?
?
They should be of good construction, sound material and adequate strength and free from defects . Thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such examination. No lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test be loaded beyond the safe working load .
?
?
?
The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee. It should consist equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work. The composition of the Safety Committee, the tenure of office of its members and their right and duties shall be such as may be prescribed.
?
The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location, of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee .
The Chief Inspector of the State who shall be its Chairman. A representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act,1974 (6 of 1974) . The site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form. Where any occupier of a factory contravenes the provisions of sub-section (5) the licence issued under section 6 to such factory shall notwithstanding any penalty to which the occupier or factory shall be subjected to under the provisions of this Act be liable for cancellation.
? ?
?
?
?
Before granting permission to set up the factory, the government studies the material used in it, the hazards posed by the factory to the environment, its waste disposal system and only then approves it.
?
?
?
?
The management of every factory involving a hazardous process should disclose all information regarding dangers, including health hazards and the measures to over- come such hazards arising from the exposure or handling of the materials in the manufacture, transportation, storage and other processes, to the workers employed in the factory. At time of registering the factory involving a hazardous process, a detailed policy with respect to the health and safety of the workers employed should be laid down and approved periodically from government appointed inspectors. The information should include accurate information such as the quantity, specifications and other characteristics of wastes and the manner of their disposal. The management should draw up an on site emergency plan and detailed disaster control measures for his factory and make known to the workers employed and to the general public living in the vicinity of the factory the safety measures
•
•
• • •
Maintain accurate and up-to-date health records or medical records, of the workers in the factory and such records should be accessible to the workers. Appoint persons who are qualified and experienced in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers. Provide for medical examination of every worker. The workers handling hazardous substances should be rotated every 12 months. Eg. BARC
•
•
In the event of the occurrence of a situation involving the factory in a hazardous process, the government may appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory to find out the causes of failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected in the future in other factories or elsewhere. Eg. Bhopal gas tragedy, nuclear power plant.
?
The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes in any factory have to be prescribed initially and have to be approved by the government after consulting specialised institutions or experts in that field.
?
The management should set up a Safety Committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.
•
•
•
The workers employed in any factory engaged in a hazardous process feel that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring it to the notice of the mangement. It is the duty of the management to take immediate remedial action if satisfied about the existence of such imminent danger. If the management is not satisfied about the existence of any imminent danger as apprehended by the workers, they have to refer the matter to the nearest Inspector whose decision shall be final.
•
•
• • •
Washing facilities In every factory adequate and suitable facilities for washing shall be provided and maintained for the use of the workers and separate for males and females. Such facilities shall be conveniently accessible and shall be kept clean. The management should provide lockers to all workers to store their belongings. Convenient and accessible washrooms would also help to enhance productivity.
•
•
In every factory suitable arrangements for sitting shall be provided and maintained for all workers even those who work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work. If the workers in any factory engaged in a particular manufacturing process are able to do their work efficiently in a sitting position, he may ask the management to provide such sitting arrangements for all workers so engaged or working.
•
• •
•
•
First-aid boxes or cupboards equipped with the prescribed contents, so as to be readily accessible during all working hours should be provided and maintained. There should be at least one first aid kit per 150 workers. Each first-aid box should be kept in the charge of a qualified person and who is always available during the working hours of the factory. For a factory employing more than 500 workers an ambulance room of prescribed size should be provided with a qualified nursing staff. Eg. L&T, godrej.
•
•
•
In any factory where more than two hundred and fifty workers are employed, a canteen should be provided and maintained by the occupier for the use of the workers. The foodstuffs to be served there and the charges should be susidised by the management. Also the seating arrangement and quality of food should be closely monitored.
•
•
•
•
In every factory where more than 150 workers are employed lunch rooms and shelter rooms should be provided with refreshment facilities. In every factory where more than thirty women workers are employed a suitable room should be provided for the use of children under the age of six years of such women. Such rooms shall provide adequate accommodation, must be adequately lighted and ventilated, maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. The State Government may Prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section.
