1. Define the Factory Act. Briefly describe the provisions made for health, safety and welfare under the Factory Act 1948.

 

Salient features of Factories Act, 1948

• The word “factory” has been expanded by the Factories (Amendment) Act of 1976 to include contract labour when determining whether a factory has a maximum of 10 or 20 employees.
• The Act increased the minimum age for children to work in workplaces from 12 to 14 and reduced their daily working hours from 5 to 4 and a half.
• The Act forbids women and children from working in factories from 7 p.m. to 6 a.m.
• The difference between a seasonal and non-seasonal factory has been abolished by the Act.
• The Act, which has provisions for factory registration and licencing.
• The state government is required to make sure that all factories are registered and also have valid licences that are renewed from time to time.
• The Act gives state governments the authority to enact rules and regulations that ask for management and employee association for the benefit of employees.
• The state government has the authority to apply the Act’s requirements to any establishment, regardless of the number of employees inside and regardless of whether the establishment engages in manufacturing operations.
• In Rabindra Agarwal v. State of Jharkhand (2010), the Jharkhand High Court held that the Factories Act, special legislation would prevail over the Indian Penal Code

Objectives of Factories Act, 1948

The important objectives of the 1948 Act are as follows:

• The major goal of the Factories Act of 1948 is to establish adequate safety measures and to enhance the health and welfare of workers employed in a factory. The Act also protects workers from various industrial and occupational hazards.
  • Heath: According to the Act, all factories must be kept clean, and all essential safeguards must be taken to safeguard the health of workers. The factory must have a sufficient drainage system, adequate lighting, ventilation, temperature, etc.  There must be clean water supplies. Separate restrooms and urinals must be built in convenient locations for males and females. These must be freely accessible to employees and kept clean.
  • Safety: The Act requires that machines be properly fenced; that no young adults work on any dangerous machines in enclosed places, and also that appropriate manholes be provided so that employees may escape in an emergency. 
  • Welfare: The Act specifies that appropriate and suitable washing facilities for workers must be provided and maintained in every factory. There must be storage and drying facilities, as well as sitting areas, first-aid equipment, shelters, restrooms and lunch rooms.
  • The Act also imposes some restrictions on the employment of women, small children, and teenagers, such as working hours, intervals, holidays, etc., as well as on annual leave with pay, etc.
    • Working hours: The Act sets working hours for all workers, and no adult worker must be permitted to work in a workplace for more than 48 hours per week. Weekly holidays need to be granted.
  • The Act also imposes specific restrictions on owners, occupiers, or the manufacturer’s head in order to safeguard employees and ensure their health and safety precautions.
  • The Act protects workers from exploitation and improves working conditions and the environment within factory premises.
  • Penalties: The Act also specifies specific rules created with provisions under the Act, and written orders that are violated. It is an offence, and penalties will be imposed, imprisonment for up to a year; a fine of up to one lakh rupees; or both fine and imprisonment.  Any employee who misuses equipment related to the welfare, safety, and health of other employees, or those connected to the performance of his duties, suffers a Rs.500 fine.

    Application of the Factories Act,1948

    The important applications of the 1948 Act are as follows:

    • The Act also applies to the whole country of India, including Jammu and Kashmir, and covers all manufacturing processes and premises that fall under the definition of a factory as defined in Section 2(m) of the Act. It also applies to factories owned by the central or state governments, as defined in Section 116 of the Act.
    • The Act is applied and limited to factories that use power and employ 10 or more people on any working day in the preceding 12 months.
    • The Act is applied and limited to factories that do not use power and employ 20 or more people on any working day in the preceding 12 months.
    • The Act is also covered under Section 85 of the Factories Act by the state governments or Union Territories.

    • Definitions under the Factories Act, 1948

      The important definitions under the 1948 Act are as follows:

      Adult and child: An adult is defined as someone who has attained the age of eighteen, as defined in Section 2(a) of the Act.

      A child is someone who has not attained the age of fifteen, as defined in Section 2(c) of the Act.

      Adolescent: Adolescent is defined in Section 2(b) of the Act. An adolescent is defined as someone who has attained the age of fifteen but has not yet attained the age of eighteen. 

      Calendar year: The calendar year is defined in Section 2(bb) of the Act. A calendar year is a period of twelve months commencing on January 1st of any year. 

      Competent person: A competent person is defined in Section 2(ca) of the Act. A competent person is someone or a group of individuals who have been approved by the Chief Inspector to conduct tests, examinations, and inspections that must be conducted in a plant. He/she is someone who has the necessary knowledge and experience to handle the complexity of the issue. 

      Hazardous process:  Hazardous process is defined in Section 2(cb) of the Act. A hazardous process is defined as any process or activity related to the industry that requires special care of raw materials that are used in it, intermediate or finished products, by-products, wastes, or effluents that would cause material impairment to the health of those engaged in or connected with it or that result in polluting the environment. 

      Machinery: Machinery is defined in Section 2(j) of the Act. The term covers prime movers, transmission machinery, and any other equipment and appliances that produce, transform, transmit, or apply power. 

      Power: Power is defined in Section 2(g) of the Act. Power is defined as any type of mechanically transmitted energy that is not created by a human or animal agency.

      Week: Week is defined in Section 2(f) of the Act.  A week is defined as a seven-day period beginning at midnight on Saturday night or other nights that have been approved in writing for a specific area by the Chief Inspector of Factories. 

      Day: Day is defined in Section 2(e) of the Act. A day is defined as a 24-hour period beginning at midnight.

      Young person: Young person is defined in Section 2(d) of the Act. A young person is defined as a child or an adolescent. 

      Factory: The definition of a factory is specified in Section 2(m) of the Factories Act 1948. A factory is any premises, where it has certain limits and boundaries-

      • If a manufacturing process is regularly carried out in any portion of the premises with the use of power and with ten or more workers now engaged in such activity or were engaged in such work on any day during the previous twelve months; or
      • If any element of a manufacturing process is performed inside the premises without the use of power and is regularly performed with twenty or more employees working or having worked there on any given day within the previous twelve months.

      Manufacturing process: The manufacturing process definition is specified under Section 2(k). The term “manufacturing process” refers to any process for: 

      • Generating, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, demolishing, or otherwise treating or adapting any article or; 
      • A substance in preparation for use, sale, transportation, delivery, or disposal or;
      • Producing, transforming, or transmitting energy or;
      • Creating type for printing, letterpress printing, lithography, bookbinding, or any other similar process or;
      • Constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or vessels, etc. (as defined by the 1976 Amendment Act);
      • Preserving or storing any item in cold storage.

      Worker: The worker definition is specified under Section 2(l). A worker is someone who performs any job associated with a manufacturing process, whether they are employed directly or indirectly through an agency, a contractor, or any other means. This helps to maintain any equipment or facilities utilised in the manufacturing process. The worker may be hired with or without the principal employer’s knowledge and with or without compensation.