FACTORIES ACT
The object of the
Factories Act is to regulate the conditions of work in manufacturing
establishments coming within the definition of the term "factory" as
used in the Act.
The
first Act, in India, relating to the subject was passed in 1881. This was
followed by new Acts in 1891, 1911, 1922, 1934 and 1948. The Act of 1948 is
more comprehensive than the previous Acts. It contains detailed provisions
regarding the health, safety and welfare
of
workers inside factories, the hours of work, the minimum age 6f, workers,
leave with pay etc. The Act has been amended several times.
The
Act is based on the .provisions of the Factories Act of Great
Britain
passed in 1937.
In 1976 the Act was amended extensively. The provisions
of the Amendment have been quoted and summarised at the appropriate .places in
this chapter.
APPLICATION OF THE ACT
The
Factories Act of 1948 came into force on 1st April 1949; It applies to
factories, as defined in. the Act, all over India, including the State of Jammu
and Kashmir.
Unless 'otherwise
provided, the Factories Act applies to factories belonging to the Central or
any State Government.--Sec. 116.
DEFINITIONS UNDER THE FACTORIES ACT
.Factory. The term Factory
is defined in Section 2 (m) of the Act as follows: "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 does not include a
mine subject to the operation of the Indian Mines Act, 1952 (Act XXXV of 1952),
or a mobile unit belonging to the armed forces of the Union, a railway running
shed or a hotel, restaurant or eating place.
Explanation.-For computing
the number of workers for the purposes of this clause all the workers in
different relays in a day shall. be taken into account.
[Clause 2(m) as amended in 1976.]
Under Section 85, the State Government is empowered to declare
any establishment carrying on a
manufacturing process to be a factory for the purposes of the Act even though
it employs less than the prescribed minimum number of workers, provided that
the manufacturing process is not being carried on by the owner only with the
aid of his family.
Summary:
From
Sec. 2(m) of the Act it follows that m establishment comes within the
definition of a Factory if the conditions stated below are satisfied :
1.
It is a place where a "manufacturing process" is carried on.
2.
It employs the prescribed minimum number of "workers"
viz., ten if
"'power" is used, and twenty if no "power" is used. It is
sufficient if the prescribed number of workers were employed on any day of the
preceding twelve months.
3.
. It is not a mine coming within the purview of the Indian Mines Act of 1952, a
railway running shed, mobile unit belonging to the armed forces of the Union, a
hotel, restaurant or eating place.
Manufacturing
Process. This term is defined in Section 2(k) in a very wide
sense. It iIicludes :
(i) making, altering, ornamenting,
finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adopting
any article or substance with a view to its use, sale, transport, delivery or
disposal; or
(ii)
pumping oil, water, sewage or any other
substance; or (Hi) generating,
transforming or transmitting power; or
(iii)
(iv)
composing types for printing, printing by letter press, lithography,
photogravure or other similar processes or book binding ; or
(v)
constructing, reconstructing, repairing, refitting, finishing or breaking up
ships or vessels ; or
(vi)
preserving or storing any article in cold
storage.
For the corresponding section of the
English Act, it was held that the different processes enumerated in the clauses
are merely illustrative so that laundries, ,carpet beating, or bottle washing
works come within the Act, if mechanical power is used. Patterson v. Hune
The following undertakings
have been held to be manufacturing processes-bidi-making; conversion of
raw-films into finished products; the preparation of eatables in the kitchen of
a restaurant ; use of a refrigerator for
adapting any article with a view to its sale.
The scraping out of salt
and grading them, even though done by, manual labour, is a manufacturing process.
Worker.
"Worker means 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 not in any manufacturing process, or in
cleaning any part of the machinery or premises used for a manufacturing
process, or in any other kind of work incidental to, or connected 'with, the
manufacturing process" or the subject of the manufacturing process but
does not include any member of the armed forces of the Union."-Sec. 2(1),
as amended in 1976.
Explanation: Worker
means any person engaged in any work connected with or incidental to a
manufacturing .process. Thus the definition is wide. The term includes persons
engaged directly and, also those who are engaged through an agency (including a
contractor with or without the knowledge of the principal employer). The term
includes clerical workers and persons paid by piece rates in a factory.
The term
'worker' does not include any member of the armed forces of Union. .
,
,
, In case of a factory worker there must be a
relationship between
the employer and the employed. "
Apprentices,
whether remunerated or not, are workers within the meaning of the Act.
Power.
"Power means electrical energy, or any other form of energy which is
mechanically transmitted and is not generated by human or animal
agency."--Sec. 2(g).
Prime
mover. "Prime mover means any engine, motor or other
appliance which generates or otherwise provides power."--Sec. 2(h).
Transmission machinery.
"Transmission machinery means any shaft, wheel, drum pulley, system of
pulleys, coupling, clutch,'driving belt or other appliance or device by which
the motion of a prime mover is transmitted to or received by any machinery or
appliance".--Sec. 2(i).
Machinery. "Machinery
includes prime movers, transmission machinery and all other appliances whereby
power is generated, transformed, transmitted or applied."--Sec. 2(j).
Adult. "Adult means
a person who has completed his eighteenth year of age".--Sec. 2(a). °
Adolescent.
"Adolescent means a person who ha$ completed his fifteenth year of age
°but has not completed his eighteenth year."Sec. 2(b).
