05-04-2012, 09:56 AM
The Factories Act, 1948
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INTRODUCTION
In India the first Factories Act was passed in 1881.
The Factories Act, 1948 came into force on the 1st day of April,1949 and extends to the whole of India.
The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.
What is a factory?
Defined under Section 2(m) of the Act.
A premises whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process.
It does not include a mine subject to the operation of the Mines Act,1952.
What is a manufacturing process?
[section 2(k)].
Manufacturing process means any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, or treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal.
Objective of the Act
The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards.
Applicability of the Act
At any place where manufacturing process is carried on, but not with in the case that:
The number of persons employed therein is less than ten, and less than twenty.
The persons working therein are not employed by the owner but are working with the permission of, or under agreement with owner.
Definitions [Sec.2]
Worker [section 2(l)]- A person employed in any manufacturing process or cleaning or any work incidental to manufacturing process.
Adult
Adolescent
Child
Young person
Approval, Licensing & Registration Of Factories[sec.6]
Making an application
Sent to the State Government or Chief Inspectors by registered post
No order is communicated to the applicant within 3 months from the date on which it is so sent, the permission deemed to be granted.
If the application is rejected appeal can be made
Notice by Occupier[sec.7]
The occupier shall send a notice to the Chief Inspector containing-
a) The name and situation of the factory;
b) The name and address of the occupier;
c) The name and address of the owner of the premises
d) The address to which communications relating to the factory may be sent;
General duties of the Occupier
Occupier shall ensure, the health, safety and welfare of all workers while they are at work in the factory.
Every occupier shall prepare, a written statement of his general policy with respect to the health and safety of the workers.
Bring such statement and any revision thereof to the notice of all the workers.
The Inspecting Staff[Sec.8]
State government appoint Chief Inspector, Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors, and Inspectors.
Every District Magistrate shall be an Inspector for his district.
Every inspector is deemed to be a public servant.
Powers of Inspectors[sec.9]
Enter factory premises for investigation
Inquire into any accident or dangerous occurrence
Require the production of any prescribed register or document
Take copies of, any register, record or other document
Take measurements and photographs and make such recordings
No person shall be compelled to answer any question
Certifying Surgeon[Sec.10]
State Government may appoint qualified medical practitioners to be certifying surgeons.
An occupier cannot be certifying surgeon.
Duties of Certifying Surgeon
The examination and certification of young persons under this Act;
The examination of persons engaged in factories in dangerous occupations or processes
Supervising the factories where:-
(i) cases of illness have occurred which are due to the nature of the manufacturing process or
(ii) young persons are employed in any work