Objective: to consolidate and amend the law regulating
labour in factories
Commencement: 1st day of April, 1949
Various Definitions (Section -2):
Section 2(a) – Adult – who has completed 18 years of the age
Section 2(b) – Adolscent – Age between 15 – 18 years
Section 2 (bb) – Calender Year – period of 12 months
Section 2 (c) – Child – who has not completed 15 years
Section 2 (ca) – Competent Person – people or an institution
recognized as such by Chief Inspector for the purpose of carrying out tests, examinations
and inspection required to be done in a factory under the provision of this act
Section 2 (g) – Power - Electrical energy or any other form
of energy which is mechanically transmitted and is not generated by human or
animal agency
Section 2(j) – Machinery – includes prime movers (any
engine, motor or other appliance which generates / provides power) transmission
machines and all other appliances where by power is generated, transformed,
transmitted or applied.
Section 2(k) – Manufacturing Process – and process for:
I.
making, altering, repairing, ornamenting,
finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or
otherwise treating or adapting any article or substance with a view to its use,
sale, transport, delivery or disposal
II.
pumping oil, water, sewage or any other
substance; or
III.
generating, transforming or transmitting power;
or
IV.
composing types for printing, printing by letter
press, lithography,
V.
photogravure or other similar process or book
binding; or
VI.
Constructing, reconstructing, repairing,
refitting, finishing or breaking up ships or vessels; (Fact. (Amendment Act
1976) or
VII.
preserving or storing any article in cold
storage;
Section 2(l) – Worker – a person employed, directly or by or
through agency (including a contractor) with or without the knowledge of the
principal employer, whether for remuneration or not, in any manufacturing
process, or in any other kind of work incidental to or connected with, the
manufacturing process, or the subject of the manufacturing process but does
not include any member of armed force of the union.
Section 2 (m) – Factory – means any premises including the precincts
there of –
I.
Where 10 or more are working or were
working on any day of preceding 12 months and in any part of which a
manufacturing process is being carried on with the aid of power.
II.
Where 20 or more are working or were working on
any day of preceding 12 months and in any part of which a manufacturing process
is being carried on without the aid of power.
But, does not include:
I.
A mine subject to operation of the Mines Act
1952; or
II.
A mobile unit belonging to the armed forces of
the union
III.
Railway running shed; or
IV.
A hotel, restaurant or eating place.
Section 2(n) – Occupier – the person who has ultimate
control over the affairs of the factory –
I.
In case of FIRM – any one of the individual
partners
II.
In case of COMPANY – any of the directors
III.
In case of FACTORY – owned / controlled by
central or state government or any local authority, the person or persons
appointed to manage the affairs of the factory.
Section 6 – APPROVAL, LINCENCING & REGISTRATION OF
FACTORIES:
-
State government frame rules regarding approval,
licensing and registration of a factory in order that compliance with the
provisions relating to health, safety and welfare could be assured.
-
Prior approval by State Government or Chief
Inspector of factory is necessary, for the site and construction of new factory
and the extension of new ones.
-
Where a State Government refuse to grant
permission to the site, construction or extension of a factory or to the
registration and licensing, the applicant may within 30 days of the date of
such refusal appeal to Central Government.
Section 7 – GENERAL DUTIES OF OCCUPIER
Section 8 – INSPECTOR:
-
State Government – by notification in the
official Gazette
-
Also may appoint:
o
Chief Inspector
o
Additional Chief Inspector
o
Joint Chief Inspector
o
Deputy Chief Inspector
-
Every District Magistrate shall be an inspector
for his district
Section 9 – POWER OF INSPECTOR:
-
May enters in the factory
-
Make examination of the premises, plant, machine,
article or substance.
