FACTORIES ACT, 1948
The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
APPLICABILITY
It applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act
Salient Features of the Act
1. Approval of Factory Building Plans before construction/extension, under the Delhi Factories Rules, 1950 .
2. Grant of Licences under the Delhi Factories Rules, 1950, and to take action against factories running without obtaining Licence.
3. Renewal of Licences granted under the Delhi Factories Rules, 1950, by the Dy. Chief Inspectors of Factories .
4. Inspections of factories by District Inspectors of Factories, for investigation of complaints, serious/fatal accidents as well as suo moto inspections to check compliance of provisions of this Act relating to :-
I. Health II. Safety III. Welfare facilities IV. Working hours
V. Employment of young persons VI. Annual Leave with wages etc.
Definitions
FACTORY: means any premises:
- in which 10 or more than 10 workers are employed on any day of the preceding 12 months and are engaged in manufacturing process being carried out with the aid of power
- 20 or more than 20 workers are employed on any day of the preceding 12 months in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.
OCCUPIER : who has the ultimate control over the affairs of the factory. An occupier may be an owner, a lessee, or a mere licensee.
Worker: A worker means a person employed in a manufacturing process, directly or by or through any agency with or without the knowledge of the principal employer.
Manufacturing process: means any process for-
• Making, altering, repairing, delivery or
• Pumping oil, water or
• Generating, transforming power or
• Constructing, reconstructing or
• Preserving or storing any article in cold storage etc.
Approval, Licensing and Registration of Factories• Sec. 6 of the Act empowers the State Government to make rules for the submission of plans, approval, licensing and registration of factories . The application in writing along with the plans and specifications of the factory, for permission, is submitted to the Chief Inspector or the State Government.
• In case nothing is heard within 3 months from the appropriate authority, the permission is deemed to be granted.
• If the State Government or the Chief Inspector refuses to give permission, the applicant may appeal to the Central Government or the State Government respectively with in 30 days of the date of refusal.
Notice by Occupier( sec.7)
Sec 7 of the Act requires the occupier to give notice to the Chief Inspector 15 days before he occupies any premises as a factory. The notice contains:
• Name & situation of the factory.
• Name & address of the occupier.
• Name & address of the owner of the premises.
• Address to which communication relating to the factory may be sent.
• Nature of the manufacturing process to be carried on in next 12 months.
• Total rated horsepower installed or to be installed in the factory.
• Name of the manager of the factory.
• Name of the workers likely to be employed.
Health Safety & Welfare Provisions
The occupier is obligatory to provide for the health, safety and welfare of the workers in the factory and also to maintain inspection staff.
HEALTH
Sec. 11-20 carries provisions relating to health of the workers.
1. Cleanliness: effective drainage & use of disinfectants.
2. Disposal of wastes & effluents after treatment.
3. Adequate ventilation & temperature-
• Adoption of prescribed standards by the State Government.
• Notice by the Chief Inspector to the occupier to adopt measures for reduction of temperature.
4. Dust & Fume.
5. Artificial humidification as per State Government standards.
6. Overcrowding: 9.9/ 14.2 cubic meter of space per worker. Notice of maximum workers to be employed in a workroom shall be posted in each workroom as per the written order of the Chief Inspector.
7. Sufficient & suitable lighting as per State Government standards.
8. Drinking water: suitable drinking points to be legibly marked & to be 6 meters away from washing area , urinals etc, unless shorter distance is approved in writing by the Chief Inspector. Cold water in factories where more than 250 workers are employed.
9. Urinals
10. Spittoons: Contravention of notice regarding the use of spittoons shall be punishable with fine not exceeding Rs. 5.
SAFETY PROVISIONS
Safety provisions are absolute and obligatory on the occupier to follow.
1. Fencing of machinery.
2. Examination of machinery in motion by a trained adult male worker.
3. Restriction on young persons to work on dangerous machines as specified by the State Government.
4. Hoists and lifts to be of good mechanical construction and examined once in every 6 months.
5. Protection of eyes.
Safety of building and machinery
7. Precautions in case of fire.
8. Precautions against dangerous fumes.
9. Precautions against explosive or inflammable dust, gas. etc.
10. Safety officers.
The State Government may make rules requiring the provisions in any factory of such further devices and measures for securing the safety of persons employed as it may deem necessary.
