Professional Documents
Culture Documents
INTRODUCTION:
First factories act was passed in 1881. The object was to improve working conditions of
workers in factory. Before the act was passed the working conditions were very poor,
with excessive working hours and almost no facilities, there were no safety measures, to
prevent accident. The Act was amended in 1891, 1919,1934 and then it was completely
restructured in 1948.
IMPORTANT DEFINATION:
(a) 10 or more workers are working and in any part of which manufacturing process
is carried out with the aid of power or is ordinarily carried on.
(b) Where 20 or more workers are working and any part of which manufacturing
process is carried out without aid of power or is ordinarily carried on.
But it does not include –
i) A mine
ii) Railway running shed
iii) Hotel, restaurant or eating place.
EXPLANATION;
1. The factory is define by considering the premises hence a factory may not have a
building.
2. It is necessary that manufacturing process is carried out.
3. The manufacturing process need not be carried on in the whole premises and all
the time hence accounts department is also a factory if manufacturing process is
carried on in the machine shop.
4. If the manufacturing process is carried on with the aid of power 10 workers would
make it a factory and if the manufacturing is carried on without the aid of power
then 20 workers would make it a factory.
WORKERS
Means a person employed directly or through contractor with or without the knowledge
of principal employer whether for remuneration or not in any manufacturing process or
cleaning any part of machinery used for M.P. or any other work which is connected with
the MP but close not include any member of defense process.
EXPLANATION
EXPLANATION
MP has very wide interpretation. It is not necessary that a new article is created out
of MP pumping water, obtaining salt from sea water are examples of MP. Similarly
cloths, washing garments is also a MP.
OCCUPIER Means the person who has ultimate control over the affairs of the
factory –
(a) In the case of a firm anyone of the individual partners shall be deemed to be a
occupier.
(b) In the case of a company anyone of the director shall be deemed to be a occupier.
(c) In the case of a factory controlled by the state or Central Govt. the person
appointed by such govt. to manage the affairs of factory.
(a) Maintenance of the plans in the same condition without any risk to health.
(b) Arrangements for the used, storage and transport of various articles in a same
manner
(c) Giving information, instruction and training to the workers for their health and
safety.
(d) Providing safe entry and exit to and from the places where workers work.
(e) Maintaining such working environment with adequate welfare facility.
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2. Every occupier shall prepare a written statement of his general policy about his
health and safety of workers. He shall revise the policy as often as necessary.
CERTIFYING SURGEON
HEALTH PROVISIONS
1. CLEANLINESS
(a) Every factory shall be kept clean and free from effluvia (
) arising from any drain etc.
(b) Dust shall be remove daily by sweeping and disposed of in a suitable
manner.
(c) If the floor becomes wet due to MP effective means of drainage shall be
provided.
(d) All the walls, partitions and ceilings shall be either painted or white wash
once in 14 months and the dates of such work shall be recorded in a
register.
2. DISPOSAL OF WASTE:
(a) Effective arrangement shall be made in any factory for the treatment of waste
and MP so that; they become harmless.
(b) The State Govt. shall make rules prescribing the arrangements.
(a) Every factory shall have suitable provision for adequate ventilation by circulation
of fresh air.
(b) The temperature shall be such which is comfortable to the workers.
(c) Walls and rooms shall be of such; material so that the temperature is as low as
possible.
(d) State Govt. prescribes standards of adequate ventilation and reasonable
temperature for different factories.
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(a) In certain factories dust or fume is created due to MP which may be injurious to
workers effective measures shall be taken to prevent inhalation.
(b) Wherever necessary exost fans shall be installed.
5. ARTIFICAL HUMIDIFICATION
6. OVER CROWING
(a) If any workroom is overcrowded, it affects efficient working and also may lead to
accidents.
(c) Hence 14.2 cubic meters of space has to be available for every worker of a
factory.
7. LIGHTING
(a) In every part of factory where workers are working or passing there shall be
provided sufficient & suitable lighting natural or artificial shall be provided and
maintained or both.
(b) Direct glare from light and formation of shadows shall be avoided.
8. DRINKING WATER
(a) Suitable water points shall be conveniently situated to provide sufficient supply of
wholesome drinking water.
(b) The water points shall be marked as “Drinking water” in a language understood
by majority of workers.
(c) Such points shall be at least 6 meters away from any urinal, latrine etc.
(d) Where more than 25o workers are employed, cool drinking water shall be
provided during hot season.
(a) Sufficient latrines and urinals arrangement shall be provided at convenient places
for workers.
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(b) This arrangement has to be separate from male and female workers and has to be
adequately lighted and ventilated. It shall be kept clean and in s sanitary
condition.
10. SPITTOONS
(a) Sufficient number of spittoons shall be provided at convenient places and they
shall be maintained in a hygienic conditions.
(b) The number of spittoons shall be prescribed by the State Govt.
(c) No person shall spit except in the spittoon and any person breaking this rule
shall be punished with fine.
SAFETY PROVISIONS
1. FENCING OF MACHINARY
Every moving part of a prime mover, every part of electric generator, transmission
machinery and dangerous part of other machinery shall be securely fenced.
2. WORK ON OR NEAR MACHINERY IN MOTION
If it is necessary to examine the machinery in motion or to carry out lubrication or
adjusting operation, it shall be doe only by a specially trained adult make worker.
9. PRESSURE PLANT
(a) If any plant or machinery is operated at a pressure above the atmospheric
pressure, effective measures shall be taken to ensure its safe working.
(b) State Govt. makes the rules for the examination and tests for such plant.
WEEKLY HOURS
No adult worker shall work for more than 48 hours in a week.
WEEKLY HOLIDAY
No adult worker shall work on the first day of week unless he has a holiday during the
three days before of after first day.
COMPENSATORY HOLIDAY
If a worker does not get holiday because of adjustment of working day he shall be
allowed compensatory holiday within one month.
DAILY HOURS
No worker shall work for more than 9 hours in any day.
REST INTERVAL
No worker shall work for more than 5 hours continuously unless he is given a rest
interval for atleast half an hour.
SPREAD OVER
The periods of work shall be arranged in such a way that the spread over is not for more
than 10 &1/2 hours.
NIGHT SHIFT
If a worker work in a shift which extend beyond to a midnight, his weekly holiday shall
be for 24 hours beginning at the end of his shift.
OVERTIME WAGES
If a worker work for more than 9 hours in a day or more than 48 hours a week, he shall be
paid overtime wages at the rate of twice the rate of ordinary wages.
(1) Every worker who has worked for a period of 240 days or more in a factory
during a calendar year shall be allowed during the subsequent calendar year, leave
with wages for a number of days calculated at the rate of –
(i) if an adult, one day for every twenty days of work performed by him during the
previous calendar year;
(ii) if a child, one day for every fifteen days of work formed by him during the
previous calendar year.