•
•
•
In every factory wherein five hundred or more workers are ordinarily employed the management should employ welfare officers as prescribed. The State Government prescribe the duties, qualifications and conditions of service of officers employed. The State Government may make rules Regarding the functions, capabilities and powers of the employed welfare officers.
Weekly hours :? No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
•
•
•
1.
2.
No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unlessHe has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and The manager of the factory has, before the said day or the substituted day under clause (a). whichever is earlier, Delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and Displayed a notice to that effect in the factory:
?
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.
?
?
The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory Name, Nature, Shift, Certificate no., etc.
?
No child who has not completed his fourteenth year shall be required or allowed to work in any factory.
?
A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.
•
1. 2.
•
No child shall be employed or permitted to work in any factoryFor more than four and a half hours in any day; During the night. The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty, days.
•
• • •
•
•
The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showingThe name of each child worker in the factory, The nature of his work, The group, if any, in which he is included, Where his group works on shifts, the relay to which he is allotted, and The number of his certificate of fitness granted.
?
Application of Chapter:? The provisions of this Chapter shall not operate to a worker entitled under any other law or under the terms of any
award, or agreement & to workers of any railway
administered by the Government.
?
Annual leave with wages:? A worker having worked for 240 days in a previous calendar year is granted leave with wages @ one day for every 20 days for an adult and one day for every 15 days of work for a child.
?
Wages during leave period:? For the leave allowed, a worker shall be 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 preceding his leave, exclusive of any overtime and
bonus but inclusive of dearness allowance and the cash equivalent.
?
Payment in advance in certain cases:? A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for
the period of the leave allowed.
?
?
?
Mode of recovery of unpaid wages.? Any sum required to be paid by an employer, under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936. Power to make rules.? The State Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors. Power to exempt factories. – ? The State Government has power to exempt the factory from all or any of the provisions of this Chapter subject to leaves provided to workers in the factory provide benefits which in its opinion are not less favourable than those for which this Chapter.
?
Power to apply the act to certain premises:? All or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without tile aid of power or is so ordinarily carried on provided:? # of people < 10 with power. ? # of people < 20 without power.
?
Power to exempt public institutions:? The State Government may exempt, any workshop or workplace attached to a public institution maintained for the purposes of education, or reformation. ? No exemption shall be granted from the provisions relating to hours of work and holidays, unless submitted, for the approval of the State Government.
?
Dangerous operations:?Where the State Government may make rules applicable to any factory in which dangerous
manufacturing process or operation is carried on :? Specifying the manufacturing process or operation and declaring it to be dangerous; ? Prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation; ? Providing for the periodical medical examination of persons employed, and prohibiting the employment of persons not certified as fit for such employment and requiring the payment by the occupier of the factory of fees for such medical examination; ? Providing for the protection of all persons employed in the vicinity of the places where it is carried on; ? Prohibiting, restricting or controlling the use of any specified materials or processes; ? Provision of additional welfare amenities and sanitary facilities and the supply of protective equipment, and clothing, and laying down the standards.
?
Power to prohibit employment on account of
serious hazard:?The Inspector may prohibit such occupier from employing any person in the factory other than the minimum number of persons necessary to attend to the minimum tasks till the hazard which may cause injury is removed. ?Any person whose employment has been affected by an order issued under sub- section, shall be entitled to wages and other benefits by the occupier.
?
Notice of certain accidents and diseases:?If an accident occurs which causes death, or any bodily injury or diseases preventing him from working
for a period of forty-eight hours or more immediately
following the accident, the manager of the factory shall send notice to authorities.
?The authority to whom the notice is sent shall make
an inquiry into the occurrence within one month of the receipt of the notice.
?
