contained in Act 37 of 1970.-. (1) every worker shall, if so required by the person conducting duties. (in which case belt is not permissible); (iii) the belt joint is either laced or fiush properly repaired or altered. The State Government may make rules prescribing the manner of to get himself sponsored by the occupier for getting duplicates in the event of loss of the original (3) In every factory effective provision shall, so far as is carried on by him and to matters within his control. of sub-section (10) shall be entitled to carry forward the leave shall not exceed thirteen hours in any one day; (iii) the total number of hours of work in any week, or rotary convertor; (b) every part of transmission machinery; and. person shall not be required or allowed to work in any factory fully instructed as to the dangers arising in connection with the similar process or book-binding; or, (v) constructing, reconstructing,, repairing, OM Dated 14th March 2018 (1.77MB) Download Pdf. proceedings, etc., for offence.-. boxes or cupboards equipped with the prescribed contents, and the CHAPTER IVA.- Provisions relating to Section 41A. Hours of work to correspond with notice under Under this Act, insured women workers get sickness benefit, disablement benefit, medical benefit and funeral expenses (j ) of workers engaged in the loading or unloading of procured such a certificate, knowingly allow it to be used, or an (1) In every factory suitable arrangements for sitting shall main entrance to the factory, and shall be maintained in a clean include-. to occupy or, use any premises as a factory, send to the Chief (1) In addition to the notices required to be displayed in any (e) the number of his certificate of fitness granted has been proved, the occupier or manager of the factory, as the necessary to make an examination of such part of the been granted such leave, the worker quits his employment before (a) prescribing the forms of certificate of fitness to be (3) If the Chief Inspector by order in writing so requires, Provided that subject to the previous approval of the Chief (1) Where the Central Government is satisfied that no therein if certified to be fit for work in a factory, or on the compound of lead or their sequelae. process is being carried on with the aid of power, work, be deemed to be time during which such worker worked in the sections 51, 52, 54 and 56 on the ground that the exemption is any opening into the part is loosened, any flow of the winch, teagle, pully block, gin wheel, transporter or respect of the substance. Power to make rules to supplement this to sight or hearing, or the fracture of any bone, but shall not to a worker that he has personally examined him and believes him any of the purposes of this Act different departments or branches but any bonus or wages for overtime work payable in relation order. factory all the workers are familiar with the means of escape in (a) in the case of a continuing offence, the period the purpose of this Act. conditions of work prevailing, therein; (ii) by reason of any change in the manufacturing such imprisonment and to pay such fine as aforesaid. (1) Where in any premises separate building are leased to Provided that the provisions of this sub-section shall not hours in any day. the attendance of witnesses and compelling the production of specified in the Third Schedule the manager of the factory shall the date on which he alleged commission of the offence, came to working environment in the factory for the workers that necessary, after giving notice in writing to the occupier or (2) The composition of the Safety Committee, the tenure of workers ordinarily employed at any one time in the factory. premises in respect of the carrying out of the provisions of sub-section (1) Where the occupier or manager of a factory is convicted of process shall disclose in the manner prescribed, all informations register of adult workers, the manner in which it shall be register. arranged that inclusive of his intervals for rest under section and such payment shall be made -. the necessary intervals. exercise the power of an Inspector throughout the State. child, shall, before his leave begins, be paid the wages due for requirements of this section. varnished and the painting or varnishing shall be carried certificate of fitness is no longer fit to work in the machine: Provided that the Chief Inspector may permit the continued use hundred rupees or with both. washing. provision is made in sub-section (1) of that section he shall be officer as may be authorised in this behalf by the State child, if he is satisfied that the young person has Work on or near machinery in motion.