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Presentation on theme: "g) Take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination as."— Presentation transcript:

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13 g) Take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination as an equipment. h) In case of any article or substance found in any premises which appears to him as likely to cause danger to health or safety of workers , direct it to be dismantled or subject to any process for test. i)Exercise such powers as may be prescribed. No person shall be compelled by an inspector to answer any question or give any evidence tending to indiscriminate himself.

14 Penalty for obstructing inspectors(Sec. 95)
Whoever willfully obstructs an inspector: in the exercise of any power conferred on him by or under the Act fails to produce on demand by an inspector any registers or other documents in his custody conceals or prevents any worker in a factory from appearing before, or being examined by an inspector shall be punishable with imprisonment for the term which may extend to 6 months fine which may extend to or with both.

15 Restriction on Disclosure of Information(Sec. 118)
It is a statutory duty of an inspector to not to disclose any information relating to a factory which he obtains in the course of his duties whether he is in service or out of it. Certifying Surgeons Section 10 lays down that the State Government is empowered to appoint qualified medical practitioners to be certifying surgeons for the purpose of this Act. A Certifying Surgeon is authorized to nominate any of his powers under the act for specific period .The State Government may by order in writing and subject to

16 such conditions as may be specified in the order exempt any person or class of persons from the provisions of Section 10(3) in respect of any factory or class or description of factories. Duties: The Certifying surgeons shall carry out such duties as may be prescribed in connection with: the examination and certification of young persons under this Act the examination of persons engaged in factories in dangerous occupation or processes as may be prescribed the exercising medical supervisions for any factory in respect of : i) illness due to manufacturing process

17 ii) injury likely to be caused to health of workers due to adoption of any manufacturing process
The efficient working process requires the sound health of persons engaged therein .Unless the workers are physically and mentally healthy they cannot perform their duties effectively. Section 11 to 20 contained in Chapter 3 of Factories Act, 1948 deal with the health of workers in a factory. The basic purpose of these provisions is to ensure that working conditions in the factories under which work is carried out, do not effect the health of workers adversely.

18 1. Cleanliness (Section 11)
Every factory must be kept clean and free from effluvia arising from any drain , privy or other nuisance. In particular, the following measures must be adopted: accumulation of dirt and refuse shall be removed daily the floor of every room be cleaned every week where the floor is liable to become wet means of draining shall be provided all the walls, ceilings shall be repainted or revarnished in every 5 years where paints are washable should be painted at least in every 6 month

19 Such an arrangement must be approved by authority under this rules.
If in the view of nature of operations carried on in factory it is not possible the State Government shall by order exempt such factories and specify alternatives. 2. Disposal of Wastes and Effluents (Section 12) Effective arrangements must be made in every factory for the treatment of wastes and effluents due to manufacturing process carried on therein. Such an arrangement must be approved by authority under this rules. 3. Ventilation and temperature (Section 13) Effective and suitable provision shall be made in every factory for securing and maintaining in every room:

20 4. Dust and Fume (Section 14)
adequate ventilation by the circulation of fresh air such a temperature as will secure the workers therein reasonable condition of comfort and prevent injury to health If it appears to the Chief Inspector that excessively high temperature in any factory can be reduced by the adoption of suitable measures, he may serve on the occupier an order in writing specifying the measures to be carried before a specified date. 4. Dust and Fume (Section 14) In any Factory where dust or fume is given off in any manufacturing process which is likely to be injurious or offensive to the workers effective measures must be taken to prevent the inhalation of dust or fume.

21 5. Artificial Humidification (Section 15)
The failure to construct a dust proof husk chamber is a continuous offense so that the prosecution launched within 3 months of a second visit by the inspector in respect of such failure is not barred by reason of the fact that it was noticed fir the first time. 5. Artificial Humidification (Section 15) The State Government is empowered to make rules or all factories in which the humidity of air is artificially increased. The rules should relate to: prescribing standards of humidification regulating the methods for artificially increasing the humidity of the air

