- 1 What is the Factory Act of 1922 in India?
- 2 When did industrial safety start in India?
- 3 What are the safety laws in India?
- 4 What is the Indian factories Act 1947?
- 5 What is the basic of industrial safety?
- 6 Why is safety necessary in industry?
- 7 How many types of industry hazards are there?
- 8 What is the Indian factory Act 1934?
- 9 What does Factories Act, 1948 says?
- 10 What was the British Factory Act of 1847?
What is the Factory Act of 1922 in India?
Factory Act 1922 4 th Act All workshops employing more than 20 workers with power were brought under the scope of this act. The minimum age for children was raised to 12 and the working hours of children between ages 12 – 15 had to work for elders 12 hours⟋day and 60 hrs⟋work.
When did industrial safety start in India?
The Factories Act 1891 : – The inadequacy of the 1881 Act led to continued agitation by workers, under the leadership of Bengali for its amendment. Meade King in 1882, after investigating labor conditions on behalf of the Bombay Government, made recommendations for amending it.
Later on, a commission sat in 1884 and considered the question in detail. During the sitting of the commission, the labor movement was increased, the workers met in a conference and. placed their viewpoints before the Commission. Bengali and Lokhande’ took a prominent part in the Conference. The agitation for protecting labor gathered momentum following the publication in 1886-S7 in England of the report of Mr.
Jones who had studied the factory conditions in Bombay during the period 1883-86. In 1890, a Factory Labour Commission was appointed by the Indian Government to again review the position and make suitable recommendations. Finally, the Indian Factories Act, 1891 (No.11 of 1891) was passed and came into force from 1-1-1892.
Registration of a factory on the employment of 50 or more workers. Local Government authorized to notify concerns employing even 20 workers Non-employment of children under 9 years. Seven hour day for children between 9 & 14 years. Eleven hour day for women with a 1.5-hour interval. Restrictions on the employment of women and children from 8 p.m. to 8 am. Weekly holidays for all workers. Rest interval of 0.5 hours. Provincial Governments authorized to make rules regarding sanitation and comfort.
What are the safety laws in India?
Industrial Safety & Health
|2||The Factories Act, 1948||Download(0.69 MB)|
|3||The Mines Act, (15 March 1952)||Download(0.15 MB)|
|4||The Dock Workers (Safety, Health & Welfare) Act, (16 Feb 1990)||Download(0.24 MB)|
|5||The Dock Workers (Safety, Health & Welfare) Act, (16 Feb 1990)||Download(0.24 MB)|
What was the Indian factories Act of 1891?
Of Factory Act 1891. The main provision of this Act included: fixing daily 9 hours work child labourer’s between 9 to 14 years, 11 hours work for female labourer’s, daily half an hour break for Tiffin and one day’s compulsory rest in a week.
What is the Indian factories Act 1947?
From Wikipedia, the free encyclopedia
|Factories Act, 1948|
|Parliament of India|
|Enacted by||Parliament of India|
|Enacted||23 September 1948|
The Factories Act, 1948 (Act No.63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), served to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India.
- It deals with various problems concerning safety, health, efficiency and well-being of the persons at work places.
- It was replaced by the Occupational Safety, Health and Working Conditions Code, 2020,
- The Act is administered by the Ministry of Labour and Employment in India through its Directorate General Factory Advice Service & Labour Institutes (DGFASLI) and by the State Governments through their factory inspectorates.
DGFASLI advises the Central and State Governments on administration of the Factories Act and coordinating the factory inspection services in the States. The Act is applicable to any factory using power & employing 10 or more workers and if not using power, employing 20 or more workers on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without any power
Which is the first Indian Industrial Act?
The first Factories Act was adopted in the year 1881. Following this Act, a Factory Commission was appointed in the year 1885. The basic purpose of this Act was to reduce the factory working hours and to improve the condition of workers in a factory.
When was safety first used?
Who says Safety First? By Ellen S. Nasner, BWC Education and Training Services Manager Safety First is a phrase we’ve all heard, but where did it come from? It originates from the Safety First Movement, a 20th century movement to reduce workplace hazards.
- The phrase has been in use since in the United States since the 1910s.
- It also became popular in Japan around this same time.
- At that time in America, railroads and mines were some of the most dangerous places to work, yet they had the least protection for workers.
- In 1908, the federal government established a very limited compensation system for its employees which helped spur the states into action.
In 1910, New York became the first state to pass a workmen’s compensation law. Ohio followed soon after with the passage of the Ohio Workmen’s Compensation act in 1911. This act came in response to the unchecked and frequent workplace injuries and fatalities of the Industrial Era.
It created a state insurance fund in 1912 to compensate workers who were injured on the job. The Industrial Commission of Ohio ran the system until 1955, when the Ohio General Assembly created the Ohio Bureau of Workmen’s Compensation. Around this same time (1913 to be exact), the National Safety Council formed and adopted the emblem of a green cross with arms of equal length on a white background.
To this day, it remains the symbol of protection against accidents. The federal government created the U.S. Department of Labor on March 4, 1913. By 1921, 46 states/jurisdictions had workmen’s compensation laws in force. Fifty years later – on April 28, 1971 – the Occupational Safety and Health Administration launched.
Step by step, Safety First for the worker and the workplace moved to the forefront in the U.S. Today, BWC’s Division of Safety & Hygiene plays a critical role to ensure safety comes first in Ohio’s workplaces. Find out more about all of the services and programs we offer employers and employees at no cost right here:,
Fun fact: Safety comes from the French word “sauf” – which is the condition of being protected from harm or other non-desirable outcomes. So, remember – Safety First! : Who says Safety First?
What are the three keys of industrial safety?
Industrial safety is seen universally as a necessity, above all because a safe workplace results in a comfortable, motivating climate. The current playing field in the realm of safety is made up of both increasingly stringent laws and regulations and the need for increased production capacity and for faster production speeds.