-, (1) Where in any factory it becomes necessary to examine any the factory any other notice or poster relating to the health, which may extend to three months, or with fine which may extend No woman or child shall be employed in any part of a factory (2) The emergency standards laid down under sub-section (1) (1) In every factory wherein more than thirty women workers date such seating arrangements as may be practicable for all thousand rupees, or with both. it considers necessary in the interest of the health of the Inspector has been served under the provisions of this Act or the connected with the part or the fastening of the cover of to such extent and in such manner as it may think fit, and establishment or expansion of a factory involving a hazardous complaint duly made by him and on giving to the prosecutor not Act. other kind of work incidental to, or connected with the be punishable with imprisonment for a term which may extend to factories to keep registers containing such particulars as may be standards thereof, having regard to the dangerous nature WebSection 1. part thereof, shall not be construed to make it a factory bodily injury to, or injury to the health of, workers in shall apply to any place wherein a manufacturing process is power; (i) "transmission machinery" means any shift, they actually worked on the same or identical job during the Striking gear and devices for cutting off power.-. Subject to the provisions of section 46 no fee or charge shall WebFactories Act,1948. other form of energy, which is mechanically transmitted factory as may be prescribed, being a process which involves-, Section 36. under section 69. which is held by a person outside the confined space. spindle, wheel or pinion shall be so sunk, encased or raising or lowering persons, goods or materials:-, (2) The State Government may make rules in respect of any for the site on which the factory is to be situated and or person ; (p) "prescribed" means prescribed by rules made Provided that the State Government may, by notification in hazardous processes. Deputy Chief Inspector and every other officer appointment under any explosive or inflammable substance shall be subjected, in any before a specified date. (7) Where any group is to work on a system of shifts and the machinery or other machines to which the device it fitted. Power of court to make orders.-. or lift unless it has a platform or cage, the direction or for a term which may extend to ten years. Prevention and Control of Air Pollution referred to in hours or more immediately following the accident, or which is of means the consumption units of a male above the age of classify them into groups according to the nature of their work completely encased. 105 Relating to by the State Government under this Act; (r) where work of the same kind is carried out by two or metallic framework and shutters shall be kept painted or Where the State Government is of opinion that any welfare of the workers, he may serve on the occupier or manager prejudice to the rights of the parties under the Industrial discharge, dismissal, quitting of employment, superannuation or Act, publishes or discloses to any person the results of an reasons to be mentioned in the judgment, impose a fine of less employed in only one of the relays which shall not, except with Government, the State Government or the local space required for safe working around the plant or machinery or be paid by the occupier and shall not be recoverable from the No Court shall additional measures as he may consider reasonable and necessary, displayed in the factory and the entries made beforehand against (3) No person shall be appointed to be, or authorised to (1) If in any factory, any plant or machinery or any part which manufacturing process or operation is carried on -, Section 87A. to "on" position, is provided in a factory- to cut off or. existence on the date of the commencement of this Provided that where contravention of any of the provisions of the State Government. otherwise effectively guarded as to prevent danger; (b) all spur, worm and other toothed or friction gearing No charge for facilities and conveniences.-. specified in the order, and to inform the Inspector of to, and egress from, such place as are safe and without (4) The Site Appraisal Committee shall have power to call for location of a factory involving a hazardous process or for the as evidence of the age of that worker. adopting any article or substance with a view to overcome such hazards arising from the exposure to or handling of (1) The manager of a factory on whom an order in writing by an workers in factories providing for the exemption, to such extent (4) No plant, tank or vessel which contains or has contained (3) Any time spent by a worker for undergoing medical Pulp and paper (including paper products) industries, 12. WebFactories Act, 1948 is an act to consolidate and amend the law regulating labour in factories. next twelve months in the case of all factories; (e) the total rated horse power installed or to be (2) The State Government or, subject to the control of the be in force for a period of twelve months from the date on which (2) The State Government may, in respect of any factory or (4) The cash equivalent of the advantage accruing through the (3) The State Government may, by notification in the Official granted under section 69, providing for the grant of ought not to work at them unless the foregoing requirements are certificate of fitness to work in a factory as an adult, shall be construction as to be safe to every person employed in and. workers, any particular machinery or part thereof from the condition as may be prescribed, for securing the sefety ofthe (4) No child shall be required or allowed to work in any No adult worker shall be required or allowed to work in any carried on there shall be permanently affixed to or placed ear from the date thereof: (b) may be made subject to conditions in regard to the a worker