WELFARE PROVISIONS
The various provisions in regard to welfare of the workers are:
1. Washing facilities: separate for male and female should be conveniently accessible and clean
2. Facilities for storing and drying clothing.
3. Facilities for sitting for those workers who are obliged to work in a standing position.
4. First- aid box with prescribed contents for every 150 workers & ambulance room in a factory employing more than 500 workers.
5. Canteens in factory employing more than 250 workers.
6. Sufficiently lighted , ventilated, and clean shelters, rest rooms and lunch rooms in factory employing more than 150 workers.
7. Creches for children under the age of 6 years in factories employing more than 30 women workers.
8. Welfare officers in factories employing 500 or more workers.
Employment of young persons
• Prohibition on employment of young children ( below 14 years)
• A child above 14 or an adolescent may be allowed to work in a factory if
1. A certificate of fitness is in custody of the manager of the factory and
2. Such child or adolescent carries, while he is at work, a token giving reference to such certificate.
• Certificate of fitness: granted by a certifying surgeon after examining him and ascertaining his fitness for work in a factory. An application by the young person shall be accompanied by a document signed by manager. It is valid for 12 months and can be renewed. It can also be revoked any time if the holder is no longer fit to work.
• Certificate of fitness entitles:
A child:
• That he has completed his 14 years.
• That he has attained the prescribed physical standards
• That he is fit for such work
An adult:
• That he has completed his 15th year
• That he is fit for a full day’s work
• Effect of certificate: An adolescent granted a certificate of fitness to work in a factory as an adult shall be deemed to be an adult for all the purposes of Factories Act.
• Working hours: No child shall be employed to work in a factory:
1. for more than 4-1/2 hours in a day 2. during the night
Register of child workers: The manager of every factory where children are employed shall maintain a register of child workers showing:
1. Name of each child worker in the factory,
2. Nature of his work,
3. The group in which he is included,
4. Where his group work on shifts,
5. The number of his certificate of fitness.
Safety provisions for women.
All provisions regarding the employment of adults apply to adult female workers except the following provisions:
• Work on or near the machinery in motion.
• Crèches.
• A woman shall not be allowed to work in a factory for more than 48 hours in any week or 9 hours in a day.
• A woman shall be required to work in a factory only between 6 am. to 7 pm. The State Government by notification may vary these limits in respect of any factory etc.
• Prohibition of employment in dangerous operations.
GENERAL PENALTY FOR OFFENCES: ( sec. 92)
• If in any factory there is any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued :
• Where contravention of any of the provisions under section 87 (dealing with dangerous operations) has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.
Wednesday, March 24, 2010
Factories Act
FACTORIES ACT, 1948
The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
APPLICABILITY
It applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act
Salient Features of the Act
1. Approval of Factory Building Plans before construction/extension, under the Delhi Factories Rules, 1950 .
2. Grant of Licences under the Delhi Factories Rules, 1950, and to take action against factories running without obtaining Licence.
3. Renewal of Licences granted under the Delhi Factories Rules, 1950, by the Dy. Chief Inspectors of Factories .
4. Inspections of factories by District Inspectors of Factories, for investigation of complaints, serious/fatal accidents as well as suo moto inspections to check compliance of provisions of this Act relating to :-
I. Health II. Safety III. Welfare facilities IV. Working hours
V. Employment of young persons VI. Annual Leave with wages etc.
Definitions
FACTORY: means any premises:
- in which 10 or more than 10 workers are employed on any day of the preceding 12 months and are engaged in manufacturing process being carried out with the aid of power
- 20 or more than 20 workers are employed on any day of the preceding 12 months in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.
OCCUPIER : who has the ultimate control over the affairs of the factory. An occupier may be an owner, a lessee, or a mere licensee.
Worker: A worker means a person employed in a manufacturing process, directly or by or through any agency with or without the knowledge of the principal employer.