22 6. Overcrowding (Section 16)
c. directing prescribed tests for determining humidity d. methods to be adopted for securing adequate ventilation and cooling of the air in the room An inspector may order in writing specify measures to be taken to effectively purify water used for artificial humidification. 6. Overcrowding (Section 16) No room in the factory shall be overcrowded to an extent injurious to the health of workers . In order to prevent overcrowding: i) there shall be at least 9.9 cubic meters for every worker for the factories in the existence before commencement of the Act

23 ii)there shall be at least 14
ii)there shall be at least 14.2 cubic meters for every worker for the factories which are built after the commencement of the Act The Chief Inspector may paste a notice in the work room indicating the maximum number of workers who may be employed in the room. the Chief may by order exempt a work room if it is unnecessary in the interest of health of worker. 7. Lighting (Section 17) Every room shall be provided with sufficient and suitable lighting , natural or artificial both. The State Government may prescribe standards of sufficient and suitable lighting.

24 To maintain at suitable points wholesome drinking water
In every Factory, effective arrangements shall be made to the provide drinking water to the workers. The following rules are to be observed in this regard: To maintain at suitable points wholesome drinking water All such points should be clearly marked “Drinking Water” Arrangements should be made for providing cool water where employees are more than 250 8. Latrines and urinals (Section 19) In Every Factory: sufficient latrine accommodation shall be provided

25 ii separate enclosed accommodation for men and women
iii adequately lightened iv adequate number of sweepers shall be employed Where more than 250 workers are employed all accommodation shall be of prescribed sanitary types the State Government shall provide number of latrines to be provided keeping in mind number of male and female workers 10. Spittoons (Section 20) There shall be provided number of spittoons at convenient places and they shall be maintained in a clean and hygienic condition. A provision shall be made and if anyone violates it shall be fined.

26 Fencing of Machinery(Section 21)
SAFETY Safety is a basic and primary requirement in a factory. Unless the life of workers is secure and proper working cannot be ensured in any factory. Section 21 to 41 of the Act contains the provisions relating to the safety of workers . The basic purpose of this is to provide security to the workers. They are summarized as under: Fencing of Machinery(Section 21) Compulsory fencing of machinery is provided in this section. In every factory, dangerous parts of any machinery shall be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position while the machinery is in motion.

27 2. Work on or near machinery in motion
With a view to secure the safety of the workers, Section 22 requires that examination , lubrication, etc of the machinery while it is in motion should be carried out only by a specially trained adult male worker wearing tight fitting clothes. Such worker shall not handle belt at a moving pulley unless the belt is not more than 15cms in width pulley is mainly for the purpose of drive the belt joint is either laced or flush with body the belt is in good condition there is reasonable clearence

28 3. Employment of young persons on Dangerous machines (Section 23)
The State Government may prohibit by notification in the Official Gazette in any specified factory or class or description of the factories the cleaning , lubricating or adjusting by any person of specific part of machinery when those parts are in motion. 3. Employment of young persons on Dangerous machines (Section 23) No young person shall be required or allowed to work at any dangerous machine unless: he has been fully instructed as to the dangers arising in connection with machine & precaution he has received sufficient training in work at the machines or is under adequate supervision of trained person

29 4. Striking gear and devices for cutting off power
The Government may prescribe what machines are dangerous under this section. 4. Striking gear and devices for cutting off power In every factory suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form the part of transmission machinery. Driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. Suitable devise for cutting off power in emergencies from running machinery shall be provided and maintained in every work-room.

30 5. Self acting machines [ Section 25 ]
No traversing part of a self-acting machines in any factory and no material carried thereon shall be allowed to run its outward or inward traverse within a distance of forty-five centimeters from any fixed structure which is not part of the machine. This restriction would apply if the space over which it runs is a space over which any person is liable to pass, whether in the course of employment or otherwise. 6. Casing of new machinery [ Section 26 ] All machinery driven by power and installed in any factory after 1st April 1949 must be encased

31 Or otherwise effectively guarded as to prevent
danger. It is a punishable offence to sell or let out on hire any machine which does not comply with the above provision. The offender may be punished with imprisonment up to three months or fine up to Rs. 500 or both. 7. Prohibition of employment of women and children near cotton-openers [ section 27 ] No women or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work. But if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition

