Factories Act, 1948, Main Provisions

Question: Describe objective, scope and coverage of factories act 1948. What are the employer’s obligations in it?

Introduction:

There are three major legislations relating to occupational health and safety in India. They are related to the health and safety of persons employed in factories, mines and ports. The Factories Act, 1948 is one of the important legislation in India, in this regardTHE FACTORIES ACT, 1948

Objectives

1.      To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.

2.       To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory.

3.    To regulate the working condition in factories, regulate the working hours, leave, holidays, overtime, employment of children, women and young person ext.

SCOPE AND COVERAGE

1.       Regulates working condition in factories.

2.       Basic minimum requirements for ensuring safety, health and welfare of workers.

3.      Applicable to all workers.

4.      Applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months.

MAIN PROVISIONS

•  Compulsory approval, licensing and registration of factories.

•  Health measures.

•  Safety measures.

•  Welfare measures.

•  Working hours.

•  Employment of women and young persons.

•  Annual leave provision.

•  Accident and occupational diseases.

•  Dangerous operations.

•  Penalties.

•  Obligations and rights of employees.

OBLIGATION OF EMPLOYERS:

1) COMPULSORY APPROVAL: THE OCCUPIER OF ANY FACTORY HAS TO OBTAIN PRIOR APPROVAL OF THE STATE GOVERNMENT FOR THE SITE ON WHICH THE FACTORY IS TO BE SITUATED AND FOR THE CONSTRUCTION OR EXTENSION OF A FACTORY.

2) REGISTRATION/LICENSE AND NOTICE BY OCCUPIER: THE OCCUPIER OF FACTORY IS ALSO REQUIRED TO GET THE FACTORY REGISTERED FOR OBTAINING A LICENSE FOR OPERATING IT AND SEND A NOTICE OF OCCUPATION TO A CHIEF INSPECTOR OF FACTORIES, AT LEAST 15 DAYS BEFORE HE BEGINS TO OCCUPY THE FACTORY. THE APPLICATION FOR REGISTRATION AND NOTICE OF OCCUPATION SHALL BE SUBMITTED IN TRIPLICATE IN THE PRESCRIBED FEE AND SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE LICENSING AUTHORITY. THE LICENSE FEE SHALL BE PAID A TREASURY CHALLENGE UNDER THE APPROPRIATE HEAD OF THE ACCOUNT.

3) NOTICE OF CHANGE OF MANAGER: WHENEVER A NEW MANAGER IS APPOINTED THE OCCUPIER MUST INTIMATE THE INSPECTOR AND THE CHIEF INSPECTOR IN THE PRESCRIBE FORM,WITHIN 7 DAYS FROM THE DATE HE TAKES OVER THE CHARGE.

4)  GENERAL DUTIES AS TO HEALTH, SAFETY AND WELFARE OF WORKERS: EVERY OCCUPIER SHALL-

A) ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE HEALTH, SAFETY AND WELFARE OF ALL WORKERS WHILE THEY ARE AT WORK IN THE FACTORY

B) PROVIDE AND MAINTAIN PLANT AND SYSTEMS OF WORK IN THE FACTORY THAT ARE SAFE AND WITHOUT RISKS TO HEALTH

C) MAKE ARRANGEMENTS FOR ENSURING SAFETY AND ABSENCE OF RISKS TO HEALTH IN CONNECTION WITH THE USE, HANDLING, STORAGE AND TRANSPORT OF ARTICLE AND SUBSTANCES.

D) PROVIDE NECESSARY INFORMATION, INSTRUCTION, TRAINING AND SUPERVISION FOR HEALTH AND SAFETY OF ALL WORKERS.

E) MAINTAIN ALL PLACES IN THE FACTORY IN A CONDITION THAT IS SAFE AND WITHOUT RISKS TO HEALTH.

