Factories Act- 1948 FULL REPORT
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Factories Act- 1948
Introduction
Definitions

Hours of Work
Power to declare different departments to be separate factories or two or more  factories to be a single factory
Power to exempt during public emergency
Approval, licensing and registration
Notice by Occupier
Welfare Facilities
SAFETY
According to the Provisions of the Act (Sections 21 to 41)
To fence dangerous parts of the machines.
To prohibit employment of women and children near cotton openers.
To protect workers repairing machinery in motion.
To keep all floors, steps, stairs, passages and gangways in good condition.
To prohibit any person from carrying or moving any load so heavy as to be likely to cause him injury.
To protect workers from injury to eyes.
To protect workers from dangerous fumes.
To provide workers from fire and provide for precautionary measures.
Sections 40 and 40-A
If any building or a part of the building, machinery or plant in factory is in such a condition or a state of disrepair as to be dangerous to human life, he may serve on the occupier or manager an order in writing, specifying the measures which should be taken and requiring the same to be carried out before a specified date.
Section 40-B
In every factory wherein 1,000 or more workers are employed or in the opinion of the State Government, any manufacturing process or operation involves any risk of bodily injury, poisoning or disease, the occupier shall, if so required by the State Government, employ Safety Officers.
The duties, qualifications and conditions of safety officers shall be as prescribed by the State Government.
Additional Health and Safety Provisions
New Provisions added on Health and Safety to the Factories Act, 1987:
Section 7A
Every occupier shall ensure the health and safety at work of all workers.
Section 7B
Every person who designs, manufactures or imports any article for use in factory shall ensure that the article so designed to be safe and without risks to the health of workers when properly used.
Section 41A
Provisions regarding grant of permission of the initial location of factory involving hazardous process or expansion of the factory- Site Appraisal Committee.
Section 41B
The occupier of every factory involving a hazardous process shall disclose to the Chief Inspector all information regarding dangers and measures to overcome these hazards.
Section 41C
Every occupier of a factory involving any hazardous process, shall maintain accurate and up-to-date health records of the workers exposed to any harmful substances.
Section 41D
Enquiry Committee: Authorized by the Central Government
Section 41E
Central Government lays down emergency standards of safety in hazardous processes.
Section 41F
The maximum permissible threshold limits of exposures of chemical and toxic substances shall be of the value indicated in the Second schedule.
Section 41G
The occupier shall in any factory, where a hazardous process takes place, setup Safety Committee- consists of equal number of representatives of workers and management to promote co-operation in maintaining health and safety at work.
Section 41H
Gives right to workers employed in any hazardous process to warn about imminent danger to their lives or health due to any accident.
WELFARE
Sections 42 to 50:

42: Separate and adequate washing facilities for male and female.
43: Facilities for storing of clothes not worn during working hours and drying of wet clothing.
44: Facilities for sitting of workers.
45: First Aid Boxes-150 workers-readily accessible during working hours in the factory.
46: Ambulance rooms-500 or workers- prescribed size, equipment, medical and nursing staffs.
47: Canteens-250 workers-no-profit basis-Canteen Management Committee.
48: Adequate rest rooms/lunch rooms-150 workers-this provision shall not be required if Canteen according to section 47 has been provided.
49: Crèche -more than 30 women workers-for the use of children under the age of 6 yrs of such women- adequately lighted and ventilated and under charge of women trained in the care of children and infants.
50: Welfare Officers- more than 500 workers.
HOURS OF WORK
The main restrictive provisions of the Act about working hours of adults under Sections:
51: A worker cannot be employed for more than 48 hrs in a week.
52: He must be given a holiday for a whole day in every week.
53: If deprived of any weekly holidays, he shall be given compensatory holiday.
54: A worker cannot be employed for more than 9 hrs in a day.
55: A worker must be given an interval of rest of at least half an hour after 5 hrs of work.
56: The total periods of work, inclusive of rest interval, must not be spread over more than 10 and half hrs in a day.
59: If a worker works for more than 9 hrs in a day, he shall be paid for overtime work at the rate of twice the ordinary rate of wages.
Annual Leave with Wages
The main provision of the act about the grant of annual leave with wages are:
A worker shall be allowed in every calendar year annual leave with wages at the rate of 1 day for every 20days of work performed by him.
A child worker the annual leave with wages is to be allowed on the basis as above but at the rate of one day for every 15days of work performed.
Leave can be accumulated up to 30days in the case of an audlt and 40 days in the case of a child.
Wages for leave allowed shall be paid before the leave begins.
In the case of a worker who is discharged or dismissed from service or who quits employment or dies while in services he or his or nominee must be paid wages in lieu of annual leave
Abstract and Notices
A notices containing abstract of the act and of the rules made there under, in English and in a language understood by the majority of the workers, shall be displayed in every factory at some convenient palce at or near its main entrance.
The manager of a factory is required to send to the appropriate authorities:
i) A notices of certain accidents resulting in death or bodily injury which prevent the injured person from working period of 48 hours or more(section88)
ii) In case o f any dangerous occurrence in a factory, whether causing bodily injury or disability or not, the manger of the factory is required to send notices to the authorities concerned(section88A)
iii) If a worker in a factory contracts any disease specified in the schedule, the manager is required to send notice to the appropriate authorities(section 89)
Special coverage
The state government may by notification in the official gazette, declare that all or any of the provisions of the act shall apply to any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily on not withstanding that
The number of persons employed therein is less than ten if working with the aid of power and less than 20 if working without the aid of power
Offences and Penalties
The various offences under the act and the punishment thereof:
If in any factory there is any contravention of the preventions of the act the occupier and manger of the factory may each be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to 1lakh rupees or with both(section92)
If an occupier or manager convicted of an offence under a) above commits the offence again, he may be punished with imprisonment up to 3 years or with fine of not less than ten thousand rupees which may extend to two lakh rupees(section 94)
If any worker contravenes any provision of the act or any rules or orders made there under, he may be punished with fine up to Rs.500(section 97)
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