The value of workers to streamline factories’ operations is irreplaceable. Their hardwork and dedication help businesses reach heights. Their well being should be the utmost policy of any firm engaged into manufacturing. Our constitution has enacted Factories Act 1948 to protect the rights of workers. Every manufacturer, every worker, even every common man of our society must be aware about the provisions of this Act. Before going further, firstly let’s understand what is Factories Act 1948?
What is the Factories Act 1948?
The Factories Act 1948 emphasizes upon regulating health, physical conditions, forming fair policies for annual leaves and facilitating welfare amenities. It has laid down special provisions in respect of young people, women and children who work in the factories.
Meaning of Factory as per Section 2(m) of the Factories Act, 1948
“Factory means any premiseswhere ten or more than ten workers are working or were working on any day of the preceding twelve months or in any part of which a manufacturing process is carried out with the aid of power or
Twenty or more than twenty workers are or were working preceding twelve months and in any part of which a manufacturing process is being carried out without the aid of power.
Meaning of a Worker as per Section 2(l) of the Factories Act, 1948
“Worker” is a person who is employed directly or through an agency with or without any information about the principal employer whether for remuneration purpose or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process or any other kind of work incidental to, or connected with the manufacturing process, or the subject of the manufacturing process, however does not include any member of the armed forces of the Union.
Objectives of Factories Act 1948
The main objective of the Factories Act 1948 is to ensure adequate safety measures in the factory premises. The Factories Act promotes health & welfare of the workers employed in factories as well as prevents haphazard growth of factories. The Act supports workers from being exploited and casts duties, obligations and responsibilities on the occupier of a factory and also on the factory manager for improving the working conditions within the factory premises.
Features of Factories Act 1948
The features of Factories Act 1948 indicate all the important points related to working hours, welfare, safety and health. Have a look:
1. Working hours: According to the provision of working hours of adults, a worker cannot be allowed to work in a factory for more than 48 hours in a week. A weekly holiday is mandatory.
2. Health: In order to protect the health of workers, Factories Act 1948 has laid down the rules that every factory must be kept neat & clean and all necessary precaution should be taken in this regard. The factories should have adequate lighting, drainage system, temperature, ventilation etc.
The arrangement for drinking water must be made. Also, urinals and sufficient latrine spaces should be provided at convenient places. These places must be kept clean and accessible by the workers.
3. Welfare: The Factories Act 1948 mentions that every factory must provide suitable facilities for washing. Apart from that, facilities for storing & drying clothing and facilities for sitting should be properly provided. The provision of first- aid appliances, rest rooms, shelters, crèches and lunch rooms should be there.
4. Safety: In order to provide safety to the workers,the Act says that the machinery should be fenced. No young person should be allowed to work at any dangerous machine and a provision for manholes of adequate size should be provided, so that in case of emergency the workers can escape.
The duties of occupier mentioned under the sections of Factories Act 1948:
Before the factory is engaged in the manufacturing process, the occupier has to send a written notice to the Chief Inspector within the scope of the Act. Let’s understand his duties in detail:
1. Worker’s participation in safety management (Section 41 - G)
The occupier in every factory where a hazardous process takes place must set up a safety committee to promote co-operation between the workers and management, so that proper safety and health at work can be maintained.
2. Workers should be warned about the possible dangers (Section 41 - H)
The occupier must take remedial action in case there is an existence of any danger and send a report of the action to the nearest inspector.
3. Facilities for sitting and canteens (Section 42 to 49)
It is the duty of an occupier to provide welfare facilities like - canteens, crèche, first aid appliances, lunch room, washing facilities etc to all the workers and appoint a welfare officer to manage these facilities.
4. Notice of period of work for adults (Section 61)
The factory manager shall display and maintain every factory in accordance with the provisions of Sub Section (2) of Section 108. A notice of period of work for adults showing the periods during which the adult workers may be required to work and classify them into groups according to the nature of their work indicating the number of groups in each group needs to be mentioned.
5. 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 the times during working hours or when any work is being carried on in the factory.
6. Annual leave with wage (Section 79)
For the purpose of ensuring continuity of work, representatives of the workers chosen in a prescribed manner may lodge with the Chief Inspector a scheme in writing, whereby the grant of leave will be allowable.
7. Safety and occupational health survey (Section 91 - A)
The occupier or a manager of the factory or any other person needs to take the charge of safety and occupational health surveys. He needs to afford all the facilities including the facilities for the examination and testing of plant and machinery and also the collection of samples or other data relevant data to the survey.
The Factories (Amendment) Bill, 2016
It was introduced in Lok Sabha on 10th August, 2016 by the Minister of Labor and Employment, Mr. Bandaru Dattatreya. The bill amends certain provisions of Factories Act 1948 as given below:
- Power to make rules on various matters: The Act permits the State Government to prescribe on a range of matters like - double employment, conditions related to exemptions of certain workers etc.
- Powers to make rules for exemptions to workers: The Act permits the State Government to prescribe rules on (a) Define persons who hold management and (b) Exempt certain types of adult workers from fixed hours working, periods of rest etc.
- Overtime hours of work in a quarter: The Act permits the State Government to make rules that the overtime must not exceed 50 hours for a quarter. The Bill raises the limit to 100 hours. Rules in this case are prescribed by the Central Government.
In case the factory has an exceptional work load, then the Act enables the State Government to permit adult workers in a factory to work overtime hours. The total overtime in a quarter should 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 because of (i) excessive workload in the factory (ii) public interest.
Penalties under Factory Act 1948
When the provisions of the Factories Act 1948 or any other rules made under this Act are violated, they are treated as an offence. The following penalties can be imposed:
(a) Imprisonment for a duration which may extend to one year.
(b) Fine, which may extend to 1 Lakh rupees or
© Both fine and imprisonment
In case, the worker misuses an appliance related to welfare, health and safety of workers in relation to discharge of his duties, then a penalty of Rs. 500 can be imposed.
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