32 8. Hoists and lifts [ Section 28 ]
extending to the roof or to such height as the inspector may specify in writing, women and children may be employed on the side of the partition where the feed-end is situated. 8. Hoists and lifts [ Section 28 ] In every factory every hoist and lift shall be of good mechanical construction, sound material and adequate strength. They should be properly maintained and thoroughly examined by a competent person at least once in every such examined shall also be kept. 9. Lifting machine, chains, ropes and lifting tackles [ Section 29 ]

33 In any factory, the following provisions shall be followed with respect to lifting machines and every chain, rope and lifting tackles for the purpose of raising or lowering persons, goods or material. There shall be- (a) of goods construction, sound material and adequate strength and free from defects; (b) properly maintained. The State Government may be rules prescribe further requirements or exempt from compliance any of the requirements if it considers it unnecessary or impracticable.

34 10. Revolving machinery [ Section 30 ]
In every factory in which the process of grinding is carried on, there shall be permanently affixed or placed near each machine a notice indicating the maximum safe working speed. 11. Pressure Plant [ Section 31 ] If in any factory any plant or machinery or any part there of is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded.

35 12. Floors, stairs and means of access [Section32 ]
In every factory- All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall be free from obstructions and substances likely to cause persons to slip. where it is necessary to ensure safety they shall be provided with substantial handrails. 13. Pits, sumps, openings in floor etc [ Section 33] In every factory, every fixed vessel, sump, tank, pit or opening in the ground or in a floor, which may be a source of danger, shall be either securely covered or securely fenced. The covering or fencing of a pit securely means

36 14. Excessive weights [ Section 34 ]
covering or fencing it in such a way that it ceases to be a source of danger to those who have occasion to go near it. 14. Excessive weights [ Section 34 ] No person shall be employed in any factory to lift, carry or move any load so heavy as is likely to cause him injury. State Government may make rules prescribing the maximum weights which may be lifted. 15. Protection of eyes [ Section 35 ] In respect of any manufacturing process carried on in factory involving risk of injury to the eyes from particles or fragments thrown off in the course of process or by reason of exposure to excessive light

37 the State Government is given the power to make rules requiring that such factories must provide effective screens goggles to protect the employed persons. 16. Precautions against dangerous fumes, gases, etc. [ Section 36 ] (1) No person shall be required or allowed to enter any chamber, tank, or other confirmed in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of ingress.

38 17. Precautions regarding the use of portable electric lights [ Section 36 A ]
In any factory- No portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any chamber. 18. Explosive or inflammable dust, gas, etc [ Section ] It provides for effective enclosures of the plant or machinery used in the process, removal or prevention of the accumulation of effective enclosures of all possible sources of ignition.

39 19. Precautions of case of fire [ Section 38 ]
Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire. The State Government may make rules in respect of any factory or class or description of factories 20 . Power to require specifications of defective parts or test of stability [Section 39] To furnish drawings, specifications and other particulars as may be necessary to determine whether such building ways, machinery or plant can be used with safety

40 22. Maintenance of buildings [ Section 40 A ]
(b) to carry out the tests in the specified manner and inform the inspector of the result thereof. 21. Safety of buildings and machinery [ section 40 ] Section 40 empowers the inspector to serve on the manager or occupier or both of a carry an order in writing specifying the measures which should be adopted before a specified date for safety of building and machinery. 22. Maintenance of buildings [ Section 40 A ] Where it appears to the inspector that any building or part of a building in a factory is in such a state of

41 disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in earning specifying the measures. 23. Safety officers [ Section 40 B ] It requires the appointment of safety officers in every factory: Wherein, one thousand or more workers are ordinarily employed or wherein, in the opinion of the State Government any manufacturing process or operations is carried on which involves any risk of bodily injury to the persons employed in the factory.

42 Provisions Relating To Hazardous Process
The Factories Act,1987 has inserted a new chapter namely IV A making provisions relating to hazardous process . The term ‘hazardous process’ has been defined as “any process or activity in relation to an industry specified in the first schedule where , unless special care is taken , raw material used therein or the intermediate or finished products . (i)Cause material impairment to the health of the persons engaged in or connected therewith , or (ii)Result in the pollution of the general environment.”