Child.
''Child means a person who has net completed his fifteenth year of age."
--Sec. 2 ( c) .
Young Person.
"Young Person means a person who is either a child or an
adolescent."--Sec. 2(d).
Calendar Year.
"Calendar Year means the period of twelve months beginning with the first
day of January in any year."
Sec.
2(dd). °
Day. "Day means a
period of twenty four hours beginning at midnight." --Sec. 2 ( e) .
References to the time of the day in
the ° Act are to the Indian Standard Time. In areas where the I.S.T. is not
observed, the State Government can by rules define the local mean time.--Sec.
3.
Week.
"Week means a period of seven days beginning 'at midnight on Saturday
night or such other night as may be approved in writing Jar a particular area
by the Chief Inspector of Factories." --Sec. 2(f).
Shift and Relay.
Where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such sets is called a
"relay" and each of such periods is called a "shift."-Sec.
2(r).
Occupier.
"Occupier" of a factory means the person who has ultimate control
over the affairs of the factory, and where the said affairs are entrusted to a
managing agent, such agent shall be deemed to be the occupier of the
factory.--Sec. 2(n).
In case of a ship, which is being
repaired or on maintenance work is being carried out in dry dock which is available
for hire, the following persons for certain section of the Act will be deemed
to be occupier (i) the owner of the dock, and (ii) the owner of
the ship or his agent or master or other officers-in-charge in the ship or any
person who contracts with such owner, agent or master or other
officers-in-charge to carry out the repair or maintenance work.-Sec. 2(n) added
by The Factories (Amendment) Act, 1976.
The Act imposes several duties and
responsibilities on the occupier of the factory. (See below).
An occupier of factory may be an
owner, a lessee or a mere licensee but he must have the right to occupy the
property. He should also control the management.
APPROVAL, LICENCING AND
REGISTRATION
It is necessary to obtain
a" licence before a factory is started. Section 6 provides that the State
Government may make rules requiring, for the purposes of this Act, the
submission of plans or any class or description of factories to the Chief
Inspector or the State Government, and the plans and specifications of a
factory and its location.
The Amendment of 1976 provides that
any replacement and addition to the factory will not be allowed if it does not
reduce the minimum clear space required for safe working around the
plant or machinery or adversely affect the environmental conditions from the
evolution or emission of steam, heat or dust or fumes injurious to health.
Notice by occupier.
Section 7 provides that the occupier of a factory must, at least 15 days before
he begins to occupy or use any premises as a factory; send to the Chief
Inspector of Factories a written notice containing the following particulars:
(
1 ) the name and situation of factory ;
(2)
the name and address of the occupier ;
(3) the name and address of the owner of the
premises or building (including the
precincts thereof) ;
( 4) the address to which
communications relating to factory may be sent ;
(5) the nature of the manufacturing
process to be carried on in the factory during the next twelve months ;
( 6) the total rated horse power installed
or to be installed in the factory, which shall not include the rated – horse
power or any separate stand-by plant;
(7) the name of the manager of the
factory for the purposes of this Act ;
(8) the number of workers likely to be
employed in the factory ;
(9) such other particulars as may be
prescribed.
The rules stated above are enforced .
because the plans and specifications of the factory must insure proper measures
of health, safety and welfare of the workers.
THE
INSPECTI0N STAFF
The Factories Act empowers
the State Government to appoint Inspectors, Chief Inspectors of Factories,
Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief
Inspectors. Every District
Magistrate is an Inspector for his
district. No person can act as an Inspector if .he is or becomes directly or
indirectly interested in a factory or in any process or business carried on
therein or in any patent or machinery connected therewith.
Powers of
Inspectors. Section 9 provides that subject to any
rules made in this behalf, an Inspector may exercise the following powers
within the local limits for which he is appointed :
(a) enter, with such
assistants, being persons in the service of the Government or any local or
other public authority, as
he thinks fit, and place which is used, or
which he has reason to believe is
used, as a. factory ;
(b) make examination of
the premises, plant and machinery;
(c) require the production of
any prescribed register and any other document relating to the factory, and
take on the spot or otherwise statements of any person which he may consider
necessary for carrying out the purposes of the
Act; and .(d) exercise such
other powers as may be prescribed for carry ing out the purposes of this Act.
No person
shall be compelled under this section to answer any question or give any
evidence tending to incriminate himself.
Under Section 91, an Inspector may take a sample of any substance,
used or intended to be used in a factory, for the purpose of finding out
whether the substance is injurious and if the factory is violating any of the
provisions of the Act.
Obstructing an Inspector.
Whoever wilfully obstructs an Inspector in the exercise of any power conferred
on him by or under this Act, or fails to produce on demand by an Inspector any
registers Of other documents in his custody kept in pursuance of this Act or of
any ru.!es made thereunder, or conceals or prevents any worker in a factory
from appearing before, or being examined by, an Inspector, shall be punishable
~with imprisonment for a term which may extend to three months or with fine
which may extend to Rs. 300 or with both.-Sec. 95. .
The onus is on the prosecution to show
that a person has obstructed an inspector.
Duties of Inspector.
It is the duty of factory inspectors to enforce the provisions of the Factories
Act and other industrial laws. For this purpose they inspect factories
periodically. If any rule is violated they take steps like prosecuting the
guilty persons etc.