Manufacturing process: means any process for-
• Making, altering, repairing, delivery or
• Pumping oil, water or
• Generating, transforming power or
• Constructing, reconstructing or
• Preserving or storing any article in cold storage etc.
Approval, Licensing and Registration of Factories• Sec. 6 of the Act empowers the State Government to make rules for the submission of plans, approval, licensing and registration of factories . The application in writing along with the plans and specifications of the factory, for permission, is submitted to the Chief Inspector or the State Government.
• In case nothing is heard within 3 months from the appropriate authority, the permission is deemed to be granted.
• If the State Government or the Chief Inspector refuses to give permission, the applicant may appeal to the Central Government or the State Government respectively with in 30 days of the date of refusal.
Notice by Occupier( sec.7)
Sec 7 of the Act requires the occupier to give notice to the Chief Inspector 15 days before he occupies any premises as a factory. The notice contains:
• Name & situation of the factory.
• Name & address of the occupier.
• Name & address of the owner of the premises.
• Address to which communication relating to the factory may be sent.
• Nature of the manufacturing process to be carried on in next 12 months.
• Total rated horsepower installed or to be installed in the factory.
• Name of the manager of the factory.
• Name of the workers likely to be employed.
Health Safety & Welfare Provisions
The occupier is obligatory to provide for the health, safety and welfare of the workers in the factory and also to maintain inspection staff.
HEALTH
Sec. 11-20 carries provisions relating to health of the workers.
1. Cleanliness: effective drainage & use of disinfectants.
2. Disposal of wastes & effluents after treatment.
3. Adequate ventilation & temperature-
• Adoption of prescribed standards by the State Government.
• Notice by the Chief Inspector to the occupier to adopt measures for reduction of temperature.
4. Dust & Fume.
5. Artificial humidification as per State Government standards.
6. Overcrowding: 9.9/ 14.2 cubic meter of space per worker. Notice of maximum workers to be employed in a workroom shall be posted in each workroom as per the written order of the Chief Inspector.
7. Sufficient & suitable lighting as per State Government standards.
8. Drinking water: suitable drinking points to be legibly marked & to be 6 meters away from washing area , urinals etc, unless shorter distance is approved in writing by the Chief Inspector. Cold water in factories where more than 250 workers are employed.
9. Urinals
10. Spittoons: Contravention of notice regarding the use of spittoons shall be punishable with fine not exceeding Rs. 5.
SAFETY PROVISIONS
Safety provisions are absolute and obligatory on the occupier to follow.
1. Fencing of machinery.
2. Examination of machinery in motion by a trained adult male worker.
3. Restriction on young persons to work on dangerous machines as specified by the State Government.
4. Hoists and lifts to be of good mechanical construction and examined once in every 6 months.
5. Protection of eyes.
Safety of building and machinery
7. Precautions in case of fire.
8. Precautions against dangerous fumes.
9. Precautions against explosive or inflammable dust, gas. etc.
10. Safety officers.
The State Government may make rules requiring the provisions in any factory of such further devices and measures for securing the safety of persons employed as it may deem necessary.
WELFARE PROVISIONS
The various provisions in regard to welfare of the workers are:
1. Washing facilities: separate for male and female should be conveniently accessible and clean
2. Facilities for storing and drying clothing.
3. Facilities for sitting for those workers who are obliged to work in a standing position.
4. First- aid box with prescribed contents for every 150 workers & ambulance room in a factory employing more than 500 workers.
5. Canteens in factory employing more than 250 workers.
6. Sufficiently lighted , ventilated, and clean shelters, rest rooms and lunch rooms in factory employing more than 150 workers.
7. Creches for children under the age of 6 years in factories employing more than 30 women workers.
8. Welfare officers in factories employing 500 or more workers.
Employment of young persons
• Prohibition on employment of young children ( below 14 years)
• A child above 14 or an adolescent may be allowed to work in a factory if
1. A certificate of fitness is in custody of the manager of the factory and
2. Such child or adolescent carries, while he is at work, a token giving reference to such certificate.
• Certificate of fitness: granted by a certifying surgeon after examining him and ascertaining his fitness for work in a factory. An application by the young person shall be accompanied by a document signed by manager. It is valid for 12 months and can be renewed. It can also be revoked any time if the holder is no longer fit to work.