43 Constitution Of Site Appraisal Committees[Section 41A]
It shall consist of- (a)The chief inspector of the state who shall be its chairman; (b)A representative of the Central Board For Prevention and Control of Water Pollution appointed by Central Government under Section3 of the Water Act,1974. (c)A Representative of the Central Board of the Prevention of Control of Air Pollution referred to in Section3 of the Air Act,1981. (d)A Representative of the State Board appointed under Section4 of the Water Act,1974.

44 (e)A Representative of the State Board of the Prevention and Control of Air Pollution referred to in Section5 of the Air Act,1981. (f)A Representative of the department of Environment in the State. (g)A Representative of the Meteorological Department of the Government of India. (h)An expert in the field of Occupational Health.

45 Compulsory Disclosure of Information By the occupier[Section 41B]
(i)Disclosure in the prescribed manner of all information regarding dangers and health hazards arising from exposure to handling , storage, transportation and other processes . (ii)At the time of registration of the factory such occupier has to lay down a detailed policy regarding the health and safety of the workers . (iii)Every such occupier shall with the approval of the chief inspector ,draw up an on site emergency plan and detailed disaster control measures and make the measures known to the workers and the general public .

46 (iv)Every occupier of a factory shall-
(a)If such factory is engaged in a hazardous process on the commencement of the Factories Act ,1987 within the period of 30 days of such commencement; (b)If such factory proposes to engage in a hazardous process at any time after such commencement within the period of 30 days before the commencement of such process. (v)Every such occupier has to lay down measures for the handling users transportation and storage of hazardous substances and publicise them amongst the workers and the general public un the vicinity.

47 Specific responsibility of the occupier in relation to hazardous processes[Section 41C]
(1)Maintain accurate and up-to-date health records or as the case may be (2)Appoint persons who possess qualification and experience in handling hazardous substances and are competent to supervise such handling within the factory. (3)Provide for medical examination of every worker- (a)Before such worker is assigned to a job involving the handling. (b)While continuing in such job and after he has ceased to work in such job.

48 Power of Central Government to appoint Inquiry Committee[Section 41D]
The Central Government may ,in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process ,appoint an inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to find out the causes of any failure or neglect in the adoption of any measures or standards prescribed for health and safety. The Committee appointed shall Chairman and two other members and the terms of reference of Committee and the tenure of office of its members.

49 Emergency Standards[Section 41E]
Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes ,or where the standards so prescribed are inadequate ,it may direct the Director General of Factory Advice Service and Labour Institute or any institution specialised in matters relating to standards of safety in hazardous processes ,to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes.

50 Permissible limits of exposure of chemical and toxic substances[Section 41F]
The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes in any factory shall be of the value indicated in the second schedule. The Central Government may ,for the purpose of giving effect to any scientific proof obtained from specialised instructions or experts in the field ,by notification in the official gazette ,make suitable changes in the said schedule.

51 Workers participation in safety management[Section 41G]
The occupier shall ,in every factory where a hazardous process takes place or where hazardous substances or used or handled set up a safety committee .It shall consist of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf. The State Government may by order in writing and for reasons to be recorded ,exempt the occupier of any factory or class from setting up such Committee.

52 Right of workers to warn imminent danger[Section 41H]
Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident ,they may bring the same to the notice of the occupier ,agent ,manager or any other person who is incharge of the factory or the process concerned directly or through their representatives in the safety committee and simultaneously bring the same to the notice of the inspector.

53 Power to prohibit employment on account of serious hazard[Section 87-A]
If the inspector is of the opinion that conditions in a factory are such that they may cause a serious hazard by way of injury/death to persons employed in the factory or the public in the vicinity ,the inspector may direct the occupier not to employ any person in the factory except the minimum necessary to attend to the minimum tasks. Any order issued by the inspector shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order.

54 Welfare The need for adoption of welfare measures as a means to increase the workers productive efficiency ,to keep up their morale ,and for the maintenance of industrial peace has been realised by all sections of the society .The main objective of these provisions is to provide basic welfare amenities to the workers ,while working in the factories .Provisions relating to welfare of the factory workers have been made in sections in Chapter V of the Factories Act ,1948 ,which are as under-

55 1 Washing facilities[Section 42]
In every factory- (a)Adequate and suitable facilities for washing shall be provided and maintained for the use of workers; (b)Separate and adequately screened facilities shall be provided for the use of male and female workers; (c)Such facilities shall be easily accessible and shall be kept clean. The State Government may make rules prescribing adequate standards of facilities for washing.