Power to direct enquiry into cases of accident or disease:?Appointment of person or possessing legal or special knowledge to act as assessors to inquire into the causes of any accident or disease contracted in a factory. ?The person appointed to hold an inquiry shall have all the powers of a Civil Court, for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound to do so. ?The person holding an inquiry shall make a report to the State Government stating the causes of the accident, or disease, and in addition any observations which he may think fit to make. ?The State Government may make rules for regulating the procedure at inquiries.
?
Power to take samples: ?An Inspector may at any time during the normal working hours of a factory, after informing the occupier, take a sufficient sample of any substances used or intended to be used in the factory, such use being?In the belief of the Inspector in contravention of any of the provisions of this Act or ?In the opinion of the Inspector likely to cause bodily
injury to or injury to the health.
?The Inspector, divide the sample into three portions and effectively seal and suitably mark them, and shall
permit such person to add his own seal.
?
Safety and occupational health surveys.?The Chief Inspector, at any time after giving notice in
writing to the occupier of the factory , undertake safety and occupational health surveys, including facilities for the examination and testing of plant and machinery and collection of samples. ?Every worker shall, present himself to undergo medical examination as may be considered necessary and furnish all information in his possession. ?Any time spent by a worker for undergoing medical examination or furnishing information, for the purpose of calculating wages and extra wages for
overtime work, be deemed to be time during which
PENALTIES AND PROCEDURE
1) Liability of owner of premises in certain circumstances. 2) Enhanced penalty after previous conviction. 3) Penalty for obstructing Inspector.
4) Penalty tour wrongfully disclosing results of analysis under section .
5) Penalty for contravention of the provisions. 6) Offences by workers. 7) Penalty for using false certificate of fitness. 8) Penalty for permitting double employment of child. 9) Power of Court to make orders. 10) Presumption as to employment.
11) Limitation of prosecutions.
12) Jurisdiction of a court for entertaining proceedings, etc., for offence.
GENERAL PENALTY FOR OFFENCES
If in the factory there is any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manager of the factory shall each be guilty of an offence and punishable with
imprisonment for a term which may extend to 2 years or with fine
which may extend to Rs. 1 Lakh or with both, and if the contravention is continued after conviction, with a further fine which may extend to Rs. 1000 for each day on which the contravention is so continued.
OFFENCES BY WORKERS
Subject to the provisions of section III, if any worker employed in a factory contravenes any provision of this Act or any rules or orders
made there under, imposing any duty or liability on workers, he
shall be punishable with fine which may extend to Rs. 500. Where a worker is convicted of an offence punishable under subsection (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
PENALTY FOR USING FALSE CERTIFICATE OF FITNESS
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term
which may extend to 2 months or with fine which may
extend to Rs. 1000 or with both.
SUPPLEMENTAL
1) Appeals 2) Display of notices 3) Service of notices 4) Returns 5) Obligations of workers 6) Right of workers 7) General power to make rules 8) Powers of Centre to give directions 9) No charge for facilities and conveniences 10) Publication of rules 11) Application of Act to Government factories 12) Protection to persons acting under this Act 13) Restrictions on disclosure of information 14) Restriction on disclosure of information 15) Act to have effect notwithstanding anything contained in Act 37 of 1970. 16) Repeal and savings
DISPLAY OF NOTICES
In addition to the notices required to be displayed in any factory
by or under this Act, there shall be displayed in every factory a
notice containing such abstracts of this Act and of the rules made there under as may be prescribed and also the name and address of the Inspector and tile certifying surgeon. All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at
some conspicuous and convenient place at or near the main
entrance to the factory, and shall be maintained in a clean and legible condition.
RIGHT OF WORKERS
Every worker shall have the right to (i) Obtain from the occupier, information relating to workers health and safety at work. (ii) Get trained within the factory wherever possible or to get himself sponsored by the occupier for getting trained at a
training centre or institute, duly approved by the Chief Inspector,
where training is imparted for workers health and safety at work. (iii) Represent to in the the Inspector matter of directly or through provision his for representative inadequate
protection of his health or safety in the factory.