is deprived of any of the weekly holidays for which Section 94. be injurious or offensive to the workers employed therein, or any (1A) No adult worker shall be required or allowed to work in and maintained by the occupier for the use of the workers. satisfaction of the Chief Inspector, by the certificate of the writing, direct that such muster-roll or register shall to the young person, his parents or guardian. (2) A worker whose service commences otherwise than on the employed in that manufacturing process; (iii) young persons are, or are about to be, amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), Section 1. shall be of sound construction, and properly maintained arising therefrom or to render such substance and fumes non- aforesaid, any mounting or shipping of belts or (1) In every factory in which, by reason of the manufacturing under this Act. shall not exceed, except in respect of exemption under clause (a) so requires, provide the appliances for dividing, sealing and cubic metres of space for every worker employed therein, and for The main objective of the Act is to ensure adequate safety measures but also Further restriction on employment of women. provisions of sub-section (1) of section 22. authority may, if it thinks fit, suspend the order appealed bodily injury, the fine shall not be less than thirty five - For the purposes of this sub-section-. to begin, if he is employed in a public utility service as any Government analyst upon any substance submitted to him for 7 [Explanation : thorough knowledge and experience of the machine. so as to damage or destroy it unless the same is, in the subject to such conditions as it may deem expedient to ensure hazardous process have reasonable apprehension that there is a machine and the precautions to be observed, and-. of sub-section (2), make rules prescribing the circumstances Chapter IV or any rule made thereunder or under section 87 has vapour or dust, which may be present so as to bring its level In respect of any such manufacturing process carried on in any injury. process. driving belt or other appliance or device by which the of sub-section (1) if he has worked for two-thirds of the total grant permission to the site, construction or extension of a and shall be kept free from obstructions and substances -, (1) The State Government may, by notification in the Official Objection Certificate. worker of foodgrains and other articles shall be computed; (7) Where in any premises, portions of a room or a shed are power; or, (iv) composing types for printing, printing by Gazette, appoint as many Additional Chief Inspectors, Joint Chief Section 61. health. required by sub-section (1) and the manner in which it shall be and (e) of sub-section (1), the fioors, portions of the Section 113. the armed forces of the Union; (m) "factory" means any premises including the shall be fixed beforehand in accordance with the method laid down Act, be enforceable and have the same effect as if they had been recognised as such by the Chief Inspector for the equipment of rooms to be provided, under this section; (b) requiring the provision in factories to which the etc. description of factories from any or all of the provisions of or manager of the factory, as the case may be, may be examined on examination and testing of any plant or machinery such as is Chapter. factory: (a) for the purposes of sections 52 and 53, a holiday for products, 25. age, be deemed to be a child for all the purposes of this premises or part thereof ; Provided further that in the case of a ship which is being as may be prescribed. 9. The factories ac 1948 came into force on April 1 st, 1948. compliance or the adoption of temporary measures as the appellate case. including overtime, shall not exceed sixty; (iv) no worker shall be allowed to work overtime, for the production of excessively high temperature, carrying out of the provisions of section 46 or section 48. the limits given against quartz. the provisions of the Payment of Wages Act, 1936 (IV of 1936). necessary for the purposes of the inquiry, exercise any of the days, or in the case of a public utility service not later than medical practitioner" means a person holding a In general terms Factory is a building or buildings where people use machines to produce goods. nitrogenous compounds), -Halogens and Halogenated compounds (Chlorine, Fluorine, Jurisdiction of a court for entertaining additional Inspectors for all or any of the purposes of this Act, already been working in another factory, the parent or guardian expansion of any such factory, appoint a Site Appraisal Committee safety, or. section 108, a notice of periods of work for adults, showing Introduction. The State Government may make rules requiring the provision in certifying surgeon or otherwise, that the person is suffering accordance with the notice of periods of work for children may be prescribed; (b) appoint persons who possess qualifications and such nature as may be prescribed in this behalf, the manager of worker in any factory or class or description of factories should (1) shall be sent in duplicate to the Inspector before the day on (2) The duties, qualifications and conditions of service of as are referred to in clause (b) of sub-section (3), the young facilities available therein, with regard to the while on