This leads workers to operate machinery faster and at greater risk. For example, with regard to machinery safety, both equipment manufacturers and equipment operators are placing great emphasis on engineering and on the application of international standards. On the whole, the efficacy of a safety system is not based solely on technical and regulatory aspects, but also on an in-depth functional analysis of the organization, of production processes, and of the human factor.
In the past, machinery safety was largely considered a cost. Today, safety technologies may be seen as an investment in business productivity. Products such as safety switches and relays have become fairly common. With the adoption of integrated technologies and approaches to safety, PLCs and safety mechanisms, too, have enjoyed widespread use while having a limited impact on system engineering and planning.
- The overall landscape of instrumentation components and programs features solutions that are able to control everything concerning the potential risks inherent in the systems and machinery in both production and transformation processes.
- In sensors, for example, fire and smoke detectors allow for automated intervention in order to eliminate the causes of fire and combustion, while detectors for gases and other airborne compounds protect the workspace around the equipment.
Safety PLCs are able to inhibit improper movements and prevent the transit of unauthorized personnel through hazardous areas. Generally speaking, the use of accurate, reliable devices and instrumentation is a priority in order to reduce the levels of risk.
- Functional, Electrical, Intrinsic: the 3 domains of safety Thinking of safety in generic terms can be ambiguous, especially in relation to the global analysis of the causes of accidents and related preventive measures.
- As such, it can be helpful to summarize the three recognized types of industrial safety and point to the main safety laws and regulations, even though it will be impossible to provide an exhaustive picture of such a vast landscape.
The first concept in safety is functional safety, This type of safety depends on the proper functioning of a system or machine in response to its initial electrical, electronic and programmable parameters. The main standards that govern functional safety are ISO 13849 (Safety of machinery – Safety-related parts of control systems), IEC 62061 (Safety of machinery – Functional safety of safety-related electrical, electronic and programmable electronic control systems), IEC 61508 (Functional Safety of Electrical/Electronic/Programmable Electronic Safety-related Systems), and IEC 61511 (Functional safety – Safety instrumented systems for the process industry sector).
- It is important to note that the standard ISO 13849-1 requires that, in order to assess the performance of a safety-control system, the probability of dangerous failures per hour (PFH d) is to be calculated.
- This indicator is calculated based on the random failure rate of all components used in a system.
ISO 13849 is particularly important for PLCs in that it describes the safety functions and general requirements for the design and protection of control systems. In order to design automated systems that are totally safe for production and personnel, the reference standards are the Safety Integrity Level (SIL, i.e.
- IEC 62061) and Good Automated Manufacturing Practice (GAMP).
- Also of note is the standard ANSI/ISA-99, developed in line with existing international standards and which defines the safety levels, on a scale from 0 to 4, of the various equipment used in production processes and in operations.
- The second type of safety that is of strategic importance in industry is electrical safety.
Electrical safety is achieved by designing and constructing electrical machinery so as to avoid any direct contact with electrical cables or other electrically conductive parts. Manufacturers must also seek to avoid hazards caused by indirect contact with a ground or other conductor that happens to be under tension.
- The main families of standards in the field of electrical safety are EN 60204 (Safety of machinery – Electrical equipment of machines), EN 60947-5 (Low-voltage switchgear and controlgear), and NFPA 79 (Electrical Standard for Industrial Machinery) for the US market.
- Within the scope of these standards, the prevailing Machinery Directive bases the assessment, elimination, or reduction of risk as a principle of integrating safety in the design and construction of machinery and references ISO 12100 (Safety of machinery – General principles for design — Risk assessment and risk reduction).
Finally, intrinsic safety, based on the ATEX directives 2014/34/EU and 1999/92/EC, is also to be taken into account. Intrinsic safety is the technical principle of preventing the risk of fire or explosion caused by electrical devices and electronic instrumentation.
At the level of power and circuitry, this safety is provided by galvanic isolation and Zener barriers, In order to create protected workspaces, photoelectric barriers, i.e. electro-sensitive devices that also ensure high levels of machinery and system productivity, are used. To choose the right electrical device to be used, we need to know which group of explosive substances the flammable compounds that may be present belong to.
For all types of fire protection, the electrical devices to be installed in an area at risk of explosion must be divided into temperature classes from T1 to T6. The device manufacturer must be able to achieve the highest safety levels for each individual device by way of specific fire-protection methods.
What is the basic of industrial safety?
(1) Provide workers with a safe work environment. (2) Conduct routine/regular workplace inspections. (3) Provide Personal Protective Equipment. (4) Develop and implement safe work procedures and rules.
Why is safety necessary in industry?
Manufacturing safety is important because it keeps people alive and unharmed. To prevent industrial accidents, injuries, illnesses, and deaths, every manufacturer needs to create a safe workplace for employees. I realize I’m stating the obvious here. Most people involved in manufacturing understand how dangerous the work can be.
They know that safety is in everyone’s best interest. They recognize their responsibility to keep themselves and others protected from harm. The problem is that in too many manufacturing environments, other priorities get in the way. Companies are under constant pressure to stay competitive, keep costs down, deal with supply chain disruptions, increase productivity, adapt to new technologies, hire and retain skilled workers, and manage countless other realities of doing business.
As a result, safety starts to look like a drain on company time and resources—a series of boxes to check rather than something that actually benefits anyone. But here’s the kicker: Manufacturing safety does more than save lives. It also saves money. The best-performing organizations are the ones that invest and believe in safety.
How many types of industry hazards are there?
Industrial hazards consist of four principle hazards. This is because industries employ many different processes involving a wide range of different raw materials, intermediates, waste products and final products. The hazards encountered are fire, explosion, toxic release and environmental damage.
- Fire: This is the most frequent of the hazards however the consequences are generally less.
- The effect of fire on people usually takes the form of skin burns and is usually dependant on the exposure time and the intensity of the heat.