CERTIFYING SURGEONS
Section 10 provides that
the State Government may appoint qualified medical practitioners to be
certifying surgeons for the purposes of the Act for specified local areas or
for specified factories or class of factories.
No person can be a
certifying surgeon for a factory or industry in which he is interested
.directly or indirectly.-Sec. 10(3).
The State Government may
by order in writing and subject to specified conditions, exempt any person or
class of persons from the provisions of this sub-section in respect of any
factory or class or description of factories.
Duties.
The certifying surgeon has the following duties under the Act and the rules
framed under it.
1.
The examination and certification .of young persons.
2. The examination of persons engaged
in factories in dangerous
occupations or processes. .
3. Medical supervision of factories in
cases where such supervision had been prescribed owing to the dangerous nature
of the work carried on or for any other reason, viz.,
(i)
cases of illness have occurred which it is reasonable to believe are due to the
nature of the manufacturing process carried on,. or other conditions of work
prevailing therein;
(ii) by reason of any change in the
manufacturing process carried on or in the substances used therein there is a likelihood
of injury to the health of workers employed in that manufacturing process ;
(iii) young
persons are, or about to be employed in any work which is likely to cause
injury to their health.
(iv)
PROVISIONS REGARDING THE HEALTH OF
WORKERS
Sections 11 to 20 of the
Act contain certain provisions intended to ensure that the conditions under
.which work is carried on in factories do not affect the health of the workers
injuriously. The summary of the provisions
are explained below :
Summary
of the provisions of the Factories Act. relating -to the health of workers are
stated below.
1. Cleanliness.
Every factory shall be kept clean and free from dirt, and the outflow of drains
etc. The floors must be cleaned. Drainage shall be provided. Inside walls,
partitions and ceilings must be repainted at least once in five years. When
washable water paint is used they must be painted once every three years and
washed at least every period of six months.-Sec. 11,' as amended in 1976.
2. Disposal of wastes
and effluents. The waste materials produced from the manufacturing process
must be effectively disposed off-Sec. 12.
3. Ventilation 'and
Temperature. There must be provision for adequate
ventilation by the circulation of fresh air: The temperature
must
be kept at a comfortable level. Hot parts of machines must be
'separated
and insulated.-Sec. 13.
4. Dust and Fume.
If the .manufacturing process used. gives off injurious or offensive dust and
fume steps must be taken so that they are not inhaled or accumulated. The
exhaust fumes of internal combustion engines must be conducted outside the
factory.--Sec. 14.
5. Artificial humidification.
The water used for this purpose must be pure. It must be. taken from some
source of drinking water supply. The State Government can frame rules .regarding
the process of humidification etc.-8ec. 15. .
6.
OverCrowding. There must be no overcrowding in a factory.
In factories existing before the commencement of the Act there must be at least
350 c.ft. (~r 55 cubic metres) of space per worker. For factories built
afterwards, there must be at least 500 c.ft. (or 75 cubic metres) of space. In
calculating the space, an account is to be taken of space above 14 ft. (or 5
metres) from the floor.-Sec. 16.
7. Lighting.
Factories must be well lighted. Effective measures must be adopted to prevent
glare or formation of shadows which might cause eyestrain.-sec. 17.
8. Drinking water.
Arrangements must be made to provide a sufficient supply of wholesome drinking
water. All supply' points of such water must be marked "drinking
water". No such points shall be within 20 ft. (or 7.5 metres) of any
latrine, washing place etc. Factories employing more than 250 workers must cool
the water during the hot weather.-Sec. 18. .
9. Latrines and Urinals.
Every factory must provide' sufficient number of latrines and urinals. There
must be separate provision for male and female workers. Latrine and urinals
must be kept in a clean and sanitary condition. In factories. employing more
than 250 workers, they shall be of prescribed sanitary types.--sec. 19.
PROVISIONS
REGARDING THE SAFETY OF WORKERS
Sections 21 to 40A, 40B and 41 of the
Act lay down rules for the purpose of securing the safety of workers. Summary
of the provisions of the Factories Act regarding the safety of the workers are
stated below: (Sections 2l to 41) .
1. Fencing to machinery. All
dangerous machinery must be securely fenced e.g., moving .parts-
of prime movers and flywheels connected to every prime mover. electric
generators. etc.-Sec. 2l.
2. Work on or near machinery in motion. Work
on or near machinery in motion must be carried out only by specially trained
adult male workers wearing tightly fitting c1othes.-Sec. 22.
3. Employment of
young persons’ on dangerous machines. No young person
shall work at any dangerous machine' unless he has been specially instructed as
to the dangers and the precautions to be observed. has received
sufficient training about th~ work. and is under the supervision of some person
having thorough knowledge and experience of the machine.-Sec. 23.
4.
Striking gear and devices for cutting off power. In
every factory suitable devices for cutting off power in emergencies from
running machinery shall be provided and maintained in every workroom.~. 24.
5.
Self-acting machines. Moving parts of
a self-acting machine must not be allowed to come within 45 cms. of any fixed
structure which is not part of the machine.-Sec. 25.
6.
Casing of new machinery. In
all machinery installed after the commencement of the Act. certain parts must
be sunk, encased or otherwise effectively guarded e.g.. Set screw, Bolt,
toothed gearing etc. -sec. 26.
