Factories Act, 1948: Afterscho OL

Factories Act, 1948
AFTERSCHO☺OL
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www.afterschoool.tk AFTERSCHO☺OL's
AFTERSCHO☺OL's MATERIAL
MATERIAL 1
FOR PGPSE PARTICIPANTS
Factories Act, 1948
Dr. T.K. Jain.
AFTERSCHO☺OL
Centre for social entrepreneurship
Bikaner M: 9414430763
tkjainbkn@yahoo.co.in
www.afterschool.tk, www.afterschoool.tk
www.afterschoool.tk AFTERSCHO☺OL's
AFTERSCHO☺OL's MATERIAL
MATERIAL 2
What is a factory?
• any premises where 10 or more

workers are working and a
manufacturing process is carried out
with aid of power (20 if manufacture is
without aid of power). [section 2(m)].
www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 3

What is a manufacturing process?
• Manufacturing process‘ means process of

altering, repairing, ornamenting, finishing,
packing, oiling, washing, cleaning, breaking
up, demolishing or otherwise treating or
adopting any article or substance. It also
includes * pumping oil, water, sewage or any
other substance * Generating, transforming
or transmitting power * Composing, typing,
printing * Constructing, repairing, breaking of
ships or vessels * Preserving articles in cold
storage. [section 2(k)].
Who is a worker?
• a person employed in any

manufacturing process or cleaning or
any work incidental to manufacturing
process. It includes persons employed
through contractor. [section 2(l)].

Who is the occupier?
• the person who 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, 'occupier' need not be a
director. In that case, person appointed to manage
affairs of the factory shall be occupier‘. [section
2(n)]. Name of 'occupier' of the factory should be
informed to Factories Inspector. The 'occupier' will
be held responsible if provisions of Factories Act are
not complied with. He has to give notice 15 days
before he begins to occupy the premises as a
factory, giving details as prescribed in section 7.

Duties of the occupier…
• The occupier shall ensure, as far as

possible, health, safety and welfare of
workers while they are working in factory.
[section 7A].

Restrictions on employment of women?
• A woman worker cannot be employed

beyond the hours 6 a.m. to 7.00 pm. State
Government can grant exemption to any
factory or group or class of factories, but
no woman can be permitted to work during
10 PM to 5 AM. Shift change can be only
after weekly or other holiday and not in
between. [section 66].
Record of the workmen…
• A register (muster roll) of all workers

should be maintained. No worker should
be permitted to work unless his name is in
the register. Record of overtime is also
required to be maintained. [section 62].

Earned leave to the worker…
• A worker is entitled in every calendar year

annual leave with wages at the rate of one day
for every 20 days of work performed in the
previous calendar year, provided that he had
worked for 240 days.
• Child worker is entitled to one day per every 15
days. While calculating 240 days, earned leave,
maternity leave upto 12 weeks and lay off days
will be considered,

Leave to worker…
• Leave can be accumulated upto 30 days in case

of adult and 40 days in case of child. Leave
admissible is exclusive of holidays occurring
during or at either end of the leave period. Wage
for period must be paid before leave begins, if
leave is for 4 or more days. [section 81]. Leave
cannot be taken for more than three times in a
year.

Child below age of 14 cannot be employed.
[section 67]. Child above 14 but below 15 years of
age can be employed only for 4.5 hours per day or
during the night. [section 71]. He should be
certified fit by a certifying surgeon. [section 68].
He cannot be employed during night between 10
pm to 6 am. [section 71]. A person over 15 but
below 18 years of age is termed as adolescent‘.
He can be employed as an adult if he has a
certificate of fitness for a full day's work from
certifying surgeon.

Notice of abstract of Factories Act.
• A notice containing abstract of the

Factories Act and the rules made
thereunder, in English and local language
should be displayed. Name and address of
Factories Inspector and the certifying
surgeon should also be displayed on
notice board. [section 108(1)].

Notice of accidents…
• Notice of any accident causing

disablement of more than 48 hours,
dangerous occurrences and any worker
contacting occupational disease should be
informed to Factories Inspector. [section
88]. Notice of dangerous occurrences and
specified

HEALTH PROVISIONS…
• Chapter III of Factories Act contain details

rearding health of workers. Let us discuss
these provisions…

CLEANLINESS….
• Section 11 – the working conditions should

be clean and safe.
• Clean the floor once a week at least
• White wash every 14 weeks
• Paint / varnish every 5 years
• Daily sweeping
• Register of coloring must be maintained
(as per factories act)
Disposal of wastes and effluents…
• There should be proper arrangements or

disposal of wastes and effluents.
• (sec. 12)
• Follow stage govt. rules…

Ventilation and temperature….
• Proper level of ventilation temperature and

humidity must be maintained.
• Make provisions for reducing excess heat.

Dust and fumes….
• Effective measures shoud be taken to

minimise dust.
• (section 14)

Artificial Humidification
• Sec. 15 : if you maintain artificial

humidification (like in textile units), keep it
in limits.

Overcrowding …
• Section : 16 : 14.2 cubic space per worker.

While calculating this space, space above
the worker beyond 4.2 meters will not be
taken into account.

Lighting …
• Section 17 : there should be adequate and

sufficient lighting. There should natural
lighting as far as possible.

Drinking water…
• Section 18 : there should be drinking water

(wholesome water)
• They should be at convenient location,
marked as drinking water. They should be
at least 6 meters away from washer room /
rest room
• If >250 workers are working, then have

cool water facility also.
Latrines and Urines…
• Sect. 19
• There should be separate – for male and
female.
• Proper cleaning should be there.