- Fire can also produce toxic fumes like Acrolein, Carbon monoxide and Cyanides.
Physical structures can be damaged either by the intensity of the heat or combustion. It may also have an effect on essential services like power and instrumentation which can cause an escalation of the incident Explosion: Explosions are usually heard from far away as a ‘bang’.
This is the result of a shock wave. This overpressure can kill people but usually the indirect effects of collapsing buildings, flying glass and debris causes far more loss of life and severe injuries. There are different types of explosions which include gas explosions and dust explosions. Gas explosions occur when a flammable gas mixes with air and is exposed to an ignition source.
Dust explosions occur when flammable solids, especially metals, in the form of fine powders are intensively mixed with air and ignited. Toxic/Chemical release: Sudden releases of toxic vapours have the potential to cause death and severe injuries several miles from the release point.
- They are carried by water and air.
- Their release into public sewage systems, rivers, canals and other water courses, either directly or through contaminated water used in fire fighting can result in serious threat to public.
- The number of casualties depends on the weather conditions, population density in the path of the cloud and the effectiveness of the emergency arrangements.
Environmental Damage: As well as having the potential for causing injury, loss of life and damage to property, the hazards of fire, explosion and toxic releases may pose a severe threat to the environment. Release of other substances, not directly toxic to humans can cause major pollution problems.
It is becoming increasingly recognized that damage to natural resources such as plant and animal life can have serious long term consequences.E.g. destruction of trees is increasing the effect of global warming and extinction of animals are severely disrupting food webs and causing an increase in pests.
List and discussion of Vulnerabilities · Improper location of Communities Communities like California and Couva are located too close to the Point Lisas industrial estate. If there is an explosion or chemical release, there communities will be severely affected potentially with many deaths and structural damage · Poor developmental planning in Point Lisas Industries in Point Lisas Industrial estate are located in such a way that it is easy for one failure to cause a domino effect e.g.
- There is a methanol plant situated approximately 150m for a power generation plant.
- This power plant can produce a very easy source of ignition for any possible leak that may occur from the methanol plant.
- · Lack of knowledge Many persons in the country and primarily persons close to the industrial estate are unaware of the actual dangers they face on a daily basis.
Although it has been said may times, persons continue to ignore this because a disaster of catastrophic scale has not occurred before at the estate and companies boast of the low probability of such an incident. From a domestic point of view, person using everyday product like degreasers, disinfectants, bleach, lubricants (WD40, PR40), paints, thinners, acids (concrete cleaner) must be careful as most of these products affect the skin · Lack of mitigation measures From findings it has been proven that the mitigation measures put in place on the estate with respect to the ammonia plants are insufficient (Persad 2003).
- There exists no specialized medical facility to deal with industrial cases.
- Even though there is the Couva Medical facility nearby, this is occupied by persons from that area.
- Fishing villages · Lack of evacuation expertise It was found that the emergency response system at Point Lisas was inadequate to handle industrial emergencies as there were a lack of specialized medical personnel as well as triage equipment and facilities.
(Persad, Deenesh 1996) · Transportation risks Many chemicals, including flammable hydrocarbons are transported on the roadway alongside other vehicles and pedestrians. This poses a risk of explosion, fire, blast fragments and other harmful injury to bystanders, if an incident was to happen.
Design and Pre-modification review : this involves proper layout, facilities and material selection. Research should be done try to substitute extremely toxic chemicals with safer ones. Less chemicals should be stored; a reduction in inventory will automatically mean less damage if an accident is to occur. Chemical Risk Assessment : Chemicals are assessed based on compatibility, flammability, toxicity, explosion hazards and storage. Process Safety Management : HAZOP studies, reliability assessment of process equipment, incorporating safety trips and interlocks, scrubbing system, etc. should be done before effecting major process changes. Management should try to develop a culture of safety in industrial organizations Safety Audits : Periodical assessment of safety procedures and practices, performance of safety systems and gadgets along with follow up measures should be carried out. Emergency Planning : A comprehensive risk analysis indicating the impact of consequences and specific written down and practiced emergency procedures along with suitable facilities should be done. This can be done by communities as well as national or regional corporation authorities Training : Proper training of employees and protective services should be done. Special times and escorts for dangerous vehicles Public Cooperation on the road : the public should cooperate with the police and any tankers and heavy duty vehicles to avoid accidents and allow for the shortest possible on road time for dangerous vehicles. Public awareness : Everyone should be aware of potential disasters and informed of protective and safety measures. MSDS sheets should be readily available to the public. Cautions must be placed to standout on dangerous household and car care products. Proper storage of hazardous Materials : All chemicals and hazardous materials should be kept at proper storage temperature and in locked cupboards away from children and animals. Also, if reactive substances are stored, it should be stored is a watertight container.
Farabi, Hamid. “Safety: A major objective in the Chemical and Petroleum Industry.” 1992. Mannan, Sam. Lee’s Loss Prevention. Oxford: Elsevier Butterworth Heinemann, 2005. Persad, Deenesh. “A Synopsis of Disaster Management and Lessons Learnt on the Point Lisas Industrial Estate.” 2003. Persad, Deenesh. “Disaster Response Ammonia Spill.” 1996.
Further Reading :
Institute of Community Medicine U.S. Environmental Protection Agency
What is the Indian factory Act 1934?
Official Gazette, declare any specified factory in which mnnu- facturing processes are ordinarily carried on for not more than one hundred and eighty working days in the year and cannot be carried on except duping particular seasons or at times dependent on the irregular action of natural forces, to be a seasonal
What is the history of factory acts in India?
There has been rise of large scale factory/ industry in India in the later half of nineteenth century. Major Moore, Inspector-in- Chief of the Bombay Cotton Department, in his Report in 1872-73 first of all raised the question for the provision of legislation to regulate the working condition in factories; the first Factories act was enacted in 1881.
