The Factories Act, 1948

The Factories Act, 1948

Scope:

• The Act defines factory as an establishment employing 10 or more persons where power is used and 20 or more persons where power is not used.

Work-Related Norms

 Leaves with wages:

• 1 day per 15 days of work for adolescents
• Leaves can be accumulated up to 40 days 

OBJECTIVES:

Working Hours:

• No adult worker shall be required or allowed to work in a factory for more than 48 hours in a week or 9hrs in a day
• There should be a weekly holiday.
• Compensatory holidays of equal number to the holidays so lost should be given to the workers.
• According to this Act, the working hours each day shall be so fixed that no period shall exceed five hours.
• Half an hour rest after every five hours of work.
• Extra wages for the overtime done by the worker should be paid.
• A worker who completes work for a period of 240 days or more during a year will be granted annual leave with wages.
• A child worker should not be allowed to work for more than 41/2 hours a day.
• Women and child workers should not be asked to work or allowed to work between 7 P.M. and 6 A.M. and in no case between 10 P.M. and 5 A.M.
• The manager of every factory is required to maintain a separate register for child workers (i.e., workers below the age of 18).
• No child below the age of 14 will be employed.

Health:

• Every factory shall be kept clean and all necessary precautions shall be taken in this regard.
• Proper drainage system, adequate lighting, ventilation, temperature etc.
• Adequate arrangements for drinking water should be made.
• Sufficient latrine and urinals should be provided at convenient places.
• These should be easily accessible to workers and must be kept cleaned.

Safety:

• Machinery should be fenced, no young person shall work at any dangerous machine, in confined spaces, there should be provision for man­holes of adequate size so that in case of emergency the workers can escape.
• Fire-fighting equipments should be available at convenient places. 
• Training of workers to save themselves in case of fire.
• Arrangements for conveying warning to the workers in the event of fire or any other dangerous situations.
• State Government may appoint inspector for under­taking checking of factories to ensure that safety measures are taken by them.

Welfare:

• Adequate and suitable facilities for washing should be provided and maintained for the use of workers.
• Storing and drying clothing, facilities for sitting, first-aid appliances, shelters, rest rooms’ and lunch rooms, crèches, should be there

 Health Safety and Welfare Recommendations

• A minimum of 500 cubic feet space per worker
• 1 Safety Officer per 1000 workers
• 1 Welfare Officer per 500 workers
• 1 Canteen for greater than 250 workers
• 1 Creche for greater than 30 women workers

 

Penalties: 

 

If the provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. The following penalties can be imposed:

 

• Imprisonment for a term which may extend to three months;
• Fine which may extend to one lace rupees; or
• Both fine and imprisonment.

 

If a worker misuses an appliance related to welfare, safety and health of workers, or in relation to discharge of his duties, he can be imposed a penalty of Rs. 500/-.

Under Factory Act 1948, there are 29 diseases which are notifiable  (Schedule 3)

• Silicosis
• Anthracosis
• Byssinosis

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