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Nisarg Desai

The Factories Act, 1948 is a key piece of legislation in India designed to regulate labor conditions in factories and ensure the safety, health, and welfare of workers. It applies to factories employing 10 or more workers where power is used, or 20 or more workers where no power is used. The Act sets out provisions for working conditions, working hours, safety measures, and employee welfare, aiming to protect workers from industrial hazards, including exposure to carcinogenic materials and other health risks.

Key Provisions of the Factories Act, 1948:1. Health Provisions:
  • Cleanliness: Factories must maintain cleanliness, including the disposal of waste and effluents.
  • Ventilation and Temperature Control: Adequate ventilation and temperature control measures must be provided to ensure worker comfort and safety.
  • Dust and Fumes Control: Factories are required to control harmful dust, fumes, and other emissions to prevent health risks to workers.
2. Safety Measures:
  • Fencing of Machinery: All dangerous machinery must be fenced off to prevent accidental injuries.
  • Precautions against Dangerous Substances: Special provisions are in place to safeguard workers from exposure to dangerous substances like chemicals and carcinogenic materials.
  • Worker Training: Workers should be informed and trained about the risks involved in handling hazardous materials.
3. Welfare Measures:
  • Washing Facilities: Adequate facilities for washing must be provided for workers exposed to dangerous substances.
  • First Aid: Every factory must have a first-aid facility with trained personnel.
  • Canteens, Restrooms, and Crèches: Factories above a certain size must provide these welfare facilities for the employees.
4. Working Hours and Leave:
  • Working Hours: The Act prescribes a maximum of 48 hours per week, with daily shifts not exceeding 9 hours.
  • Overtime: Workers are entitled to overtime wages if they work beyond the prescribed hours.
  • Annual Leave: Workers are entitled to paid annual leave depending on their length of service.
5. Occupational Health and Safety (OHS):
  • The Act emphasizes the protection of workers from hazardous processes. It includes provisions for safety equipment, medical supervision, and inspections to minimize exposure to harmful materials like asbestos, lead, and silica dust.
  • Safety Officers: Factories employing over a certain number of workers must appoint safety officers to ensure compliance with safety regulations.
6. Special Provisions for Hazardous Industries:
  • Industries that involve hazardous processes, such as chemicals or those that generate carcinogenic materials, are subject to additional regulations under Section 41A to 41H of the Act.
  • Medical Surveillance: Workers in hazardous industries must undergo periodic health checks to detect any signs of occupational diseases early.
7. Regulation of Young Workers and Women:
  • Child Labor: The Act prohibits the employment of children below the age of 14 in factories.
  • Employment of Women: There are specific provisions for regulating the working hours of women and ensuring their safety.
Enforcement and Governing Bodies:

The Directorate of Industrial Safety and Health (DISH) in each state ensures compliance with the Factories Act. Inspections, licensing, and certifications are conducted to ensure that factories adhere to the safety, health, and welfare provisions.

Amendments:

The Factories Act has been amended several times, with notable amendments to improve worker safety, especially regarding hazardous industries. Factories (Amendment) Bill 2016 introduced increased penalties for non-compliance and additional safeguards for workers in hazardous processes.

Relevance:

The Factories Act, 1948 plays a crucial role in mitigating industrial hazards, including carcinogenic exposures, by enforcing stringent safety measures and health protocols in India’s manufacturing and engineering sectors.


Nisarg Desai
The Factories Act, 1948[Act No. 63 of 1948]

An Act to consolidate and amend the law regulating labor in factories.

Be it enacted by Parliament as follows:

Chapter I: Preliminary
  1. Short Title, Extent, and Commencement:

    • This Act may be called the Factories Act, 1948.
    • It extends to the whole of India.
    • It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
  2. Definitions:

    • Factory: A premises where 10 or more workers are working, and power is used, or 20 or more workers are working without the use of power.
    • Worker: A person employed directly or through any agency, whether for wages or not, in any manufacturing process or any incidental process.
    • Occupier: The person who has ultimate control over the affairs of the factory.
Chapter II: The Inspecting Staff
  1. Inspectors:
    • The State Government shall appoint Inspectors for enforcing the provisions of the Act.
    • Inspectors have the power to enter any factory and examine any machinery or documents.
Chapter III: Health
  1. Cleanliness:

