Factories Act 1947
Factories Act 1947
Factories Act 1947
OBJECTIVES
To regulate working conditions in factories. To ensure that basic minimum requirements for the safety, health and welfare of the factory workers are provided. To regulate the working hours, leave, holidays, overtime, employment of children, women and young persons, etc.
workers are employed on any day of the preceding 12 months and a manufacturing process is carried on without the aid of power.
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Thus, a factory is a premises where a manufacturing process is carried on, the word premises must not be restricted to mean buildings alone and shall cover open land as well. Factories how ever does not include a mine covered under the mine act 1952, a mobile unit of the armed forces, a railway shed or a hotel, or restaurant or eating place.
Compulsory approval, licensing and registration of factories. Health measures. Safety measures. Welfare measures. Working hours. Employment of women and young persons. Annual leave provision. Accident and occupational diseases. Dangerous operations. Penalties. Obligations and rights of employees.
OBLIGATIONS OF EMPLOYER
1) COMPULSORY APPROVAL: THE OCCUPIER OF ANY FACTORY HAS TO OBTAIN PRIOR APPROVAL OF THE STATE GOVERNMENT FOR THE SITE ON WHICH THE FACTORY IS TO BE SITUATED AND FOR THE CONSTRUCTION OR EXTENSION OF A FACTORY.
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WHENEVER A NEW MANAGER IS APPOINTED THE OCCUPIER MUST INTIMATE THE INSPECTOR AND THE CHIEF INSPECTOR IN THE PRESCRIBE FORM, WITHIN 7 DAYS FROM THE DATE HE TAKES OVER THE CHARGE.
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Every occupier shallA) Ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory B) Provide and maintain plant and systems of work in the factory that are safe and without risks to health C) Make arrangements for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of article and substances. D) Provide necessary information, instruction, training and supervision for health and safety of all workers.
E) Maintain all places in the factory in a condition that is safe and without risks to health.
F) Provide and maintain such working environment in the factory that is safe, without risks to health and with adequate facilities and arrangements for the welfare of workers .
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(5) GENERAL DUTIES AS REGARDS ARTICLE AND SUBSTANCES FOR USE IN FACTORIES: Every person who design, manufacture, imports or supplies any article for use in any factory shall
A) Ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to health of the workers when properly used. B) Take necessary steps to ensure that adequate information will be available in the connection with the use of the article and conditions necessary to ensure that the article, when put to such use, will be safe and without risks to health of the workers.
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6) TO PROVIDE HEALTH MEASURE:
The occupier of factory is obligated to undertake following measure for measures for ensuring good health and physical fitness:A) The occupier is required to keep the factory premises clean and free waste and effluvia should make arrangement for sweeping and removing dirt daily. B) Keep the factory adequately ventilated temperature and humid.
7) To undertake safety measures: Every factory must take appropriate safety measure as provided under the act
A) Fencing of all dangerous and moving parts of the machinery while in motion or use B) Young persons (between 15 to 18) are not supposed to work on any dangerous machine without adequate training and supervision. C) Keeping floors, stairs, steps, etc free from obstructions and slippery substances and provided with substantial handrails.
D) Taking necessary precautions and providing screens or goggles for protection of eyes, precautions to prevent exposure to dangerous fumes, gases or dust, and measure to prevent accumulation of explosive or in flammable dust, fumes, gases or vapors.
8) WELFARE AMENITIES: All the factories shall provide adequate and suitable facilities for
A) Washing and drying of wet cloths and storing of cloths B) Sitting arrangements for employee who are required to work in standing position in order that they may take shorts rests in the course of their work C) First aid box or cupboards equipped with prescribe contents shall be provided
D) Factory should provide ambulance room if workers are more than 500
E) The canteen should be provided with sufficient light and ventilated F) They should provide drinking water in rest rooms, shelters and lunch rooms. G) Crches should provide when more than 30 women workers are employed in than factory.
A) Restriction for women workers not to work at night. And the child below 14 is not to be employed in the factory
B) No dual employment C) The working hours for an adult should not exceed 48 hours in a week. D) Every worker should allowed at least half an hour rest interval after a maximum working of 5 hours at a stretch E) No overlapping of shift F) Every worker should have one holiday in a week G) If a person does more work at usual time he should receive the wages double the ordinary rate of wages
10) LEAVE WITH WAGES: earned leave- every workers who has worked for a period of 240 days or more during a calendar year or if his services commence after first of January, then for at least two third s or the total number of days in the remaining part of the year.
(1) in addition to the notices required to be displayed in any factory by or under this act, there shall be displayed in every factory a notice containing such abstracts of this act and of the rules made there under as may be prescribed and also the name and address of the inspector and the certifying surgeon. (2) all notices required by or under this act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition. (3) the chief inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.
12) Notice of accidents, dangerous occurrence and diseases: the manager of a factory is required to send notice of the fatal and other accidents causing disablement to worker for a period of 48 hours or more, dangerous occurrences whether causing any bodily, injury or not, and any worker contacting any occupational disease
13) Obligations regarding hazardous process/ substances; the manager required to undertake the following measure for ensuring safety of life and health of the workers the occupier or manager inform the workers, the local authority and the general public in the vicinity of the factory, about the dangerous and health hazards caused by the hazardous process A) They should have plane to handle usage and storage of hazardous inside the factory and their deposal outside the factory B) The occupier shall also maintain accurate and up to date health /medical records of the workers who are exposed to any chemical, toxic or any other harmful substances.
C) The occupier should inform the chief inspector about the hazardous process within 30 days before the commencement of such process