7. Women and children near cotton
Openers. Women and children must
not be allowed to work near cot/On openers, except in certain
cases.-Sec. 27
8. Hoists, lifts, chains
etc, Every hoist and lift
must be so constructed as to be safe. There are
detailed rules as to how such safety is to be secured. There are similar
provisions regarding lifting machines, chains, ropes and lifting tackle .Sec.
28. 29.
9.
Revolving machinery. Where grinding is
carried on the maximum safe working speed of every revolving machinery connected therewith must be
notified. Steps must be taken to see that the safe speed is not exceeded.-Sec.
30.
10.
Pressure plant. Where any operation
is carried on at a pressure higher than the atmospheric pressure, steps
must be taken to ensure that the safe working pressure is not exceed~cL-.sec.
31.
. 11. Floors, stairs and means
of access. All floors,
steps, stairs, passage and gangways shall be of sound construction
and properly maintained. Handrails shall be provided where necessary. Safe
means of access shall be provided to the place where the worker will carry on
any work.-Sec. 32.
12.
Pits, sumps, openings in floors etc. Pits, sumps,
openings in floors etc. must be securely covered or fenced. Sec. 33.
13.
Excessive weights. No worker shall be made to carry a load
so heavy as to cause him injury.-8ec. 34.
14.
Protection of eyes. Effective
screen or suitable goggles shall be provided to protect the eyes of the
worker from fragments thrown off in course of any manufacturing process and
from excessive light if any.-Sec. 35.
15.
Precautions against dangerous fumes. No
person shall be allowed to enter any chamber, tank etc. where dangerous
fumes are likely to be present. Unless, it is equipped with a manhole or
other means of going out. In such space no portable electric light of more than
24 ,volts shall be used. Only a lamp or light of flame proof construction can
be used in such space. For people entering such space suitable breathing
apparatus, reviving apparatus etc. shall be provided. Such places shall be
cooled by ventilation before any person is allowed to enter.-8ecs. 36 and 36A.
16. Explosive or inflammable gas etc. where
a manufacturing process produces inflammable gas. dust. fume. etc. steps must
be taken to enclose the machine concerned, prevent the accumulation of
substances and exclude all possible sources of ignition. Extra
precautionary measures are to be taken where such substances are worked at
greater than the atmospheric. pressure.-Sec. 37.
17.
Precaution in case of fire. Fire escapes shall
be provided. Windows and doors shall be constructed to open outwards. The means
of exit in case of the fire shall be clearly marked in red letters. Arrangements
must be made to give warning in case or fire -sec. 38
18. Specifications of defectives etc. and
safety of buildings and machinery. If
any building or machine is in a defective or dangerous condition, the
inspector of factories can ask fer the holding of tests to determine how they
can be made safe. He can also direct the adoption of the measure
necessary to make them safe. In case of immediate danger, the use of the
building or machine can be prohibited.-Secs. 39. 40.
19. Maintenance of Buildings. If
the Inspector of Factories thinks that any building in a factory, or any. part
of it. is in such a state of disrepair that it is likely to affect the health
and welfare of the workers. he may serve on the occupier or manager or both in
writing specifying the measures to be done before the specified date. Sec.
4OA.
20.
Safety Officers. The State
Government may notify to the occupier to employ a number of Safety Officers in
a factory (i) wherein one thousand or more workers are ordinarily
employed. or (ii) wherein any manufacturing process or operation which
involves the risk of bodily injury, poisoning. disease or any other hazard to
health of the persons employed in the factory .-Sec. 40B.
21.
Rules. The
State Government may make rules providing for the use of such further
devices for safety as may be necessary. Sec. 41.
PROVISIONS REGARDING THE WELFARE OF WORKERS
Summary of the provisions
of the Factories Act regarding the welfare of workers are stated below :
1..
Washing. In every factory adequate
and suitable facilities for washing shall
be provided and maintained. They shatI be conveniently accessible and shall be
kept clean. There must be separate provisions for male and female workers.-Sec.
42.
2.
Storing and drying. The State
Government may make rules requiring the provision of suitable facilities for storing
and drying clothing.-Sec. 43.
3. Sitting.
Sitting facilities must be provided for workers who have to
work in a standing position. so that
they may take rest when possible. When work can be done in a sitting position efficiently the Chief
Inspector may direct the provision of sitting arrangements. Sec. 44.
4. First aid. Every
factory must provide first aid boxes or cupboard. They must contain the
prescribed materials and they must be in charge of persons trained in first aid
treatment. Factories employing more than 500 persons must maintain an
ambulance roam containing the prescribed equipment and in charge of the
prescribed medical and nursing staff-Sec. 45.
5.
Canteens. Where more than 250
workers are employed. the state Government may require the opening of canteen or
canteens for workers. Rules may be framed regarding the food
served. its management etc.,..-Sec. 46.
6.
Shelters. In every factory where
more than 150 workers are employed there must be provided adequate and suitable
shelters or rest. rooms and a lunch room (with drinking water supply)
where workers may eat meals brought by them. Such rooms must be sufficiently
lighted and ventilated and must be maintained in a cool and clean condition~.
