TOPICS OF CHAPTER
1) INTRODUCTION OF SECTION NO: ONE.
2) WHAT THE PURPOSE THE ACT WAS ENACTED.
3) CLARIFICATION OF SECTION NO: ONE.
4) BENEFICIARY OF THE ACT.
5) WHO IS RESPONSIBLE FOR THE ACT.
6) WHAT ARE THE RESPONSIBILITIES OF OCCUPIER.
A) Responsibility towards Working houres, Weekly hol-
idays, Night shift, Over time , Double Employment
B) Responsibility towards Wefare measures
C) Respomsibility towards Health Measures
D) Responsibility towars Safty Measures
E) Responsibility toward Hazardous Process
F) General Responsibility
7) WHO IS INSPECTOR
8) PENALITIES FOR VIOLATION OF THE ACT.
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
1) DISCUSSION OF SECTION NO: ONE
SCOPE NAME
OF OF
ACT PREAMBLE ACT
TO REGULATE WORKING FACTORIES ACT,1948
CONDITION IN FACTORY.
APPLI
CABILI
TY OF
ACT
DATE:1/4/1949
AREA:WHOLE OF INDIA INCLUDING
JAMMU AND KASHMIR
2) OBJECTIVE OF THE ACT
@To regulate the working condition , working hours of workers employed in a fac-
tory
@And to protect the workers from being exploited by employer
@To protect the workers employed in factories against industrial and occupational
hazards
@To provide that employee should work in healthy and sanitary condition
@To secure safety of workers and for the prevention of accidents
@To promote healthy and welfare of the workers employed in a factory.
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
3) CLARIFICATION OF SECTION NO: ONE
A) APPLICABILITY
APPLICABLE TO
FACTORY
ESTABLISHMENT FACTORY ?
SECTION NO: 2(M)
WHERE MORETHAN OR WHERE MORETHAN OR
EQUAL TO 10 WORKERS EQUAL TO 20 WORKERS
WORKING ON ANY DAY OR WORKING ON ANY DAY
PRECEDING 12 3ONTHS PRECEDING 12 3ONTHS
+ +
MANUFACTURING PROCESS MANUFACTURING PROCESS
+
WITH THE AID OF POWER
+
WITHOUT THE AID OF
POWER
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
MANUFACTURING
PROCESS ?
1)Making , altering, repairing, ornamenting, finishing, packing, oiling,
washing, cleaning Breaking up, demolishing, otherwise treating or adapting
any articles or substance With the view to its use ,sales, transport, delivery
or disposal.
2)Pumping oil , water , sewage, or any other substance
3)Generating , transforming, or transmitting power
4)Composition type for printing , printing by letter press. Lithography,
photo grave or other similar process or book binding
5)Construction , reconstruction, repairing, refitting, finishing or breaking
up ship or vessel
6)Preserving or storing any article in cold storage.
B) NON APPLICABILITY
1)MINE 2) MOBILE UNIT BELONGING TO ARMED FORCES OF
UNION
3) RAILWAY 4) HOTEL 5) RESTAURANT 6) EATING PLACE
4) BENEFICIARY OF THE ACT
ANS: Employees
Q : Who is employee ?
“ A person employed for remuneration or not , in any manu-
facturing processOr in cleaning any part of the machinery or
premises used for manufacturingProcess on the subject of man-
ufacturing process but not includes ANY MEMBERS ARMED
FORCES OF UNION”
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
5) WHO IS RESPONSIBLE FOR THE ACT
ANS: EMPLOYER ?
BUT ITS OCCUPIER
Q : WHO IS OCCUPIER ?
ANS: “OCCUPIER IS THE PERSON WHO HAS ULTIMATE CONTROL
OVER THE AFFAIRES OF FACTORY”
IN CASE OF OCCUPIERS
FIRM OR ASSOCIATION OF INDIVIDUAL INDIVIDUAL PARTNER OR MEMBER
COMPANY ANY ONE DIRECTOR
FACTORY OWNED OR CONTROLLED BY CENTRAL THE PERSON APPOINTED TO
OR STATE GOVERNMENT OR LOCAL AUTHORITY MANAGE THE AFFAIRS OF THE
FACTORY
6) WHAT ARE THE RESPONSIBILITIES OF THE OCCUPAIER.