Since then the act has been amended on many occasions. The Factories Act 1934 was passed replacing all the previous legislation in regard to factories. This act was drafted in the light of the recommendations of the Royal Commission on Labour. This Act has also been amended suitably from time to time. The experience of working of the Factories Act, 1934 had revealed a number of defects and weakness which have hampered effective administration of the Act, and the need for wholesale revision of the act to extend its protective provisions to the large number of smaller industrial establishments was felt.
Therefore, the Factories Act, 1948 consolidating and amending the law relating to labour in factories, was passed by the Constituent Assembly on August 28, 1948. The Act received the assent of Governor General of India on 23 September 1948 and came into force on April 1, 1949.
Objective of Factories Act,1948 The main objectives of the Indian Factories Act, 1948are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories.1.Working Hours: According to the provision of working hours of adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week.
There should be a weekly holiday.2.Health: For protecting the health of workers, the Act lays down that every factory shall be kept clean and all necessary precautions shall be taken in this regard. The factories should have proper drainage system, adequate lighting, ventilation, temperature etc.
- Adequate arrangements for drinking water should be made.
- Sufficient latrine and urinals should be provided at convenient places.
- These should be easily accessible to workers and must be kept cleaned.3.
- Safety: In order to provide safety to the workers, the Act provides that the machinery should be fenced, no young person shall work at any dangerous machine, in confined spaces, there should be provision for manholes of adequate size so that in case of emergency the workers can escape.4.
Welfare: For the welfare of the workers, the Act provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers. Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters, rest rooms’ and lunch rooms, crèches, should be there.5.
- Penalties:- The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence.
- The following penalties can be imposed:- (a) Imprisonment for a term which may extend to one year; (b) Fine which may extend to one lakh rupees; or (c) Both fine and imprisonment.
If a worker misuses an appliance related to welfare, safety and health of workers, or in relation to discharge of his duties, he can be imposed a penalty of Rs.500/-. Applicability of Factories Act, 1948 The Act is applicable to any factory whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on; but this does not include a mine, or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.
Importance of Factories Act, 1948 The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is essentially to safeguard the interests of workers, stop their exploitation and take care of their safety, hygiene and welfare at their places of work. It casts various obligations, duties and responsibilities on the occupier of a factory and also on the factory manager.
Amendments to the Act and court decisions have further extended the nature and scope of the concept of occupier, especially vis-a-vis hazardous processes in factories. Definitions 1.Who is an Occupier? According to section 2(n) “occupier” of a factory means the person, who has ultimate control over the affairs of the factory, Provided that- (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; (ii) in the case of a company, any one of the directors, shall be deemed to be the occupier: (iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier: Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, (1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under- (a) section 6, section 7, section 7A, section 7B, section 11 or section 12; (b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock; (e) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance; (2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to- (a) the workers employed directly by him or by or through any agency; and (b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person.
- ION Exchange India Ltd.V.Deputy Chief Inspector of factories, Salem (1996).It was held that owner can nominate any person tobe in ultimate control over the affairs of a factory.
- If no one else has been nominated to be in ultimate control over the affairs of the company, Director of a company or any partner of partnership is deemed to be the occupier.2.
What is a factory? According to section 2(m) “factory” means any premises including the precincts thereof- (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, – but does not include a mine subject to the operation of the Mines Act, 1952 (XXXV of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place; Explanation I- For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account; Explanation II.-For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof; 3.
Who is a Worker? According to section 2(l) “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 cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union; 4.
What is a Manufacturing Process? According to section 2(k) “manufacturing process” means any process for- (i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal; or (ii) Pumping oil, water, sewage, or any other substance; or (iii) Generating, transforming or transmitting power; or (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding; or (v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) Preserving or storing any article in cold storage; 5.
What is hazardous process? According to section 2(cb) “hazardous process” means any process or activity in relation to an industry specified in the ‘First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would- (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:- Provided that the State Government may, by notification in the official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule; Duties of Occupier The Duties of Occupier have been clearly mentioned in the following sections of Factories Act, 1948: – 1.
Notice by Occupier (Section 7) The occupier shall, send to the Chief Inspector a written notice in respect of all establishments which come within the scope of the Act for the first time, before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, whenever a new manager is appointed.
During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.2.
General Duties of the Occupier(Section7A) # To ensure the health, safety and welfare of all workers while they are at work in the factory. # To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers.
# To provide arrangements in the factory for ensuring safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances # To provide such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work.
# To maintain all places of work in the factory in a condition that is safe and without risks to health and to provide and maintain such means of access to, and egress from, such places as are safe and without such risks. # To provide, maintain or monitor such working environment in the factory for the workers that is safe, without risk to health and adequate as regards facilities and arrangements for their welfare at work.
- To prepare a written statement of his general policy with respect to the health and safety of the workers at work and the organization and arrangements in force for carrying out that policy.3.
- Appointment of Safety officers.
- Section 40-B) It shall be the duty of the of the Occupier to Appoint a Safety officer in a factory:- (i) Wherein one thousand or more workers are ordinarily employed, or (ii) Wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, if so required by the State Government by notification in the official Gazette.4.
Compulsory Disclosure of Information by the Occupier. (Section 41-B) Compulsory disclosure of information by the occupier – # The occupier of every factory involving a hazardous process shall disclose in the manner prescribed to the Chief Inspector and the local authority.
- The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimates such policy to the Chief Inspector and the local authority.
- Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place.
# The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity.5.
Specific Responsibility of the occupier in relation to Hazardous Process. (Section 41-C) Every occupier of a factory involving any hazardous process shall- # maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory # appoint persons who possess qualifications and experience in handling hazardous substances # Provide for medical examination of every worker.6.
Worker’s Participation in safety management. (Section 41-G) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.7.
- Right of Workers to be warned about imminent dangers.
- Section 41-H) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector.8.