RESTRICTIONS ON DISCLOSURE OF INFORMATION
1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this Act any information relating to any manufacturing or commercial business or
any working process which may come to his knowledge in the course of his
official duties. 2) Nothing in sub-section shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for
the purposes of any legal proceeding (including arbitration) pursuant to this
Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report of such proceedings. 3) If any Inspector contravenes the provisions of sub-section, he shall be
punishable with imprisonment for a term which may extend to 6 months, or
with fine which may extend to Rs. 1000, or with both.
doc_440785460.ppt
the Factory act of 1948 in detail. 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. The Factories Act, 1948 came into force on the 1st 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.
FACTORIES ACT, 1948.
INTRODUCTION
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.
Definition of a Factory:“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts thereofi. 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;
ii.
But does not include a mine subject to the operation of the Mines Act,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
The following have held to be a factory:i. ii. iii. iv. v. vi. vii. Salt works A shed for ginning and pressing of cotton A Bidi making shed A Railway Workshop Composing work for Letter Press Printing Saw Mills Place for preparation of foodstuff and other eatables
HIGHLIGHTS: • The Factories Act, 1948 came into force on the 1st 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. • In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in
conditions conducive to their health and safety.
Some of the crucial Sections: 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
• • • •
Fencing 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 cottonopeners · Hoists and lifts.-
OFFENCE ? For contravention of the Provisions of the Act or Rules ? On Continuation of contravention ? On contravention of Chapter IV pertaining to safety or dangerous operations. ? Subsequent contravention of some provisions ? Obstructing Inspectors
PENALTIES ? Imprisonment upto 2 years or fine upto Rs.1,00,000 or both ? Rs.1000 per day ? Not less than Rs.25000 in case of death. ? Not less than Rs.5000 in case of serious injuries. ? Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. ? Imprisonment upto 6 months or fine upto Rs.10, 000 or both. ? Imprisonment upto 6 months or fine upto Rs.10, 000 or both. ? Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. Imprisonment of 10 years when contravention continues for one year.
? Wrongful disclosing result pertaining to results of analysis. ? 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.
STAFF •HEALTH •SAFETY •PROVISION RELATING TO HAZARDOUS PROCESSES •WELFARE •WORKING HOURS OF ADULTS •EMPLOYMENT OF YOUNG PERSONS •ANNUAL LEAVE WITH WAGES •SPECIAL PROVISIONS •PENALTIES AND PROCEDURES •SUPPLEMENTARY
•INSPECTION
? ? ? ? ? ? ?
Cleanliness Disposal of wastes and effluents Ventilation and temperature Dust and fume Overcrowding Lighting Drinking water
?
?
?
?
Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance. The floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary. Where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained. All doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years.
?
?
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. Subs. by Act 94 of 1976, sec. 9 for sub-section (1)
?
?
?
In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers . Effective measures shall be taken to prevent its inhalation and accumulation in any work area. Adequate ventilation by the circulation of fresh air .
? ? ?
?
Following shall be securely fenced by safeguards of substantial construction Every machinery with moving or rotating parts . Every part of transmission machinery. It is necessary to make an examination of any part of the machinery aforesaid while it is in motion . And such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.
?
?
?
They should be of good construction, sound material and adequate strength and free from defects . Thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such examination. No lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test be loaded beyond the safe working load .
?
?
?
The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee. It should consist equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work. The composition of the Safety Committee, the tenure of office of its members and their right and duties shall be such as may be prescribed.
?
The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location, of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee .
The Chief Inspector of the State who shall be its Chairman. A representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act,1974 (6 of 1974) . The site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form. Where any occupier of a factory contravenes the provisions of sub-section (5) the licence issued under section 6 to such factory shall notwithstanding any penalty to which the occupier or factory shall be subjected to under the provisions of this Act be liable for cancellation.
