TITLE: THE FACTORIES ACT, 1948 PREPARED BY: Devyani Gamit (11009) OBJECTIVES OF THE LAW The object

of the Factories Act of 1948 is (a) To improve health, welfare and safety of the workmen. (b) To regulate by imposing restriction as to hours of work including rest and provisions for availing of leave. (c) To make stringent provisions as regards employment of women and young persons and duration of their work. IMPORTANT DEFINITIONS FACTORY: The term Factory under Section 2(m) of the act. POWER: The term Power under Section 2(g) of the act. MANUFACTURING PROCESS: The term Manufacturing Process under Section 2(K) of the act. WORKER: The term Worker under Section 2(I) of the act. OCCUPIER: The term Occupier under Section 2(n) of the act. ISSUES ADDRESSED/ PROCEDURES TO BE FOLLOWED 1. Approval of Plans, Registration and Renewal of Factory License: to be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan. 2. Notice by occupier: the occupier shall send to the Chief Inspector a written notice containing specific details under Section 7, at least 15 days before he begins to occupy or use any premises as a factory. 3. Health: Provisions include measures in respect of the particular methods of cleanliness, disposal of wastes and effluents, ventilation and temperature, dust and fume, artificial humidification, overcrowding, lighting, drinking water, latrines and urinals, and spittoons. 4. Safety: Provisions include fencing if machinery; work on or near machinery in motion; employment of young person 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 cotton openers; hoists, lifts, lifting machines, and others; revolving machinery; pressure plant; floors, stairs and means or access; pits, sumps, openings in floors, and others; excessive weights; protection of eyes; precautions against dangerous fumes, gases, and others; precautions regarding use of portable electric light; explosive or inflammable dust, gas; explosive or inflammable dust, gas; precautions in case of fire 5. Welfare: Provisions include washing facilities; facilities for storing and drying clothing; facilities for sitting; fit aid facilities; canteens, shelters, rest rooms, and lunch rooms; crches. ENFORCEMENT Occupier: every occupier shall ensure, so far as is reasonable practicable, the health, safety and welfare of all workers while they are at work in the factory with some specifications as given in Section 7A. Inspecting staff/ Inspectors: The state govt. appoint inspector to exercise the power of inspector throughout the state. Certifying Surgeons: The state govt. may also appoint qualified medical practitioners to discharge their duties in connection with examination and certification of young persons, and of persons engaged in dangerous occupations or processes.

Safety officers: the according to amendment Act of 1976 and recommendation of the first NCL safety officers are appointed to health and safety aspects of workers. Welfare officers: every factory wherein five hundred or more workers are employed the occupier shall employ in the factory such number of Welfare officers prescribed by state govt. to take care welfare aspects.

ADVISORY AGENCIES Site Appraisal committee: for advising the state govt. on consideration of applications for the grant of permission for the initial location of a factory involving a hazardous process. Inquiry committee: to inquire the standards of health and safety observed in the factory. OFFENCES AND PENALTIES OFFENCES FINE IMPRISONMENT BOTH -

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 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.

up to Rs.1,00,000 Rs.1000 per day Not less than Rs.25000 in case of death. Not less than Rs.5000 in case of serious injuries. Not less than Rs.10,000 which may extend to Rs.2,00,000. Up to Rs.10,000 Up to Rs.10,000 Up to Rs.2,00,000 and on continuation fine @ Rs.5, 000 per day.

Or Up to 2 years -

Or Up to 3 years

Or Up to 6 months Or Up to 6 months Up to 7 years Imprisonment of 10 years when contravention continues for one year

MISCELLANEOUS ISSUES ADDRESSED 1. Provisions related to hazardous processes 2. Working hours 3. Employment of young persons 4. Annual leave with wages

CHECK LIST FOR MANAGER Maintenance of registers, furnishing OT slips, leave cards, etc. Furnishing of returns Submission of notice to work on Sunday Intimation about the reportable accidents, dangerous occurrences. CASES Lal Mohammad & Ors V. Indian Railway Construction Co.Ltd. & Ors [2007] Insc 32 (11 January 2007) Nagpur Electric Light & Power Co. Ltd V. Regional Director Employees State Insurance Corporation [1967] Insc 53; Air 1967 Sc 1364; 1964 (3) Scr 92 (2 March 1967) Workmen of Motipur Sugar Factory (Private) Limited V. Motipur Sugar Factory [1965] Insc 87; Air 1965 Sc 1803; 1965 (3) Scr 588 (30 March 1965)