Facilities for sitting and Canteens. (Section 42 to 49) It is the duty of occupier to provide welfare facilities like Lunch rooms, Canteen, Crèche, Washing facilities, first-aid appliances etc. to all workers and to appoint a welfare officer.9. Annual Leave with Wage.(Section 79) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.10.
Safety and Occupational Health Survey. (Section 91-A) The occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such every, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.
Duties of Factory Manager The Duties of Factory Manager are mentioned in the following Sections of Factory Act, 1948: – 1. Right of Workers to be warned about imminent danger. (Section 41-H) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger in the factory where the worker is engaged in any hazardous process and send a report forthwith of the action taken to the nearest Inspector.2.
Notice of periods of work for adults. (Section 61) The manager of the factory shall display correctly and maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work, fix the periods during which each relay of the group may be required to work, classify them into groups according to the nature of their work indicating the number of workers in each group, shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work.3.
Register of Adult Workers. (Section 62) The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory. In State of Maharashtra v.
Sampat Lal Mensukh Bothra (1992),it was held that the obligation to maintain registers is imposed on the manager and 4. Annual Leave with Wage. (Section 79) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.5.
Notice of Certain Dangerous Occurrences. (Section 88A) Notice of certain dangerous occurrences. —Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, 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.6.
Notice of Certain Disease. (Section 89) Where any worker in a factory contracts any disease specified in 1, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.7. Safety and Occupational Health Survey. (Section 91-A) The occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such every, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.8.
Notice of Certain Accidents. (Section 88) Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed to the Chief Inspector.
General Procedure As To Filing of Cases In Case of Factory Accidents Whenever an accident takes place in a factory the Occupier or Factory Manager shall inform the Chief Inspector within a period of forty eight hours or so (Section 88) and shall send Form No.22 containing all the information regarding the said accident to Labour Department, Industrial Health And Safety, which shall inquire into the matter by factory inspector who shall inspect the accident spot, take the witness of the victims, then he shall issue a show cause notice to the Occupier and Factory Manager to reason out the causes of the mis happening.
If the Factory Inspector is not satisfied with the reply given by the factory management he shall institute a case against the Occupier and Factory Manager before Judicial Magistrate First Class, Labour Court (Section 105).Then in case if the party to the disputes are not satisfied with the judgement they shall refer the case to the High Court or and to the Supreme Court respectively.
- Penalties under factory act, 1948 Section 92.
- General penalty for offences.
- Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier or 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 as further fine which may extend to one thousand rupees for each day on which the contravention is so continued.
Provided that where contravention of any of the provisions of Chapter IV or any rule made there under or under section 87 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.
- In this section and in section 94 “serious bodily injury” means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of and phalanges of the hand or foot.
General Manager, Wheel & A. P, Bangalore v. State of Karnataka (1996),It was held in this case that the requirement of obtaining sanction to prosecute is mandatory and taking cognizance of an offence in the absence of sanction cannot be allowed to stand and has to be quashed.
- Provincial Government v.
- Ganpat, AIR 1943 Nag 243.It was held in this case where the occupier or the manager of the factory admits the guilt under Section 92 of the Act, but alleges the clerk of the Factory to be the actual offender, the onus of establishing the innocence is on such occupier or the manager as the case maybe.
Section 94. Enhanced penalty after previous conviction. – (1) If any person who has been convicted of any offence punishable under section 92 is again found guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine, which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both; Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees: Provided further that where contravention of any of the provisions of Chapter IV or any rule made there under or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than thirty-five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury.
- 2) For the purpose of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted.
- Section 95.
- Penalty for obstructing inspector.
- Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any register or other documents kept in his custody in pursuance of this Act or of any rules made there under, or conceals or prevents any workers, in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.
Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.- (1) Whoever fails to comply with or contravenes any of the provisions of sections 41B, 41C or 41H or the rules made there under, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention.
2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years. Section 97. offences by workers. – (1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees.
(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
Exemptions of occupier or manager from liability in certain cases Section 101. Exemption of occupier or manager from liability in certain cases.- Where the occupier or manager of a factory is charged with an offence punishable under this Act he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days’ notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court – (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he was the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be, discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the occupier or manager, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager.
The following changes were made by the factories Act, 1948: – # The definition of the term “Factory” was widened to cover all industrial establishments employing ten or more workers where power was used and 20 or more workers in all other cases. # The distinction between seasonal and non-seasonal factories was abolished.
Under the Act of 1934 the State Governments had power to extend the application of the Act to establishments where more than 10 Workers were employed. Under the Act of 1948, the State Government may extend the provisions of this Act to any establishment irrespective of the number of the workers employed therein and irrespective of the number of the workers employed on therein and irrespective of the fact that manufacturing work is carried by power or otherwise.
The only exception is an establishment where the work is done solely by the members of a family. # Chapter III of the Act of 1934 was split into three parts, dealing with health, safety and welfare of workers. The Act specifies very clearly the minimum requirements under three heads stated above.
- Safety, and welfare are extended to all work places irrespective of the number of workers employed, except premises where processes are carried on by the occupier with the sole aid of his family.
- The minimum age for the admission of children to employment has been raised from 12 to 14 years and the minimum permissible daily hours of work of children were reduced from five to four and a half hour.
# Provisions are made for the licensing and registration of factories and the prior scrutiny by the Factories Inspectorate of the Plans and specifications of factory buildings. # Employment of Children and women between 7 p.m. and 6 a.m. is prohibited. For overtime work the workers are entitled to twice their normal rate of wages.
- The State Government are empowered to make rules requiring the association of the workers in the management of arrangements for the welfare of the workers.
- State Government is obliged to see that all the factories are registered and take a licensing for working, which should be periodically renewed.