56 2 Facilities for storing and drying clothing[Section 43]
In every factory facilities must be provided for the storage of clothing not worn during working hours and for the drying of wet clothing. What is a suitable place is a disputable question and it depends on the circumstances of each case. In an English case it was held that the rise of theft was an element which must be taken into consideration in deciding whether the accommodation was suitable.

57 3 Facilities for sitting[Section 44]
In every factory where workers are obliged to work in a standing position ,suitable arrangement for sitting should be made so that such workers may take advantage of an opportunity for rest which may occur in the course of their work .Where the chief inspector is of the opinion that workers in a particular manufacturing process or room are able to do their work efficiently in a sitting position ,he may by an order in writing require the occupier of the factory to provide seating arrangement before a specified date.

58 4 First Aid Appliances[Section 45]
The Act has made the provision for first-aid appliances obligatory .Every factory must have first-aid boxes or cupboards equipped with the prescribed contents so as to be really accessible during all working hours .The number of such boxes or cupboards to be provided and maintained must not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factory. These facilities shall be made readily available during the working hours of the factory.

59 (a)The date by which canteen shall be provided;
5 Canteen[Section 46] Section 46 casts statutory duty on occupier of a factory ,that is to say ,the person who has the ultimate control of affairs of the factory to provide a canteen conforming to the rules which may be prescribed by the State Government. This section authorises the State Government to make rules in respect of canteens providing for- (a)The date by which canteen shall be provided; (b)The standards in respect of constructions ,accommodation and other equipments of the canteen; (c)The foodstuffs to be served therein and the charges which may be made thereof;

60 (d)The constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; (e)the items of expenditure in the running of canteen which are not to be taken into account in fixing the costs of the foodstuffs and which shall be borne by the employer; (f)the delegation to the chief inspector ,of the power to make rules under clause(c).

61 6 Shelters ,rest rooms and lunch rooms[Section 47]
In every factory where more than 150 workers are employed ,adequate and suitable shelters or rest rooms and a suitable lunch rooms shall be provided and maintained for the use of workers . Section 46 provides that where a lunch room exists ,no worker shall eat any food in the work room . The State Government may- (a)Prescribe the standards in respect of constructions ,accommodation ,and other equipment of shelters ,rest rooms and lunch rooms to be provided.

62 (b)By notification in the official gazette exempt any factory class or description of factories from the requirements of this section.

63 7 Creches[Section 41] In every factory wherein more than 30 women workers are ordinarily employed there shall be provided and maintained a suitable rooms or rooms for the use of children under the age of six years of such women . These rooms are called creches .Such rooms must have adequate accommodation and shall be adequately lighted and ventilated .They shall be maintained in a clean and sanitary condition .Such rooms shall be under the charge of women trained in the care of children and infants.

64 The State Government may make rules-
(i)Prescribing the locations and standards of of such rooms; (ii)Requiring the provisions for additional facilities for the care of children; (iii)Requiring the provision in the factory of free milk or refreshment or both for such children; (iv)Requiring that facilities shall be given in any factory for the mothers of such children to feed them at necessary intervals.

65 8 Welfare Officers[Section 49]
The main duty to look after the welfare of the workers lies on the welfare officer of a factory. As such in every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed .The state Government may prescribe the duties ,qualifications and conditions of service of such officers.

66 WORKING HOURS FOR ADULTS
The following are the rules as to the regulation of hours of work of adults in the factories Weekly hours of work (Section 51) Section 51 of the act lays down that no adult worker shall be required or allowed to work in a factory for more than 48 hours in any week. Daily hours of work (Section 54) Section 54 further restricts the daily hours of work to nine. But the daily maximum working hours specified in the section can be exceeded with a view to facilitating the change of shifts by the previous approval of the Chief Inspector.

