Download VTU MBA 3rd Sem IR 5 Factories Act 1948 -Important Notes

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Module 5

Factories Act 1948

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What is a factory?

• A premises whereon 10 or more persons are engaged if power is used, or 20 or more persons are employed if power is not used, in a manufacturing process. [section 2(m)].

Objective of the Act

• The Act has been enacted with the object of protecting workers employed in factories against health, safety 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 conductive to their health and safety.

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Applicability of the Act

At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on notwithstanding that:

• The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
• The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.

What is a manufacturing process?

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Manufacturing process means any process for

• (i) making, altering, repairing, ornamenting, finishing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or
• (ii) pumping oil, water, sewage or any other substance; or
• (iii) generating, transforming or transmitting power; or
• (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding

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• (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;
• (vi) preserving or storing any article in cold storage. [section 2(k)].

Who is a worker?

• A person employed in any manufacturing process or in cleaning any work incidental to manufacturing process.
• A person employed, directly or through any agency with or without the knowledge of the principal employer.

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• Whether for remuneration or not.
• Relationship of master and servant.
• [section 2(1)].

Health Provisions[

• Chapter III of Factories Act details regarding health provisions. Let us discuss these provisions.

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Cleanliness[sec. 11]

• The working conditions should be clean and safe.
• Clean the floor at least once a week by washing, or by some effective method.
• Effective means of drainage should be provided.
• White wash every 14 months.

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• Paint / varnish every 5 years.

Disposal of wastes and effluents [sec.12]

• There should be proper arrangements for the treatment or disposal of wastes and effluents.
• Follow state govt. rules.

Ventilation & Temperature [sec.13]

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• Proper level of ventilation and temperature and humidity must be maintained.
• Make provisions for reducing excessive heat.

Dust and fume[sec.14]

• Effective measures should be taken to prevent inhalation or accumulation of dust & fume.
• If any exhaust appliance is necessary for, it shall be applied as near as possible to the point of origin of dust, fume or other impurities.

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Artificial Humidification

• Factories in which the humidity of the air is artificially increased (by humidifying units), keep it in limits.
• The water used for artificial humidification to be clean.

Overcrowding[Sec.16]

• 14.2 cubic metres space for every worker. While calculating this space, the space above the worker beyond 4.2 metres will not be taken into account.

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• Notice specifying the maximum number of workers, which may be employed in any work room, should be displayed in the premises.

Lighting[Sec17]

• Sufficient & suitable lighting in every part of factory. There should be natural lighting as far as possible.
• All glazed windows and sky lights used for the lighting of the work rooms to be kept clean.
• Formation of shadows that cause eye-strain or risk of accident to any worker should be prevented.

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Drinking water[Sec.18]

• There should be drinking water (wholesome water)
• Drinking points to be marked for drinking water. They should be at least 6 meters away from washing places, latrine/spittoons.
• If >250 workers are working, then cool water facility also.

Latrines and Urinals

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• There should be separate latrines for male and female.
• Proper cleaning should be done.

Spittoons[Sec.20]

• There should be sufficient number of spittoons.
• No person shall spit within the premises of a factory except in the spittoons provided for the purpose.

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• Whoever spits in contravention shall be punishable with fine not exceeding five rupees.

Safety of Worker[Sec.21-41]

• CHAPTER IV DEALS WITH SAFETY OF WORKER

Fencing of Machinery

• Every dangerous parts must be securely fenced.

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• The State Government may by rules prescribe such further precautions.

Employment of young persons on dangerous machines

• No young person should be allowed to work on dangerous machines unless he has been trained, and is under adequate supervision).
• Young person = 14 to 18 years.

Striking gears[Sec.24]

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• There should be suitable striking gear etc. to switch off the power in case there is any emergency, which can be solved.

Self acting machine

• Make sure that no person is allowed in a space within 45 cm from any part of a structure which is not a fixed part of the machine.

Casing of new machinery

• All machinery driven by power and installed should be so suitably guarded or otherwise effectively guarded as to prevent danger.

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Cotton openers[Sec.27]

• No women and children shall be allowed to work on cotton openers.

Hoists and lifts [Sec.28]

• Every hoist and lift should be of good mechanical condition, and properly maintained.
• The maximum load it can carry should be clearly mentioned.

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• The gates should be locked (automatic interlocking / safe methods) when the lift is open in between).
• To be properly examined every six months.

Lifting machines, chains and lifting tackles[Sec.29]

• Cranes & lifting machines should be of good construction & to be examined at least once in every 12 months.
• Cranes and lifting machines not to be loaded beyond safe working load.

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• Cranes not to be approached within 6 metres of a place where any person is employed or working.

Revolving machinery

• Maximum safe speed must be mentioned for each machine.
• Speed indicated in notice should not be exceeded.

Pressure plant[Sec.31]

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• There should be safe working pressure on pressure plants.
• Effective measures should be taken to ensure that the safe working pressure is not exceeded.

Floors, Stairs etc. [Sec.32]

• All floors, steps, stairs, passages and gangways should be of sound construction & properly maintained.

Pits, sumps, opening in floors etc. [Sec.33]

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Pits, sumps etc. should be securely covered or fenced.

Excessive weights

• No person should be employed to carry more weight than the person can carry.

Protection of eyes

• Provide goggles if worker is doing work on something striking to the eyes.

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Dangerous fumes

• Prohibited to employ worker in a room where dangerous gas / fumes are present.
• Practicable measures should be taken for removal of gas, fumes etc.

Precautions in case of fire [Sec.38]

• There should be separate exits in case of fire.

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• There should be facilities for extinguishing fire.

