Wednesday, July 23, 2014

Factories Act - Part II

Section 51 – WEEKLY HOURS
Maximum 48 hours a week for an Adult Worker

Section 51 – WEEKLY HOLIDAYS
1.       No adult worker is allowed to work on the first day (hereinafter referred as “said day” of the week, unless:
a.       He has or will have a whole day holiday – 3 days immediately before or after the said day
b.      The manager of the factory before the said day –
                                                               i.      delivered a notice at the office of the Inspector
                                                             ii.      displayed a notice to that effect in the factory
2.       Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

Section 53 – COMPENSATORY HOLIDAY
a worker who is deprived of any of the weekly holidays for which provision is made in sub-section (1) of  section 52, shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

Section 54 – DAILY HOURS
Maximum 9 Hours a day – Adult Worker

Section 55 – INTERVALS FOR REST
Rest of half an hour for each 5 hours work
The Chief Inspector, may, by written order, exempt any factory from the provision, so however that the total number of hours worked by a worker without an interval does not exceed six.

Section 56 – SPREADOVER
Shall not spreadover more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in in writing, increase the spreadover up to twelve hours

Section 57 – NIGHT SHIFTS

Section 58 - PROHIBITION OF OVERLAPPING SHIFTS
1.       Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged, in work of the same kind at the same time.

2.       The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).

Section 59 – EXTRA WAGE FOR OVERTIME
Where a worker works in a factory more than 9 hours in a day or 48 hours in a week entitle for overtime - @ rate of twice his ordinary (Basic + D.A.) rate of wages.

Section 60 – RESTRICTION ON DOUBLE EMPLOYMENT
Not allowed to work in any factory an any day on which he has already been working in any other factory

Section 61 – NOTICE OF PERIODS OF WORK FOR ADULT

Section 62 – REGISTER OF ADULT WORK
1.       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, showing
a.       The name of each adult worker in the factory;
b.      The nature of his work;
c.       The group, if any, in which he is included;
d.      Where his group works on shifts, the relay to which he is allotted; and
e.      Such other particulars as may be prescribed 


Section 66 – FURTHER RESTRICTION ON EMPLOYMENT OF WOMEN
1.       No woman is allowed to work except between the hours 6.00 AM – 7.00 PM
2.       No exemption in daily hours
3.       No change of shifts except after a weekly holiday
(Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits, but no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.)

Section 67 – PROHIBITION OF EMPLOYMENT OF YOUNG CHILDREN
Child below 14 Years is not allowed to work in a factory

Section 68 – NON-ADULT WORKER TO CARRY TOKENS
1.       Adolescent should carry a certificate of fitness
2.       He should carry the token at his work , which is given in reference to above said certificate

Section 69 – CERTIFICATES OF FITNESS
1.       Given by a Certifying Surgeon on the application of any young person or his parents or guardian accompanied by a document signed by the manager of a factory
2.       Shall be valid only for a period of twelve months from the date of issuance

Section 71 – WORKING HOURS FOR CHILDREN
No child is permitted to work in any factory for more than 4 and a half hour in a day or during the night (10.00 PM – 6.00 AM)
No female child is allowed to work in any factory except between 8.00 AM – 7.00 PM
The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.

Section 79 – ANNUAL LEAVES WITH WAGES
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 no. of days calculated @ rate of –
1.       Adult – 1 day for every 20 days
2.       Child – 1 day for every 15 days
3.       Female – maternity leave, not exceeding 12 weeks
(The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.)

Section 80 – WAGES DURING LEAVE PERIOD
Entitled to wages @ equal to daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave




Sunday, July 20, 2014

Factories Act 1948 - PART I

Objective: to consolidate and amend the law regulating labour in factories

Commencement: 1st day of April, 1949

Various Definitions (Section -2):

Section 2(a) – Adult – who has completed 18 years of the age

Section 2(b) – Adolscent – Age between 15 – 18 years

Section 2 (bb) – Calender Year – period of 12 months

Section 2 (c) – Child – who has not completed 15 years

Section 2 (ca) – Competent Person – people or an institution recognized as such by Chief Inspector for the purpose of carrying out tests, examinations and inspection required to be done in a factory under the provision of this act

Section 2 (g) – Power - Electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency

Section 2(j) – Machinery – includes prime movers (any engine, motor or other appliance which generates / provides power) transmission machines and all other appliances where by power is generated, transformed, transmitted or applied.

Section 2(k) – Manufacturing Process – and process for:
                                            I.            making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal
                                          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,
                                          V.            photogravure or other similar process or book binding; or
                                        VI.            Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (Fact. (Amendment Act 1976) or
                                      VII.            preserving or storing any article in cold storage;

Section 2(l) – Worker – a person employed, directly or by or through agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any 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 armed force of the union.
Section 2 (m) – Factory – means any premises including the precincts there of –

        I.            Where 10 or more are working or were working on any day of preceding 12 months and in any part of which a manufacturing process is being carried on with the aid of power.

      II.            Where 20 or more are working or were working on any day of preceding 12 months and in any part of which a manufacturing process is being carried on without the aid of power.

