1. The FACTORIES ACT, 1948

2. OBJECTIVE OF THE ACT OBJECTIVE OF THE ACT T he Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety.

3. COMPLIANCE UNDER THE FACTORIES ACT, 1948

4. FACTORIES ACT, 1948  A Comprehensive law for the persons working at a specific domain – factories. Noble Comprehensive LabourLegislation  Regarded as one of the Benevolent, Noble and a Comprehensive Labour Legislation which is in force in our country. factories  Covers significant issues relating to the persons employed in factories. 3Secures 3Secures - Safety Health Welfare 3Regulates 3Regulates -Working Hours

5. 3Ensures 3Ensures- Annual leaves with wages 3Provides 3Provides -Additional protection from hazardous processes Additional protection to women workmen Prohibition of employment of children FACTORIES ACT, 1948 Series of amendments have been made time and again to increase the scope of the Act.

6. Road map to the legislation.

7. Road Map to the Legislation. The establishment of cotton mills in Bombay in 1851 followed by the establishment of jute mills in 1855 @ Rishra in Bengal marked the beginning Factory System in India. The number of factories grew steadily. During 1872-73, there were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal. Conditions in these factories were very gloomy and awful. First Indian Factories Act, came into force during 1881 Comprehensive Act was enacted immediately after the independence - under the nomenclature “The Factories Act, 1948”. This Act has seen many amendments after the independence.

8. APPLICABILITY OF THE ACT APPLICABILITY OF THE ACT At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that: The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.

9. Unless otherwise provided, the Act is applicable to all Factories viz., Private, State, Central, Government, Local Bodies etc., APPLICABILITY

10. BENEFICIARIES (Target Group) Workers employed in the registered factories “Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process Workers under the Act, includes 1.Permanent 2. Temporary 3. Contract 4. Casual, 5. Clerical staff 6. Managers, 7. Engineers, 8. Supervisors etc., “Apprentice” under the Apprentice Act, 1961 are not the workers. However as per Section 14 of the Act – provision of health, safety & welfare are applicable to the said category.

11. BENEFICIARIES

12. RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for implementation of the provisions envisaged in the Act. OCCUPIER means the person who has got the ultimate control over the affairs of the factory. Proprietorship -Proprietor Partnership -One of the partner Company-One of the director State or Central - Persons so nominated by the Government owned respective governments.

13. OCCUPIERS RESPONSIBILITY Shall Ensure, So Far As Is Reasonably Practicable, The Health, Safety And Welfare Of All Workers While They Are At Work. The provision and maintainence of plant & systems of work The arrangements in factory for ensuring safety in connection to use, handling, storage and transport of substances The provision of such information, instruction, training and supervision as are necessary to ensure the health and safety. The maintenance of all places of work in a condition that is safe Prepare and revise a written statement of general policy as often as may be appropriate.

14. INSPECTING STAFF - INSPECTORS Act empowers State Government to appoint persons as Inspectors THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES.

16. POWERS OF INSPECTORS He has got the power to enter to any premises (with assistants or experts) which he has got reason to believe it as a factory He can make examinations of the premises, plant and machinery. He can direct the occupier to left undisturbed any place till his enquiries are completed. He can seize any records, take copies which is required for the purpose of enforcement He can take measurements, photographs and make such recordings which are required for enforcement of Law He can call for production of any registers or documents pertaining to his duties from the occupier.

17. Main Provisions under Factories Act Health Safety Welfare Hazardous Processes Working Hours Of Adults Annual Leave With wages

18. Provisions related to HEALTH Section11 - CleanlinessCleanliness Section12 - Disposal of wastes and effluentsDisposal of wastes and effluents Section13 - Ventilation and temperatureVentilation and temperature Section14 - Dust and fumeDust and fume Section15 - Artificial humidificationArtificial humidification Section16 - OvercrowdingOvercrowding Section17 - LightingLighting Section18 - Drinking waterDrinking water Section19 - Latrines and urinalsLatrines and urinals Section20 - SpittoonsSpittoons

19. CD VD AO LD LS

20. HEALTH ISSUES HOUSE KEEPING/CLEANLINESS THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM NO.6 - RULE 141 PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29. OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU METER OF SPACE MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141 Sl.noType of coatingsPeriodicity 1Building is Painted and varnishedOnce in five years 2Inside walls is Painted with washable paint Once in three years 3434 Internal walls is Lime washed or colour washed Doors, frames, wooden or frame works Once in 14 months. Once in 5 years.

