0801 Module 04 The Factories Act 1948

The Factories Act 1948

Synopsis 

1.     Introduction

2.     Objective of the Act &  Applicability of Act 

3.     Basic definitions 

4.     Health, safety and welfare measures:  

4.1 health measures 

4.2 Safety measures 

4.3 Welfare Measures

5. Working hours of adults and employment of young persons and women

6. Leaves

7. Conclusion 

8. References 

1. Introduction

    The Factories Act, 1948 is a crucial piece of legislation enacted by the Government of India to regulate and improve working conditions in factories. It aims to protect the well-being of workers by setting standards for health, safety, and welfare measures. 

    The Act encompasses various aspects, including definitions, duties of occupiers, provisions for health and safety measures, regulations for working hours and employment of different categories of workers, leave entitlements, and more. In this blog article, we will explore the key provisions of the Act and its significance in promoting a safe and conducive work environment.

2. Objective of the Act and Applicability

    The Factories Act, 1948 has a primary objective of preventing accidents, promoting worker health, and ensuring the welfare of employees in factories. The Act is applicable to premises where manufacturing processes are carried out using power and employing ten or more workers, or without the aid of power with twenty or more workers. It also covers factories engaged in hazardous processes, regardless of the number of workers employed.

3. Basic Definitions

    The Act provides essential definitions that help establish the scope and application of the legislation. 

    

    According to 

    

Section 2(m), a factory is defined as any premises where a manufacturing process takes place with the assistance of power or where twenty or more workers are employed without power. 

Section 2(k) defines "manufacturing process" as any process involved in making, altering, repairing, ornamenting, finishing, packing, cleaning, or demolishing any article or substance.

 

Other crucial definitions include "premises," "precincts," "occupier of the factory" (Section 2(n)), and the duties of the occupier, including ensuring the health, safety, and welfare of workers (Section 7).

4. Health, Safety, and Welfare Measures

    The Factories Act, 1948 lays down detailed provisions for health, safety, and welfare measures in factories to safeguard workers' well-being. These measures are essential for maintaining a safe and healthy work environment.

4.1 Health Measures:

Section 11 mandates cleanliness in factories to prevent health hazards.

Disposal of waste and effluents is addressed under Section 12, emphasizing the proper handling and management of waste materials.

Section 13 focuses on ventilation and temperature control within the factory premises.

Dust and fume control measures are outlined in Section 14 to mitigate respiratory risks.

Artificial humidification, covered in Section 15, ensures the maintenance of appropriate humidity levels in the workplace.

Prevention of overcrowding is highlighted in Section 16 to prevent accidents and discomfort for workers.

Adequate lighting provisions (Section 17), availability of drinking water (Section 18), proper latrine and urinal facilities (Section 19), and provision of spitoons (Section 20) are also emphasized to promote a healthy environment.

4.2 Safety Measures:

Fencing of machinery (Section 21) is mandatory to prevent accidental contact with dangerous equipment.

General safety precautions (Section 22) must be implemented to minimize risks to workers' safety.

Section 23 prohibits the employment of young persons on dangerous machines to protect their well-being.

Striking gear and devices for cutting off power (Section 24) are necessary safety features to avoid accidents during machine operations.

Section 25 addresses self-acting machines, ensuring they are equipped with appropriate safety mechanisms.

Casing of new machinery (Section 26) is crucial to prevent accidental contact with moving parts.

Section 27 prohibits the presence of women and children near cotton openers due to the associated risks.

Safety measures related to hoists and lifts are detailed in Section 28 to prevent accidents during vertical transportation.

4.3 Welfare Measures

Welfare measures are vital for ensuring the overall well-being and comfort of workers in factories. The Factories Act, 1948 incorporates several provisions to address these aspects:

Washing facilities (Section 42) require factories to provide adequate and hygienic facilities for workers to maintain personal hygiene.

Storing and drying clothes (Section 43) is important to ensure workers have proper facilities for storing their work attire and drying them in a clean and safe environment.

Sitting facilities (Section 44) mandate the provision of suitable seating arrangements for workers to rest during breaks.

First aid appliances (Section 45) require factories to maintain first aid boxes equipped with essential supplies to provide immediate medical assistance in case of injuries or illnesses.

Canteens (Section 46) are necessary in factories employing a specified number of workers to ensure the availability of hygienic and nutritious food during working hours.

Shelters, restrooms, and lunchrooms (Section 47) emphasize the provision of suitable spaces for workers to take breaks, rest, and have their meals.

Creches (Section 48) are mandatory in factories employing a certain number of women workers. These facilities provide a safe and nurturing environment for the children of female employees.

Welfare officers (Section 49) must be appointed in factories employing a specified number of workers to facilitate the implementation and monitoring of welfare measures.

Working Hours of Adults and Employment of Young Persons and Women

The Factories Act, 1948 establishes regulations for working hours and employment of different categories of workers.

5. Working Hours:

Section 51 limits the working hours for adult workers to 48 hours per week or nine hours per day. It also mandates a weekly holiday, usually Sunday, for all workers.

Overtime wages (Section 59) must be paid to adult workers for any work performed beyond the normal working hours. The rate should be at least twice their ordinary rate of wages.

Employment of Women, Young Persons, and Children:

Section 54 restricts the employment of women in night shifts, generally between 7:00 p.m. and 6:00 a.m., with exceptions for specific industries and circumstances.

Section 67 prohibits the employment of children below the age of 14 in factories. However, those above 14 but below 18 can be employed with certain conditions to ensure their safety and educational development.

6. Leaves

The Factories Act, 1948 provides provisions for various types of leaves for workers:

Section 79 addresses annual leave with wages, entitling workers who have worked for a minimum of 240 days in a calendar year to annual leave with full wages.

Sick leave with wages (Section 81) allows workers to take leave due to illness while receiving their wages.

Casual leave (Section 79A) is granted at the employer's discretion.

Maternity leave (Section 80) provides female employees with 12 weeks of leave before and after childbirth, subject to certain conditions.

7. Conclusion

    The Factories Act, 1948 serves as a comprehensive legislation aimed at ensuring the health, safety, and welfare of workers in factories. By implementing the provisions of the Act, employers can create a safe and conducive working environment that promotes the well-being of their employees. It is essential for both employers and workers to be aware of their rights and obligations under the Act to foster a culture of compliance and prioritize the welfare of all individuals involved in the manufacturing sector.

8. References:

The Factories Act, 1948

"Factories Act, 1948" by Ministry of Labour and Employment, Government of India

"A Complete Guide to Factories Act 1948" by Vakilsearch

"Factories Act - A Summary" by National