F)  PROVIDE AND MAINTAIN SUCH WORKING ENVIRONMENT IN THE FACTORY THAT IS SAFE, WITHOUT RISKS TO HEALTH AND WITH ADEQUATE FACILITIES AND ARRANGEMENTS FOR THE WELFARE OF WORKERS

CERTIFICATES OF FITNESS –

(1) A CERTIFYING SURGEON SHALL, ON THE APPLICATION OF ANY YOUNG PERSON OR HIS PARENT OR GUARDIAN ACCOMPANIED BY A DOCUMENT SIGNED BY THE MANAGER OF A FACTORY THAT SUCH PERSON WILL BE EMPLOYED THEREIN IF CERTIFIED TO BE FIT FOR WORK IN A FACTORY, OR ON THE APPLICATION OF THE MANAGER OF THE FACTORY IN WHICH ANY YOUNG PERSON WISHES TO WORK, EXAMINE SUCH PERSON AND ASCERTAIN HIS FITNESS FOR WORK IN A FACTORY.

(2) THE CERTIFYING SURGEON, AFTER EXAMINATION, MAY GRANT TO SUCH YOUNG PERSON, IN THE PRESCRIBED FORM, OR MAY RENEW –

(A) A CERTIFICATE OF FITNESS TO WORK IN A FACTORY AS A CHILD, IF HE IS SATISFIED THAT THE YOUNG PERSON HAS COMPLETED HIS FOURTEENTH YEAR, THAT HE HAS ATTAINED THE PRESCRIBED PHYSICAL STANDARDS AND THAT HE IS FIT FOR SUCH WORK;

(B) A CERTIFICATE OF FITNESS TO WORK IN A FACTORY AS AN ADULT, IF HE IS SATISFIED THAT THE YOUNG PERSON HAS COMPLETED HIS FIFTEENTH YEAR, AND IS FIT FOR A FULL DAY'S WORK IN A FACTORY: PROVIDED THAT UNLESS THE CERTIFYING SURGEON HAS PERSONAL KNOWLEDGE OF THE PLACE WHERE THE YOUNG PERSON PROPOSES TO WORK AND OF THE MANUFACTURING PROCESS IN WHICH HE WILL BE EMPLOYED, HE SHALL NOT GRANT OR RENEW A CERTIFICATE UNDER THIS SUB-SECTION UNTIL HE HAS EXAMINED SUCH PLACE.

(3) A CERTIFICATE OF FITNESS GRANTED OR RENEWED UNDER SUB-SECTION (2) –

(A) SHALL BE VALID ONLY FOR A PERIOD OF TWELVE MONTHS FROM THE DATE THEREOF;

(B) MAY BE MADE SUBJECT TO CONDITIONS IN REGARD TO THE NATURE OF THE WORK IN WHICH THE YOUNG PERSON MAY BE EMPLOYED, OR REQUIRING RE-EXAMINATION OF THE YOUNG PERSON BEFORE THE EXPIRY OF THE PERIOD OF TWELVE MONTHS.

(4) A CERTIFYING SURGEON SHALL REVOKE ANY CERTIFICATE GRANTED OR RENEWED UNDER SUB-SECTION (2) IF IN HIS OPINION THE HOLDER OF IT IS NO LONGER FIT TO WORK IN THE CAPACITY STATED THEREIN IN A FACTORY.

(5) WHERE A CERTIFYING SURGEON REFUSES TO GRANT OR RENEW A CERTIFICATE OR A CERTIFICATE OF THE KIND REQUESTED OR REVOKES A CERTIFICATE, HE SHALL, IF SO REQUESTED BY ANY PERSON WHO COULD HAVE APPLIED FOR THE CERTIFICATE OR THE RENEWAL THEREOF, STATE HIS REASONS IN WRITING FOR SO DOING.

(6) WHERE A CERTIFICATE UNDER THIS SECTION WITH REFERENCE TO ANY YOUNG PERSON IS GRANTED OR RENEWED SUBJECT TO SUCH CONDITIONS AS ARE REFERRED TO IN CLAUSE (B) OF SUB-SECTION (3), THE YOUNG PERSON SHALL NOT BE REQUIRED OR ALLOWED TO WORK IN ANY FACTORY EXCEPT IN ACCORDANCE WITH THOSE CONDITIONS.

(7) ANY FEE PAYABLE FOR A CERTIFICATE UNDER THIS SECTION SHALL BE PAID BY THE OCCUPIER AND SHALL NOT BE RECOVERABLE FROM THE YOUNG PERSON, HIS PARENTS OR GUARDIAN.

EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINES –

(1) NO YOUNG PERSON SHALL BE REQUIRED OR ALLOWED TO WORK AT ANY MACHINE TO WHICH THIS SECTION APPLIES, UNLESS HE HAS BEEN FULLY INSTRUCTED AS TO THE DANGERS ARISING IN CONNECTION WITH THE MACHINE AND THE PRECAUTIONS TO BE OBSERVED AND –

(A) HAS RECEIVED SUFFICIENT TRAINING IN WORK AT THE MACHINE, OR

(B) IS UNDER ADEQUATE SUPERVISION BY A PERSON WHO HAS A THOROUGH KNOWLEDGE AND EXPERIENCE OF THE MACHINE.

(2) SUB-SECTION (1) SHALL APPLY TO SUCH MACHINES AS MAY BE PRESCRIBED BY THE STATE GOVERNMENT, BEING MACHINES WHICH IN ITS OPINION ARE OF SUCH A DANGEROUS CHARACTER THAT YOUNG PERSONS OUGHT NOT TO WORK AT THEM UNLESS THE FOREGOING REQUIREMENTS ARE COMPLIED WITH.

(5) GENERAL DUTIES AS REGARDS ARTICLE AND SUBSTANCES FOR USE IN FACTORIES: EVERY PERSON WHO DESIGN, MANUFACTURE, IMPORTS OR SUPPLIES ANY ARTICLE FOR USE IN ANY FACTORY SHALL

A) ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THAT THE ARTICLE IS SO DESIGNED AND CONSTRUCTED AS TO BE SAFE AND WITHOUT RISKS TO HEALTH OF THE WORKERS WHEN PROPERLY USED.

B) TAKE NECESSARY STEPS TO ENSURE THAT ADEQUATE INFORMATION WILL BE AVAILABLE IN THE CONNECTION WITH THE USE OF THE ARTICLE AND CONDITIONS NECESSARY TO ENSURE THAT THE ARTICLE, WHEN PUT TO SUCH USE, WILL BE SAFE AND WITHOUT RISKS TO HEALTH OF THE WORKERS.

6) TO PROVIDE HEALTH MEASURE: THE OCCUPIER OF FACTORY IS OBLIGATED TO UNDERTAKE FOLLOWING MEASURE FOR MEASURES FOR ENSURING GOOD HEALTH AND PHYSICAL FITNESS:-

A) THE OCCUPIER IS REQUIRED TO KEEP THE FACTORY PREMISES CLEAN AND FREE WASTE AND EFFLUVIA SHOULD MAKE ARRANGEMENT FOR SWEEPING AND REMOVING DIRT DAILY.

B) KEEP THE FACTORY ADEQUATELY VENTILATED TEMPERATURE AND HUMID.

C) PREVENTS DUST AND FUMES

D) AVOID OVERCROWDING

SUFFICIENT AND SUITABLE NATURAL OR ARTIFICIAL LIGHTING AND WHOLESOME DRINKING WATER AT SUITABLE POINTS AND DURING HOT SEASON. EVERY FACTORY SHOULD PROVIDE AND, MAINTAIN LATRINE, URINALS AND SPITTOONS

LATRINES AND URINALS –

(1) IN EVERY FACTORY –

 (A) SUFFICIENT LATRINE AND URINAL ACCOMMODATION OF PRESCRIBED TYPES SHALL BE PROVIDED CONVENIENTLY SITUATED AND ACCESSIBLE TO WORKERS AT ALL TIMES WHILE THEY ARE AT THE FACTORY;

 (B) SEPARATE ENCLOSED ACCOMMODATION SHALL BE PROVIDED FOR MALE AND FEMALE WORKERS;

 (C) SUCH ACCOMMODATION SHALL BE ADEQUATELY LIGHTED AND VENTILATED, AND NO LATRINE OR URINAL SHALL, UNLESS SPECIALLY EXEMPTED IN WRITING BY THE CHIEF INSPECTOR, COMMUNICATE WITH ANY WORKROOM EXCEPT THROUGH AN INTERVENING OPEN SPACE OR VENTILATED PASSAGE;

 (D) ALL SUCH ACCOMMODATION SHALL BE MAINTAINED IN A CLEAN AND SANITARY CONDITION AT ALL TIMES;

 (E) SWEEPERS SHALL BE EMPLOYED WHOSE PRIMARY DUTY IT WOULD BE TO KEEP CLEAN LATRINES, URINALS AND WASHING PLACES.