The standards may be fixed by the State Government. -Sec. 47,
7. Creches. In
every factory where more than 30 women a employed, a room shall be provided
for the use of the children (below 6 years) of such women. The room shall
be adequate size. well lighted and ventilated, maintained in a clean and
sanitary condition and shall be in charge of a woman trained in the care of
children and infants. The standards shall be laid down by the State Government.Sec.
48.
8. Welfare officers. Welfare officers must
be appointed in every factory where 500 or more workers are employed. The State
Government may prescribe the duties, qualifications etc. of such officers.
Sec. 49.
9.
Rules. The State Government may make
rules regarding the welfare of workers.-Sec. 50.
THE WORKING HOURS OF
ADULTS
Weekly Hours. No adult worker shall .be required or
allowed . to-work in a factory for more than forty-eight hours in any week.
Sec. 51.
Daily
Hours. No adult worker shall be required or allowed to work
in a factory for more than nine hours in any working day. The daily maximum may
be exceeded with the previous approval of the Chief Inspector, to facilitate
change of shifts.-Sec. 54.
Intervals for Rest.
The periods of work of adult workers in a factory each day shall be so fixed
that no period shall exceed five hours arid that no worker shall work for more
than five hours before he has had an interval for rest of at least half an
hour. The State Government or the Chief Inspector may, by order in writing, and
for reasons stated therein, increase the work period to six.-Sec. 55.
Spreadover. The
periods of work of an adult worker in a factory shall be arranged that
inclusive of his intervals for rest under section 55, they shall not spread-over
more than ten and half hours in any day. The Chief Inspector may for specified
reasons increase the spreadover up to twelve hours.-Sec. 56.
RULES REGARDING EMPLOYMENT OF ADULTS
Night Shifts. Where a worker in a factory works on a.
shift which extends beyond midnight, (a) his weekly holiday and compensatory
holiday means a period of holiday for 24 consecutive hours beginning when his
shift ends, and (b) the following day for him shall be deemed to be the
period. of 24 hours beginning when such shift ends and the hours he has worked
after midnight shall be counted in he previous day.-sec. 57
Overlapping Shifts.
Work shall not be carried on in any factory by means of a system of shifts so
arranged. that more than one relay of workers is engaged in work of the same
kind at the same time. The State Government or the Chief Inspector may grant
exemption from this rule.-See. 58.
Double Employment.
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, save In such
circumstances as may be prescribed.-Sec. 60.
Notice of Periods of Work. There must be displayed
in every factory a notice showing periods of work of adults, classification of
workers in groups according to nature of their work, shifts and relays etc. Change made in the system of work must
be notified to the Inspector before change. The manager of every factory must
maintain a Register of Adult Workers showing the name of each worker, the
nature of his work, the group in which he is included, the relay in which he is
allotted etc. The hours of work of an adult worker- must correspond with the
notice referred to above and the Register.- Sections 61, 62, 63.
No adult worker shall be
required or allowed to work in any factory unless his name and other
particulars have been entered' in the register of adult workers.-Sec. 62 (1A)
added by the Factories (Amendment) Act, 1976.
Exemptions.
By sections 64 and 65, the State Government has been given power to exempt for
limited periods certain factories from compliance with some of the provisions
relating to hours of work and employment.
Such
exemptions are necessary in special cases, for example in the case of workers
engaged in urgent repairs or in preparatory and complementary
work. In some industries work if of an intermittent character and
the enforcement of all the rules stated above will create hardship. The nature
of the work in certain industries
requires exceptional treatment, e.g., workers. engaged in engine rooms and
boilers or in the printing of newspapers. The State Government may
exempt persons holding positions of supervision and management or in
confidential positions in a factory from the operation of the rules
regarding working hours (except the rule against the employment of women at
night). .
Confidential Position. The
State Government may empower the Chief Inspector to declare a person other than
any person defined by such rules, as a person holding position of supervision
or management or employed in .a. confidential position in a factory, if, -the
Chief Inspector is of opinion that he can be employed.
If any such person does not get more than Rs. 750 p.m.
as wages. he will be entitled to extra wages for overtime work.-Sec. 64(1).
add~d by The Factories (Amendment) Act, 1976.
Hours
and Spreadover. Any exemption granted under Sec. 65 (2)
shall
be subject to the following conditions, namely :
(i) the total Lumber of hours of work
in any day shall not exceed twelve ;
(ii) the
spread over. inclusive of intervals for rest, shall not exceed thirteen hours
in any one day ;
(iii) the
total number of hours of work in any week. including overtime, shall not exceed
sixty ;
(iv) no
worker shall be allowed to work overtime, for more than seven days at a stretch
and the total number of hours of overtime work in any quarter shall not exceed
seventy five-Sec. 65(3), Factories (Amendment) Act, 1976.
Quarter. This is a period of
three consecutive months beginning on the 1st January, the 1st of April, the
1st of July or the 1st of October.-Sec. 64.
RESTRICTIONS ON THE
EMPLOYMENT OF WOMEN
By section 66 the following restrictions have
been imposed to
women workers :
(a) Maximum
daily work is 9 hours: No
exemption from the provisions of Section 54 (which lays down that the maximum
daily hours of work shall be nine hours) can be granted in respect of any
women.
(b) prohibition of night work: No women shall be
required or allowed to work in any factory except between the hours of 6 a.m.
and 7 p.m. The State Government may by notification in the official Gazette
vary the limits for any factory or group or class or description of factories.