21. Clean work environment

22. LIGHTING AND VENTILATION Minimum 3 foot candles of light, Fresh circulation of air by ensuring cross ventilation Adequate openings, 15% of floor area shall be kept open for natural ventilation Mechanical system of ventilation incase of shortage of windows Overcrowding – 14.2 cu.meter of space per person

23. Sufficient toilet and urinal accommodations - One for every twenty five workmen. Toilet accommodations shall be maintained in clean and hygienic conditions. Separate facilities for the women workmen. Sufficient water facilities shall be available. Pictorial display shall be made. Proper doors and fastening shall be ensured. Sweepers shall be employed to keep the facility neat and tidy. TOILET FACILITIES

25. Drinking water Adequate drinking water in clean and hygienic conditions shall be provided and maintained. Minimum of 5 liters of water per person. Drinking water shall be kept at convenient places. If the source of supply is not from the public supply, the water shall be tested for its pot ability from the District Health Officer. If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.

27. SAFETY EQUIPMENT SAFETY, PERSONAL SAFETY MATERIAL SAFETY PROCESS SAFETY PERSONAL PROTECTIVE EQUIPMENT EXCESSIVE WEIGHTS GENERAL SAFETY MANAGEMENT INCLUDES

29. Provisions related to SAFETY Section 21 - Fencing of machineryFencing of machinery 22 - Work on or near machinery in motionWork on or near machinery in motion 23 - Employment of young persons on dangerous machines.Employment of young persons on dangerous machines. 24 - Striking gear and devices for cutting off powerStriking gear and devices for cutting off power 25 - Self-acting machinesSelf-acting machines 26 - Casing of new machineryCasing of new machinery 27 - Prohibition of employment of women and children near cotton-openersProhibition of employment of women and children near cotton-openers 28 - Hoists and liftsHoists and lifts 29 - Lifting machines, chains, ropes and lifting tacklesLifting machines, chains, ropes and lifting tackles 30 - Revolving machineryRevolving machinery 31 - Pressure plantPressure plant

30. SAFETY Cont… 32 - Floors, stairs and means of accessFloors, stairs and means of access 33 - Pits, sumps openings in floors, etcPits, sumps openings in floors, etc 34 - Excessive weightsExcessive weights 35 - Protection of eyes.Protection of eyes. 36 - Precautions against dangerous fumes, gasesPrecautions against dangerous fumes, gases 36A - Precautions regarding the use of portable electric light.Precautions regarding the use of portable electric light. 37 - Explosive or inflammable dust, gas, etcExplosive or inflammable dust, gas, etc 38 - Precautions in case of firePrecautions in case of fire 39 - Power to require specifications of defective parts or tests of stabilityPower to require specifications of defective parts or tests of stability 40 - Safety of buildings and machinerySafety of buildings and machinery 40A - Maintenance of buildingsMaintenance of buildings 40B - Safety OfficersSafety Officers 41 - Power to make rules to supplement this ChapterPower to make rules to supplement this Chapter

31. Provisions related to WELFARE 42 - Washing facilitiesWashing facilities 43 - Facilities for storing and drying clothingFacilities for storing and drying clothing 44 - Facilities for sittingFacilities for sitting 45 - First-aid appliancesFirst-aid appliances 46 - CanteensCanteens 47 - Shelters, rest rooms and lunch roomsShelters, rest rooms and lunch rooms 48 - CrechesCreches 49 - Welfare officersWelfare officers 50 - Power to make rules to supplement this ChapterPower to make rules to supplement this Chapter

32. W F3 CS CW P

33. WASHING FACILITIES Adequate Washing Facilites Shall Be Provided And Maintained For The Use Of The Workers. If Female Workers Are Employed Separate Washing Facilities Shall Be Proivded. The Entrance Should Bear Conspicuous Notice “ For Women Only” Water Supply To The Washing Facilities Should Yield At Least 27 Liters Of Water For Each Person. If Adequate Water Facility Is Not Available, Exemption Can Be Obtained To Provide 4.5 Litres Of Water Per Person Employed.

