7848fthe factories act 1948
TRANSCRIPT
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The Factories Act 1948
It extends to the whole country and is acentral act.
An Act to consolidate and amend the law
regulating labour in factories. Amended on several occasions in
1949,1950,1954,1956,1976 1989 but the
general framework remains the same. Enacted to protect workers from industrial
and occupational hazards
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It imposes upon the owner/occupiercertain duties to protect the workers andto secure for them employment in
conditions which are conducive to healthand safety.
Therefore the act provides for Health,Safety, Welfare, Working hours, Leaveand Provisions relating to Hazardousprocesses as separate chapters in the act.
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What is a factory
Sec 2 (m) defines factory as premises
including the precincts thereof where
manufacturing is being carried out:
By 20 or more persons without the aid of
power
10 or more with the aid of power.
Less than 10 workers where activity is
notified by the state Govt.
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Factory does not include
Mine,
Railway running shed
Hotel, Restaurant or eating places. Electronic data processing unit
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Premises including precincts
means
Open land
Sheds
Godowns
YardsCanteen
Creche
Rooms
Buildings
Machines
.
Precincts where
manufacturing activity is
being carried out
eg..Room where packing
of finished goods is done
Eg Yard where
groundnuts were dried.
Eg. Shed where pepper
and ginger werewinnowed as process
before sale
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What is a Manufacturing Process
Section 2(k)states Manufacturing to mean
Making, altering, repairing, ornamenting,
finishing, packing, 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.
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Manufacturing includes
Pumping oil, water, sewage or any other
substance
Generating, transforming or transmitting power,
Composing types for printing, printing by letterpress, book binding, lithography etc.
Constructing , reconstructing repairing ships or
vessels Preserving or storing any article in cold storage.
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What is not manufacturing
Dry cleaning is not a manufacturing
process. It is merely cleaning by
processing of washing held in
ESIC Vs.Triplex Dry Cleaners 1998 II LLJ.
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Shree Gopal Paper Vs. Inspector of
Factories UP 1969 Labour IC
Transportation of raw materials is not
manufacturing.
Eg: Baleing grass with a baleing press to
be sent to Paper Mill as a raw-material is
not a factory. It was the packing of raw
materials before it reach the factory.
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SHIFT
When work of the same kind is carried out
by 2 or more sets of workers, working
during different periods of the day ,each
such set is called group or relay andeach such period of work is called a shift.
There may be 2 or 3 shifts working each
day on the same set of machines, toproduce the same goods.
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Spread over
A period of work for an adult workerexclusive of rest will not extend ten and ahalf hours on any day.
In case exemption is sought may beincreased to 12 hours.
There is no provision for overlapping
shifts. Double employment in 2 factories on the
same day is prohibited.
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Day / Week
Day means period of 24 hours beginning
at midnight.
Week mean period of 7 days which starts
at midnight Saturday and extends to the
succeeding Saturday night.
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Occupier:
Occupier Section 2 (n) has been defined tomean:
The person who has ul t imate contro l
over the affai rs o f the facto ry. A partner in the case of firm.
Director in the case of a company.
In the case of a factory owned by thegovernment, persons who are appointed tomanage the affairs of the factory shall bedeemed to be the Occupier.
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Duties of an occupier
To ensure the health, safety and welfare of
all workers while they are work in the
factory
To prepare a written statement of a
general policy which will be followed for
the health and safety of the workers
To bring such a statement and its revision
to the notice of the workers.
O i h i d il d li b
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Occupier has to give detailed policy aboutmeasures taken for safety and health ofworkers.
Occupier has to give a detailed policy oncontrol measures in machine accidents.
He has to maintain a record of workers for
exposed to chemicals or harmfulsubstances.
Workers can warn Occupier about thelikelihood of danger to life /health directly
or through their representative andimmediate remedial measures have to betaken.
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WHO IS A WORKER
A Worker means a person employed
directly
or by though any Agency including a
Contractor,
with or without knowledge of principal
employer
whether for remuneration or not.
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In cleaning any part of the machinery or
premises where manufacturing is going
on.
A person who is engaged in any kind of
the work incidental to, or connected with
the manufacturing process
But does not include a member of the
armed forces of the unit.
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Some persons connected with
manufacturing are.
Time keepers who prepare pay sheets,leave and attendance records etc.
Accountants who compute salary
Security guards
Clerks
House keeeping
Loaders
Drivers
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They are Factory Workers.
Workers need not be engaged on the
precincts of the factory
Eg. Lorry driver who took the material from
one factory to another.
Eg. Carpenter who made wooden boxes
for packaging soaps after finishing.
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Prima Facie Test to see if the
person is a factory worker
Does the occupier have the right to
supervise the work?
Or control the manner in which the work is
executed?
Or is the worker answerable to the
occupier
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Child
Above 14 years of age.
Shall not be allowed to work in any factoryunless such child has been granted a certificate
of fitness He shall not work more than 4 and a half hourswork in a day (Section 71)
Shall not be permitted to work during the night.
The period work shall be limited to 2 shiftswhich have not overlapped
or spread over more than 5 hours each.
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No exemption to the above provision.
No child will be allowed to work in any
factory on any day on which he has
already been working in another factory.
No female child shall be allowed to work
except between 8 AM and 7 PM.
Will be allowed one day leave after
working 15 days
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Adolescent
A person between 16 to 18 years of age
Having certificate of fitness from a certifyingSurgeon to work as an adult
will carry a token giving reference of suchcertificate and hand over the same to theoccupier.
If no certificate has been granted he shall be
deemed to be a child. Adolescents will be allowed to work only
between 6 AM to 7 PM.
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ADULT WORKERS
Must work 6 days a week
For 9 hours each day
Rest for at least half hour after every 5hours
He will work not more than 48 hours in the
week
In accordance with the notice for period of
work which is displayed in the factory
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In case a worker is asked to work
overtime, he shall be paid wages @double
the rate .
The spread over shall not be more than
ten and a half hours unless exemption is
taken and can extend to 12 hours of work
a day
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Leave with Wages
He can avail leave for 20 days earned
leave after working for 240 days
He can carry forward /accumulate leave
for 30 days.
The periods of leave may be combined
with his weekly off.
Leave shall not be availed of on more than
3 occasions in a calendar year.
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Before it can start work..
Obtain prior permission for the construction of afactory: APPROVAL OF PLANS OF THEFACTORY by chief inspector of factories.
Application to obtain Licence to be made at least15 days before the commencement of amanufacturing activity. REGISTRATION AND
LICENCING OF FACTORY
Comply with the requisite provisions of law.
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STATUTORY REGISTERS
Muster Roll
Register of adult workers
Register of leave with wages
Overtime register
Register of accident or dangerous occurrence
Inspection book
Health register in respect of factories involvinghazardous processes and dangerous
operations.
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More Compliance
STATUTORY RETURNS TO BE FILED UNDERTHE FACTORIES ACT WITH DUE DATES:
STATUTORY NOTICES TO BE DISPLAYED:
STATUTORY PERIODICAL EXAMINATIONSOF PLANTS AND EQUIPMENT TO BECARRIED OUT
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EXEMPTION PROVISIONS
UNDER THE ACT
EXEMPTION TO WORK ON OVERTIME :
EXEMPTION FOR MA INTA ININGREGISTERS IN PRESCRIBED FORMS:
EXEMPTION FOR EMPLOYING WOMENWORKERS UPTO 10PM IN CERTAIN
FACTORIES