Safety officer[Sec.40-B]

• If 1000 or more workers are employed, appoint a separate safety officer.

Welfare Provision[Sec.42-50]

• Chapter V

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• There are a number of provisions in factories act regarding welfare facilities for the workers.

Welfare Issues

• Washing facilities(Sec 42)
• Facilities for, storing & drying clothing(Sec 43)
• Facilities for sitting(Sec 44)

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• First aid appliances(Sec 45)
• Canteen(Sec46)
• Rest room, shelters, lunch room(Sec 47)
• Creches (Sec 48)
• Welfare Officers(Sec 49)

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• Power to make rule (Sec 50)

Washing facilities[Sec.42]

• There should be washing facilities in every factory for the workers and separate male and female workers should be screened.
• conveniently accessible and should be clean.

Facility for storing and drying clothing[Sec.43]

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• There should be facility so that workers can place their cloth not wet during manufacturing process.
• There should be facility so that workers can dry their wet cloth.

Facilities for sitting

• Suitable arrangements for sitting should be provided and maintained for all workers obliged to work in a standing position
• If the worker can do the work by sitting, - there should be arrangement for the worker.

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First-aid appliances

• There should be at least one first-aid box for every 150 workers.
• It should have the prescribed contents.
• A responsible person should hold a certificate on first aid training.
• An ambulance room should be provided if the number of workers is more than 500.

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Canteen[sec.46]

• If the number of workers is more than 250, the govt. may make rules for canteen.
• The govt. may make rules regarding foodstuff, construction, accommodation, equipment of the canteen.

Shelter, rest room, lunch room[Sec.47]

• When 150 workers are working, there should be rest rooms, lunch rooms etc.

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• Such places should be hygienic and have water facilities etc.

Creches[Sec.48]

• If the number of women workers is more than 30, there should be separate creches.
• It should be sufficiently lighted and ventilated & to be under the charge of trained women

Welfare Officer[Sec.49]

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• If the number of workers is more than 500 or more, there should be a welfare officer to look after the welfare of workers.

In Nutshell

• Crèche - > 30 women workers
• Restroom / shelters and lunch room for workmen
• Cooled drinking water - > 250

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• Canteen - > 250 workers
• Ambulance room - Doctor, Nurse, compounder - > 500 workers
• Welfare officer - > 500 workers
• Lady welfare officer -> more number

Working hours Of Adults

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• Chapter VI
• The rule as to the regulation of the work of adult workers in factories including holidays.

Working Hours

• Sec.51-Weekly hours not more than 48 hours a week
• Sec.52-First day of the week shall be a weekly holiday

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• Sec.53-Compensatory holiday
• Where a weekly holiday is lost, worker shall be allowed to avail a compensatory holiday within the month.

Working Hours

• Sec.54-Daily working hours, no worker shall be allowed to work in a factory for more than nine hours a day
• Sec.55-Intervals for rest, no worker shall work for more than five hours before he has had an interval for rest of at least 1/2 an hour.

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• Inspector may increase the rest hours.

Spread over[sec.56]

• Inclusive of rest intervals, should not spread over more than 10 1/2 hours in any day
• Inspector may increase the spread over up to 12 hours.

Night Shifts[Sec.57]

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• If shift extends beyond midnight, a holiday for him will mean a period of 24 hours beginning when such shift ends.

Prohibition Overlapping Shifts[Sec.58]

• Work shall not be carried on in any factory by means of system of shifts so arranged that more than one relay of workers is engaged in the same kind of work at the same time.

Extra Wages for Overtime [Sec.59]

• If workers work for more than 9 hours a day or more than 48 hours a week, then extra wages should be given.

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• Wages at twice the ordinary rate of wages.

Restriction on Double Employment[Sec.60]

• No worker is allowed to work in any factory on any day on which he has already been working in any other factory

Notice of periods of work for Adult Workers[Sec.61]

• Notice to be displayed at a Conspicuous place.

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• Periods to be fixed before hand.
• Classification of workers.
• Copy of Notice in Duplicate, any change to be sent to Inspector.

Employment of young persons

Prohibition of employment of young Children[Sec.67]

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• No child who has not completed his 14th year allowed to work in any factory

Non-Adult workers to carry Tokens [Sec.68]

• A child who has completed his 14th year may be allowed to work if
  • a) a certificate of fitness is in custody of manager
  • b) Such child or adolescent carries a token giving a reference to such Certificate.

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Employment of Women

• Prohibition of women working in night shift
• Women shall not be allowed to work in any factory except between 6 A.M. and 7 P.M..
• The inspector may relax the above said prohibited between 10 P.M. and 5 A.M.
• Working hours not more than 48 hours & daily 9 hours

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Annual Leave with Wages[Sec.78-84(Chapter VIII)]

• Rules:
  1. Leave Entitlement- One day for every 20/15 days of work in case of adult/Child who has worked for 240 days.
  2. Computation of Period of 240 days- The days of lay-off, maternity leave (upto 12 weeks),& earned leave in previous year to be included.
  3. Discharge, Dismissal, Superannuation or quitting of employment- He , his heir , nominee as the case may be, shall be paid wages.

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• 4. Treatment of Fraction of Leave- Half day or more is treated as full while less is omitted.
  5. Treatment of Un-availed leave: Should be carried - forward to next calendar year, not exceed 30 in case of an adult & 40 in case of child.
  6. Application for leave to be made before specified time.
  7. Scheme for grant of leave.
  8. Display of Scheme for grant of leave.

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  9. Refusal of leave to be in accordance with scheme.
  10. Payment of wages to worker for the period he is discharged or if he quits service.

Wages during leave period[sec.80]

• Worker is 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 proceeding the leave.

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