36. CANTEEN It Is Statutory Welfare Scheme Applicable To Factories Employing More Than 250 Building Shall Not Be Located Near To Any Toilets, Boiler Room, Coal Room Or Near Any Process Which Generates Obnoxious Fumes Etc., - Minimum 15 Meters Sufficiently Ventilated And Lighted Lime Washed Once In A Year If It Is Painted, Repainted Once In Three Years Precints Shall Be Neat And Tidy At All Times Dining Hall Shall Accommodate 30% Of The Workmen Working.93 Square Meter Of Area Shall Be There Per Person A Portion Shall Be Earmarked For Women Workers In Proportion Of Their Strength Washing Place Shall Be Provided. Sufficient Tables, Chairs Or Benches Shall Be Provided.

38. SHELTER, RESTROOM AND LUNCH ROOM This Will Be Applicable If Ordinary Employment Is More Than 150 The Accommodations To Be Provided Should Confirm To The Standards Height 3.7 Meters From Floor Level, Area Should Be 1.12 Square Meter Per Person Adequate Lighting And Ventilation Chair Or Benches With Back Rest Arrangement Shall Be Provided Kept Neat And Tidy At All Times Washing Facilities And Drinking Water Facilities Shall Be Provided.

39. CRECHE This Will Be Applicable If Ordinary Employment Of Women Is More Than 30 The Accommodations To Be Provided Should Confirm To The Standards Height 3.7 Meters From Floor Level, Area Should Be 1.86 Square Meter Per Child Adequtae Lighting And Ventilation Kept Neat And Tidy At All Times Equipped With Cot, Cradle, Suitable Bedding For Older Children. Chair/Seating Arrangement For Feeding The Children Adequate Toys For Older Children Suitably Fenced Shady Open Air Playground For Older Children

43. FIRST AID APPLIANCES First Aid Boxes Or Cupboards Shall Be Distinctively Marked With A Red Cross On White Background And Contain The Equipment Prescribed. Equipped First Aid Boxes Shall Be Kept In Charge Of Persons Trained In The First Aid Treatment. First Aider Should Hold Certifictae In First Aid Treatment Recognised By The State Government. No. Of First Aid Boxes And Cup Boards Shall Be One For Every 150 Workers. A Notice Containing The Names Of The Persons Working In The Factory And Who Are Trained In The First Aid Treatment Shall Be Posted On Or Near The First Aid Boxes Or Cupboards.

45. Welfare Officer Statutory appointment Mandatory incase of workers strength is more than 500 Separate rules governing duties, qualification and conditions of service is in force.

46. PROVISIONS RELATING TO HAZARDOUS PROCESSES 1.Section 41 A: Constitution of site appraisal committees 2.Section 41 B: Compulsory disclosure of information by the occupier 3.Section 41 C: Specific responsibilty of the occupier in relation to hazardous processes 4.Section 41 D: Power of Central government to appoint inquiry committee. 5.Section 41 E: Emergency Standards 6.Section 41 F: Permissible limits of exposure of chemical and toxic substances 7.Section 41 G: Workers’ participation in safety management. 8.Section 41 H: Right of workers to warn about imminent danger.

47. WORKING HOURS FOR ADULTS 51 - Weekly hoursWeekly hours 52 - Weekly holidaysWeekly holidays 53 - Compensatory holidaysCompensatory holidays 54 - Daily hoursDaily hours 55 - Intervals for restIntervals for rest 56 - Spread overSpread over 57 - Night shiftsNight shifts 58 - Prohibition of overlapping shiftsProhibition of overlapping shifts 59 - Extra wages for overtimeExtra wages for overtime 60 - Restriction on double employmentRestriction on double employment 61 - Notice of periods of work for adultsNotice of periods of work for adults 62 - Register of adult workersRegister of adult workers 63 - Hours of work to correspond with notice under section 61 and register under section 62.Hours of work to correspond with notice under section 61 and register under section 62.

48. WORKING HOURS FOR ADULTS Act regulates the working hours for adult workers employed in the factories Weekly hours / Daily hours; Weekly holidays Interval for rest Extra wages for overtime Spread over – 10½ hours – 12 hours Restriction of double employment Notice of periods of work – contrary is not allowed Power to make exempting orders Restriction on employment of women

49. ANNUAL LEAVE WITH WAGES One day for every twenty days Eligibility : 240 days in a calendar year – his/her service is from beginning of the calendar year; 2/3 rd of the calendar year – his/her service begins in the middle of calendar year Issue of leave books in Form no. 15 Leave with wages register in Form no. 14 Any discharge / dismissal – benefit shall be settled immediately.

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