(2) IN EVERY FACTORY WHEREIN MORE THAN TWO HUNDRED AND FIFTY WORKERS ARE ORDINARILY EMPLOYED –

(A) ALL LATRINE AND URINAL ACCOMMODATION SHALL BE OF PRESCRIBED SANITARY TYPES;

(B) THE FLOORS AND INTERNAL WALLS, UP TO A HEIGHT OF NINETY CENTIMETERS, OF THE LATRINES AND URINALS AND THE SANITARY BLOCKS SHALL BE LAID IN GLAZED TITLES OR OTHERWISE FINISHED TO PROVIDE A SMOOTH POLISHED IMPERVIOUS SURFACE;

(C) WITHOUT PREJUDICE TO THE PROVISIONS OF CLAUSES

(D) AND (E) OF SUB-SECTION (1), THE FLOORS, PORTIONS OF THE WALLS AND BLOCKS SO LAID OR FINISHED AND THE SANITARY PANS OF LATRINES AND URINALS SHALL BE THOROUGHLY WASHED AND CLEANED AT LEAST ONCE IN EVERY SEVEN DAYS WITH SUITABLE DETERGENTS OR DISINFECTANTS OR WITH BOTH.

(3) THE STATE GOVERNMENT MAY PRESCRIBE THE NUMBER OF LATRINES AND URINALS TO BE PROVIDED IN ANY FACTORY IN PROPORTION TO THE NUMBERS OF MALE AND FEMALE WORKERS ORDINARILY EMPLOYED THEREIN, AND PROVIDE FOR SUCH FURTHER MATTERS IN RESPECT OF SANITATION IN FACTORIES, INCLUDING THE OBLIGATION OF WORKERS IN THIS REGARD, AS IT CONSIDERS NECESSARY IN THE INTEREST OF THE HEALTH OF THE WORKERS EMPLOYED THEREIN.

FIRST AID APPLIANCES –

(1)   THERE SHALL IN EVERY FACTORY BE PROVIDED AND MAINTAINED SO AS TO BE READILY ACCESSIBLE DURING ALL WORKING HOURS FIRST-AID BOXES OR CUPBOARDS EQUIPPED WITH THE PRESCRIBED CONTENTS, AND THE NUMBER OF SUCH BOXES OR CUPBOARDS TO BE PROVIDED AND MAINTAINED SHALL NOT BE LESS THAN ONE FOR EVERY ONE HUNDRED AND FIFTY WORKERS ORDINARILY EMPLOYED AT ANY ONE TIME IN THE FACTORY.

(2)   NOTHING EXCEPT THE PRESCRIBED CONTENTS SHALL BE KEPT IN A FIRST-AID BOX OR CUPBOARD.

(3)   EACH FIRST-AID BOX OR CUPBOARD SHALL BE KEPT IN THE CHARGE OF A SEPARATE RESPONSIBLE PERSON WHO HOLDS A CERTIFICATE IN FIRST-AID TREATMENT RECOGNIZED BY STATE GOVERNMENT AND WHO SHALL ALWAYS BE READILY AVAILABLE DURING THE WORKING HOURS OF THE FACTORY.

(4)   IN EVERY FACTORY WHEREIN MORE THAN FIVE HUNDRED WORKERS ARE ORDINARILY EMPLOYED THERE SHALL BE PROVIDED AND MAINTAINED AN AMBULANCE ROOM OF THE PRESCRIBED SIZE, CONTAINING THE PRESCRIBED EQUIPMENT AND IN THE CHARGE OF SUCH MEDICAL AND NURSING STAFF AS MAY BE PRESCRIBED AND THOSE FACILITIES SHALL ALWAYS BE MADE READILY AVAILABLE DURING THE WORKING HOURS OF THE FACTORY.