OCCUPIER RESPONSIBILITIES
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
A) RESPONSIBILITY
TOWARD OPENING
OF FACTORY
1) Send written notice containing details of
factory to Chief inspector , at least 15 days before begins to occupying any
premises as factory.
2) Send written notice to inspector and copy to chief inspector within 7
days , after the The appointment of MANAGER.
B) RESPONSIBILITY TOWARDS THE WORKING HOURES ,WEEKLY
HOLIDAY , SHIFT DUTY , OVERTIME, DOUBLE EMPLOYMENT .
WORKERS
MALE FEMALE
CHILD
CHILD ADOLSCENT ADULT
ADOLSCENT
CHILD ADULTADULT
ADOLSCENT
Q: WHO IS CHILD ? Q: WHO IS ADOLSCENT Q: WHO IS ADULT
PERSON
PERSON NOT COMPLETED A PERSON
COMPLETED 15 th YEAR OF WHO HAS
15 th YEAR OF AGE BUT NOT COMPLETED
AGE COMPLETED HIS 18 th year
18 th YEAR OF of age
AGE
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
PROVISION RELATING TO CHILD
1)Child up to 14 years of age is not allowed to work in factory.
2)Child completing 14 years of age is allowed to work in a factory if the
following conditions are satisfied.
1) CERTIFICATE OF FITNESS AS IN THE CUSTODY OF THE MANAGER OF FACTORY
Q : WHAT MEAN BY CERTIFICATE OF FITNESS AND WHERE FROM
ITS GRANDED.
ANS: CERTIFICATE OF FITNESS IS GRANDED BY CERTIFYING SUR-
GEON
Q : WHO IS CERTIFYING SURGEON ?
ANS: A MEDICAL PRACTITIONERS
Q : CERTIFYING SURGEON ISSUE CERTIFICATE VOLUNTARLY?
ANS: NO, APPLICATION BY CHILD OR HIS PARENT OR GUARDIAN
ACCOMPANIED BY DOCUMENT SIGNED BY MANAGER OF FAC-
TORY.THAT SUCH PERSON WII BE EMPLOYED THERE IN IF CERTI-
FID TO BE FIT FOR WORK IN FACTORY.
“ CERTIFYING SURGEON , AFTER EXAMINATION “ MAY GRAND TO SUCH CHILD
2) SUCH CHILD CARRIES WHILE HE IS AT WORK A TOKEN GIVING REFERENCE TO SUCH
CERTIFICATE.
1)No child shall be allowed to work in any factory for more than 4 and ½
hours in any Day and during night.
Imp: female child shall be allowed to work in any factory except 8 AM and
7 PM
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
2)The period of children employed in a factory shall be limited to 2 shift
which shall not Overlap or spread over more than 5 hours each .Each child
employed in only one of the relay.
3)Manager of factory in which children are employed shall maintain a reg-
ister of child workers
ANNUAL LEAVE
Child workers who has worked for a period of 240 days or more in factory
shall be Allowed leave with wage at the rate of 1 day for every 15 days of
work performed by him during the previous calander year.
PROVISION RELATING TO ADOLSCENT
ADOLSCENT shall not allowed to work in factory unless
1) CERTIFICATE OF FITNESS AS IN THE CUSTODY OF THE MANAGER OF FACTORY
2) SUCH CHILD CARRIES WHILE HE IS AT WORK A TOKEN GIVING REFERENCE TO
SUCH CERTIFICATE.
EFFECT OF CERTIFICATE
“ A CERTIFICATE OF FITNESS TO WORK IN FACTORY AS AN ADULT”
PROVISION RELATING TO ADULT
1)No adult worker shall be required allowed to work in a factory for more
than 9 hours In any day. Period of worker in a factory each day shall be so
be fixed that no period shall exceed.
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
2) 5 hours and that the worker shall work for more than 5 hours before he
has had an interval For rest of at least ½ hours.
3)Period of work of an adult worker in a factory shall be so arranged that
inclusive of his Interval for rest ,they shall not spread over more than 10
and ½ hours in any day.
4)No adult worker shall be required or allowed to work in a factory for
more than 48 hours
Q : IF ANY WORKER DOES WORK MORE THAN ABOVE SAID LIM-
IT , WHAT WILL DO ?
ANS: Where a worker in a factory works more than 9 hours or 48 hours in
any week , he shall be entitled to wages at the rate of twice his ordinary rate
of wage.
5) No adult worker shall be required or allowed to work in any factory on
any day on which he has already been working in any other factory.
