The Factory Act 1948
Factory Act defines factory as an establishment where 10 of more workers are employed where power is used, and 20 or more workers are employed where power is not used.
The 1976 Amendment modifies the definition of the term worker means contract labor employed in the manufacturing process. The Act is applicable to whole India except Jammu & Kashmir.
Object of this Act is to Secure
- Health, Safety, Welfare
- Proper working hours, and
- Other benefits to workers.
It provides that precaution should be taken for safety of workers and prevention of accidents.
Factory is
- Any premises, including the precincts thereof,
- In any part of which manufacturing
process is carried on, - With or without the aid of power,
- Provided that at least 10 or 20 persons respectively are employed or were employed,
- On any day of the preceding 12 months.
Manufacturing process
It means any process for
i) Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, 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 or sewage or any other substance; or
iii) Generating, transforming, transmitting power; or
iv) Composing types of printing, printing by letterpress, lithography, photogravure, or other similar process, or book binding; or
v) Construction, reconstruction, repairing, refitting finishing, or breaking up ships or
vessels; or
vi) Preserving or storing any article in cold storage.
Occupier of Factory
Occupier of factory means
- A person who has ultimate control over affairs of factory.
It includes a,
- Partner in case of a firm and
- Director in case of a company.
It may be noted that if a factory is run by a company, then only the director of the company can be treated as occupier.
Duties of Occupier
- Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
- Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends shall include:
- The provision and maintenance of plant and system of work in the factory that are safe and without risk to health,
- The arrangement in the factory for ensuring safety and absence of risks to health in connections with the use, handing, storage, and transport of articles and substances.
- The provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work.
- The maintenance of all places of work in the factory should be safe and without risks to health and provision and maintenance of such means of access to, and egress from, are safe and without such risks.
Facilities and Conveniences
- Factory should be kept clean.
- There should be arrangement to dispose of wastes and effluents.
- Ventilation should be adequate.
- Reasonable temperature for comfort of employees should be maintained.
- Dust and fumes should be controlled below permissible limits.
- Artificial humidification should be prescribed limits.
- Over-crowding should be avoided.
- Adequate lighting, drinking water, toilets and spittoons should be provided.
Additional facilities in case of large factories:
- Ambulance room, if 500
or more workers are employed. - Adequate and suitable cleaning, washing, etc. facilities be provided and maintained at convenient point.
- Shelter, rest rooms and lunchrooms with provisions and drinking water shall be provided with good ventilation and illumination.
- Canteen, if 250 or more workers are employed.
- Rest
room/centres with drinking facility, facility for
clothing, drying, storing and first aid if 150.
or more workers are employed. - Crèches for children, if 30 or more women workers are employed.
- Full time Welfare Officer, if 500 or more workers are employed.
- Safety Officer, if 1000 or more workers are employed.
Welfare measures
- All machines should be properly fenced to protect workers when machinery is in motion.
- Hoists and lifts should be in good conditions and tested periodically.
- Pressure plant should be checked as per the rules.
- Floor, stairs and means of access should be of sound construction and free form obstructions.
- Safety appliance or PPEs for eyes, dangerous dust, gas, fumes should be provided.
- In case of hazardous substances, additional safety measures have to be taken.
- Adequate firefighting equipment should be available.
Working Hours for Adults
- Weekly hours – not more than 48 hours in a week.
- Weekly holidays –
(i) one complete day in a week.
(ii) Compensatory holiday the worker has worked on the usual holiday.
- Daily hours – not more than 9 hours in day.
- Rest intervals – half-an-hour for every 5 hours in a day.
- Overtime wages – If a worker in a factory for more than 9 hours on any day or more than 48 hours in any week he shall be entitled at a rate of twice his ordinary rate of wages.
- Double employment is restricted.
- Employment of women between 7 PM and 6 PM is not permissible.
Employment of Young Persons
- Employment of young children (below 14 years) is prohibited.
- Certificates of fitness by a recognized medical officer are required to employ a young person.
- Register is to be maintained in a factory for the employment of young persons.
Leave with Wages
A worker is entitled to have one day leave with wages for every 20 days of work performed.
Occupational Diseases
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