7) TO UNDERTAKE SAFETY MEASURES:  EVERY FACTORY MUST TAKE APPROPRIATE SAFETY MEASURE AS PROVIDED UNDER THE ACT

A) FENCING OF ALL DANGEROUS AND MOVING PARTS OF THE MACHINERY WHILE IN MOTION OR USE

B) YOUNG PERSONS (BETWEEN 15 TO 18) ARE NOT SUPPOSED TO WORK ON ANY DANGEROUS MACHINE WITHOUT ADEQUATE TRAINING AND SUPERVISION.

C) KEEPING FLOORS, STAIRS, STEPS, ETC FREE FROM OBSTRUCTIONS AND SLIPPERY SUBSTANCES AND PROVIDED WITH SUBSTANTIAL HANDRAILS.

D) TAKING NECESSARY PRECAUTIONS AND PROVIDING SCREENS OR GOGGLES FOR PROTECTION OF EYES, PRECAUTIONS TO PREVENT EXPOSURE TO DANGEROUS FUMES, GASES OR DUST, AND MEASURE TO PREVENT ACCUMULATION OF EXPLOSIVE OR IN FLAMMABLE DUST, FUMES, GASES OR VAPOURS.

8)  WELFARE AMENITIES:  ALL THE FACTORIES SHALL PROVIDE ADEQUATE AND SUITABLE FACILITIES FOR

A) WASHING AND DRYING OF WET CLOTHS AND STORING OF CLOTHS

B) SITTING ARRANGEMENTS FOR EMPLOYEE WHO ARE REQUIRED TO WORK IN STANDING POSITION IN ORDER THAT THEY MAY TAKE SHORTS RESTS IN THE COURSE OF THEIR WORK

C) FIRST AID BOX OR CUPBOARDS EQUIPPED WITH PRESCRIBE CONTENTS SHALL BE PROVIDED

D) FACTORY SHOULD PROVIDE AMBULANCE ROOM IF WORKERS ARE MORE THAN 500

E) THE CANTEEN SHOULD BE PROVIDED WITH SUFFICIENT LIGHT AND VENTILATED

F) THEY SHOULD PROVIDE DRINKING WATER IN REST ROOMS, SHELTERS AND LUNCH ROOMS.

G) CRÈCHES SHOULD PROVIDE WHEN MORE TAN 30 WOMEN WORKERS ARE EMPLOYED IN THAN FACTORY.

9)  WORKING HOURS, HOLIDAYS AND OVERTIME:

A) RESTRICTION FOR WOMEN WORKERS NOT TO WORK AT NIGHT. AND THE CHILD BELOW 14 IS NOT TO BE EMPLOYED IN THE FACTORY

B) NO DUAL EMPLOYMENT

C) THE WORKING HOURS FOR AN ADULT SHOULD NOT EXCEED 48 HOURS IN A WEEK.

D) EVERY WORKER SHOULD ALLOWED AT LEAST HALF AN HOUR REST INTERVAL AFTER A MAXIMUM WORKING OF 5 HOURS AT A STRETCH

E) NO OVERLAPPING OF SHIFT

F) EVERY WORKER SHOULD HAVE ONE HOLIDAY IN A WEEK

G) IF A PERSON DOES MORE WORK AT USUAL TIME HE SHOULD RECEIVE THE WAGES DOUBLE THE ORDINARY RATE OF WAGES 

10)  LEAVE WITH WAGES: EARNED LEAVE- EVERY WORKERS WHO HAS WORKED FOR A PERIOD OF 240 DAYS OR MORE DURING A CALENDAR YEAR OR IF HIS SERVICES COMMENCE AFTER FIRST OF JANUARY, THEN FOR AT LEAST TWO THIRD S OR THE TOTAL NUMBER OF DAYS IN THE REMAINING PART OF THE YEAR.

11)  DISPLAY NOTICE, MAINTAIN AND SUBMIT RETURNS: THE OCCUPIER AND MANAGER SHOULD REQUIRED TO INTIMATE ANT INTENTION OF CLOSURE OF FACTORY OR ANY SECTION OR DEPARTMENT THEREOF, ALONG WITH THE REASONS FOR SUCH CLOSURE, NUMBER OF WORKERS TO BE AFFECTED, ETC. THEY SHOULD ALSO MAINTAIN REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCE, INSPECTION BOOK ETC. THE MANAGER IS GENERALLY REQUIRED TO FURNISH CERTAIN RETURNS SUCH AS ANNUAL RETURN, HALF YEARLY RETURNS WHICH RELATING TO WAGES, LEAVES HOLIDAYS ETC.

