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Interpretation
"Factory"
means any premises including the precincts thereof -
(i)
whereon ten or more workers are working, or were working on any
day of the preceding twelve months, and in any part of which a
manufacturing process is being carried on with the aid of power,
or is ordinarily so carried on, or
(ii)
whereon twenty or more workers are working or were working on
any day of the preceding twelve months, and in any part of which
a manufacturing process is being carried on without the aid of
power, or is ordinarily so carried on, but does not include a
mine subject to the operation of the Indian Mines Act, 1923 (IV
of 1923), or a railway running shed.
"Worker" means a person employed,
directly or through any agency, whether for wages or not in any
manufacturing process or in cleaning any part of the machinery
or premises used for a manufacturing process in any other kind
of work incidental to, or connected with the manufacturing
process, or the subject of the manufacturing process.
"Manufacturing process" means any
process for making, altering, repairing ornamenting, finishing,
packing, oiling, washing, cleaning, breaking up, demolishing, or
otherwise treating or adopting any article or substance with a
view to its, sale, transport, delivery or disposal, or pumping
oil, water or sewage, or generating, transforming power or
composing types for printing, printing by letter press,
lithography, photogravure or other similar processes or book
binding or constructing reconstructing, repairing, refitting,
finishing or breaking up ships or vessels.
Working
hours, holidays, intervals for rest, etc.
1.Hours
of work (Adults). (Sections 51 and 54) - No Adult worker
shall be required, or allowed to work in a factory for more than
48 hours in any week and for more than 9 hours on any day,
2.Relaxation
of hours of Work (Adults). (Section 64) - The ordinary
limits on working hours of adults may be relaxed in certain
special cases, e.g. workers engaged on urgent repairs; in
preparatory or complementary work which must necessarily be
carried on outside the limits laid down for the general working
of the factory, in work which is necessarily so intermittent
that the intervals during which they do not work while on duty
ordinarily amount to more than the intervals for rest; in work
which for technical reasons must be carried on continuously
throughout the day; in making or supplying articles of prime
necessity which must be made or supplied every day; in a
manufacturing process which cannot be carried on except during
fixed seasons, or at times dependent on the irregular action of
natural forces in engine rooms or boiler houses or in attending
to power plant or transmission machinery,
Except
in the case of urgent repairs, the relaxation shall not exceed
the following limits-
(i)
the total number of hours of work in any day shall not exceed
ten;
(ii)
the total number of hours of overtime work shall not exceed 50
for anyone quarter;
(iii)
the spread over inclusive of intervals for rest shall not exceed
12 hours in anyone day.
In the case of any or all adult workers in any factory,
the ordinary limits on working hours of adults may be relaxed,
for a period or periods not exceeding in the aggregate 3 months
in any year, to enable the factory to deal within exceptional
pressure of work.
3.
Payment for Overtime (Section 59). - Where a women works in
a factory for more than 9 hours in any day or for more than 48
hours in any week he shall, in respect of overtime work, be
entitled to wages at the rate of twice his ordinary rate wages.
4.
Exemption of supervisory Staff (Section 64). - Chapter VI of
the Act-Working hours of adults-does not apply to person of
holding positions of supervision or management or employed in a
confidential position in factory.
5.
Weekly Holiday (Adult) (Section 52). - No adult worker shall
be t required or allowed to work in a factory on the first day
of the week unless he has, or will have, a holiday for a whole
day on one of the three days immediately before or after the
said day, and the manager of the factory has, before the said
day or the substituted day, whichever is earlier, delivered a
notice at the office of the Inspector of his intention to
require the worker to work on the said day and of the day which
is to be substituted, and displayed a notice to that effect in
the factory:
Provided
that no substitution shall be made which will result in any
worker working for more than ten days consecutively without a
holiday for a whole day.
Where
a worker in a factory, as a result of exemption from the
ordinary provision relating to weekly holidays is, deprived of
any of the weekly holidays he 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 of the holidays so lost.
6.Intervals
for Rest (Adults) (Sections 55 and 56) - The periods of work
of adult workers in a factory each day shall be so fixed that no
period shall exceed 5 hours before he has had an interval for
rest of at least half hour and that inclusive of his intervals
for rest they shall not spread over more than 10 hours in any
day or, with the permission of the Chief Inspector in writing,
12 hours.
7.Prohibition
of Double Employment (Sections 60, 71 and 99). - No child
or, except in certain circumstances an adult worker, shall be
required or allowed to work in any factory on any day on which
he has already been working in any other factory.