Spitoons…
• Section 20 :
• There should be sufficient number of
spitoons.

SAFETY OF WORKERS..
• CHAPTER IV DEALS WITH SAFETY OF

WORKERS…

Fencing of machinary…
• Section (21)
• Every dangerous parts must be securely
fenced.

Machines in motions…
• Section 22 : there should be examination

of machines in motion. They should be
properly examined.
• No women or child should be allowed to
work on prime mover etc. when it is in
motion.

Employment of young persons on
dangerous machines…
• Sec. 23: no young person should be
allowed to work on dangerous person
(unless he has been trained, and is under
supervision).
• Young person = 14 to 18.

Striking gears..
• Section 24 : there should be suitable

striking gears etc. to switch off the power,,
so that if there is any emergency, we may
be able to solve the problem.

Self acting machines…
• Section 25 : make sure that no person

should walk in a space where self action
machines are in motion.

Casing of new machines…
• Section 26 : there should be casing of new

machines, its dangerous parts etc.

Cotton operners…
• Section : 27 : women and children are not

allowed to work on cotton openers.

Hoists and lifts…
• Section 28: every hoist and lift should be

in good condition, and properly checked.
The maximum load it can carry – must be
clearly mentioned. The gates should be
locked by interlocking / safe method (it
should not open in between).
• These should be thoroughly examined
every 12 months

Revolving machines…
• Section 30 :
• Maximum safe speed must be mentioned
for each machine.The maximum speed
about revolving machine must be
mentioned.

Pressure plant…
• Section 31 : there should be safe working

pressure on pressure plants.

Stairs etc.
• Section 32 : safety etc. should be of sound

construction

Pits etc.
• Section : 33 : pits, stumps etc. should be

covered and safe.

Excessive weight..
• Section 34 : no person should be

employed to hold more weight than the
person can hold.

Eyes..
• Section: 35 : give goggles if workers have

to work on something stretching to the
eyes.

Dangerous fumes etc…
• Section 35 says that don’t employ workers

in places where dangerous flame / fumes
could be there.

Portable electric light…
• Sect : 36A : It should not be above 24

volts

Explosives…
Section : 37 : take all measures for safety

and to avoid expolsions.

Precaution in case of fire
• Section 38 : there should be separate exit

for cases of fire.
• There should be fire extinguishers etc.

Role of inspector…
• Section 39, 40 and 40A talk about various

roles tha have been assigned to the
inspector. He may call for details regarding
building, machines etc.

Safety officer
• If 1000 or more workers are employed,

appoint a separate safety officer.

WELFARE PROVISIONS…
• There are a number of provisions in the

factories act regarding welfare facilities for
the workers. …

Washing facilities…
• Sec. 42 : there should be washig facilities

in every factry for the workers – separate
for male and female workers - properly
screened.

Facility for storing and drying of cloth…
• Sect. 43 : there should be facility so that

worker can place their cloth not worn
during the manufacturing process.
• There should be facility so that worker can
dry their cloth.

Facilities for sitting…
• If the worker can do the work by sitting, -

there should be sitting arrangement for the
worker (section 44). …

FIRST AID
• Se. 45: thereshould be at least 1 first aid

box for every 150 workers. It should have
the prescribed contents. A responsible
person should hold a certificate on first aid
treatment.
• An ambulance room should be there if the
number of workers is more than 500.

CANTEEN
• If the number of workers is more than 250,

the govt. may make rules for canteen.
The govt. may make rules regarding
foodstuff, construction, furniture,
equipment of the canteen. Sec. 46

Shelter, rest room, lunch room…
• When 150 workers are working, there

should be rest rooms, lunch room, etc.
Such places should be having drinking
water facilities etc.

CRECHES …
• If the number of women workers is more

than 30, then you have to have creches.
There should trained incharge of the
creches

WELFARE OFFICER
• Sec. 49: if the number of workers is 500 or

more, there shold be a welfare officer to
look after the welfare of the workers.

Working hours…
• For adults : (sec. 51) : 48 hours per week.

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Factories Act, 1948

Dr. T.K. Jain.

• any premises where 10 or more

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 3

• Manufacturing process‘ means process of

• a person employed in any

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 5

• the person who has ultimate control over the affairs

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 6

• The occupier shall ensure, as far as

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 7

• A woman worker cannot be employed

• A register (muster roll) of all workers

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 9

• A worker is entitled in every calendar year

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 10

• Leave can be accumulated upto 30 days in case

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 11

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 12

• A notice containing abstract of the

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 13

• Notice of any accident causing

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 14

• Chapter III of Factories Act contain details

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 15

• Section 11 – the working conditions should

• There should be proper arrangements or

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 17

• Proper level of ventilation temperature and

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 18

• Effective measures shoud be taken to

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 19

• Sec. 15 : if you maintain artificial

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 20

• Section : 16 : 14.2 cubic space per worker.

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 21

• Section 17 : there should be adequate and

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 22

• Section 18 : there should be drinking water

• If >250 workers are working, then have

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 24

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 25

• CHAPTER IV DEALS WITH SAFETY OF

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 26

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 27

• Section 22 : there should be examination

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 28

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 29

• Section 24 : there should be suitable

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 30

• Section 25 : make sure that no person

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 31

• Section 26 : there should be casing of new

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 32

• Section : 27 : women and children are not

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 33

• Section 28: every hoist and lift should be

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 34

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 35

• Section 31 : there should be safe working

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 36

• Section 32 : safety etc. should be of sound

www.afterschoool.tk AFTERSCHO☺OL's MATERIAL 37