• Certificate of fitness entitles:
A child:
• That he has completed his 14 years.
• That he has attained the prescribed physical standards
• That he is fit for such work
An adult:
• That he has completed his 15th year
• That he is fit for a full day’s work
• Effect of certificate: An adolescent granted a certificate of fitness to work in a factory as an adult shall be deemed to be an adult for all the purposes of Factories Act.
• Working hours: No child shall be employed to work in a factory:
1. for more than 4-1/2 hours in a day 2. during the night
Register of child workers: The manager of every factory where children are employed shall maintain a register of child workers showing:
1. Name of each child worker in the factory,
2. Nature of his work,
3. The group in which he is included,
4. Where his group work on shifts,
5. The number of his certificate of fitness.
Safety provisions for women.
All provisions regarding the employment of adults apply to adult female workers except the following provisions:
• Work on or near the machinery in motion.
• Crèches.
• A woman shall not be allowed to work in a factory for more than 48 hours in any week or 9 hours in a day.
• A woman shall be required to work in a factory only between 6 am. to 7 pm. The State Government by notification may vary these limits in respect of any factory etc.
• Prohibition of employment in dangerous operations.
GENERAL PENALTY FOR OFFENCES: ( sec. 92)
• If in any factory there is any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued :
• Where contravention of any of the provisions under section 87 (dealing with dangerous operations) has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.
The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi
APPLICABILITY
It applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act
Salient Features of the Act
1. Approval of Factory Building Plans before construction/extension, under the Delhi Factories Rules, 1950 .
2. Grant of Licences under the Delhi Factories Rules, 1950, and to take action against factories running without obtaining Licence.
3. Renewal of Licences granted under the Delhi Factories Rules, 1950, by the Dy. Chief Inspectors of Factories .
4. Inspections of factories by District Inspectors of Factories, for investigation of complaints, serious/fatal accidents as well as suo moto inspections to check compliance of provisions of this Act relating to :-
I. Health II. Safety III. Welfare facilities IV. Working hours
V. Employment of young persons VI. Annual Leave with wages etc.
Definitions
FACTORY: means any premises:
- in which 10 or more than 10 workers are employed on any day of the preceding 12 months and are engaged in manufacturing process being carried out with the aid of power
- 20 or more than 20 workers are employed on any day of the preceding 12 months in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.
OCCUPIER : who has the ultimate control over the affairs of the factory. An occupier may be an owner, a lessee, or a mere licensee.
Worker: A worker means a person employed in a manufacturing process, directly or by or through any agency with or without the knowledge of the principal employer.
Manufacturing process: means any process for-
• Making, altering, repairing, delivery or
• Pumping oil, water or
• Generating, transforming power or
• Constructing, reconstructing or
• Preserving or storing any article in cold storage etc.
Approval, Licensing and Registration of Factories• Sec. 6 of the Act empowers the State Government to make rules for the submission of plans, approval, licensing and registration of factories . The application in writing along with the plans and specifications of the factory, for permission, is submitted to the Chief Inspector or the State Government.
• In case nothing is heard within 3 months from the appropriate authority, the permission is deemed to be granted.
• If the State Government or the Chief Inspector refuses to give permission, the applicant may appeal to the Central Government or the State Government respectively with in 30 days of the date of refusal.
Notice by Occupier( sec.7)
Sec 7 of the Act requires the occupier to give notice to the Chief Inspector 15 days before he occupies any premises as a factory. The notice contains:
• Name & situation of the factory.
• Name & address of the occupier.
• Name & address of the owner of the premises.
• Address to which communication relating to the factory may be sent.
• Nature of the manufacturing process to be carried on in next 12 months.
• Total rated horsepower installed or to be installed in the factory.
• Name of the manager of the factory.
• Name of the workers likely to be employed.
Health Safety & Welfare Provisions
The occupier is obligatory to provide for the health, safety and welfare of the workers in the factory and also to maintain inspection staff.
HEALTH
Sec. 11-20 carries provisions relating to health of the workers.