? ?
?
?
?
Before granting permission to set up the factory, the government studies the material used in it, the hazards posed by the factory to the environment, its waste disposal system and only then approves it.
?
?
?
?
The management of every factory involving a hazardous process should disclose all information regarding dangers, including health hazards and the measures to over- come such hazards arising from the exposure or handling of the materials in the manufacture, transportation, storage and other processes, to the workers employed in the factory. At time of registering the factory involving a hazardous process, a detailed policy with respect to the health and safety of the workers employed should be laid down and approved periodically from government appointed inspectors. The information should include accurate information such as the quantity, specifications and other characteristics of wastes and the manner of their disposal. The management should draw up an on site emergency plan and detailed disaster control measures for his factory and make known to the workers employed and to the general public living in the vicinity of the factory the safety measures
•
•
• • •
Maintain accurate and up-to-date health records or medical records, of the workers in the factory and such records should be accessible to the workers. Appoint persons who are qualified and experienced in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers. Provide for medical examination of every worker. The workers handling hazardous substances should be rotated every 12 months. Eg. BARC
•
•
In the event of the occurrence of a situation involving the factory in a hazardous process, the government may appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory to find out the causes of failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected in the future in other factories or elsewhere. Eg. Bhopal gas tragedy, nuclear power plant.
?
The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes in any factory have to be prescribed initially and have to be approved by the government after consulting specialised institutions or experts in that field.
?
The management should set up a Safety Committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.
•
•
•
The workers employed in any factory engaged in a hazardous process feel that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring it to the notice of the mangement. It is the duty of the management to take immediate remedial action if satisfied about the existence of such imminent danger. If the management is not satisfied about the existence of any imminent danger as apprehended by the workers, they have to refer the matter to the nearest Inspector whose decision shall be final.
•
•
• • •
Washing facilities In every factory adequate and suitable facilities for washing shall be provided and maintained for the use of the workers and separate for males and females. Such facilities shall be conveniently accessible and shall be kept clean. The management should provide lockers to all workers to store their belongings. Convenient and accessible washrooms would also help to enhance productivity.
•
•
In every factory suitable arrangements for sitting shall be provided and maintained for all workers even those who work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work. If the workers in any factory engaged in a particular manufacturing process are able to do their work efficiently in a sitting position, he may ask the management to provide such sitting arrangements for all workers so engaged or working.
•
• •
•
•
First-aid boxes or cupboards equipped with the prescribed contents, so as to be readily accessible during all working hours should be provided and maintained. There should be at least one first aid kit per 150 workers. Each first-aid box should be kept in the charge of a qualified person and who is always available during the working hours of the factory. For a factory employing more than 500 workers an ambulance room of prescribed size should be provided with a qualified nursing staff. Eg. L&T, godrej.
•
•
•
In any factory where more than two hundred and fifty workers are employed, a canteen should be provided and maintained by the occupier for the use of the workers. The foodstuffs to be served there and the charges should be susidised by the management. Also the seating arrangement and quality of food should be closely monitored.
•
•
•
•
In every factory where more than 150 workers are employed lunch rooms and shelter rooms should be provided with refreshment facilities. In every factory where more than thirty women workers are employed a suitable room should be provided for the use of children under the age of six years of such women. Such rooms shall provide adequate accommodation, must be adequately lighted and ventilated, maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. The State Government may Prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section.
•
•
•
In every factory wherein five hundred or more workers are ordinarily employed the management should employ welfare officers as prescribed. The State Government prescribe the duties, qualifications and conditions of service of officers employed. The State Government may make rules Regarding the functions, capabilities and powers of the employed welfare officers.
Weekly hours :? No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
•
•
•
1.
2.
No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unlessHe has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and The manager of the factory has, before the said day or the substituted day under clause (a). whichever is earlier, Delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and Displayed a notice to that effect in the factory:
?
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.