67 Interval during daily hours of work (Section 55) According to section 55 the period of work shall be so fixed that no adult worker is required to work for a period exceeding five hours without an interval for rest of at least half an hour. Spread over period (Section 56) Section 56 provides for spread over of work. The periods of work including such intervals for rest shall be so arranged that they shall not spread over more than ten and a half hour in a day. Weekly holidays (Section 52) An adult worker shall have a holiday on the first day of the week, i.e., Sunday. Weekly holidays are necessary for the workers to recover energy for the work they are doing in the factories.

68 Compensatory holidays(Section 53) Compensatory holiday is a holiday which is allowed to a worker in lieu of some due holiday on which the worker worked . The State Government has been empowered to prescribed the manner in which such compensatory holidays may be allowed. Night Shifts (Section 57) Where a worker in a factory works on a shift which extends beyond midnight, a holiday for him will mean a period of 24 hours beginning when his shift ends and the following day is deemed to be the period of twenty four hours beginning when such shift ends and the hours he has worked after mid-night should be counted in the previous day.

69 Restriction on double employment(section 60)
No adult worker shall be required or allowed to work in any factory on any day on which he has already worked in any other factory ,except in the circumstances as may be laid down. Notice of periods of adults (section 61) There shall be displayed and correctly maintained in every factory a notice of period of works for adults showing clearly for every day the periods during which adult workers would be required to work .the notice shal be in English language and in a language understood by a majority of the workers.

70 Prohibition of overlapping shifts(Section 58) Section 58 provides that work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same time . The Government or the chief inspector may grant any factory exemption from this rule by a written order Extra wages for overtime(Section 69) when a worker works in a factory for more than nine hours in a day or for more than forty hours in aweek .he is entitled to extra wages in respect of overtime work .the extra wages shall be paid at the rate of twice his ordinary rate of wages.over time wages are payable only when the work is done on the factory premises .

71 Register of adult workers
The manager of every factory shall maintain of register of adult workers showing – The name of each adult member in the factory The nature of his work The group,if any,in which he is included; Where his group works on shifts ,the relay to which he is alloted Such other particulars may be prescribed

72 No adult worker shall be required or allowed to work in any factory unless his name or any other particulars have been enter in the register of adult workers . This register should be produced immediately on demand by the inspector during working hours .at all times means that it should be produced on demand if manager is absent he should make proper arrangements to comply with the orders of the inspectors

73 EMPLOYMENT OF WOMEN The Factories Act makes numerous provisions for the protection of women workers. The provisions of the Factories Act are applicable both of male & female adult workers but few special provision relating to adult female workers have been incorp-orated in the Act. These provisions are as under: Work on near machinery in motion(Section22) No woman shall be allowed to clean, lubricate or adjust any part of machinery while it is in motion if it is likely to expose her to the risk of injury from any moving part.

74 Prohibition of employment of women near cotton-openers (Section27) No woman shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work. The Prohibition may be relaxed in certain cases. Creches (Section 48) In every factory wherein more than 30 women workers are ordinarily employed, there shall be provided and maintained a suitable room for the use of children under the age of six years of such women. Facilities shall be given for the the mothers of such children to feed them at the necessary intervals.

75 Restriction on employment of women(Section66) No Women worker shall be exempted from the provisions of section 54. In other no women worker shall be required or allowed to work in any factory for more than 48 hours in any week or nine hours on any day. Dangerous operation (Section 87) Where State Government declares any manufacturing process or operation in any factory as dangerous or injurous to the health of women it may make rules prohibiting or restricting the employment of womenin that operation.

76 Employment of young persons
Article 24 of the constitution of India lays down that no child below the age of 14 years shall be employed to work in factory or mine or engaged in any other hazardous employment. Factories act ;provides for various restrictions on the employment of young persons in the factories. These are based on the principles that the sate owes a duty to the future generations of workers to see that the childhood is not wasted in the dark corners of the factories and workshops instead of being educated in schools. A young person means a person who is either a child or a adolescent. A child means a person who has not completed a age of 15 years. An adolescent means a person who has completed his 15th year of age but had not completed hid 18th year.