But such variation must not authorise the employ -ment of women between the
hours 10 p.m. and 5 a.m. .
(c) Change of shift
only after holiday:There shall be no change of shifts for
women except after a weekly holiday or any other holiday.
Exception: There
is an exceptional case. The State Government may make rules providing for the
exemption from the afore~aid restrictions (wholly or partially or
conditionally) of women working in fish-curing or fish-canning factories. In
factories, mentioned above, the employment of women beyond the hours specified
is necessary to prevent damage to or deterioration in any raw material. But
such rules shall remain in force for not more than three years at a time.
Other
restrictions: There are other restrictions on the employ
ment of women workers :
1. Work on or near machinery in motion. No
woman or young person shall be allowed to clean, lubricate or adjust any part
of the machinery while the prime mover or transmission machinery is in motion
or to work between moving parts, or between fixed and moving parts of any
machinery which is in motion.-Sec. 22(2}. (See p. 16.)
2. Cotton openers. No
woman or child shall be employed in any part of a factory for pressing cotton
in which a cotton opener is at work. If the feed-end of a cotton opener is in a
room separated from the delivery-end by a partition extending to the roof or to
such height as the Inspector may in a particular case specify in writing ,
women and children may be employed on the side of the partition where the
feed-end is situated.-Sec. 27. (See p. 18.)
3. Excessive
weights. The State Government may make rules prescribing the
maximum weights .which may be lifted, carried. or moved by adult men, adult
women, adolescents and children employed in factories or in any class or
description of factories or in carrying on any specified process.-Sec. 34. (See
p. 21.)
4. Creches. In
every factory wherein more than thirty women workers are ordinarily employed
there shall be provided and main tained a suitable room or rooms for the use
of children under the age of six years of such women.-Sec. 48. (See p. 30.)
5. Dangerous operations. The
State Government is empowered to make special rules for the purpose of
controlling and regulating factories which carry on operations exposing women,
young persons and other workers to a serious risk of bodily injury, poisoning
or disease.-Sec. 87 (b). (See p. 43.)
EMPLOYMENT OF YOUNG
PERSONS
Employment of
ChiIdren . No child who has not completed his fourteenth year
shall be required or allowed to work in any factory.--sec. 67.
Certificate of
Fitness and Token. A child who has completed his fourteenth
year or an adolescent shall not be required or allowed to work in any factory
unless (a) he has been granted a certificate of fitness. which is. in
the custody of the manager, and (b) such
child or adolescent carries a token giving a reference to such certificate-Sec.
68.
The Certificate of Fitness is a certificate granted to
a child or adolescent by a Certifying Surgeon after. examination: The
certificate is. given to a child if the surgeon is satisfied that he has
completed his fourteenth year and has attained the prescribed physical
standards. The certificate is granted to an adolescent if the surgeon is
satisfied that he has completed his fifteenth year and is fit for a full day's
we in a factory. The certifying surgeon must have personal knowledge of the
intended place of work and of the manufacturing process involved. The
certificate is valid only for a period of 12 months. It may be granted subject to conditions (e.g., that of
periodical re-examination). The
certificate may be renewed
and, if necessary, revoked. Any fee pa: able for the certificate must be paid
by the occupier of the factory all must not be recovered from the young person
or his parents c guardian.-Sec. 69.
An adolescent who has been granted a
certificate of fitness ant who carries a token is deemed to be an adult for the
purposes of Chs. VI and VIII of the Act. (Ch. VI deals with the hours of work
of an adult and Ch. VIII deals with "annual leave). But no adolescent who
has not attained the age of seventeen years shall be employed or permitted to
work in any factory during night. "Night" means a period of at least
12 consecutive hours which shall include an interval of at least seven
consecutive hours falling between 10 p.m. and 7 a.m. An adolescent who has not
been granted a certificate of fitness, shall
be deemed to be a child ~or the purposes of the Act,-Sec. 70.
Working
hours for Children. The law regarding working hours for children are stated
below.-Sec. 71 :
1.
No child shall be employed or. permitted to work in any factory- '
(a)
for more than four and a half hours in any
day;
(b)
during
the night, .
Explanation: For
the purpose of this sub-section "night" shall mean a period of at
least twelve consecutive hours which shall include the interval between 10 p.m.
and 6 a.m.
2. The period of
work of all children employed in a factory shall be limited to two shifts which
shall not overlap or spread-over more than five hours each, and each child
shall be. employed in only one of the relays which shall not, except with the
previous permission in writing of the Chief Inspector, be changed more
frequently than once in a period of
thirty days.
3. The provisions
of section 52 shaIl apply also to child workers, and in respect of any child.
(Sec. 52 relates to weekly holidays. See next ' Section).
4.
No child shall be required or allowed to work in any factory on any day on
which he has already been working in another factory.
Notice and Register. A notice must be displayed
showing clearly the periods of work of children.-,-Sec. 72.
The manager of every factory must maintain
a Register of child workers showing the name of. each child worker, the nature
of his work. the group (if any) in which he is included. the relay to which he
is allotted and the number of his certificate of fitness.-Sec. 73.
No
child worker shall be required or allowed to work in any factory unless his
name and other particulars have been entered in the register of child
workers.-Sec. 73 (IA). Factories (Amendment) Act, 1976.
