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According to the
Factories Act,1948, a 'factory' means "any premises including
the precincts thereof - (i) whereon ten or more workers are working, or
were working on any day of the preceding twelve months, and in any part
of which a manufacturing process is being carried on with the aid of power,
or is ordinarily so carried on, or (ii) whereon twenty or more workers
are working, or were working on any day of the preceding twelve months,
and in any part of which a manufacturing process is being carried on without
the aid of power, or is ordinarily so carried on; but this does not include
a mine subject to the operation of the Mines
Act, 1952 , or a mobile unit belonging to the armed forces of the
union, a railway running shed or a hotel, restaurant or eating place."
The Act is administered by the Ministry
of Labour and Employment through its Directorate
General Factory Advice Service & Labour Institutes (DGFASLI) and
by the State Governments through their factory inspectorates. DGFASLI
was set up with the objective of advising the Central and State Governments
on administration of the Factories Act and coordinating the factory inspection
services in the States. It serves as a technical arm to assist the Ministry
in formulating national policies on occupational safety and health in
factories and docks. It also advises factories on various problems concerning
safety, health, efficiency and well-being of the persons at work places.
The organisational set up of DGFASLI is:-
- Its headquarters
in Mumbai - maintains overall liaison with its Central and Regional
Labour Institutes, frames policy, plans and executes the programs concerning
the organization on matters pertaining to safety, health and welfare
of workers in industries and docks. The headquarters consists of the
following divisions:-
- Central
Labour Institute (CLI) in Mumbai - is a centre for research, training
and consultancy on the various aspects of industrial work related to
the human factor. The activities of the institute are geared to improve
work methods and working conditions so as to enhance the safety, health
and productivity of the industrial workers and in general, his/ her
quality of work life. The divisions/ cells of the Institute consists
of the following:-
- The four Regional
Labour Institutes (RLIs) are:-
The important provisions of the Act are as follows:-
- No adult worker shall be required or allowed to work
in a factory:- (i) for more than forty-eight hours in any week; and/
or (ii) for more than nine hours in any day.
- Where a worker works in a factory for more than nine
hours in any day or for more than forty-eight hours in any week, he
shall, in respect of overtime work, be entitled to wages at the rate
of twice his ordinary rate of wages. The 'ordinary rate of wages' means
the basic wages plus such allowances, including the cash equivalent
of the advantage accruing through the concessional sale to workers of
foodgrains and other articles, as the worker is for the time being entitled
to, but does not include a bonus and wages for overtime work.
- Where a worker is deprived of any of the weekly holidays,
he shall be allowed, within the month in which the holidays were due
to him or within the two months immediately following that month, compensatory
holidays of equal number to the holidays so lost.
- The periods of work of adult workers in a factory each
day shall be so fixed that no period shall exceed five hours and that
no worker shall work for more than five hours before he has had an interval
for rest of at least half an hour.
- Every worker who has worked for a period of 240 days
or more in a factory during a calendar year shall be allowed during
the subsequent calendar year, leave with wages for a number of days
calculated at the rate of - (i) if an adult, one day for every twenty
days of work performed by him during the previous calendar year; (ii)
if a child, one day for every fifteen days of work formed by him during
the previous calendar year. In the case of a female worker, maternity
leave for any number of days not exceeding twelve weeks.
- In order to safeguard the health of the workers:-
- Every factory shall be kept clean and free from
effluvia arising from any drain, privy or other nuisance and in
particular accumulations of dirt.
- Effective arrangements shall be made in every factory
for the treatment of wastes and effluents due to the manufacturing
process carried on therein, so as to render them innocuous and for
their disposal.
- Effective and suitable provision shall be made in
every factory for securing and maintaining in every workroom adequate
ventilation by the circulation of fresh air; and such a temperature
that will secure to workers reasonable conditions of comfort and
prevent injury to health.
- No room in any factory shall be overcrowded to an
extent injurious to the health of the workers employed therein.
- Every part of a factory, where workers are working
or passing, shall be provided with sufficient and suitable lighting,
natural or artificial, or both.
- In every factory effective arrangements shall be
made to provide, at suitable points conveniently situated for all
workers employed therein, a sufficient supply of wholesome drinking
water.
- In order to ensure safety of the workers:-
- Every dangerous part of any machinery shall be securely
fenced and constantly maintained to keep it in position.
- No young person shall be required or allowed to work
at any dangerous machine unless he has been fully instructed as
to the dangers arising from it and the precautions to be observed
as well as has received sufficient training in work at the machine.
- No woman or child shall be employed in any part of
a factory for pressing cotton in which a cotton-opener is at work
(subject to the given conditions).
- In every factory every hoist and lift shall be -
(i) of good mechanical construction, sound material and adequate
strength; (ii) properly maintained, and thoroughly examined by a
competent person at least once in every period of six months.
- No person shall be required or allowed to enter
any chamber, tank, vat, pit, pipe, flue or other confined space
in any factory in which any gas, fume, vapour or dust is likely
to be present to such an extent as to involve risk to the workers,
unless it is provided with a manhole of adequate size or other effective
means of egress.
- Certain facilities to be provided to the workers:-
- Every factory shall provide and maintain readily
accessible first-aid boxes or cupboards equipped with the prescribed
contents, and the number of such boxes or cupboards shall not be
less than one for every one hundred and fifty workers ordinarily
employed at any one time in the factory.
- In any factory wherein more than two hundred and
fifty workers are ordinarily employed, a canteen or canteens shall
be provided and maintained by the occupier for the use of the workers.
- In every factory wherein more than one hundred and
fifty workers are ordinarily employed, adequate and suitable shelters,
rest rooms and lunch room, with provision for drinking water, where
workers can eat meals brought by them, shall be provided and maintained
for the use of the workers.
- In every factory wherein more than thirty women workers
are ordinarily employed, there shall be a suitable room or rooms
for the use of children under the age of six years of such women.
Such rooms shall provide adequate accommodation, lighting and ventilation
with clean and sanitary condition.
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