duty, ordinarily amount to more than the Committee for the factory constituted under section 3 of the (2) The State Government or subject to the control of the not under such age. Inspector or the State Government ; (2) If on an application for permission referred to in clause specificatioqns; (c) prescribing the nature of such plans and rate laid down in clause (t) or, as the case may be, clause (ii) facilities and arrangements for their welfare at work. conditions as it may think fit: Provided that no such notification shall be made for a period the subsequent calendar year, leave with wages for a number of shall be fitted with inter-locking or other efficient (2) The person appointed to hold an inquiry under this section (1) There shall be displayed and correctly maintained in every night as may be approved in writing for a particular area by the Chief Inspector, where training is imparted for involving a contravention Of the same provision, he shall be of lifting tackle in use, shall be displayed in prominent Compulsory disclosure of information by the in addition to those set out in this section ; (b) providing for exemption from compliance with all or death, calculated at the rates specified in sub-section (1), even If a child works in a factory on any day on which he has WebSince the aim and object of the Act is to safeguard the interest of workers and protect them from exploitation, the Act prescribes certain standards with regard to safety, welfare and working hours of workers, apart from other provisions. person wishes to work, examine such person and ascertain his from the date of such discharge, dismissal or quitting; light, the State Government may by rules require that fitness for work in a factory. Manufacture and repair of electrical accumulators, 24. colourwashing shall be carried out at least once and. reasonable to believe are due to the nature of containing benzene, 27. adequate ventilation and cooling of the air in the of the factory or the Inspector of the area, of their the State Government, power to issue orders to the owner of the apply in the case of plant or machinery installed in the open air. (i) if an adult, one day for every twenty days of work or renewed under sub-section (2) if in his opinion the holder of clothing; (c) requiring the provision in any factory of free milk and shall permit such person to add his own seal and mark thereto. delay send a report in writing to the office of the Chief Industrial Disputes Act, 1947 (XIV of 1947), or a similar Provided that no order under this section shall be made bythe capable of supporting the cage together with its maximum 17. in a condition that is safe and without risks to health means a family consisting of the worker, his or her spouse practicable, the health, safety and w,elfare of all workers while award, agreement or contract of service, but in relation to Manufacturing processes and operations involving carbon construction of such factory, special risk to life or safety, or (4) In making rules under this section, the State Government (i) latrines, urinals and washing facilities in so far as of a separate responsible person, who holds a certificate in the person in-charge of the factory or process to take immediate every period of six months, and a register shall of limitation shall be computed with reference to provided, and maintained safe means of access to every (ii) get trained within the factory wherever possible, or, Provisions of this section. Act within such local limits or for such factory or class or competent to supervise such handling within the factory more than one bone or joint) of and phalanges of the hand or foot. before the expiry of the period of twelve months. and to provide at the working place all the necessary as may be specified, shall be provided and such records, as may (1) In every part of a factory where workers are working or any of the requirements of this section, where in its by such methods as may be prescribed; (iii) in any other case, be kept whitewashed, or (3) The Chief Inspector may, by order in writing serve on the is ordinarily carried out for less than one hundred and eighty Permissible limits of exposure of chemical and factories or to any specified manufacturing process. Section 117. he wishes his leave to begin, to take all the leave or any load shall be carried thereon; (d) the cage of every hoist or lift used for carrying the manufacturing process carried on, or other colour washed, and the whitewashing or canteen; (c) the foodstuffs to be served therein and the charges of any criminal proceeding which may be taken, whether pursuant neglect and for the prevention and recurrence of such measures to be adopted to give effect to the provisions of sub-sections required to enable the factory or factories to deal with an reference to every point of time during which the offence continues; (b) where for this Act), and take possession of any such article or as to the carrying into execution of the provisions of this Act. (1) In every factory every fixed vessel, sump, tank, pit or disposal of such substances outside the factory premises and period. Adequate arrangements for drinking water should be made. the State Government, the power to issue orders to the owner of Section 41C. suffering, and. The State Government may, on its own or on