If
a child works in a factory on any day on which he has already
been working in another factory, the parent or guardian of the
child or the person having custody of or control over him or
obtaining any direct benefit from his wages shall be punishable
with fine, which may extend to Rs. 50 unless it appears to the
court that the child so worked without the consent or connivance
of such parent, guardian or person.
8.Prohibition
of Employment of Children under 14 (Section 67) - No child
who has not completed his fourteenth year shall required or
allowed to work in any factory.
9.Hours
of Work (Children) (Section 71) –No child shall be
employed or permitted to work in any factory for more than 4 1/2
hours in any day and between the hours of 7 P.M. and 6 A.M. 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 5 hours each and each child shall be employed in only
one of relays
The
provision relating to weekly holidays shall also apply to child
workers and no exemption from this provision may be granted in
respect of any child.
10.Prohibition
of Employment of Women (section 66). - No Woman shall in any
circumstances be employed in any factory more than 9 hours in
any day or between the hours of 7 P.M. and 6 A.M.
Leave
with wages
11.Leave
with Wages (Section 79, 80 and 83 and Rules) - 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 performed by
him during the previous calendar year;
Explanation
1. – For the purpose of this sub-section –
(a)
Any days of layoff, by agreement or contract, or as
permissible under the standing orders;
(b)
in case of a female worker, maternity leave for any
number of days not exceeding twelve weeks, and
(c)
the leave earned in the year prior to that in which the
leave is enjoyed shall be deemed to be days on which the worker
has worked in a factory for the computation of the period of 240
days or more but he shall not earn leave for these days.
Explanation
2. - 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.
For
the leave allowed to him, a worker shall be paid at the rate
equal to the daily average of his total full-time earning
exclusive of any overtime earnings, and bonus, but inclusive of
dearness allowances and the cash equivalent of any advantage
occurring by the sale, by the employer, of food grains and other
articles at confessional rates for the days on which he worked
during the month immediately preceding his leave.
Where
the employment of a person who has completed a period of four
months‘ continuous service in a factory is terminated before
he has completed a period of 12 months’ continuous service he
shall be deemed to have become entitled to leave for the number
of days calculated at the rate of, if an adult, one every day
for every 20 days of work performed by him, and if a child, one
day for 15 days of work preformed by him, and the occupier of
the factory shall pay to him the amount payable in respect of
the leave to which he is deemed to have become entitled.
If
a worker entitled to leave with wages discharged from the
factory before he has taken the entire leave to which he is
entitled, or if having applied for and having not been granted
such leave, the worker quits his employment before he has taken
the leave, the occupier of the factory shall pay him the amount
payable in respect of the leave not taken and such payment shall
be made before the expiry of the second working day on which his
employment is terminated.
The
manager shall maintain a leave with wages register in the
prescribed Form No.18 and shall provide each worker with a book
called the 'Leave Book' in the prescribed Form No.19. The Leave
Book shall be the property of the worker and the manager or his
agent shall not demand it except to make entries of the dates of
holidays or interruptions in service and shall not keep it for
more than a week at a time. If a worker loses his Leave Book,
the manager shall provide him with another copy on payment of 15
NP and shall complete it from his record.
Health
12.
Cleanliness (Section 11). - Except in cases specially
exempted, all inside walls and partition, all ceilings or tops
of rooms and all walls, sides arid tops of passages and
staircases in a factory shall be kept white-washed or colour-washed.
The white-washing or colour-washing shall be carried out at
least once in every period of fourteen months. The floors of
every workroom shall be cleaned at least once in every week by
washing using disinfectant, where necessary or some other
method.
13.
Disposal of Wastes & Effluents (Section 12). - Effective
arrangement shall be made in every factory for the disposal of
wastes and effluents due to the manufacturing process carried on
therein.
14.Ventilation
and Temperature (Section 13). - Effective and suitable
provision shall be made in every factory securing and
maintaining in every workroom adequate ventilation by the
circulation of fresh air and such a temperature as will secure
to workers therein reasonable conditions of comfort and prevent
injury to health.
15.
Overcrowding (Section 16). - Unless exemption has been
granted, there be in every workroom of a factory in existence on
1st April, 1949 at least 350 cubic feet and of a factory built
after this date at least 500 cubic feet of space for every
worker employed therein and for this purpose no account shall be
taken of any space which is more than 14 feet above the level of
the floor of the room,
16.
Lighting (Section 17). - In every part of a factory where
workers are working or passing, there shall be provided and
maintained sufficient and suitable light, natural or artificial
or both.
17.
