Factories Act, 1948

Applicability

Any premises whareon 10 or more persons with the aid of power or 20 or more workers are/were without aid of power working on any day preceding 12 rnonths, wherein Manufacturing process is being carried on. Sec.2(ii)

Registration & Renewal

Registration and Renewal of Factories to be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan. Sec.6

Employment of Young Persons

  • Prohibition of employment of young children e.g. 14 years.
  • Non-adult workers to Carry tokens e.g. certificate of fitness.
  • Working hours for children not more than 41/2 hrs. and not permitted to work during night shift. [Secs.67, 68 & 71]

Working Hours, Spread Over & Overtime of Adults

  • Weekly hours, not more than 48.
  • Daily hours not more than 9 hours.
  • Rest for at least 1/2 hour on working for 5 hrs.
  • Spreadover not more than 101/2 hours.
  • Overlapping shifts prohibited.
  • Extra Wages for overtime double than normal rate of wages.
  • Restrictions on employment of women before 6 A.M. and beyond 7 P.M. [Secs. 51,54 to 56,59 & 60]

Safety Measures

  • By fencing of machinery
  • By not allowing work on or near machinery in motion.
  • By not employing young persons on dangerous machines,
  • By striking gear and devices for cutting off power.
  • By installing Self-acting machines,
  • By casing of new machinery.
  • By prohibition of employment of women and children near cotton-openers.
  • By providing Hoists and lifts. [Secs. 21 to 28]

Annual Leave with Wages

  • An adult worker having worked for 240 days shall get one day for every 20 days and,
  • a child for every 15 days. Accumulation of leave for 30 days. Sec. 79

Basic Amenities

Employer shall ensure for the health of workers:

  • - Cleanliness
  • - Disposal of wastes and effluents
  • - Proper ventilation and temperature control
  • - Dust and fume control
  • - Overcrowding control
  • - Artificial humidification
  • - Lighting
  • - Drinking water
  • - Spittoons [Secs. 11 to 20]

Welfare Measures

Employer to provide:

  • Washing facilities
  • Facilities for storing and drying clothing.
  • Facilities for sitting
  • First-aid appliances - one first aid box not less than one for every 150 workers
  • Canteens when there are 250 or more workers.
  • Shelters, rest rooms and lunch rooms when there are 150 or more workers.
  • Creches when there are 30 or more women workers.
  • Welfare office when there are 500 or more workers. [Sec. 42 to 49]

Fine not less than Rs. 10,000 which may extend to Rs.20,000 or imprisonment not less than 3 months which may extend uplo one year for 1st offence, and upto two years for second and subsequent offences, if any employer:

Penal Provision [Secs 92 - 99]

  • Imprisonment upto 2 year or fine upto Rs. 1,00,000 or both: for contravention of the provisions of the Act or Rules .Rs.1000 per day: On continuation of contravention
  • On contravention of Chapter IV pertaining to safety or dangerous operations: Not less than Rs. 25,000 in case of death. Not less than Rs. 5,000 in case of serious injuries. Subsequent contravention of some provisions: Imprisonment upto 3 years or fine not less than Rs. 10,000 which may extend to Rs. 2,00,000.
  • Imprisonment upto 6 months or fine upto Rs.10,000 or both: for Obstructing Inspectors
  • Imprisonment upto 6 months or fine upto Rs. 10,000 or both: for Wrongful disclosing result pertaining to results of analysis
  • For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger: Imprisonment upto 7 years with fine upto Rs. 2,00,000 and on continuation fine @ Rs.5,000 per day. Imprisonment of 10 years when contravention continues for one year.