Presentation on

Comparative Scenario of Factories Act,1948 Bombay Shops and Establishments Act,1948 Mines Act,1952 Contract Labour Act,1970
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Matter

Factories Act
An act to consolidate and amend the law regulating labour in factories.

Shops and Mines Act Establishm ents Act

An act to consolidate and amend the law relating to the regulations of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishment An act to amend and consolidate the law relating to the regulation of labour and safety in mines

Contract Labour Act

An act to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith

Objective

Matter

Factories Act
It extends to the whole of India

Shops and Mines Act Establishm ents Act

It extends to the whole of the State of Gujarat It extends to the whole of India

Contract Labour Act

It extends to the whole of India

Extent

Authorities Involved

Inspectors and Certifying Surgeons

Chief Inspector Additional Chief Inspector Joint Chief Inspector Deputy Chief Inspector Medical Practitioners as certifying surgeons

Inspectors

Inspectors, Certifying Surgeons, Committees

Chief Inspector District magistrate as Inspector Medical Practitioners as certifying Surgeons

The Advisory Boards-Central Advisory Board and State Advisory Board as well as the committees constituted by them.
Central Board:Chairman Chief Labour Commissioner Such number of members, not

Matter

Factories Act

Shops and Mines Act Establishm ents Act

Committee members: a) A person in service of Government, not being the Chief Inspector b) Chief Inspector of mines c) Two persons to represent the interest of miners d) Two persons to represent the interest of owners

Contract Labour Act

exceeding 17, but not less than 11 as the Central Government may nominate to represent the Government, Railways, Coal Industry, Mining Industry, Contractors, workmen and any other interest which, in opinion of Central Government, ought to be represented on the Central Board

Matter

Factories Act

Shops and Mines Act Establishm ents Act

e) Two qualified mining engineers, not directly employed in the mining industry

Contract Labour Act

State Board:Chairman Labour Commissioner Such number of members, not exceeding 11 but not less than 9, as the State Government may nominate to represent the Government, industry contractors, workmen and any other interests

Matter

Factories Act
Submissions of plans of any class of factories to Chief Inspector or State Government, with previous permission in writing of the State Government or Chief Inspector for the site of factory. Requiring registration and licensing of factories,

Shops and Mines Act Establishm ents Act

Registration of establishments via sending a statement, including name of employer and manager if any, name of establishment, postal address of establishment, category of establishment, alongwith fees to the Inspector of the local area concerned Notice to be given of mining operations to the Chief Inspector or District magistrate in writing

Contract Labour Act

FOR REGISTRATION OF ESTABLISHMENT Every principal employer of an establishment shall, by notification in the Official Gazette, make an application to the registering officer in the prescribed manner for registration of the establishment

Procedure involved

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Factories Act
payment of prescribed fees for registration and for renewal of licenses. NOTICE BY OCCUPIER: Notice to be given by occupier to the Chief Inspector atleast 15 days before he begins to occupy or use any premises as a factory

Shops and Mines Act Establishm ents Act

Contract Labour Act

FOR LICENSING OF CONTRACTORS: It involves applying for grant of license. Application contain-location of establishment, nature of process, work for which contract labour is to be employed. Licensing officer may make such investigation in respect of the application and issues license

Matter

Factories Act
Provisions for Cleanliness, Disposal of wastes and effluents, ventilations and temperature, dust and fumes, artificial humidification, overcrowding, lighting, drinking water, latrines and urinals, spittoons Provisions of fencing of machinery, work on or near machinery in motion,

Shops and Mines Act Establishm ents Act

Provisions for Cleanliness, ventilations, lightning Provisions for Drinking water, Conservancy, Medical Appliances, conveyance to hospitals or dispensaries

Contract Labour Act

Provisions for Drinking water, latrines and urinals

Health Provisions

Safety Provisions

Precautions against fire, First aid

Power of Inspectors when causes of dangers are not expressly provided, notice of certain diseases and accidents,

First aid facilities

Matter

Factories Act
employment of young persons on dangerous machines, striking gear and devices for cutting off power, self-acting machines, casing of new machinery, hoists and lifts facilities, protection of eyes, precautions in case of fire, revolving machinery

Shops and Mines Act Establishm ents Act

Power to direct investigation of causes of diseases, power of Government to appoint court of inquiry in cases of accidents