Drinking Water (Section 18). - In every factory effective
arrangements shall be made to provide and maintain in suitable
points, conveniently situated for all workers employed therein,
a sufficient supply of wholesome drinking water,
In every factory wherein more than 250 workers are
ordinarily employed the drinking-water shall during the hot
weather be cooled by ice or other effective methods. The cooled
drinking water shall be supplied in every canteen. Lunch-room
and rest room and also at conveniently accessible points
throughout the factory,
18.
Latrines and Urinals (Section 19 and Rules). -In every
factory sufficient latrine and urinal accommodation of the
prescribed type (separate enclosed accommodation for male and
female workers) shall be provided conveniently situated and
accessible to workers at all times while they are at the
factory. Every latrine shall be under cover and so partitioned
off as to secure privacy and shall have a proper door and
fastening. Sweepers shall be employed whose primary duty It
would be to keep clean latrine, urinals and washing places.
19.
Spittoons (Section 20). - In every factory, there shall be
provided a sufficient number of spittoons of the type prescribed
in convenient places and, they shall be maintained in a clean
and hygienic condition, No person shall spit within the premises
of a factory except in the spittoons provided for the purpose.
Whoever spits in contravention of this provision shall be
punishable with fine not exceeding five rupees.
Safety
20.
Fencing of Machinery (Section 21). -In every factory
dangerous parts of machines e.g., every moving part of a prime
mover and every fly-wheel connected to a prime mover etc., shall
be securely fenced by safeguards of substantial construction
which shall be kept in position while the parts of machinery
they are fencing are in motion or in use.
21.
Work on or near Machinery in motion (Section 22). - No women
or young person shall be allowed in any factory to clean,
lubricate, or adjust any part of the machinery while that part
is in motion, or to work between moving parts, or between fixed
and moving parts of any machinery which is in motion.
22.
Employment of young Persons on Dangerous Machinery (Section 23).
- No young person shall work at any machine declared to be
dangerous unless he has been full instructed as to the dangers
arising in connection with the machine and the precautions to be
observed and has received sufficient training in work at the
machine or is under adequate supervision by a person who has a
thorough knowledge and experience of the machine.
23.
Casing of new Machinery (Section 26). - In all machinery
driven by power and installed in any factory after 1st April,
1949, every set screw, bolt or key on any revolving shaft,
spindle, wheel or pinion shall be so sunk, encased or otherwise
effectively guarded as to prevent danger; all spur, worm and
other toothed or friction gearing which does not require
frequent adjustment while in motion shall be completely encased,
unless it is so situated as to be as safe as it would be if it
were completely encased.
Whoever
sells or lets on hire or as agent of a seller or hirer, causes
or procures to be sold or let on hire, for use in a factory any
machinery driven by power which does not comply with these
provisions, shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend
to five hundred rupees or with both.
24.
Prohibition of employment of Women and Children near Cotton
Openers (Section 27).- No woman or child shall be employed
in any part of a factory for pressing cotton in which a cotton
opener is at work.
25.
Excessive Weights (Section 34). - No woman or young person
shall unaided by another person lift, carry or move by hand, any
material article, tool or appliance exceeding the following
limits:-
Adult
female - 65 Ibs.
Adolescent
male - 65 Ibs.
Adolescent
female - 45 Ibs.
Male
child - 35 Ibs.
Female
child - 30 Ibs.
26.
Protection of Eyes (Section 35). - Effective screens or
suitable goggles shall be provided for the protection of persons
employed in or in the vicinity of processes which involve risk
or injury to the eyes from particles or fragments thrown off in
the course of the process or which involve risk of injury to the
eyes by reason of exposure to excessive light.
27.
Precautions in case of fire (Section 38). - Every factory
shall be provided with adequate means of escape in case of fire
for the persons employed therein. The doors affording exit from
any room shall, unless they are of the sliding type be
constructed to open outwards. Every window, door or other exit
in affording a means of escape in a case of fire, other than the
means of exit in ordinary use shall be distinctively marked.
Effective and clearly audible means of giving warning in a case
of fire to every person employed in the factory shall be
provided. Effective measures shall be taken to ensure that
wherein more than twenty workers are ordinarily employed in any
place above the ground floor or where in explosive or highly
inflammable materials are used or stored all the workers are
familiar with the means of escape in ease of fire and have been
adequately trained in the routine to be followed in such case.
Welfare
28.Washing
Facilities (Section 42).-In every factory adequate and
suitable facilities for washing shall be provided and maintained
for the use of the workers therein. Such facilities shall
include soap and nail brushes or other suitable means of
cleaning and the facilities shall be conveniently accessible and
shall be kept in a clean and orderly condition.