Prior approval of the State Government has been made necessary for every New The installation of a Factory or for the extension of an existing factory. Besides mines, the new Act also excludes railway running sheds from the definition of Factories. Changes made in Factories Act, 1948in 2016 The Factories (Amendment) Bill, 2016 The Factories Act 1948was an Act of Parliament passed in the United Kingdom by the Labour government of Clement Attlee.
It was passed with the intention of safeguarding the health of workers and adopted by India. The Factories (Amendment) Bill, 2016 was introduced in Lok Sabha on August 10, 2016 by the Minister for Labour and Employment, Mr. Bandaru Dattatreya. The Bill amends the Factories Act, 1948. The Act regulates the safety, health and welfare of factory workers.
The Bill amends provisions related to overtime hours of work. Key Amendments # (Section 2) Power to make rules on various matters: The Act permits the state government to prescribe rules on a range of matters, including double employment, details of adult workers to be included in the factory’s register, conditions related to exemptions to certain workers, etc.The Bill gives such rule making powers to the central government as well.
Powers to make rules for exemptions to workers:Under the Act, the state government may make rules to (i) define persons who hold management or confidential positions; and (ii) exempt certain types of adult workers (e.g. those engaged for urgent repairs) from fixed working hours, periods of rest, etc.
The Bill gives such rule making powers to both, the central and state governments. Under the Act, such rules will not apply for more than five years. The Bill modifies this provision to state that the five-year limitation will not apply to rules made after the enactment of this Bill.
- Section 64) Overtime hours of work in a quarter: The Act permits the state government to make rules related to the regulation of overtime hours of work.
- However, the total number of hours of overtime must not exceed 50 hours for a quarter.
- The Bill raises this limit to 100 hours.
- Rules in this regard may be prescribed by the central government as well.
# (Section 65) Overtime hours if factory has higher workload: The Act enables the state government to permit adult workers in a factory to work overtime hours if the factory has an exceptional work load. Further the total number of hours of overtime work in a quarter must not exceed 75.
- The Bill permits the central or state government to raise this limit to 115 Overtime in public interest: The Bill introduces a provision which permits the central or state government to extend the 115-hour limit to 125 hours.
- It may do so because of (i) excessive work load in the factory and (ii) public interest Conclusion The present Factories Act in operation for the last 37 years has provided ample benefits to the factory workers.
It has considerably improved their working and employment conditions. The Government is actively considering the introduction of some vital amendments to the Act to keep it in tune with time and make it more effective While dealing with the duties of the Occupier and Factory Manager under Factories Act 1948, altogether we can conclude that the Occupier and Factory Manager has a vital role to play in assuring the health, safety and welfare of the workers as they are the backbone of the industrial sector.
Why did the British set a factories in India?
Indian Industries During British Rule In the past, India was considered as a well-known industry for textiles and handicrafts. History is full of such information that India was an established nation dealing in textile, spices and metals, silk, cotton, and more.
After the arrival of British, these industries were destroyed slowly as the Britishers followed the process of de-industrialisation of Indian industries to make way for British industries to flourish. Following points will throw light on the situation of industries during the British rule: 1.The decay of handicraft industries: The traditional handicraft industries in India were flourishing and were known worldwide.
However, with the British arriving in India, they stopped the practice of using hand crafted exports by placing tariffs on them. Also, there was stiff competition from the machine-made products. With the introduction of railways, the reach of British products increased to every corner of the country.
- All these factors led to the downfall of textile and handicraft industries in India.2.
- Slow growth of modern industries: The presence of a lopsided infrastructure resulted in the limited or slow growth of enterprises.
- Besides, there was a scarcity of basic and heavy industries that hindered the growth.
|Q.1 What was the state of the industrial sector under British rule?|
|Explanation||Similar to the agriculture sector in India, the industrial sector also did not see much growth and development.|
|Following were the major reasons that were responsible for a bleak growth of the industrial sector:|
|Systematic de-industrialisation|| The primary motive of Britishers behind de-industrialisation was two-fold.
|Lopsided modern industrial structure|| British rulers never permitted modernisation nor did they encourage the growth of industries.
|Lacking capital goods industry||Capital goods industry refers to the industry that produces goods such as machines, tools, and more that are further capable of producing consumer goods. The primary objective of the British rulers was to develop such an industry in India that would never be able to compete with the British industry. They want to make the Indian industry dependent upon the British industry for capital goods.|
|Q.2 What was the two-fold motive behind the systematic de-industrialisation affected by the British in pre-independent India? (NCERT)|
|Two-fold motives||1. First Motive: To get the raw materials from India at a cheap rate and thus, to reduce India to a mere exporter of raw materials to the British industries.2. Second Motive : To sell the British manufactured goods in the Indian market at higher prices.|
- (i) Cotton textile industries
- (ii) Jute textile industries
- (iii) Iron and steel industries
- (iv) Sugar industries
- (v) Cement industries
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What does Factories Act, 1948 says?
The Factories Act,1948, and Model Rules and Notifications The Factories Act, 1948 is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. The objective of the Act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term ‘factory’ as used in the Act.
What was the British Factory Act of 1847?
1844 – inconsistent votes on the ten-hour day; a twelve-hour Act is passed – In 1844 Graham again introduced a Bill to bring in a new Factory Act and repeal the 1833 Factory Act. The Bill gave educational issues a wide berth, but otherwise largely repeated the ‘labour clauses’ of Graham’s 1843 Bill, with the important difference that the existing protection of young persons (a twelve-hour day and a ban on ) was now extended to women of all ages.
In Committee, Lord Ashley moved an amendment to the bill’s clause 2, which defined the terms used in subsequent (substantive) clauses; his amendment changed the definition of ‘night’ to 6 p.m. to 6 a.m.-after allowing 90 minutes for meal-breaks only ten-and-a-half hours could be worked; this passed by nine votes.