But, does not include:

        I.            A mine subject to operation of the Mines Act 1952; or
      II.            A mobile unit belonging to the armed forces of the union
    III.            Railway running shed; or
    IV.            A hotel, restaurant or eating place.

Section 2(n) – Occupier – the person who has ultimate control over the affairs of the factory –

        I.            In case of FIRM – any one of the individual partners
      II.            In case of COMPANY – any of the directors
    III.            In case of FACTORY – owned / controlled by central or state government or any local authority, the person or persons appointed to manage the affairs of the factory.

Section 6 – APPROVAL, LINCENCING & REGISTRATION OF FACTORIES:

-          State government frame rules regarding approval, licensing and registration of a factory in order that compliance with the provisions relating to health, safety and welfare could be assured.
-          Prior approval by State Government or Chief Inspector of factory is necessary, for the site and construction of new factory and the extension of new ones.

-          Where a State Government refuse to grant permission to the site, construction or extension of a factory or to the registration and licensing, the applicant may within 30 days of the date of such refusal appeal to Central Government.

Section 7 – GENERAL DUTIES OF OCCUPIER

Section 8 – INSPECTOR:

-          State Government – by notification in the official Gazette

-          Also may appoint:
o   Chief Inspector
o   Additional Chief Inspector
o   Joint Chief Inspector
o   Deputy Chief Inspector

-          Every District Magistrate shall be an inspector for his district

Section 9 – POWER OF INSPECTOR:

-          May enters in the factory
-          Make examination of the premises, plant, machine, article or substance.
-          Inquire into any accident or dangerous occurrence
-          Ask for any register or document relating to the factory
-          Seize or take copies of any register, record or other document
-          Direct the Occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination
-          Take measurement and photographs and make such recordings

Section 10 – CERTIFYING SURGEONS

-          Appointed by State Government

Section 11 – Section 20 – HEALTH:

Section 11
Cleanliness
Section 12
Disposal of Wastes & Effluents
Section 13
Ventilation & Temperature
Section 14
Dust & Fumes
Section 15
Artificial Humidification
Section 16
Overcrowding
Section 17
Lighting
Section 18
Drinking Water
Section 19
Urinals
Section  20
Spittoons

Section 21 – 40A – SAFETY

Section 21
Fencing of Machinary
Section 22
Work on or near machinery in motion
Section23
Employment of young person on dangerous machines
Section24
Striking gears & devices for cutting off power
Section25
Self acting machines
Section26
Casing of new machinery
Section 27
Prohibition of employment of women and children near cotton openers
Section28
Hoists & Lifts
Section29
Lifting Machines, Chains, Ropes and Lifting Tackles
Section30
Revolving Machinery
Section31
Pressure Plant
Section32
Floors, stairs & means of access
Section 33
Pits, sumps, opening in floors
Section 34
Execessive Weights
Section 35
Protection of eyes
Section 36
Precaution against dangerous fumes
Section 36 A
Precautions regarding the use of portable electric lights
Section 37
Explosive or inflammable dust
Section 38
Precaution in case of fire
Section 39
Power to require specifications of defective parts or tests of stability
Section 40
Safety of building & Machinery
Section 40A
Maintenance of building

Section 40B – SAFETY OFFICERS

Every factory, where 1000 or more workers are employed; or
Where in the opinion of State Government, any manufacturing process or operation is carried on and the process involves risk or bodily injury in the factory, employer shall employee such no. of safety officer as may be specified.

Posted under the Chief Executive of the factory and would report only to him.

(Note:  Section 41 A – 41 H – included by Act 20 of 1987, sec. 20 (w.e.f. 1-12-1987).

Section 41A – CONSTITUTION OF SITE APPRAISAL COMMITTES

-          For the purpose of advising State Government in considering applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory
-          Consist of –
o   Chief Inspector  (Chairman of the Committee)
o   Representatives of
§  Central Board for Water Pollution
§  Central Board for Air Pollution
§  State Board for water
§  State board for air
§  Deptt. Of environment of state
§  Metrological deptt. of government of India
§  Town planning deptt. of state
§  Local authority
o   An expert in the field of occupational health

Section 41 B – COMPULSORY DISCLOURE OF INFORMATION BY THE OCCUPIER

Section 41C – SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESSESS

Section41D – POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE

Section41E – EMERGNECY STANDARDS

Section41F – PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL & TOXIC SUBSTANCES

Section41G – WORKERS’ PARTICIPATION IN SAFETY MANAGEMENT

Section41H – RIGHTS OF WORKERS TO WARN ABOUT IMMINENT DANGER

Section42 – 50 – WELFARE

Section 42
Washing facilities
Section 43
Facility for storing and drying clothes
Section 44
Facility for sitting
Section 45
First aid appliances
Section 46
Canteens
Section 47
Shelters, rest rooms and lunch rooms
Section 48
Crèches
Section 49
Welfare officers
Section 50
Power to make rules to supplement this chapter

Section 49 – WELFARE OFFICER
-          500 or more workers

-          State Government may prescribe duties, qualification and conditions of services of officers