DISPLAY OF NOTICES –

 (1) IN ADDITION TO THE NOTICES REQUIRED TO BE DISPLAYED IN ANY FACTORY BY OR UNDER THIS ACT, THERE SHALL BE DISPLAYED IN EVERY FACTORY A NOTICE CONTAINING SUCH ABSTRACTS OF THIS ACT AND OF THE RULES MADE THERE UNDER AS MAY BE PRESCRIBED AND ALSO THE NAME AND ADDRESS OF THE INSPECTOR AND THE CERTIFYING SURGEON.

 (2) ALL NOTICES REQUIRED BY OR UNDER THIS ACT TO BE DISPLAYED IN A FACTORY SHALL BE IN ENGLISH AND IN A LANGUAGE UNDERSTOOD BY THE MAJORITY OF THE WORKERS IN THE FACTORY, AND SHALL BE DISPLAYED AT SOME CONSPICUOUS AND CONVENIENT PLACE AT OR NEAR THE MAIN ENTRANCE TO THE FACTORY, AND SHALL BE MAINTAINED IN A CLEAN AND LEGIBLE CONDITION.

 (3) THE CHIEF INSPECTOR MAY, BY ORDER IN WRITING SERVED ON THE MANAGER OF ANY FACTORY, REQUIRE THAT THERE SHALL BE DISPLAYED IN THE FACTORY ANY OTHER NOTICE OR POSTER RELATING TO THE HEALTH, SAFETY OR WELFARE OF THE WORKERS IN THE FACTORY.

RETURNS –

THE STATE GOVERNMENT MAY MAKE RULES REQUIRING OWNERS, OCCUPIERS OR MANAGERS OF FACTORIES TO SUBMIT SUCH RETURNS, OCCASIONAL OR PERIODICAL, AS MAY IN ITS OPINION BE REQUIRED FOR THE PURPOSES OF THIS ACT. NOTICE OF ACCIDENTS, DANGEROUS OCCURRENCE AND DISEASES: THE MANAGER OF A FACTORY IS REQUIRED TO SEND NOTICE OF THE FATAL AND OTHER ACCIDENTS CAUSING DISABLEMENT TO WORKER FOR A PERIOD OF 48 HOURS OR MORE, DANGEROUS OCCURRENCES WHETHER CAUSING ANY BODILY, INJURY OR NOT, AND ANY WORKER CONTACTING ANY OCCUPATIONAL DISEASE OBLIGATIONS REGARDING HAZARDOUS PROCESS/ SUBSTANCES; THE MANAGER REQUIRED TO UNDERTAKE THE FOLLOWING MEASURE FOR ENSURING SAFETY OF LIFE AND HEALTH OF THE WORKERS THE OCCUPIER OR MANAGER INFORM THE WORKERS, THE LOCAL AUTHORITY AND THE GENERAL PUBLIC IN THE VICINITY OF THE FACTORY, ABOUT THE DANGEROUS AND HEALTH HAZARDS CAUSED BY THE HAZARDOUS PROCESS

A) THEY SHOULD HAVE PLANE TO HANDLE USAGE AND STORAGE OF HAZARDOUS INSIDE THE FACTORY AND THEIR DEPOSAL OUTSIDE THE FACTORY

B)  THE OCCUPIER SHALL ALSO MAINTAIN ACCURATE AND UP TO DATE HEALTH /MEDICAL RECORDS OF THE WORKERS WHO ARE EXPOSED TO ANY CHEMICAL, TOXIC OR ANT OTHER HARMFUL SUBSTANCES.

C) THE OCCUPIER SHOULD INFORM THE CHIEF INSPECTOR ABOUT THE HAZARDOUS PROCESS WITHIN 30 DAYS BEFORE THE COMMENCEMENT OF SUCH PROCESS