On clause 8, limiting the hours of work for women and young persons, the motion setting a twelve-hour day was defeated (by three votes: 183-186) but Lord Ashley’s motion setting the limit at ten hours was also defeated (by seven votes:181-188). Voting on this Bill was not on party lines, the issue revealing both parties to be split into various factions.
I never remember. a more curious political state of things, such intermingling of parties, such a confusion of opposition, a question so much more open than any question ever was before, and yet not made so or acknowledged to be so with the Government ; so much zeal, asperity, and animosity, so many reproaches hurled backwards and forwards.
The Government have brought forward their measure in a very positive way, and have clung to it with great tenacity; rejecting all compromise, they have been abandoned by nearly half their supporters, and nothing can exceed their chagrin and soreness at being so forsaken.
John Russell, voting for ‘ ten hours ‘ after all he professed last year, has filled the world with amazement, and many of his own friends with indignation. The Opposition was divided, Palmerston and Lord John one way. Baring and Labouchere the other. It has been a very queer affair. Some voted, not knowing how they ought to vote, and, following those they are accustomed to following, many who voted against the Government afterwards said they believed they were wrong.
Melbourne is all against Ashley ; all the political economists, of course ; Lord Spencer strong against him. Faced with these contradictory votes, and having considered and rejected the option of compromising on some intermediate time such as eleven hours, Graham withdrew the Bill, preferring to replace it by a new one which amended, rather than repealed, the 1833 Act.
The 1833 definition of night time being unaltered the revised Bill gave no opportunity to redefine ‘night’ and Lord Ashley’s amendment to limit the working day for women and young persons to ten hours was defeated heavily (295 against, 198 for), it having been made clear that the Ministers would resign if they lost the vote.
As a result, the again set a twelve-hour day. But – had warned the government during the debate on clause 8 – the moral effect of Ashley’s first victory could never be undone by any subsequent vote:,could any Government suppose that any such course would turn back into its former channels the feelings of the people, or make them forget what had passed the other night? No! the people would not forget it, and the Government would do well not to think so.
He thought it very unimportant which way the majority turned this evening, as regarded the fate of the Measure; because it was already, above all governments and all majorities, absolutely decided. It was impossible now for any Government to stop a ten hours Bill. It was, in every moral sense, as much a part of the law of this country as any part of this interfering Bill which he held in his hand.
What is Indian Factories Act 1987?
The Factories Act is the principal legislation, which governs the health, safety, and welfare of workers in factories. The Act extends to the whole of India. Mines and Railways workers are not included as they are covered by separate Acts. The new Act addressed the issues of safety, health, and welfare. Many amendments were aimed to keep the Act in tune with the developments in the field of health and safety. However, it was not until 1987 that the elements of occupational health and safety, and prevention and protection of workers employed in hazardous process, got truly incorporated in the Act. A factory under the Act is defined as a place using power, employs 10 or more workers, or 20 or more workers without power or were working any day of the preceding 12 months. However, under section 85, the state governments are empowered to extend the provisions of the Act to factories employing fewer workers also. This section has been used to extend the coverage of the Act to workplaces like power looms, rice mills, flour mills, oil mills, saw mills, pesticide formulating units and other chemical units where hazards to health are considered to put workers at risk. Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises. “Occupier” of a factory means the person who has ultimate control over the affair of the factory. The Act does not permit the employment of women and young in a dangerous process or operation. Children are defined, “who have not attained an age of 15 years”, are not permitted to be hired (Sec.2, 67) and need to have medical fitness certificates if he/she is has to work and age is not confirmed (Sec 69). Section 11 to 20 deal with provision of environmental sanitation that protect the worker from hazardous environment. Cleanliness of the working place, privy, benches, stairs, wall etc. are explained (Sec.11). Disposal of wastes and effluents should be without any risk (sec.12). Ventilation, temperature inside factory, dust and fumes emission, lighting, artificial humidification, overcrowding (minimum of 50 cubic meters per person) are specified (Secs.13-17). There should be a provision for sae and cool drinking water and provision of water in the latrine and urinal. One latrine for 25 female workers but one for 25 male workers up to 100 and one for 50 thereafter. One urinal for 50 person up to 500 men and after that one for every 100 more. Safety measures like fencing of machines, protection of eyes by use of goggles, precautions against fire, dangerous fumes, etc. are defined (Secs 21-40). Facilities for washing, and sitting, canteens, creche (one for more than 30 women) and first aid appliances are provided (Secs.42-48). One Welfare Officer for 500 or more workers is suggested (Sec.49). There is provision for one weekly holiday, and not more than 48 hours in a week an adult worker should work. There is at least half an hour rest after a stretch of 5 hours of continuous work. No women should be employed between 7 p.m. and 6 a.m. (Secs.51-66). No person less than 14 years of age should work in the factory. No child should work more than 4 hours a day and should not work in the night between 10 p.m. to 6 a.m. One full wage leave should be given to an adult worker for every 20 days of work and one for every 15 days to the child worker.12 weeks of maternity leave should be given to a woman. If an accident occurs in any factory causing death or bodily injury or prevents a worker from working for more than 48 hours, the manager must immediately send notice to the prescribed authority (i.e. Labour commissioner). Following are the Notifiable Diseases:
1. Lead poisoning or its sequelae 2. Lead tetra-ethyl poisoning or its sequelae 3. Phosphorus poisoning or its sequelae 4. Mercury poisoning or its sequelae 5. Manganese poisoning or its sequelae 6. Arsenic poisoning or its sequelae 7. Poisoning by nitrous fumes 8.
Carbon bisulphite poisoning 9. Benzene and its derivatives poisoning or its sequelae 10. Chrome ulceration or its sequelae 11. Anthax 12. Silicosis 13. Poisoning by halogens or its derivatives of hydrocarbons 14. Pathological manifestation due to radium, radioactive substances, or X-rays 15. Primary epitheliomatous cancer of the skin 16.