    • Every factory shall be kept clean, including provisions for sweeping, washing, and removing waste.
  2. Disposal of Wastes and Effluents:

    • Effective arrangements shall be made for the treatment of wastes and effluents.
  3. Ventilation and Temperature:

    • Adequate ventilation and cooling provisions must be in place to ensure the comfort of the workers.
  4. Dust and Fume Control:

    • Effective measures shall be taken to prevent the inhalation of dust, fumes, or other impurities generated in the manufacturing process.
  5. Lighting:

    • Sufficient and suitable lighting must be provided in every part of the factory.
  6. Overcrowding:

    • Factories must ensure that workers are not overcrowded to a degree that is injurious to their health.
Chapter IV: Safety
  1. Fencing of Machinery:

    • Every dangerous part of any machinery shall be securely fenced to prevent injury.
  2. Work on or Near Machinery in Motion:

    • Special care and supervision are required when workers are engaged with machinery in motion.
  3. Employment of Young Persons on Dangerous Machines:

    • No young person (below 18 years) shall work on dangerous machines unless they have been trained and are under supervision.
  4. Prohibition of Work on Certain Dangerous Machines:

    • Specific machines may be prohibited by the government from use without adequate safeguards.
  5. Precautions Against Dangerous Fumes, Gases, etc.:

    • Suitable measures must be adopted to prevent the build-up of dangerous fumes or gases.
  6. Protection of Eyes:

    • Goggles or other protective equipment shall be provided where processes involve risk of injury to the eyes.
  7. Precautions in Case of Fire:

    • Factories must be equipped with adequate means of escape and firefighting equipment in case of fire.
Chapter V: Welfare
  1. Washing Facilities:

    • Adequate and suitable washing facilities must be provided for workers.
  2. Facilities for Storing and Drying Clothing:

    • Provision for drying and storing wet clothing should be made where necessary.
  3. Facilities for Sitting:

    • Workers whose work is performed standing should be provided with seats for rest.
  4. First Aid Appliances:

    • Every factory must have a first aid box equipped with prescribed contents and a trained person in charge.
  5. Canteens:

    • Canteens must be provided in factories where more than 250 workers are employed.
  6. Shelters, Restrooms, and Lunch Rooms:

    • Suitable shelters or restrooms and lunch rooms shall be provided for workers.
  7. Creches:

    • Factories with more than 30 women workers must provide a creche for the use of children of such workers.
Chapter VI: Working Hours of Adults
  1. Weekly Hours:

    • No adult worker shall be required or allowed to work in a factory for more than 48 hours a week.
  2. Daily Hours:

    • No adult worker shall work more than 9 hours in any day.
  3. Intervals for Rest:

    • A rest interval of at least half an hour shall be provided after five hours of continuous work.
  4. Overtime:

    • Workers are entitled to overtime pay at twice the normal rate for hours worked in excess of the prescribed limits.
Chapter VII: Employment of Young Persons
  1. Prohibition of Employment of Children:

    • No child under 14 years of age shall be employed in any factory.
  2. Working Hours for Adolescents:

    • Adolescents (ages 15-18) may work in factories only with the necessary certification and are limited to specific working hours.
Chapter VIII: Annual Leave with Wages
  1. Annual Leave:
    • Workers are entitled to annual leave with wages at a rate of one day for every 20 days worked in the case of adults and one day for every 15 days worked in the case of children.
Chapter IX: Special Provisions
  1. Special Provisions Relating to Hazardous Processes:

    • Factories involving hazardous processes must ensure the health and safety of workers by implementing medical surveillance, safety audits, and appropriate safety measures as prescribed.
  2. Notice of Certain Accidents:

    • The occupier of a factory must inform the prescribed authorities about any accident that causes serious bodily injury or death.
Chapter X: Penalties and Procedures
  1. Penalties for Offenses:
    • Violation of the provisions of this Act may result in penalties, including fines and imprisonment, depending on the severity of the offense.
Chapter XI: Supplemental
  1. Power to Make Rules:
    • The State Governments may make rules to carry out the provisions of this Act.

This is a summarized version of the Factories Act, 1948. For the full text and specific legal language, it is recommended to refer to legal documents or the Official Gazette of India.