Ppt on THE FACTORIES ACT, 1948, Slides of Labour Law

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THE

FACTORIES

ACT, 1948

INTRODUCTION

• (^) The Factories Act 1934 was passed replacing all the previous legislation in regard to factories.
• (^) This act was drafted in the light of the recommendations of the Royal Commission on Labour.
• (^) This Act has also been amended suitably from time to time.
• (^) 120 SECTIONS
• (^3) SCHEDULES
• (^) 9 CHAPTERS

FACTORIES- DEFINITION- SECTION

2(m)

• (^) to any factory whereon ten or more workers are working with the aid of power.
• (^) to any factory whereon twenty or more workers are working without the aid of power.
• (^) Production should take plcae
• (^) but this does not include a mine, or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.

THIS ACT IS APPLICABLE ONLY TO ALL THE MANUFACTING UNIT THAT COMES UNDER THE PURVIEW OF FACTORIES UNDER SECTION 2(m) OF THE FACTORIES ACT, 1948

MANUFACTURING PROCESS IS A CONDITION FOR FACTORY IN SECTION 2(m) AND CAN BE BASED ON THE NUMBER OF WORKERS EMPLOYED.

WORKERS- DEFINITION- SECTION

2(i)

• (^) a person employed directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer
• (^) whether for remuneration or connected with the manufacturing process, or the subject of the manufacturing process
• (^) does not include any member of the armed forces of the Union

OCCUPIER- DEFINITION- SECTION

2(n)

• (^) the person, who has ultimate control over the affairs of the factory
• (^) FIRM- PARTNERS
• (^) COMPANY- DIRECTOR
• (^) Government (Central, State, Local Authorities)- The person appointed to manage the affairs of the company

DEFINITIONS UNDER FACTORIES

ACR, 1948

Adult An ‘Adult’ means a person who has completed his 18 year of age Sec.2(a) Adolescent An “Adolescent” means a person, who completes his fifteenth year of age but not his eighteenth year. Hence, he is someone who crosses the age of a child but is not an adult yet. Sec. 2(b) Child A ‘child’ means a person who has not completed his 15th year of age. Sec. 2 (c) Competent Person A “competent person”, in relation to any provision of this Act, means a person or an institution recognized as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory Sec. 2(ca) Calendar year ‘Calendar Year’ means the period of 12 months beginning with the first day of January in any year. Hence, it is different from the Financial Year (starts from 1st April). Sec.2(bb) Day It means a period of 24 hours beginning at midnight. Sec. 2(e) Week It means a period of seven days beginning at midnight on Saturday night or such other night (which CIF certifies). Sec. 2(f) Prime mover It means any shaft, wheel, drum, pulley, a system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover reaches any machinery or appliance. Sec. 2 (i)

Notice by Occupier- Section 7

• (^) send to the Chief Inspector a written notice
• (^) the name and situation of the factory
• (^) the name and address of the occupier
• (^) the name and address of the owner of the premises or building
• (^) the address to which communications relating to the factory may be sent
• (^) the nature of the manufacturing process
• (^) the number of workers likely to be employed in the factory
• (^) the name of the manager of the factory for the purposes of this Act

DUTY OF THE OCCUPIER – SECTION

7A

• (^) To ensure the health, safety and welfare of all workers while they are at work in the factory.
• (^) To provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers.
• (^) To provide arrangements in the factory for ensuring safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances
• (^) To provide such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work.

Section 9 Powers of Inspectors

• (^) Enter into the factories
• (^) examination of the premises, plant, machinery, article or substance
• (^) inquire into any accident or dangerous occurrence
• (^) Collect document relating to the factory
• (^) Photographs
• (^) Collect samples
• (^) exercise such other powers as may be prescribed

Section 10 Certifying surgeons.

• (^) The State Government may appoint qualified medical

practitioners to be certifying surgeons

• (^) A certifying surgeon has a duty to examine the young

persons employed or to be employed in a factory.

• (^) He has to exercise medical supervision when there are cases

illness which might have been occurred due to the nature of

manufacturing processes or the working condition

of the factory.

The main objective of Factories Act is towards the Health benefits to the workers. Health Chapter of the Act contains specification from Section 11 to 20. CHAPTER 3

Section 11- Cleanliness

• (^) It is mentioned in the provision that every factory shall be kept clean and free from discharge arising from any drain, or other nuisance.
• (^) wet during the working time, then they should take proper drainage process or steps.
• Clean the worker’s floor every week with proper disinfectant or any other effective method of cleaning.
• (^) Paint or repaint walls, ceilings, and staircases of the factory once in every 5 years.
• (^) Repaint the walls once in every 3 years in case of washable water paints.
• Paint and varnish all doors and window-frames and other wooden or metallic framework and shutters at least once in a period of 5 years.