Toxic anemia 17. Toxic jaundice due to poisonous substances 18. Oil acne or dermatitis due to mineral oil or its derivatives in any form 19. Byssinosis 20. Asbestosis 21. Occupational or contact dermatitis caused by direct contact with chemical or paints.
However, the Act do not have provision for some important places of work like hospitals, fire stations, and other where serious health and safety risks may exist. The process of automation and the industrial revolution heralded by microelectronics which has resulted in computer based production methods, increasing use of robots, lasers, and new welding technologies have totally transformed the workplace. Consequent upon this change, the role of labour inspection has also changed and needs reorientation. Inspectors need additional skills and expertise and a new approach when assessing and evaluating workplace hazards. This has not happened in India. The increasing complexity of workplace and transfer of technologies due to a burst in economic activities requires that inspectors should possess reasonable amount of knowledge of occupational safety and health. Many new chemicals and processes which could be hazardous like garment manufacturing, and colouring, ergonomic problems, should be included in notifiable diseases. It is more logical to notify the hazards exposure rather than diseases. From same exposure one can have many diseases or health effects. There is a difficulty of making diagnosis of occupational diseases because of non-availability of skilled manpowers and laboratories in the country.
What are the factory laws in India?
The law relating to the regulation of labour employed in factories in India was embodied in The Factories Act, 1934. It was amended several times but its general framework remained unchanged. Application of this Act revealed a number of defects and weaknesses which hampered effective administration.
- In the meanwhile industrial activities in the country grew to a very large extent and it became essential to overhaul the Factories law.
- To achieve this objective the Factories Bill was introduced in the Legislature.
- STATEMENT OF OBJECTS AND REASONS he existing law relating to the regulation of labour employed in factories in India is embodied in the Factories Act, 1934,
Experience of the working of the Act has revealed a number of defects and weaknesses which hamper effective administration. Although the act has been amended in certain respects in a piecemeal fashion whenever some particular aspect of labour safety or welfare assumed urgent importance, the general framework has remained unchanged.
The provisions for the safety, health and welfare of workers are generally found to be inadequate and unsatisfactory and even such protection as is provided does not extent to the large mass of workers employed in work places not covered by the Act. In view of tile large and growing industrial activities in the country, a radical overhauling of the Factories law is essentially called for and cannot be delayed.
The proposed legislation differs materially from the existing law in several respects. Some of the important features are herein mentioned. Under the definition of “Factory” in the Act of 1934, several undertakings are excluded from its scope but it is essential that important basic provisions relating to health, working hours, holidays lighting and ventilation, should be extended to all workplaces in view of the unsatisfactory state of affairs now prevailing in unregulated factories.
- Further, the present distinction between seasonal and perennial factories which has little justification has been done away with.
- The minimum age of employment for children has been raised from 12 to 13 and their working hours reduced from 5 to 4 ½ with powers to Provincial Governments to prescribe even a higher minimum age for employment in hazardous undertakings.
The present Act is very general in character and leaves too much to the rule-making powers of the Provincial Governments. While some of them do have rules of varying stringency, the position on the whole is not quite satisfactory. This defect is sought to be remedied by laying down clearly in the Bill itself the minimum requirements regarding health (cleanliness, ventilation and temperature, dangerous dusts and fumes, lighting and control of glare, etc.) safety (eye protection, control of explosive and inflammable dusts, etc.), and general welfare of workers (washing facilities, first-aid, canteens, shelter rooms, creches, etc.) amplified where necessary, by rules and regulations to be prescribed by Provincial Governments.
Further, the present Act leaves important and complex points to the discretion of Inspectors placing heavy responsibility on them. In view of the specialized, and hazardous nature of the processes employed in the factories it is too much to expect Inspectors to possess an expert knowledge of all these matters.
The detailed provisions contained in the Bill will go a long way in lightening their burden. Some difficulties experienced in the administration of the Act, especially relating to hours of employment, holidays with pay, etc. have been met by making the provisions more definite and clearer.
- The penalty clauses have also been simplified.
- An important provision has also been made in the Bill empowering Provincial Governments to require the every factory should be registered and should take a licence for working to be renewed at periodical intervals.
- Provincial Governments are further being empowered to require that before a new factory is constructed or any extensions are made to an existing one, the plans designs and specifications of the proposed construction should receive their prior approval.
It is expected that the Bill, when enacted into law, will considerably advance the condition of workers in factories. The substantial changes made in the existing law are also indicated in the Notes on Clauses, Opportunity has also been taken to arrange the existing law and to revise expressions, where necessary.
|LIST OF AMENDING ACTS AND ADAPTATION ORDER|
|1.||The Repealing and Amending Act, 1949 (40 of 1949).|
|2.||The Adaptation of Laws Order, 1950.|
|3.||The Repealing and Amending Act, 1950 (35 of 1950).|
|4.||The Part B States (Laws) Act, 1951 (3 of 1951).|
|5.||The Factories (Amendment) Act, 1954 (25 of 1954).|
|6.||The Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (51 of 1970).|
|7.||The Factories (Amendment) Act, 1976 (94 of 1976).|
|8.||The Factories (Amendment) Act, 1987 (20 of 1987).|
What is the latest factory act in India?
The Amendment Bill has been passed in the Lok Sabha on 10 August 2016 and now is pending in Rajya Sabha. Government to prescribe rules on a range of matters, including double employment, details of adult workers to be included in the factory’s register, conditions related to exemptions to certain workers, etc.
What is the meaning of factory in the Factory Act?
(m) ‘factory’ means any premises including the precincts thereof — (i) whereon ten or more workers are working, or were working on any day of the preceding. twelve months, and in any part of which a manufacturing process is being carried on with the aid. of power, or is ordinarily so carried on, or.
When was the very first factory act in India?
The first Factories Act was adopted in the year 1881. Following this Act, a Factory Commission was appointed in the year 1885. The basic purpose of this Act was to reduce the factory working hours and to improve the condition of workers in a factory.