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Factories Act, 1948 | Bare Acts | Law Library | Pionhr

The Factories Act

Introduction

The main objectives of the Indian Factories Act are to regulate the working conditions in factories, health, safety welfare, annual leave and enact special provisions with respect to young persons, women and children who work in the factories.

Applicability

The Act is applicable to any factory using power & employing 10 or more workers. If not using power, employing 20 or more workers on any day of the preceding 12 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 whereon 20 or more workers are working, or were working on any day of the preceding 12 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.

It does not include

  • A mine
  • A mobile unit belonging to the armed forces of the union
  • A railway running shed
  • A hotel, restaurant or eating place

Provisions covered

  • Health
    1. Cleanliness
    2. Disposal of Waste and Effluents
    3. Ventilation and Temperature
    4. Dust and Fumes
    5. Artificial Humidification
    6. Over-crowding
    7. Lighting
    8. Drinking Water
    9. Latrines and Urinals
    10. Spittoons
  • Safety
    1. Fencing of Machinery
    2. Work on or near machinery in motion
    3. Employment of Young Persons on Dangerous Machines:
    4. Striking gear and devices for cutting power
    5. Self-acting machines
    6. Casing of New Machinery
    7. Prohibition of employment of women and children near cotton-opener
    8. Safety measure for hoists and lifts, lifting machines, revolving machinery, pressure plant, excessive weights
    9. Protection of eyes
    10. Protection against dangerous fumes
    11. Protection from explosive or inflammable dust or gas
    12. Precaution in case of fire etc.
    13. Ensure safety of the workers 
  • Hazardous Processes
  • Welfare
    1. Washing Facilities
    2. Facilities for storing and drying clothing
    3. Facilities for sitting 
    4. First-Aid Appliances
    5. Canteen
    6. Shelters, rest-room and lunch room
    7. Creches
    8. Welfare Officers

Name of the Return/Act Return Form Number

  • Factories Act  Form no. 34
  • Payment of Wages Act, 1936 Form IV-A
  • Minimum Wages Act & Rules Form No. III
  • Workmen's compensation Act Annual Return
  • Maternity Benefit Act, 1961 L.M.N.
  • Half Yearly return Form No. 22

Registers

  • Register of White washing in Form No. 7 (Prescribed under rule 18.
  • Register of leave with wages in Form No. 15 (Prescribed under rule 94).
  • Register of Accident & Dangerous Occurences in Form 26 (Prescribed under rule III).
  • Register of Wages in From No. 17. (Computerised)
  • Muster roll in Form No. 25 (Prescribed under rule 110) will be maintaned by the factory.
  • Wages Slips in From No. 19 (Computerised).

Testing Reports to be Maintained Yearly

  • Report of Examination of Vessels in From 8 (Annual).
  • Report of Hoist of Lifts in From No. 7B (Annual).
  • Testing & Examination of pressure vessel in From No. 8 in respect of steam Generator / Steam Presses. (Annual).

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Aim of Factory Act in India

The main objectives of the Indian Factories Act are to regulate the working conditions in factories, health, safety welfare, annual leave and enact special provisions with respect to young persons, women and children who work in the factories.
The Act is applicable to any factory using power & employing 10 or more workers. If not using power, employing 20 or more workers on any day of the preceding 12 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 whereon 20 or more workers are working, or were working on any day of the preceding 12 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.

Health Benefits 

Health facilities that safeguard r long term wellbeing are: 

  1. Sanitation - The workers  cannot be made to work in environments that aren’t clean and free from odors rising from any drainage. Trouble arising from the absence of sanitation, like mosquitoes in work environments, should be prohibited. It is compulsory to remove collected dirt, build appropriate drainage systems 
  2. Maintenance of temperature levels, provision of ventilation - The workers should not work in extreme temperatures. Tolerable freshening and temperature control services are critical to provide comfort and prevent harm arising from extremes temperatures in work areas. 
  3. Facility for Lighting - Plentiful lighting, while the workers  work, is compulsory. The employer must ensure  lighting of work areas where a worker may cross. Any probability of brightness or shades causing rinsing to your eyes should also be circumvented.
  4. Facility for Hygienic Drinking Water - The workers must be provided with hygienic drinking water in the establishment. The employer must make provisions for the adequate supply of drinking water at suitable points in the establishment, marked as Drinking Water in a language understood by the majority of the workforce in your factory. 
  5. Safety Benefits - The workerss are frequently exposed to weighty machinery and hazardous supplies which may be a risk to their  health or lives. Employers are instructed to safeguard protective actions against such dangers. 
  6. Fencing of Machinery - Unless in case of an examination of machinery in motion or its lubrication, every moving part of the machinery present in the factory should be steadily fenced with well-maintained considerable construction. 
  7. Acquaintance to Machinery in Motion - When it becomes essential to observe machinery in motion, such inspection or process should only be carried out by a particularly trained worker exhausting tight-fitting clothing subsidized by the  employer. While appealing with an inspection of equipment, unusual protections should be taken by the employer. 
  8. Protections In Circumstance of Fire - Your employers are instructed to secure all practicable means to preclude the occurrence of fire and its spread. You should also be given safe means of leakage, essential equipment, and facilities for reducing a fire. Your employer must also familiarise you with the emission plan, training you in the routine to be trailed in case of fire. 
  9. Provision of A First-Aid Box - Every factory must be having a facility with promptly available and continued first-aid boxes. They should be fortified with optional fillings. One first aid box should be well-maintained for every 150 workers normally employed at one time in the factory.