The hours of work of a child must
correspond with the Notice and the Register.-Sec. 74.
Medical Examination.
Where an Inspector is of opinion that a person working as an adult is a young
person, or that a young person is not fit to work, he may direct the
manager of the factory to. have the person medically examined by a certifying
surgeon.--Sec. 75.
Other rules regarding the employment
of young persons. No young person shall work at any dangerous
machine unless he has been fully instructed as to. the dangers arising in
connection with the machine and the precautions to be observed, and (a) has
received sufficient training in work at the machine or (b) is under adequate
supervision by a person who has a thorough knowledge and experience of the
machine. The State Government is to. prescribe what machines are dangerous far
the purpose of this section.-5ec. 23.
Certain restrictions an adolescents
and children are stated in Sections 22(2), 27, 34 and' 87 (b). (See pp. 34-5).
The State Government may
make rules regarding the farms of the Certificate of Fitness, the procedure
relating to. their issue, and the physical standards to. be attained by
children and adolescents. Sec. 76.
The provisions
relating to. the employment of young persons shall be in addition to and not in
derogation of, the provisions of the Children Act of 193~., 1960 and 1978.-Sec.
77.
CHILD-LABOUR
Rules
regarding child-Iabour are contained in the Factories Act, Mines Act etc. There
are also. two. general Acts an the subject. The Children (Pledging of
Labour) Act (Act 11 of 1933) prohibits the making of agreements to. pledge the labour of children
and the employment of children whose
labour has been pledged. The Children
Act of 1938, 1960 and 1978 prohibit the employment of a child who. has not
completed his fifteenth year of age in
any occupation connected with the transport of passengers, goods or mails by
railway or con -nected with a part authority Within the limits of any part.
The Act also prohibits the employment of a child, who. has not completed his
fourteenth year of age, in the processes set forth in the schedule to the Act.
Children between 15 and 17 can be employed subject to certain restrictions as
regards their periods of rest etc
HOLIDAYS AND LEAVE
The
Factories Act provides for the following holidays, viz.,Weekly holidays,
Compensatory holidays and Annual leave with wages according to certain rules.
The provisions are explained below.
Weekly Holidays.
Section 52 provides that an adult workers shall have a holiday on the first day
of the week. But the manager of the factory may fix the holiday on any other
day which is with three days before or after the first day of the week in case
of such substitution, notice must be given to the Inspector of Factories an
displayed in the factory. No substitution can be made which will result in any
worker working for more than ten days consecutively without a holiday for a
whole day. The State Government may make rules providing for exemption from the
above section in certain cases, e.g., for urgent repairs.
The
Weekly Holidays Act (Act XVIII of 1942) provides for the
grant of weekly holidays to persons employed in shops, restaurants and
theatres. The Act ,can be applied to a State by notification of the State
Government.
Compensatory Holidays.
Where as a result of the exemption of
factory from the operation of the role regarding weekly holidays, a
worker is deprived from any weekly holiday he shall be allowed within the month
in which the holidays were due, or within two months immediately following that
month, compensatory holidays of equal number to the holidays lost.--Sec. 53.
Annual Leave with
Wages. Sections 78 to 84 provide for the grant of a certain
period of leave with wages to workmen.
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 performed
by him during the previous calendar year.
Rules. Rules regarding the Annual
Leave are summarised below :
1. When counting the
number of days of work performed by a worker, the following are to be included:
(a) days of lay-oft, (b) maternity leave to a female worker, not
exceeding twelve weeks, and (c) the leave earned in the previous year.
But the worker shall not earn leave for. these days.
2. The leave admissible
under the aforesaid rule shall be exclusive of all holidays whether occurring
during or at either end of the period of leave.
3. A worker whose service commences
otherwise than on the first day of January shall be entitled to leave ,with
wages at the rate laid down above if he has worked for two-thirds of the total
number of days in the remainder ?f the calendar year.
4, If a worker is
discharged or dismissed from service of quits his employment or is superannuated or dies while
in service, during the course of the calendar
year, he or his heir or nominee, as the case may be, shall be entitled, to
wages in lieu of the quantum of leave to which he was entitled Immediately
before his discharge, dismissal,quitting of employment, ,superannuation or
death calculated at therates specified in sub-section (1)even If he had not.
worked for the entire period specified In sub-section (J) or sub-section (2)
making him eligible to avail of such leave. Such payment shall be made
(i)
where
the worker is discharged or dismissed or quits
employment-before
the expiry of the second working day from the date of such discharge, dismiss~l
or quitting; and
(ii)
where
the worker is superannuated or dies while in service -before the expiry of two
months from the date of such superannuation or death. (Amended by the Act of
1976).
5, In calculating the
leave period, fraction of leave for half a day or more shall be treated as one
day and fractions of less amount shall be omitted.
6. Leave earned, but not taken, can be
carried forward to a succeeding year subject to a limit of thirty days in the
case of an adult and forty days in the case of a child. But earned leave not
allowed because of any. scheme for leave in operation, can be carried forward
without limit.
7. Application for
leave must be submitted to the manager not less than 15 days before the date of
commencement of leave. In the case of public utility service it must be made
not less than 30 days before such date. If a worker becomes ill and wants to
avail himself of the annual leave during the period of illness, he shall be
granted leave even though the application is not made before the period specified
above.