If
female workers are employed separate facilities shall be
provided and so enclosed or screened that the interiors are not
visible from any place where persons of the other sex work or
pass.
29.
Facilities for storing and Drying Clothing (Section 43 and
Rule). -In the case of certain dangerous operations e.g.,
lead processes, liming and tanning of raw hides and skins etc.
Suitable places for keeping clothing not worn during working
hours and for the drying of wet clothing shall be provided and
maintained.
30.
Facilities for Sitting (Section 44).- In every factory
suitable arrangements for sitting shall be provided and
maintained for all workers obliged to work in a standing
position in order that they may take advantage of any
opportunities for rest which may occur in the course of their
work.
31.
First aid and Ambulance Room (Section 45). - There shall in
every factory be provided and maintained so as to be readily
accessible during all working hours first-aid boxes or cupboards
equipped with the prescribed contents. Each first aid box or
cupboard shall be kept in the charge of a separate responsible
person who is trained in first aid treatment and who shall
always be readily available during the working hours of the
factory.
In
every factory wherein more than 500 workers are employed there
shall be provided and maintained and ambulance room of the
prescribed size and containing the prescribed equipment. The
ambulance room shall be in charge of a qualified medical
practitioner assisted by at least on qualified nurse and such
other staff as may be prescribed.
32.
Canteens (Section 46 and Rules). - In specified factories
wherein more than 250 workers are ordinarily employed a canteen
or canteens shall be provided and maintained by the occupier for
the use of this workers. Food, drink and other items served in
the canteen shall be sold on a non-profit basis and the prices
charged shall be subject to the approval of a Canteen Managing
Committee which shall be appointed by the Manager and shall
consist of an equal number of persons nominated by the occupier
and elected by the workers. The number of elected workers shall
be in the proportion of 1 for every 1,000 workers employed in
the factory provided that in no case shall there be more than 5
or less than 2 workers on the Committee. The Committee shall be
consulted from time to time on to the quality and quantity of
food-stuffs to be served in the Canteen, the arrangement of the
menus, etc.
33.
Shelters, Rest Rooms and Lunch Rooms (Section 47). - In
every factory wherein more than 150 workers are ordinarily,
employed, adequate and suitable shelters or rest rooms and a
suitable lunch room, with provision for drinking water, where
workers can eat meals, brought by them, shall be provided and
maintained for the use of the workers.
34.
Creches (Section 48 and Rules). - In every factory wherein
more than 50 women workers are ordinarily employed, there shall
be provided and maintained a suitable room or rooms for the use
of children under the age six years of such women. The Creche
shall be adequately furnished and equipped and in particular
there shall be one suitable cot or a cradle with the necessary
bedding for each child, at least one chair or equivalent seating
accommodation for the use of the mother while she is feeding or
attending to her child and sufficient supply of suitable toys
for older children.
There
shall be in or adjoining the Creche a suitable wash-room for the
washing of the children and their clothing. An adequate supply
of clean cloths, soap and clean towels shall be made available
for each child while it is in the Creche. At least half a pint
of clean pure milk shall be available for each child on every
day it is accommodated in the Creche and the mother of such a
child shall be allowed in the course of her daily work suitable
intervals to feed the child. For children above two years of age
there shall be provided, in addition, an adequate supply of
wholesome refreshments. A suitably fenced and shady open air
play-ground shall also be provided for the older children.
35.
Welfare Officers (Section 49). - In every factory wherein
500 or more workers are ordinarily employed the occupier shall
employ in the factory such number of welfare Officers as may be
prescribed.
Special
Provisions
36.
Dangerous Operation (Section 87 and Rules). - Employment of
women, adolescents and children is prohibited or restricted in
certain operation declared to be dangerous, e.g. manufacture of
aerated water, electroplating, manufacture and repair of
electric accumulators, glass manufacture grinding or glazing of
metals, manufacture and treatment of lead and certain compounds
of lead, generating petrol gas from petrol, sandblasting, liming
and tanning of raw hides and skins.
37.
Notice of Accidents (Section 88 and Rules). - Where in any
factory an accident occurs which causes death or which causes
bodily injury by reason of which the person injured is prevented
from working for a period of 48 hours or more immediately
following the accident or which, though not attended by personal
injury or disablement is of one of the following types :-
(i)
Bursting of vessel used for containing steam under pressure
greater than atmospheric pressure other than plant which comes
within the scope of the Indian Boilers Act;
(ii)
Collapse or failure of a crane, derrick, hoist or other
appliances used in raising or lowering persons or goods, or any
part thereof, or the overturning of a crane;
(iii)
Explosion or fire causing damage to any room or place in which
persons are employed or fire in rooms of cotton pressing
factories, where a cotton opener is in use;
(iv)
Explosion of a receiver or container used for the storage at a
pressure greater than atmospheric pressure of and gas or gases
including air or any liquid or solid resulting from the
compression of gas;
(v)
Collapse or subsidence of any floor, gallery, roof, bridge,
tunnel, chimney, wall or building, forming part of a factory or
within the compound or cartilage of factory.
