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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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