1. Cleanliness: effective drainage & use of disinfectants.
2. Disposal of wastes & effluents after treatment.
3. Adequate ventilation & temperature-
• Adoption of prescribed standards by the State Government.
• Notice by the Chief Inspector to the occupier to adopt measures for reduction of temperature.
4. Dust & Fume.
5. Artificial humidification as per State Government standards.
6. Overcrowding: 9.9/ 14.2 cubic meter of space per worker. Notice of maximum workers to be employed in a workroom shall be posted in each workroom as per the written order of the Chief Inspector.
7. Sufficient & suitable lighting as per State Government standards.
8. Drinking water: suitable drinking points to be legibly marked & to be 6 meters away from washing area , urinals etc, unless shorter distance is approved in writing by the Chief Inspector. Cold water in factories where more than 250 workers are employed.
9. Urinals
10. Spittoons: Contravention of notice regarding the use of spittoons shall be punishable with fine not exceeding Rs. 5.
SAFETY PROVISIONS
Safety provisions are absolute and obligatory on the occupier to follow.
1. Fencing of machinery.
2. Examination of machinery in motion by a trained adult male worker.
3. Restriction on young persons to work on dangerous machines as specified by the State Government.
4. Hoists and lifts to be of good mechanical construction and examined once in every 6 months.
5. Protection of eyes.
Safety of building and machinery
7. Precautions in case of fire.
8. Precautions against dangerous fumes.
9. Precautions against explosive or inflammable dust, gas. etc.
10. Safety officers.
The State Government may make rules requiring the provisions in any factory of such further devices and measures for securing the safety of persons employed as it may deem necessary.
WELFARE PROVISIONS
The various provisions in regard to welfare of the workers are:
1. Washing facilities: separate for male and female should be conveniently accessible and clean
2. Facilities for storing and drying clothing.
3. Facilities for sitting for those workers who are obliged to work in a standing position.
4. First- aid box with prescribed contents for every 150 workers & ambulance room in a factory employing more than 500 workers.
5. Canteens in factory employing more than 250 workers.
6. Sufficiently lighted , ventilated, and clean shelters, rest rooms and lunch rooms in factory employing more than 150 workers.
7. Creches for children under the age of 6 years in factories employing more than 30 women workers.
8. Welfare officers in factories employing 500 or more workers.
Employment of young persons
• Prohibition on employment of young children ( below 14 years)
• A child above 14 or an adolescent may be allowed to work in a factory if
1. A certificate of fitness is in custody of the manager of the factory and
2. Such child or adolescent carries, while he is at work, a token giving reference to such certificate.
• Certificate of fitness: granted by a certifying surgeon after examining him and ascertaining his fitness for work in a factory. An application by the young person shall be accompanied by a document signed by manager. It is valid for 12 months and can be renewed. It can also be revoked any time if the holder is no longer fit to work.
• Certificate of fitness entitles:
A child:
• That he has completed his 14 years.
• That he has attained the prescribed physical standards
• That he is fit for such work
An adult:
• That he has completed his 15th year
• That he is fit for a full day’s work
• Effect of certificate: An adolescent granted a certificate of fitness to work in a factory as an adult shall be deemed to be an adult for all the purposes of Factories Act.
• Working hours: No child shall be employed to work in a factory:
1. for more than 4-1/2 hours in a day 2. during the night
Register of child workers: The manager of every factory where children are employed shall maintain a register of child workers showing:
1. Name of each child worker in the factory,
2. Nature of his work,
3. The group in which he is included,
4. Where his group work on shifts,
5. The number of his certificate of fitness.
Safety provisions for women.
All provisions regarding the employment of adults apply to adult female workers except the following provisions:
• Work on or near the machinery in motion.
• Crèches.
• A woman shall not be allowed to work in a factory for more than 48 hours in any week or 9 hours in a day.
• A woman shall be required to work in a factory only between 6 am. to 7 pm. The State Government by notification may vary these limits in respect of any factory etc.
• Prohibition of employment in dangerous operations.
GENERAL PENALTY FOR OFFENCES: ( sec. 92)
• If in any factory there is any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued :
• Where contravention of any of the provisions under section 87 (dealing with dangerous operations) has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.
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