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Objectives of The Factories Act, 1948

By Human Resource Advisory, 3rd Eye Advisory®
Objectives of The Factories Act, 1948

In India there are several acts and legislations enacted by the parliament and state legislative assemblies for regulation of industries. These enactments assume a critical part in the nation's general advancement and economic growth. Labour Laws are enacted for harmonizing the relationship between Employer, Employees and Trade Unions. The key labour laws in India regulate Employment contracts, Wages, Health and Safety, Pension and Insurance and Workplace participation and dismissal.

An overview of The Factories Act, 1948

The Factories Act, 1948 has been enacted to regulate the working conditions in factories and to ensure provision of the basic minimum requirements for safety, health and welfare of the workers as well as to regulate the working hours, leaves, holidays, employment of children, women. The act also defines procedures and provisions which can attract penalty for employer and workmen.

The Act is applicable to

  1. Any premises where 10 or more workers are or were working on any day of the preceding 12 months and in any part of which a manufacturing process is being carried on with the aid of power
  2. Any premises where 20 or more workers are or were working on any day of the preceding 12 months and in any part of which a manufacturing process is being carried on without the aid of power

Health [Sec 11-20] Safety [Sec 21-41]
The factory should always be kept clean [Sec 11] All machinery should be properly fenced to protect workers when machinery is in motion [Sec 21-27]
There should be arrangement to Dispose of Wastes and effluents [Sec 12] Hoists and Lifts should be in good condition & tested Periodically [Sec 28-29]
Reasonable Temperature for Comfort of employees should be Maintained [Sec 13] Pressure of plants should be check as per rules [Sec31]
Dust & Fumes should be controlled below permissible limits [Sec 14]. Floor, Stairs & Means of access should be of sound construction & free form obstructions [Sec 32]
Artificial Humidification should be at prescribed standard level [Sec 15] Safety appliances for Eyes, Dangerous Dusts, Gas, Fumes should be provided [Sec 35-36]
Overcrowding should be avoided [Sec 16] Adequate Fire Fighting Equipment should be available [Sec 38]
Adequate Lighting, Drinking Water, Latrines, Urinals & Spittoons should be provided [Sec17-19] Safety officer should be appointed if the number of workers in factory are 1000 or more [ Sec 40B]
Adequate Spittoons should be provided [Sec 20] In Case of Hazardous substances, Additional Safety Measures have been prescribed. [Sec 41A-41H]

 

Welfareof Employees [Sec 42-50]

  • Adequate and suitable washing facilities should be provided [Sec 42]
  • Provision should be made to provide suitable places for keeping clothing [Sec 43]
  • Suitable arrangements for sitting should be provided and maintained [Sec 44]
  • First-Aid Boxes should be provided and maintained and in every factory where 500 workers are employed there should be provided and maintained an Ambulance Room [Sec 45]
  • The Occupier should provide a canteen for the use when number of workers employed are 250 or more [Sec 46]
  • In every factory wherein more than 150 workers are employed adequate and suitable shelters or rest rooms and a suitable lunch room [Sec 47]
  • Factory where more than 30 women workers are ordinarily employed there should be provided and maintained a suitable room for the use of children under the age of six years of such women [Sec 48]

Working Hours of Adult Workers [Sec 51-66]

  • Worker should not be allowed to work in a factory for more than 48 hours in any week [Sec 51]
  • The workman should have one holiday for a whole day in a week. Where asked to work on his scheduled weekly holiday, he should be given compensatory holiday[Sec 52]
  • No worker should be allowed to work more than nine hours in a day [Sec 54]
  • No worker should be required to work continuously for more than five hours and he should be allowed rest of atleast half-an hour during his work in a day [Sec 55]
  • The period of work of a workman should be so arranged such that spread should not be over more than ten and a half hours in any day [Sec 56]
  • Restriction on double employment for the worker [Sec 60]
  • Notice of period of work should be displayed [ Sec 61]

Employment of Young persons [Sec 67-77]

  • Any child below age of 14 years cannot be employed [Section 67]
  • Child above 14 but below 15 years of age can be employed only for 4.5 hours per day [Section 71]
  • A child cannot be employed during night between 10 pm to 6 am [Sec 71]

Annual Leave with Wages [Sec 78-84]

  • A Worker who has worked for 240 days is entitled forone day leave for every 20 days &one day leave for working of 15 days in case of child [Sec 79]
  • Worker who has been allowed leave for not less than four days for adults and five days in case of child can be paid the wages in advance [Sec 81]

Penalties and Procedure [Sec 92- 106A]

Offence Penalty
For contravention of the Provisions of the Act or Rules [Sec 92] Imprisonment upto 2 years or fine upto Rs.1,00,000 or both
Subsequent contravention of some provisions [Sec 94] Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000
Obstructing Inspectors [Sec 95] Imprisonment upto 6 months or fine upto Rs.10,000 or both
Wrongful disclosing result pertaining to results of analysis [Sec 96] Imprisonment upto 6 months or fine upto Rs.10,000 or both
For contravention of the provisions of Sec.41B, 41C and 41H [ Sec 96 A] 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
Offences by workers [ Sec 97] Fine of Rs.500
Using false certificate of fitness [Sec 98] Imprisonment of 2 months or fine of Rs.1000 or both
Permitting double employment of child [Sec 99] Fine of Rs.1000

 

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Article by: Human Resource Advisory, 3rd Eye Advisory®