The Factory's Act, 1948

8/2/2019 The Factory's Act, 1948

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The Factorys Act 1948 By :Ms. Sneha SainiAssistant ProfessorRDIAS


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OBJECTIVES

To improve the status of workersTo reduce working hours

To improve working conditionsTo reduce exploitation of workersTo protect workers from industrial & occupational hazardous diseases


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Application

To establishments in which10 or more persons areworking power is used and20 or more persons where

no power is usedExtends to whole of India


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Definition of a Factory:-

Factory is defined in Section 2(m) of the Act. It meansany premises including the precincts thereof-

i. Whereon ten or more workers are working, or wereworking on any day of the preceding twelve months,and in any part of which a manufacturing process isbeing carried on with the aid of power, or is ordinarilyso carried on; or


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Whereon twenty or more workers areworking, or were working on any day of the preceding twelve months, and in any

part of which a manufacturing process isbeing carried on without the aid of power,or is ordinarily so carried on;But does not include a mine subject to theoperation of the Mines Act,1952 or amobile unit belonging to the Armed forcesof the Union, a railway running shed or ahotel, restaurant or eating place.


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InterpretationSECTION 2

a ) adult means a person who hascompleted his eighteenth year of age

b) adolescent means a person who hascompleted his fifteenth year of age but hasnot completed his eighteenth yearbb) calendar year means the period of

twelve months beginning with the first dayof January in any year


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c) child means a person who has notcompleted his fifteenth year of aged) young person means a person who is

either a child or an adolescentf) week means a period of seven days

beginning at midnight on Saturday night or

such other night as may be approved inwriting for a particular area by the Chief Inspector of Factories


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g) power means electrical energy , orany other form of energy which ismechanically transmitted and is notgenerated by human or animal agency


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k) Manufacturing process i) making, altering , repairing , ornamenting

, finishing , packing, oiling, washing ,cleaning ,breaking up , demolishing or

otherwise treating or adapting any article orsubstance with a view to its use , sale ,transport, delivery or disposal , orii) pumping oil, water ,sewage or any other

substance , oriii) generating , transforming ortransmitting power, or


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iv) composing types for printing , printingby letter press , lithography , photographyor other similar process or book binding,

orv) constructing , reconstructing ,

repairing , refitting , finishing or breakingup ships or vessels, orvi) preserving or storing any article in

cold storage


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V. P . Gopala Rao v . Public

Prosecutor , Andhra Pradeshcase1

Q Whether companys premises at Eluru constitutes afactory ?

Acc to Sec2 m premises including the precinctsthereof-

i. Whereon ten or more workers are working, or wereworking on any day of the preceding twelve months,and in any part of which a manufacturing process isbeing carried on with the aid of power, or is ordinarilyso carried on;


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FACTS OF THE CASEMore than 20 persons were working on thepremise regularly every day under thesupervision of management

At the premise sun-cured tobacco leaves boughtfrom the growers were subjected to the processof moistening , stripping and packingThe stalks were stripped from the leaves

The Thukku and Pagu leaves were seperated


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The leaves were tied up in bundles and stored inthe premisesTime to time packed in gunny bags & exported to

the companys factory at B where they were usedfor manufacturing cigarettesManufacturing process as defined in S.2 (k)I werecarried out

Moistening was an adaptation of tobacco leaves,stalks were striped by breaking them up , leaveswere packed


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Thus breaking up , adaptation and packingof tobacco leaves were done with a view of

their use and transportAll these processes are manufacturing

processes within S.2 (k) i


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The process of transformingelectrical energy from high to alow potential and the process of transmitting the energy throughsupply lines are bothmanufacturing process.