?
?
The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory Name, Nature, Shift, Certificate no., etc.
?
No child who has not completed his fourteenth year shall be required or allowed to work in any factory.
?
A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.
•
1. 2.
•
No child shall be employed or permitted to work in any factoryFor more than four and a half hours in any day; During the night. The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty, days.
•
• • •
•
•
The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showingThe name of each child worker in the factory, The nature of his work, The group, if any, in which he is included, Where his group works on shifts, the relay to which he is allotted, and The number of his certificate of fitness granted.
?
Application of Chapter:? The provisions of this Chapter shall not operate to a worker entitled under any other law or under the terms of any
award, or agreement & to workers of any railway
administered by the Government.
?
Annual leave with wages:? A worker having worked for 240 days in a previous calendar year is granted leave with wages @ one day for every 20 days for an adult and one day for every 15 days of work for a child.
?
Wages during leave period:? For the leave allowed, a worker shall be 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 preceding his leave, exclusive of any overtime and
bonus but inclusive of dearness allowance and the cash equivalent.
?
Payment in advance in certain cases:? A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for
the period of the leave allowed.
?
?
?
Mode of recovery of unpaid wages.? Any sum required to be paid by an employer, under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936. Power to make rules.? The State Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors. Power to exempt factories. – ? The State Government has power to exempt the factory from all or any of the provisions of this Chapter subject to leaves provided to workers in the factory provide benefits which in its opinion are not less favourable than those for which this Chapter.
?
Power to apply the act to certain premises:? All or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without tile aid of power or is so ordinarily carried on provided:? # of people < 10 with power. ? # of people < 20 without power.
?
Power to exempt public institutions:? The State Government may exempt, any workshop or workplace attached to a public institution maintained for the purposes of education, or reformation. ? No exemption shall be granted from the provisions relating to hours of work and holidays, unless submitted, for the approval of the State Government.
?
Dangerous operations:?Where the State Government may make rules applicable to any factory in which dangerous
manufacturing process or operation is carried on :? Specifying the manufacturing process or operation and declaring it to be dangerous; ? Prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation; ? Providing for the periodical medical examination of persons employed, and prohibiting the employment of persons not certified as fit for such employment and requiring the payment by the occupier of the factory of fees for such medical examination; ? Providing for the protection of all persons employed in the vicinity of the places where it is carried on; ? Prohibiting, restricting or controlling the use of any specified materials or processes; ? Provision of additional welfare amenities and sanitary facilities and the supply of protective equipment, and clothing, and laying down the standards.
?
Power to prohibit employment on account of
serious hazard:?The Inspector may prohibit such occupier from employing any person in the factory other than the minimum number of persons necessary to attend to the minimum tasks till the hazard which may cause injury is removed. ?Any person whose employment has been affected by an order issued under sub- section, shall be entitled to wages and other benefits by the occupier.
?
Notice of certain accidents and diseases:?If an accident occurs which causes death, or any bodily injury or diseases preventing him from working
for a period of forty-eight hours or more immediately
following the accident, the manager of the factory shall send notice to authorities.
?The authority to whom the notice is sent shall make
an inquiry into the occurrence within one month of the receipt of the notice.
?
Power to direct enquiry into cases of accident or disease:?Appointment of person or possessing legal or special knowledge to act as assessors to inquire into the causes of any accident or disease contracted in a factory. ?The person appointed to hold an inquiry shall have all the powers of a Civil Court, for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound to do so. ?The person holding an inquiry shall make a report to the State Government stating the causes of the accident, or disease, and in addition any observations which he may think fit to make. ?The State Government may make rules for regulating the procedure at inquiries.
?
Power to take samples: ?An Inspector may at any time during the normal working hours of a factory, after informing the occupier, take a sufficient sample of any substances used or intended to be used in the factory, such use being?In the belief of the Inspector in contravention of any of the provisions of this Act or ?In the opinion of the Inspector likely to cause bodily
injury to or injury to the health.