6) No women worker shall be allowed to work in any factory except be-
tween the hours of 6 P.M and 5 A.M.
7) There shall be one holiday for every week (SUNDAY)
8) Where a worker has worked 240 days, adult worker shall be entitled to
leave for 20 days.
9) Worker may carry forward leave which are not taken as leave, to subse-
quent year subject to maximum of 30 days.
10) certain leaves deemed as present while computing 240 days
1) lay-off 2) maternity leave , not exceeding 12 weeks
Holiday shall be excluded while computing 240 days..
C) RESPONSIBILITES TOWARDS WELFARE MEASURES
1) CRECHES ( 30 women workers)
2) FIRST AID APPLIANCES ( 150 workers)
3) SHELTER,REST ROOMS AND LUNCH ROOMS ( 150 workers
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
4) CANTEENS ( 250 workers)
5)AMBULANCE ( 500 workers)
6) WELFARE OFFICERS ( 500 workers)
7) WASHING FACILITIES
8) FACILITIES FOR STORING AND DRYING CLOTHING
9)FACILITIES FOR SITTING
CRECHES ( 30 women workers)
In factory, where more than 30 women workers are employed, crèches
are required to be Provided for the use of children of workers under the
age of 6 year.
FIRST AID APPLIANCES ( 150 workers)
In a factory where,, 150 workers are employed ,FIRST AIDED BOXES
shall be provided And should be kept in charge of a separate responsible
person who hold a certificate in First aid treatment
SHELTER,REST ROOMS AND LUNCH ROOMS ( 150 workers)
In a every factory where more than 150 workers are working , adequate
and suitable Shifters or rest rooms or lunch rooms with provision for drink-
ing water where walkers canEat meals should be provided and maintained
for the uses of workers.
CANTEENS ( 250 workers)
Where 250 workers are employed , canteen facilities are required to be
provided by occupier
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
AMBULANCE ( 500 workers)
In every factory where more than 500 workers are employed , there
shall be provided And maintained an ambulance room containing pre-
scribed equipment and in charge of Qualified medical and nursing staff.
WELFARE OFFICERS ( 500 workers)
WELFARE OFFICERS ( 500 workers)
In factory, where more than 500 workers are working , occupier shall
appoint welfare officers .
WASHING FACILITIES
In every factory adequate and suitable facilities for washing shall be
provided and Maintained for the uses of workers . Separate and adequate
screened facilities shall be Provided for the uses of male and female workers.
FACILITIES FOR STORING AND DRYINGCLOTHING
Occupier shall set up facilities for keeping clothing not worn during
working hours and For the drying of wet cloth.
FACILITIES FOR SITTING
Suitable arrangement for sitting shall be provided and maintained for
all workers obliged to work in a standing position. In order that they make
take advantage of any opportunities For rest which may occur in the course
of their work.
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
D) RESPONSIBILITES TOWARDS HEALTH MEASURES
1) Cleanliness
2) Disposal of waste and effluent
3) Ventilation and temperature
4) Dust and fume
5) Artificial humidification
6) Overcrowding
7) Lighting
8) Drinking water
9) Latrine and urinal
10) Spittoon
CLEANLINESS
1) Dust, fumes and refuse should be removed daily
2) Floor , stair-cases and passages should be cleaned regularly.
3) Washing of interior walls and roofs – ONCE IN 14 MONTHS
If its painted by washable water paint- Repainting after every 3 years.
Where its painted by oil paint- ONCE IN 5 YEAR.
4) All doors and windows frames and other wooden or metalic framework
and shuttershould be kept painted or varnished and painting or varnishing
shall be carried out at least –ONCE IN 5 YEARS.
DISPOSAL OF WASTE AND EFFLUENT
Occupier shall make effective arrangement for treatment of waste and
effluent due to Manufacturing process.
3) VENTILATION AND TEMPERATURE
The occupier is require to make effective and suitable provisions for se-
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
circulation of air and to Maintain such temperature as will secure to work-
ers reasonable conditions of comfortAnd prevent the injury to health.
4) DUST AND FUME
Occupier shall make effective arrangement to prevent inhalation and
accumulation of dust and fumes In any work room.
5) ARTIFICIAL HUMIDIFICATION
The occupier shall make suitable arrangement for maintaining humid-
ity of air in working place, artificially.