The Manager of the factory shall forthwith send notice
thereof to the Chief Inspector, if the accident is fatal or of
such a serious nature that it is likely to prove fatal, notice
shall also be sent to the District Magistrate or the Sub
Divisional Officer and the Officer-in-Charge of the nearest
Police Station.
38.
Notice of Certain Diseases (Section 89 and Rules). - Where
any worker in a factory contracts any of the following diseases
the Manager of the factory shall send notice thereof forthwith
both to the Chief Inspector and the Certifying Surgeon:
Lead,
phosphorus, mercury, manganese, arsenic, carbon bisulphide or
benzene poisoning by nitrous fumes, or by halogens or halogen
derivatives of the hydrocarbon of the aliphatic series; or of
chrome ulceration, anthrax, silicosis, toxic anemia toxic
jaundice, primary epitheliomatous cancer of the skin, or
pathological manifestations due to radium or other radioactive
substances or X-rays.
39.
No Charge for Facilities and Conveniences (Section 114). -
No fee or charge shall be realized from any worker in respect of
any arrangements or facilities to be provided or any equipments
or appliances to be supplied by the occupier under the provision
of the Act.
40.
Powers of Inspectors (Sections 9 and 82). - Inspectors have
power to inspect factories any time and may require the
production of registers, certificates etc, prescribed under the
Act and the Rules.
Any
Inspector may institute proceeding on behalf of any workers to
recover any sum required to be paid by an employer under the
provisions relating to leave with wages, which the employer has
not paid.
41.
Obligations of Workers (Sections 97 and 111). –No worker
in a factory:-
(i)
shall wilfully interfere with or misuse any appliance,
convenience or other thing provided in a factory for the
purposes of securing the health, safety or welfare of the
workers therein.
(ii)
shall wilfully and without any reasonable cause do any thing
likely to endanger himself or others, and
(iii)
shall wilfully neglect to make use of any appliance or other
thing provided in the factory for the purposes of securing the
health or safety of the workers therein.
If any worker employed in a factory contravenes any of
these provisions or any rule or order made there under he shall
be punishable with imprisonment for a term which may extend to
three months, or which may extend to Rs. 100 or with both.
If any worker employed in a factory contravenes any
provision of the Act or any rules or orders made thereunder
imposing any duty or liability on workers he shall be punishable
with fine which may extend to Rs. 20.
42.
Certificates of Fitness (Sections 68, 70 and 98). - No child
who has completed his fourteenth year or an adolescent shall be
required or allowed to work in any factory unless a certificate
of fitness granted with reference to him is in the custody of
the Manager of the factory and such child or adolescent carries,
while he is at work, at token giving a reference to such
certificate. Any fee payable for such a certificate shall be
paid by the occupier and shall not be recoverable from the young
person, his parents or guardian.
An adolescent who has been granted a certificate of
fitness to work in a factory as an adult and who while a work in
a factory carries a token giving reference to the certificate
shall be deemed to be an adult for all the purposes of the
provision of the Act relating to the working hours of adult and
the employment of young persons. An adolescent who has not been
granted a certificate of fitness to work in a factory as an
adult shall, notwithstanding his age, be deemed to be a child
for all the purposes of the Act.
Whoever knowingly uses or attempts to use, as a
certificate of fitness granted to himself a certificate granted
to another adolescent to work in a factory as an adult, or who
having procured such certificate knowingly allows it to be used
or an attempt to use it to be made, by another person, shall be
punishable with imprisonment for a term which may extend to one
month or with fine which may extend to Rs. 50 or with both.
43.
Registers, Notices and Returns (Sections 61, 63, 72, 74, 79, 80
and 110). - A Register of adult workers in the prescribed
Form No.12 and a register of child workers in the prescribed
Form No.14 shall be maintained by the Manager of every factory.
A
notice of periods of work for adults and a notice of periods of
work of children in the prescribed Forms Nos.13 and 16 shall be
correctly maintained and displayed in every factory. No adult
worker or child shall be required or allowed to work in any
factory otherwise than in accordance with their respective
notice of periods of work displayed in the factory.
The
Owners Occupiers or Managers of factories shall submit the
prescribed periodical returns to the Inspector regularly
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