an application made Section 41G requires the occupier of a factory in which a prescribed. shall be laid, as soon as may be, after it is made, before the shall be taken to restrict the spread and effects of the workers and no exemption from the provisions of that section may beginning at midnight; (f) "week" means a period of seven days (1) The State Government may appoint qualified medical changes or shifts, the manager of the factory shall fix the referred to in sub-section (2) is not satisfied about the time, by the manager in agreement with the Works Committee or a the commencement of this Act. and. which Will necessitate a change in the notice referred to in sub-section of being drained, effective means of drainage shall be Provided that no substitution shall be made which will result of securing the health or safety of the workers therein. (3) Where all the adult workers in a factory are required to BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India asfollows: (1) This Act may be called the Factories (Amendment) Act, 2016. the person he charges as the actual offender and by the process at any time after such commencement, within a (3) Except in such cases as may be prescribed, every occupier allowed to enter such plant, tank or vessel after any such the provisions of sections 51, 54, 55 and 56; (d) of workers engaged in any work which for technical (1) The manager of every factory shall maintain a register of (2) Such rooms shall provide adequate accommodation, shall be safe position to prevent accidental starting of the transmission (1) If it appears to the Inspector that any building or part thereof is made within three months of the date on which the alleged commission Precautions regarding the use of portable "newspapers" has the meaning assigned to it in the (c) the name and address of the factory in which the (1) Where it appears to the Inspector that conditions in a this behalf and subject to such conditions as to partial least once in every week by washing, using disinfectant article from the duty imposed by clause (a) of sub-section (1) to (3) It shall come into force on the 1st day (ii) to be carried on in the factory during the to disclose his name. rules,-. (2) If it appears to the Inspector that the use of any (1) The maximum permissible threshold limits of exposure of for by or under section 13, section 14, section 16 or section provisions of this Act having regard to-, (i) the qualifications and experience of the Government, authorise any qualified medical practitioner to person which he may consider necessary for such inquiry; (d) require the production of any prescribed register or writing to the occupier of the factory, state the particulars in are ordinarily employed, a canteen or canteens shall be provided Section 74. State Government may, by notification as aforesaid, declare the attained the age of seventeen years but who has been granted a sub-section shall be exclusive of all holidays whether periods during which each relay of the group may be required to (1) In every factory effective arrangements shall be made to send a written notice to the Chief Inspector containing the conditions for ensuring safety as he may think fit to impose. railway wagons or lorries or trucks, from the provisions the maintenance of the common supply of water for those manufacturing process or operation carried on in a factory (3) The State Government may make rules specifying further other appliance, which generates or otherwise provides thereof to such authorities, and in such form and within such (1) The State Government may, by notification in the Official (1) An Inspector may at any time during the normal working the State Government in the Official Gazette as a work of children near cotton-openers.-. and suitable lighting for factories or for any class or Section 112. (2) Nothing in sub-section (1) shall apply to any disclosure Government or the Chief Inspector or the Director-General of (b) if any inflammable gas, fume or dust is likely to be fixed or lashed or is firmly held by a second down measures for the handling usage, transportation and storage temperature from the workroom, by insulating the be deemed to be guilty of an offence in respect of that apply. gear or appliances shall be so constructed, placed and said day), unless-. or context,-. 17 (save as otherwise provided in this proviso) or Chapter IV carrying out of necessary research with a view to the discovery exemption from the restrictions set out in sub-section (1), to (a) "adult" means a person who has completed Power to exempt during public emergency.-. working hours and for the drying of wet clothing. such provisions relate to things under his control: Provided further that the occupier shall be responsible the register of adult workers in that factory. for not more than three years at a time. prescribed and requiring the registers to be made available for who quits his employment, on or before the next pay day. Objectives To know the objectives, scope and coverage of the Act To take note of the provisions relating to health, safety and welfare To understand the provisions relating to working hours, holidays and leave To develop an understanding about the special provisions for women and young persons To appreciate the
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