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90 Computation of no. Of days
While counting 240 days , the following days are included in the days worked ; Days of lay off maternity leave up to 12 weeks granted to female workers . Leave earned in the previous year. But he shall not earn leave for these days while calculating the no. Of leave days for that year. Where a worker has started his service on a day other than 1st day of January , he shall be entitled to leave with wages only if he has worked for TWO-THIRD no. Of days in the remaining days of that year . Where a worker was wrongfully suspended, his days of suspension shall be accounted towards computing 240 days

91 Discharge, dismissal , termination or leaving of employment
Where a worker is discharged or dismissed from services or leaves his employment or retires or dies in service, he or his hire shall be entitled to wages in lieu of annual leave to which he was entitled , even if he had not worked for 240 days required to make him elligible . The payment shall be made ; Before the expiry of the SECOND WORKING DAY ; Where the worker is discharged or dismissed or quits employment Before the expiry of TWO MONTHS ; Where the worker is died or retired in service

92 Carry forward of leaves
Where a worker does not avail his whole of the annual leave earned by him can carry forward his un-availed leave to the following year which shall be added in the leave of the following year subject to the following limits ; 30 days in case of the Adult workers and 40 days in case of the child workers But a worker can carry forward his leave without any limit , if he is not allowed to avail his leave due to operation of any scheme .

93 Procedure to avail annual leave
When a worker want to avail his annual leave , he should give an application in writing to the manager , not less than 15 days before the date of commencement of leave. In the case of public utility services , he shoud apply 30 days before the commencement of leave. A worker cannot avail his leave more than 3 times in a year But where a worker becomes ill and want to avail his annual leave with wages during his illness, leave shall be granted even if the application is not made within such period.

94 Scheme for annual leave
Due to continuity of work, the manager of a factory may, agreement with the representatives of the workers, formulate a scheme for regulating the grant of annual leave to his workers in a planned manner to ensure continuing work on one hand and welfare of the worker on the other hand. Where a scheme is in operation, the leave application of the worker according to the agreed schme shall not be refused. The scheme shall remain in operation for a period of 12 months from the date of the day it comes into operations.

95 Payment in the lieu of leave
If the employment of the worker, who is entitled to leave, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not being granted such leave, the worker quits his employment before he has taken the leave, the occupier of the story shall pay him the amount payable in respect of leave not taken.

96 Unavailed leave and notice of discharge and dismissal
In computing the period of any notice required to be given before discharge or dismissal the unavailed leave of the worker shal not be taken into consideration.

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100 Dangerous operation Where the state government is of the opinion that any manufacturing process or operation carried on in a factory exposes any person employed in it to a serious risk of bodily injury poisoning or disease it may make rules applicable to any factory or class or description of factories in which the manufacturing process or operation is carried on . Specifying the manufacturing process or operation and declaring it to be dangerous Prohibiting or restricting the employment of women adolescents or children in the manufacturing process or operation . Providing for the periodical medical examination of 0person employed or seeking tom be employed in the manufacturing process or operation and prohibiting the employment of persons not certified as fit for such employment and requiring the payment by the occupier of the factory of fees for such medical examination .

101 Power to prohibit employment on account of serious hazard [ section 87 a]
Where the inspector is of the opinion that the conditions prevalent in the factory may cause serious hazard to persons employed or to the general public he may Order in writing to the occupier stating the particulars of such conditions . Prohibit occupier from employing any person in factory till the hazard is removed Any order issued by the inspector shall have effect for a period of 3 days until extended by the chief inspector by a subsequent order. Any person aggrieved by an order of the inspector and the chief inspector shall have the right to appeal to high court .

102 Notice of certain accidents [ section 88]
Where in any factory an accident occurs which causes death or which cause any bodily injury by the reason of which the person injured is prevented from working for a period of forty eight hours or more the manager of the factory shall send notice to such authorities Where a notice given relates to an accident causing death the authority to whom the notice is sent shall make an injury into the occurrence within one month of the receipt of the notice The state government may make rules for regulating the procedure at inquires under this section

103 Notice of certain dangerous occurrence
Where in a factory any dangerous occurrence whether causing any bodily injury or disability or not the manager of the factory shall send notice thereof to such authorities and in such form and within such time as may be prescribed