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WORKER Sec 2(L)

Person employed directly or by or through any agency(including a contractor)With or without the knowledge of the principal employerWhether for remuneration or notIn any manufacturing processOr in any other kind of work incidental to,Or connected with the manufacturing processOr subject of manufacturing process but does not include

any member of the armed forces of the union


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Workmen worked at bidi factory were not atliberty to work at their homes

Worked within certain hours which werefactory hours , though they were not bound towork for the entire period & could go awaywhenever they liked

Case : Birdhichand Sharma v First CivilJudge , Nagpur


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Attendance was noted in factoryThey could come & go away whenever they likedBut if any of them came after midday he was not suppliedwith tobacco & was thus not allowed to work

Factory closed at 7 pmWorker who remained absent for eight days (presumablywithout leave ) could be removedPayment on piece ratesManagement had the right to reject such biris which are notacc to standardsQ Whether biri workers are worker acc SEC 2(l)


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YesSupervision /controlAt the end of day , when bidis areready , by the method of rejectingthose which do not come up to the

proper standard


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DIFFERENCE BETWEEN WORKMAN & INDEPENDENT CONTRACTOR

Does not work himself Gets other to work


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A person employed in a paper factoryEngaged in supervising & checking quality & weightment of waste papers & rags, which are basic

raw-materials for manufacturing paperDeal with receipts & maintain records of stocks & pass the bills of the suppliers of waste paper & ragsPrecincts of factory

Subject of manufacturing process


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Definition of a Factory:-Factory is defined in Section 2(m) of the Act. It means any

premises including the precincts thereof-

i. Whereon ten or more workers are working, or were workingon any day of the preceding twelve months, and in any partof which a manufacturing process is being carried on with theaid of power, or is ordinarily so carried on; or

ii. Whereon twenty or more workers are working, or wereworking on any day of the preceding twelve months, and inany part of which a manufacturing process is being carried onwithout the aid of power, or is ordinarily so carried on;

But does not include a mine subject to the operation of the MinesAct,1952 or a mobile unit belonging to the Armed forces ofthe Union, a railway running shed or a hotel, restaurant oreating place.


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Case : Ardeshir H. Bhiwandiwalav.State of Bombay

Premises meaning open land or land withbuildings or buildings aloneSea water in the sea never becomes salt merely

on account of play of suns rays on it Labourers are employedIn admitting sea water to reservoirs by workingsluice gates , sometimes at night also , or the

pumpFilling crystallizing bedsWatching density of brineSeeing density does not exceed certain limit etc.


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Scraping & collecting salt crystalsGrading by sieving

Putting salt into gunny bagsBy human agency not natural forceTreatment & adaptation of sea water

into salt


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Case : Works Manager , Central Rly.Workshop , Jhansi v. Vishwanath )

The Additional District Judge found that some of therespondents were time keepers who maintained attendanceof the staff, job card particulars of the various jobs underoperation and the time sheets of the staff working onvarious shops dealing with the production of Railway spareparts and repairs etc. and that other respondents were headtime keepers entrusted with the task of supervising thework of other respondents. He, therefore, came to the

conclusion that the work done by the respondents was"incidental to" or


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"connected with" the manufacturingprocess. The High Court in revisionaffirmed this order. On the questionwhether the respondents fell within thepurview of the definition of "worker" in s. 2(1) of the Factories Act.

http://vlex.in/vid/railway-workshop-jhansi-vishwanath-29691872


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OCCUPIER

IN CASE OF FIRM OR OTHERASSOCIATION OF INDIVIDUALS ANYONEOF THE INDIVIDUAL PARTNER OR MEMBERIN CASE OF CO. DIRECTORINCASE OF FACTORY OWNED ORCONTROLLED BY CENTRAL GOVT OR ANY

STATE GOVT. OR ANY LOCAL AUTHORITYTHE PERSON APPOINTED BY CENTRALGOVT


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INDIAN OIL CORPORATIONLTD.

http://indiankanoon.org/doc/1420594/

J.K. INDUSTRIES LTD. CASE


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SECTION 8 INSPECTORS

Notification in official gazettePrescribed qualificationChief Inspector

As many additional Chief Inspectors, Joint Chief Inspectors& Deputy Chief Inspector & other officersNo such person should continue to hold the office in afactoryDistrict Magistrate

Public servant


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SECTION 9 POWERS OF

INSPECTORSEnter any place which he has areason to believe is used as a

factoryMake examination of premises,

plant , machinery etc.Inquire into any accident or

dangerous occurrence, whetherresulting in bodily injury ,

i ili r n k


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Require production of anyprescribed register or any otherdocument relating to factorySeize or take copies of any

register , record or otherdocumentDirect occupier that anything

lying shall be left undistributedTake measurements ,

photographsDirect to dismantle test


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HEALTH

CDVDAOLD

LS


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SEC 11 CLEANLINESS

Accumulation of dirt & refuse removed daily bysweepingFloor of workmen cleaned atleast once a week bywashingWhere floor liable to become wet drainageAll walls & partitions, ceilings or tops of rooms ,tops of passages, staircase shall-Where painted otherwise than washable water-paint or varnished , be repainted or revarnishedonce in every period of 5 years