-
Inquire into any accident or dangerous occurrence
-
Ask for any register or document relating to the
factory
-
Seize or take copies of any register, record or
other document
-
Direct the Occupier that any premises or any
part thereof, or anything lying therein, shall be left undisturbed (whether
generally or in particular respects) for so long as is necessary for the
purpose of any examination
-
Take measurement and photographs and make such
recordings
Section 10 – CERTIFYING SURGEONS
-
Appointed by State Government
Section 11 – Section 20 – HEALTH:
Section 11
|
Cleanliness
|
Section 12
|
Disposal of Wastes & Effluents
|
Section 13
|
Ventilation & Temperature
|
Section 14
|
Dust & Fumes
|
Section 15
|
Artificial Humidification
|
Section 16
|
Overcrowding
|
Section 17
|
Lighting
|
Section 18
|
Drinking Water
|
Section 19
|
Urinals
|
Section 20
|
Spittoons
|
Section 21 – 40A – SAFETY
Section 21
|
Fencing of Machinary
|
Section 22
|
Work on or near machinery in motion
|
Section23
|
Employment of young person on dangerous machines
|
Section24
|
Striking gears & devices for cutting off power
|
Section25
|
Self acting machines
|
Section26
|
Casing of new machinery
|
Section 27
|
Prohibition of employment of women and children near cotton openers
|
Section28
|
Hoists & Lifts
|
Section29
|
Lifting Machines, Chains, Ropes and Lifting Tackles
|
Section30
|
Revolving Machinery
|
Section31
|
Pressure Plant
|
Section32
|
Floors, stairs & means of access
|
Section 33
|
Pits, sumps, opening in floors
|
Section 34
|
Execessive Weights
|
Section 35
|
Protection of eyes
|
Section 36
|
Precaution against dangerous fumes
|
Section 36 A
|
Precautions regarding the use of portable electric lights
|
Section 37
|
Explosive or inflammable dust
|
Section 38
|
Precaution in case of fire
|
Section 39
|
Power to require specifications of defective parts or tests of
stability
|
Section 40
|
Safety of building & Machinery
|
Section 40A
|
Maintenance of building
|
Section 40B – SAFETY OFFICERS
Every factory, where 1000 or more workers are
employed; or
Where in the opinion of State Government, any manufacturing
process or operation is carried on and the process involves risk or bodily
injury in the factory, employer shall employee such no. of safety officer as
may be specified.
Posted under the Chief Executive of the factory and would
report only to him.
(Note: Section 41 A –
41 H – included by Act 20 of 1987, sec. 20 (w.e.f. 1-12-1987).
Section 41A – CONSTITUTION OF SITE APPRAISAL COMMITTES
-
For the purpose of advising State Government in considering
applications for grant of permission for the initial location of a factory
involving a hazardous process or for the expansion of any such factory
-
Consist of –
o
Chief Inspector
(Chairman of the Committee)
o
Representatives of
§
Central Board for Water Pollution
§
Central Board for Air Pollution
§
State Board for water
§
State board for air
§
Deptt. Of environment of state
§
Metrological deptt. of government of India
§
Town planning deptt. of state
§
Local authority
o
An expert in the field of occupational health
Section 41 B – COMPULSORY DISCLOURE OF INFORMATION BY THE
OCCUPIER
Section 41C – SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN
RELATION TO HAZARDOUS PROCESSESS
Section41D – POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE
Section41E – EMERGNECY STANDARDS
Section41F – PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL
& TOXIC SUBSTANCES
Section41G – WORKERS’ PARTICIPATION IN SAFETY MANAGEMENT
Section41H – RIGHTS OF WORKERS TO WARN ABOUT IMMINENT DANGER
Section42 – 50 – WELFARE
Section 42
|
Washing facilities
|
Section 43
|
Facility for storing and drying clothes
|
Section 44
|
Facility for sitting
|
Section 45
|
First aid appliances
|
Section 46
|
Canteens
|
Section 47
|
Shelters, rest rooms and lunch rooms
|
Section 48
|
Crèches
|
Section 49
|
Welfare officers
|
Section 50
|
Power to make rules to supplement this chapter
|
Section 49 – WELFARE OFFICER
-
500 or more workers
-
State Government may prescribe duties,
qualification and conditions of services of officers
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