?The Inspector, divide the sample into three portions and effectively seal and suitably mark them, and shall
permit such person to add his own seal.
?
Safety and occupational health surveys.?The Chief Inspector, at any time after giving notice in
writing to the occupier of the factory , undertake safety and occupational health surveys, including facilities for the examination and testing of plant and machinery and collection of samples. ?Every worker shall, present himself to undergo medical examination as may be considered necessary and furnish all information in his possession. ?Any time spent by a worker for undergoing medical examination or furnishing information, for the purpose of calculating wages and extra wages for
overtime work, be deemed to be time during which
PENALTIES AND PROCEDURE
1) Liability of owner of premises in certain circumstances. 2) Enhanced penalty after previous conviction. 3) Penalty for obstructing Inspector.
4) Penalty tour wrongfully disclosing results of analysis under section .
5) Penalty for contravention of the provisions. 6) Offences by workers. 7) Penalty for using false certificate of fitness. 8) Penalty for permitting double employment of child. 9) Power of Court to make orders. 10) Presumption as to employment.
11) Limitation of prosecutions.
12) Jurisdiction of a court for entertaining proceedings, etc., for offence.
GENERAL PENALTY FOR OFFENCES
If in the factory there is any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manager of the factory shall each be guilty of an offence and punishable with
imprisonment for a term which may extend to 2 years or with fine
which may extend to Rs. 1 Lakh or with both, and if the contravention is continued after conviction, with a further fine which may extend to Rs. 1000 for each day on which the contravention is so continued.
OFFENCES BY WORKERS
Subject to the provisions of section III, if any worker employed in a factory contravenes any provision of this Act or any rules or orders
made there under, imposing any duty or liability on workers, he
shall be punishable with fine which may extend to Rs. 500. Where a worker is convicted of an offence punishable under subsection (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
PENALTY FOR USING FALSE CERTIFICATE OF FITNESS
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term
which may extend to 2 months or with fine which may
extend to Rs. 1000 or with both.
SUPPLEMENTAL
1) Appeals 2) Display of notices 3) Service of notices 4) Returns 5) Obligations of workers 6) Right of workers 7) General power to make rules 8) Powers of Centre to give directions 9) No charge for facilities and conveniences 10) Publication of rules 11) Application of Act to Government factories 12) Protection to persons acting under this Act 13) Restrictions on disclosure of information 14) Restriction on disclosure of information 15) Act to have effect notwithstanding anything contained in Act 37 of 1970. 16) Repeal and savings
DISPLAY OF NOTICES
In addition to the notices required to be displayed in any factory
by or under this Act, there shall be displayed in every factory a
notice containing such abstracts of this Act and of the rules made there under as may be prescribed and also the name and address of the Inspector and tile certifying surgeon. All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at
some conspicuous and convenient place at or near the main
entrance to the factory, and shall be maintained in a clean and legible condition.
RIGHT OF WORKERS
Every worker shall have the right to (i) Obtain from the occupier, information relating to workers health and safety at work. (ii) Get trained within the factory wherever possible or to get himself sponsored by the occupier for getting trained at a
training centre or institute, duly approved by the Chief Inspector,
where training is imparted for workers health and safety at work. (iii) Represent to in the the Inspector matter of directly or through provision his for representative inadequate
protection of his health or safety in the factory.
RESTRICTIONS ON DISCLOSURE OF INFORMATION
1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this Act any information relating to any manufacturing or commercial business or
any working process which may come to his knowledge in the course of his
official duties. 2) Nothing in sub-section shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for
the purposes of any legal proceeding (including arbitration) pursuant to this
Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report of such proceedings. 3) If any Inspector contravenes the provisions of sub-section, he shall be
punishable with imprisonment for a term which may extend to 6 months, or
with fine which may extend to Rs. 1000, or with both.
doc_440785460.ppt