Contract Labour Act

Matter

Factories Act

Shops and Mines Act Establishm ents Act

Canteens, shelters, rest rooms, washing facilities, creches

Contract Labour Act

Canteens, rest rooms, washing facilities

Welfare Provisions Washing facilities, Rest rooms, facilities for Medical facilities storing and drying of clothing, facilities for sitting, first aid appliances, canteens, shelters, rest rooms and lunch rooms, creches Provisions relating to Hazardous Processes Informing about hazardous processes and measure to overcome them to the workers, Chief Inspector, local authority & Young persons and women are prohibited to work, as may be declared by the State Government, involving danger

The Chief Inspector will prohibit the extraction or reduction of pillars or blocks of minerals in any mine or part

Not mentioned in the Act* (* Provisions would be based on the place where contract workers are employed)

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Matter

Factories Act
general public. It shall include accurate information regarding quantity(Schedule 2), specifications and other characteristics of wastes and manner of their disposal Maintenance of accurate and upto date health records of the workers Appoint persons who possess qualification and

Shops and Mines Act Establishm ents Act

to life, health and morale thereof, if in his opinion, such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part of the working or otherwise endanger the mine or the life or safety of persons employed or if provisions for safety against fire/flooding is not

Contract Labour Act

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Factories Act
experience in handling hazardous substances

Shops and Mines Act Establishm ents Act

made by restricting that area Silicosis, Pneumoconiosis, Manganese Poisoning Nervous type Hours of work above ground: Not more than 9 hours in any day and not more than 48 hours in any week Hours of work below ground: Not more than 8

Contract Labour Act

Occupational Diseases involved

3rd schedule in the No specifications bare act shows the mentioned in the list of notifiable Act diseases due to hazardous processes( Pg:281) For Adults: Not more than 9 hours For children: Not more than 4 and half hours in any day. Not allowed to work at night For residential hotels, restaurants and eating houses: Not more than 9 hours in any day (during regular days) and not exceeding 3 hours in any day (during the time,

No specifications mentioned in the Act* (*Based on place of working) Not more than 8 hours in a day However it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details

Daily hours of work

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Matter

Factories Act

Shops and Mines Act Establishm ents Act

not more than 10 days in a year, on festive or special occasions. hours in any day and not more than 48 hours in any week

Contract Labour Act

relating to overtime wage calculation, hours of extra work, name of employee, etc

For Theatres or other places of public amusements or entertainment:1) Not more than 9 hours in any day 2) For any period in excess of the limit fixed under sub-section 1), if such period does not exceed 6 hours in any week

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Matter

Factories Act
No child who has not completed his 14th year shall be allowed to work in any factory. A child who has completed his 14th year shall not be allowed to work in factory unless a certificate of fitness is granted to him & such child carries a token giving a reference to such certificate

Shops and Mines Act Establishm ents Act

Contract Labour Act

Provisions for employment of young persons and women

No child to work in No persons below Same as Factories any establishment 18 years of age Act shall be allowed to Prohibition of work in any mine employment of or part thereof. young persons Apprentices and and women in other trainees not dangerous work below 16 years of age, may be allowed to work. No women shall, notwithstanding anything contained in any other law, be employed: a) In any part of a mine which is below ground

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Matter

Factories Act

Shops and Mines Act Establishmen ts Act

b) In any mine above ground except between the hours of 6 A.M and 7 P.M

Contract Labour Act

Night Shifts and employment of women

No women shall be allowed to work except between 6 A.M and 7 P.M (Exception: Not between 10 P.M to 5 A.M) State Government may, by notification in the official Gazette vary

Exemptions of working hours are prevalent in BPOs and call centers. Provisions for women working in night shifts are same as Factories Act

Women are Same as Factories not allowed to Act work at night

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Matter

Factories Act
time limit in respect of factory situated in the Special Economic Zone, subject to the following conditions: a) The employer shall provide for free transport facilities to and for from the residence to the place of work for women employees. b) The employer

Shops and Mines Act Establishm ents Act

Contract Labour Act

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Factories Act
shall ensure security for women employees at place of work and during transportation. c) The employer shall provide facility for separate creches and rest rooms for women employees. State Government may make rules providing exemptions from restrictions for

Shops and Mines Act Contract Establishme Labour Act nts Act

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Matter

Factories Act

Shops and Mines Act Contract Establishm Labour Act ents Act

women working in night shifts, to such extent and subject to such conditions , of women working in fish-curing or fishcanning factories, where the employment of women beyond the hours is necessary to prevent damage to or deterioration in, any raw material (Rules shall remain in force for not more than 3 years at a time Extra wages for overtime Twice his ordinary rate of wages Same as Factories Same as Act Factories Act Same as Factories Act

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Factories Act
Spread over should not be more than 10 hours in any day