104 Notice of certain disease
Where any worker in a factory contracts any disease specified in the third schedule the manager of the factory shall send notice to such authorities If according to any medical practitioner a person who is or has been employed in a factory is suffering from any disease specified in the third schedule the medical practitioner shall without delays send a report in writing to the office of the chief inspector stating The name and full postal address of the patient is or was last employed

105 Power of direct inquiry into cases of accident or disease
The state government may appoint a competent person to inquire the causes of any accident occurring in a factory or into any case where a disease specified in the third schedule has been suspected it may also appoint one or more person possessing legal or special knowledge to act as assessors in such inquiry

106 Power to take samples An inspector may at any time during the normal working hours of a factory after informing the occupier or manager of the factory after informing the occupier or manager of the factory take a sufficient sample of any substance used or intended to be used in the factory . Any contravention of any of the provision of this act are made The substance is likely to cause bodily injury to the health of workers in the factory .

107 Safety and occupational health surveys
The chief inspector or the director general of the factory advice service and labour institutes or the director general of health services to the government of India or any such other officer authorised by the state government may at any time during the normal working hours of a factory after giving notice in writing to the occupier or manager of the factory undertake safety and occupational health surveys. Such occupier or manager or other person shall afford all facilities for such surveys .

108 Penalties and procedure section 92 to 106 a
Penalties under the act General penalty for offences This section makes a general provision for penalties for offences under the act this section does not specify for which offences this penalty is being imposed but lays down a uniform penalty for all or any of the offences committed . The offences consist of Contravention of the provision of the act Contravention of the rules framed under the act Contravention of the any order made

109 Liability of owner of premises in certain circumstances
Where in any premises separate buildings are leased to different occupiers for use as separate factories the owner of the premises shall be responsible for the provision and maintenance of the common facilities and services such as approach roads , drainage, water supply and sanitation . The chief inspector shall have the power to issue orders to the owner of the premises. Where in any premises independent or self contained floors or flats with common latrines , urinals and washing facilities are leased to different occupiers for use as separate factories the owner of the premises shall be liable for any contravention of the provision of this act in respect of many aspects.

110 Enhanced penalty after previous conviction
If any person who has been convicted of any offence punishable is again guilty of an offence involving contavections of the same provision he shall be punishable on subsequent conviction with Imprisonment for 3 years Fine of which may extend to 2 lakjs With both

111 Penalty for obsructing inspector
Whoever Obstructs an inspector in exercise of his power Fails to produce any registers or other documents demanded by an inspector Conceals or prevents any workers from being examined by the inspector

112 Penalty for wrongfully disclosing results of analysis
Whoever a publishes or discloses to any person the result of an analysis made under section 91 shall be punishable with Imprisonment for 6 months Fine of rupees 1000 With both

113 Penalty for contravention of the provision of section 41 b 41 c and 41 h
Any person who contravenes the provision of section 41b 41c or 41h shall be punishable With imprisonment for 7 years With fine of rupees 2 lakhs Penalty for continued contravention Additional fine of rupees 5000 of every day of contravention Penalty for contravention beyond one year Imprisonment for 10 years

114 Offences by workers Subject to the provision of section 111 if any worker employed in a factory contravenes any provision of this act or any rules or orders made he shall be punishable with fine which may extend to rupees 500 Where a worker is convicted of an offences punishable under section 97 the occupier or manager of the factory shall not be deemed to be guilty of an offence .

115 Penalty for using false certificate of fitness
Any person who Knowingly uses a false certificate of fitness Who allows his certificate of fitness to be used by an other person Shall be punishable With imprisonment for 2 months With fine of rupees 1000 With both

116 Penalty for permitting double employment of child
If a child works in a factory on day on which he has already been working in another factory the parent or guardian of the child or the person having custody over him shall be punishable with fine which may extend to rs 1000.

117 Procedures under the act
Complaint mandatory for cognizance of offences Time period for filling complaint Appeals Display of notices Service of notices Returns Obligation of workers Right of workers etc General power to make rules Powers of centre to give direction No charge for facilities and conveniences Restriction on disclosure of information

118 Thank you Made by Priyanka Deepika Bindu Abha Asha Kavita Nivedita
Nishu


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