6) OVERCROWDING
No room in any factory shall be overcrowded to an extent injurious to
the health of the Worker employed there in. There shall be in every work-
room in factory at least 14.2 cubic Meters of space for every worker em-
ployed there in
7) LIGHTING
I in every part of factory, where workers are working or passing , there
shall be provided And maintained sufficient and suitable lighting , natural
,artificial or both.
8) DRINKING WATER
In every factory effective arrangement shall be made by occupier to pro-
vide and maintain sufficient supply of wholesome drinking water.
9) LATRINE AND URINAL
In every factory there shall be provided and maintained , separate arrange-
ments for Toilet for male and female workers at convenient place.
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
. These should be adequately lighted , ventilated and maintained in a clean
and sanitary conditions
10) SPITTOON
In every factory there shall be provided a sufficient number of spit-
toons in convenient place. They shall be maintained in a clean and hygien-
ic conditions.
E) RESPONSIBILITES TOWARDS SAFTY MEASURES
1)Fencing of machinery 16) Safety of building and machinery
2) Work on near machinery in motion 17) Maintenance of Building
3)Employment of young person on dangerous machine
4) Striking gear and device for cutting off power 1
18) Safety officers (1000 workers)
5) Self-acting machines
6) Casing of new machinery
7) Prohibition of employment of women and children near cotton opener
8) Roust and lifts
9) Revolving machinery
10)Pressure plant
11) Pits ,sump , and opening in floors
12) Precaution against dangerous fumes , and gases
13) Precaution against using portable electronic light
14) Explosive or inflammable materials
15) Precaution in case of fire
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
18) SAFETY OFFICERS (1000 WORKERS)
I in factory, where more than 1000 workers are employing , occupier shall
appoint safety Officers to prevent accidents during the course of employ-
ment.
F) RESPONSIBILITES TOWARDS HAZARDOUS PROCESSES
Q : WHAT YOU MEAN BY HAZRDOUS PROCES
ANS : It means any process or activity in relation to an industry specified
to first schedule
where, unless special care is taken , raw material used there in or the
intermediate or finished product, bye products, wastes or effluents thereof
would
1) cause material impairment to health of the persons engaged in
2) result in the pollution of general environment
G) GENERAL RESPONSIBILITIES OF OCCUPIER
1) Sa far as is reasonably practicable, the health , safety and welfare of all
workers while they are at work in the factory.
2) The provision and maintenance of plantand system of work in the fac-
tory that are safe and without risks to health
3) The arrangement in the factory for ensuring safety and absence of risks
to health in connection with the use , handling , storage and transport of ar-
ticle and substance.
4) The provision of such information ,instruction, training and supervi-
sions are necessary to Ensure the health and safety, of all workers at home.
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
5) To draw up onsite emergency plan and detailed disaster control mea-
sures for factory andmake known to the workers and to the general public
living in the vicinity of factory, the safety measures required to be taken in
the event of accident taking place..
6) To lay down measures for handling usage, transportation and storage
of hazardous substance inside the factory premises and disposal of such
substance outside the factory premises and publicize them in the manner
prescribed among the workers and the general public living in the vicinity.
7 INSPECTOR
•Inspector is the person appointed by the state government.
•Sate government can prescribe the qualification for the appointment of
inspector.
•Sate government may assign the jurisdiction within which he shall ex-
ercise the power.
POWER
1) Inquire into any accident or dangerous occurrence
2) Enter factory premises for investigation
3) Examine the premises of employer
4)Require the production of any prescribed register or document
5) Seize, or take copies of ,any register, record or other documents.
6) Exercise such other power as may be prescribed
SUHAIL POTTAYIL ( FACULTY OF LAW AND ETHICS)
8) PENALTIES
OFFENCE PENALTIES
Contravention of provision of the act or Imprisonment: up to 2 year
rule Fine : up to 1,00,000
or both
On continuation of contravention 1000 per day
On contravention of provision relating to Not less than 25,000 in case of death
safety or Hazardous operation Not less than 5,000 in case of serious
injury.
Subsequent contravention of same Imprisonment : up to 3 years
provision Fine : Not less than 10,000
up to 2,00,000. or both
Obstructing inspector Imprisonment : 6 months
Fine : 10,000 or both
Wrongfully disclosing result pertaining to Imprisonment : 6 months
result of analysis Fine : 10,000 or Both
SUHAIL POTTAYIL (FACULTY OF LAW AND ETHICS)