Shops and Mines Act Establishm ents Act

Spread over in shops: Shall not exceed 11 hours in any day provided that in case where any shop is on any day entirely closed for a continuous period of not less than 3 hours, the spread over shall not exceed 12 hours in that day Spread over in commercial establishment, Theatres or other Spread over should not be more than 10 hours in a day including overtime

Contract Labour Act

Spread over should not be more than 54 hours in any week subject to the conditions that aggregate hours so worked shall not exceed 150 hours in a year

Spread over of periods of work

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Factories Act

Shops and Mines Act Establishm ents Act

places of public amusements: shall not exceed 11 hours in any day provided that the State Government may increase the period Spread over in Residential hotels, Restaurants and eating houses: shall not exceed 14 hours provided that the State Government may increase the period

Contract Labour Act

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Matter

Factories Act
Every worker who has worked for a period of 240 days or more in a factory during a calendar year, leave with wages for a number of days calculated at the rates ofi. If adult, 1 day for every 20 days of work performed in previous year ii. If child, 1 day for every 15 days of work performed in previous year

Shops and Mines Act Establishm ents Act

Employee shall be paid of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding 3 months, exclusive of any earning in respective of overtime 1) Every person employed in a mine who has completed a calendar years service therein shall be allowed, during the subsequent calendar year, leave with wages, calculateda) In case of person employed below ground, at the rate of 1 day for every

Contract Labour Act

No specifications as there are no annual wages involved

Annual leave with wages

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Factories Act

Shops and Mines Act Establishm ents Act

15 days of work performed b) In any other case, at the rate of 1 day for every 20 days of work performed 2) A calendar years service referred to in subsection 1) shall be deemed to have been completeda) In case of person employed below ground, has put not less than 190 attendances

Contract Labour Act

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Factories Act

Shops and Mines Act Establishm ents Act

b) In case of any other person, has put not less than 240 attendances

Contract Labour Act

Penalties

General Penalty for offence: Punishment of imprisonment extending upto 2 years for manager or with fine upto 1 lakh or both and if contravention is continued, extends upto 1000 Rs. for each day

Failure of sending application of registration of shop to the inspector within specified period, allowing women or child to work ,not following opening and closing timings, holidays, not meeting health and safety provisions:

For obstructing inspectors: Imprisonment extending upto 3 months or fine of 500 Rs or both Falsification of records, etc: Imprisonment extending upto 3 months or fine of 1000 Rs or both

For obstructing inspectors: Imprisonment extending upto 3 months or fine of 500 Rs or both Contravention of provisions regarding employment of contract labour: Imprisonment extending upto 3 years for manager

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Matter

Factories Act
For obstructing inspectors: Imprisonment extending upto 6 months or fine of 10,000 Rs or both

Shops and Mines Act Establishme nts Act

The employer and manager shall each be punished with the fine not less than 25 Rs extending upto 250 Rs, which if continued after expiry of 15th day, shall be punished with fine of 10 Rs per day Hawking before opening and after closing hours of shop: Fine of not less than 10 Rs, extending upto 50 Rs Use of false certificates of fitness: Imprisonment extending upto 1 months or fine of 200 Rs or both

Contract Labour Act

or with fine upto 1000 Rs or both and if contravention is continued, extends upto 100 Rs. for each day

For wrongfully disclosure of results of analysis: Imprisonment upto 6 months or fine of 10,000 Rs or both

Omission to furnish plans, etc: Fine upto 1000 Rs

Contravention of provisions regarding employment of labour:

Offences by companies: Company as well as every person in charge of the company shall be deemed to be guilty and shall be proceeded against and punished accordingly

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Matter

Factories Act

Shops and Mines Act Establishm ents Act

Employee contravening provisions of holidays clause: Fine of not less than 10 Rs, extending upto 50 Rs False entries by employers and managers: Fine of not less than 50 Rs, extending upto 250 Rs Imprisonment extending upto 3 months or fine of 1000 Rs or both Penalty for employment of persons below 18 years of age: Fine extending upto 500 Rs Failure to appoint manager: Imprisonment extending upto 3 months or fine of 2500 Rs or both

Contract Labour Act

Enhanced penalty on repeated contravention:

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Factories Act

Shops and Mines Act Establishm ents Act

For 2nd conviction: Fine of not less than 50 Rs, extending upto 500 Rs For 3rd and further convictions: Fine of not less than 75 Rs, extending upto 750 Rs Obstructing Inspector: Fine of not less than 25 Rs, extending upto 250 Rs Notice of accidents: Imprisonment extending upto 3 months or fine of 500 Rs or both

Contract Labour Act

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