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Washable paint atleast one coat of such paint once in every3 years & washed once every 6 monthsPainted or varnished atleast once every 14 months

White wash colour wash 14 monthsAll doors window frames & other metallic frame kept paintedor varnished every 5 yearsDates on which shall be entered in prescribed registerExemption


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SECTION 12 DISPOSAL OFWASTES

Effective arrangement for disposalof waste & effluents due to

manufacturing process


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SEC13 VENTILATION & TEMPERATURE

Fresh air circulationSuch temperature as will secure toworkers therein reasonable conditions of comfort & prevent injury to healthWalls & roofs of such material and sodesigned that such temperature should

not be exceeded but kept as low aspracticable


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Prevent inhalation & accumulation in any workroom ,exhaust appliance if necessary , shall be applied as near aspossible at the point of origin , such point should beenclosed

No stationary internal combustion engine shall be operatedunless the exhaust is conducted into the open air , effectivemeasure if so

SEC14 DUST AND FUME


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SEC 15 ARTIFICIALHUMIDIFICATION

Prescribing standards of humidificationRegulating method usedPrescribing method for adequateventilation & coolingWater used for purpose shall be takenfrom a public supply or other source of

drinking water


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SEC 16 OVERCROWDING

No room in any factory shall beovercrowded to such an extend

injurious to health of workers14.2 cubic metres space for

every worker


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SEC17 LIGHTING

Sufficient suitable lighting ,natural or artificial or both

Glazed windows , skylightsshould be kept clean both inner& outer surfacesPrevent glarePrevent shadow formation


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SEC 18 DRINKING WATER

Suitable points for wholesome drinking waterAll such points legibly marked drinking water ina language understood by majoritynot within 6 metres of any washing place, urinal ,latrine, spittoon, open drain carrying sullage oreffluentMore than 250 workers provision for coolingdrinking water during hot weather


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SEC20 SPITTOONS

Sufficient number,convenient place , cleanconditionPunishable with a fine

not exceeding 5 rupees


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Fencing of machinery Sec. 21 Work on near machinery in motion. Sec 22 Employment prohibition of young persons on dangerous

machines. Sec 23 Striking gear and devices for cutting off power. Sec 24 Self-acting machines.- Sec 25 Casing of new machinery.- Sec 26 Prohibition of employment of women and children near cotton-openers.- Sec 27 Hoists and lifts.- Sec 28.

Safety Measures


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PROVISIONS RELATING TO HAZARDOUSPROCESSES

41B Compulsory disclosure of information byoccupierDetailed policy with respect to health & safety41C Specific responsibility of the occupier inrelation to hazardous processMaintain accurate health records


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WELFARE

SEC 42 Washing facilitiesSeparate for male , femaleCleanSEC 43 Facilities for storing & drying clothing

SEC 44 : Facilities for sittingSEC45 : First aidOne such box for every 150 workersInchargeMore than 500 an ambulance room

Sec 46 canteenMore than 250 workersMore than 500 ambulance room

SEC 46 Canteens if more than 250


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Sec 47 shelters , rest rooms & lunch roomsMore than 150 workersSufficiently lightedSec 48 crechesMore than 30 women workers a suitable room forchildren under the age of 6 yearsSEC 49 Welfare officer500 or more


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WORKING HOURS OF ADULTSSec 51 no adult shall be required orallowed to work in a factory for morethan 48 hours

Sec52 weekly holidaysNo worker shall work on 1 st day of weekunless he will have a holiday for a whole

day on one of the three days immediatelybefore or after the said day


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Overlapping shifts prohibited. - Sec: 58

Extra wages for overtime double than

normal rate of wages - Sec:59

Restrictions on employment of women before6AM and beyond 7 PM. - Sec: 66


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The Factory's Act, 1948

Documents

Transcript of The Factory's Act, 1948