8. The application for leave may be
for the whole of the leave due or part of it. But earned leave cannot be taken
more than three times during the same year. .
9.
For the purpose of ensuring the continuity of work, the occupier or manager of
the factory may draw up a Scheme for regulating the grant of leave. The Scheme
must be agreed to by the 'Works Committee, if any, or the representatives 6f
workers. It must be lodged with the Chief Inspector and displayed in the
factory. .
10. An application for leave submitted
in proper time shall not
Be
refused unless the refusal is in
accordance with any leave scheme in operation.
11. The
un availed leave of a worker shall not be taken into consideration in computing
the period of any notice required to be given before discharge or dismissal
12.
The State Government may exempt a factory from the operation of the above rules
if it is satisfied that its own leave rules provide benefits (the totality - of
benefits) which are not less favourable to the workers than the statutory leave
rules.
13.
Where by virtue of any award, agreement (including settlement) or contract of
service the worker is entitled to a longer period of leave than that provided
by the aforesaid rules, he will be entitled such longer leave.
14.
The rules contained in these sections do not apply to railway Factory
administered by the Government which are governed by leave rules approved by
the Central Government.
15.
If an award, agreement (including settlement) or contract of Service provides
for a longer annual leave with wages than provided in this chapter, the quantum
of leave, which the worker shall be entitled to, shall be in accordance with
such award, agreement or contract of service, but in relation to matters not
provided for in such .award, agreement or contract of service or matters which
are provided for less favourably therein, the provisions of sections 79 to 82,
so far , as may be, shall apply. (Added by the Amendment of 1976).t
Wages during Leave Period.
For
the period of leave allowed to a worker according to rules, he shall be paid at
a rate equal to the daily average of his total full-time earnings for the days
on which he actually worked during the month immediately preceding his
leave~The average rate is to be calculated, exclusive of any overtime and
bonus, but inclusive of dearness allowance and the cash equivalent of the
advantage accruing through the concessional sale to the worker of food-grains
and other articles. The cash equivalent, referred to above, is to be computed
according to the method used when calculating the extra wages payable -for
overtime work. (See. post)-Sec. 80.
lf the employment of a
worker who is entitled to leave is terminated by the occupier of the factory
before he has taken the entire leave to which he is entitled, he must be paid
wages for the leave period not taken and such wages must be paid before the
expiry of the second working day after
such termination. Similarly, if the worker quits his service after having
applied for and obtained leave, he must be paid wages (or the leave period and
such wages must be paid on or before the next pay day. '!be amount of wages
payable is to be calculated according to
the provisions of Section 80.-Sec. 79(11) .
A
worker who has been. allowed leave for not less than four days in the case of
an adult and five days in the case of a child, shall before his leave begins,
be paid the wages due for the period of leave allowed.-Sec. 81.
Wages
-for the leave period, if not paid by an employer, shall be recoverable as
delayed wages under the provisions oo the Payment of Wages .Act, 1936.-Sec. 82.
EXTRA WAGES FOR OVERTIME
( 1 ) Where a worker works
in a factory for more than nine hours in
any day or for more than 48 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.-Sec 59(1)
(2) For the purpose of sub-section (1), "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.-Sec. 59(2).
(3) Where any workers in
factory are paid on a piece rate basis, the time rate of their work will
include the following rules:
(i) if the workers bad
been paid on the same or identical job during a month immediately preceding a
month during which overtime work was done, the time rate shall be deemed to be
equivalent to the daily average of their fulltime earnings for the days of the
overtime work. Also such time rates shall be deemed to be the ordinary rates of
wages of those workers.
(ii) In the case of a
worker who had not worked in the immediately preceding calendar month on the
same or identical job, the time rate shall be deemed to be equivalent to the
daily average of the earning of the worker for the days on which he actually
worked in the week in which the overtime work was done.
Explanation.-For the
purposes of this sub-section in computing the earnings for the days on which
the workers actually worked, the allowance include the cash equivalent in order
to buy food grains and other articles through concessional sale as the worker is for the time being entitled to.
Exception.-But
any
bonus or wages for overtime work payable in relation to the. period with
reference. to which the earnings are being computed shall not be included.-Sec.
59(3).
[Clauses (2) and (3) were substituted
from the old Act by the Amendment of 1976]. '.
(4 )The cash equivalent of the advantage accruing
through the concessional sale to a worker of foodgrains and other articles shall
be computed as often as may be prescribed on the basis of the maxi mum
quantity of foodgrains and other articles admissible to a standard family.
Explanation 1.-"Standard
family" means a family consisting of the worker, his or her spouse and two
children below the age of fourteen years requiring in all three adult
consumption units.
Explanation 2.-
"Adult consumption unit" means the consumption unit of a male above
the age of fourteen years; and the consumption unit of a female above the age
of fourteen years and that or a child below the age of fourteen years shall be
calculated at the rates of 0.8 and 0.6 respectively of one adult consumption
unit. Sec. 59(4).
(5)
The State Government may make rules prescribing
(a)
the
manner in which the cash equivalent of the advantage
accruing
through the concessional sale to a worker of food grains and other articles
shall be computed; and
(b) the register~ that shall
be maintained in a factory for the purpose of securing compliance with the
provisions of this section.-Sec. 59(5).
WAGES AND SALARY
Both these terms are used
to denote payment made for service. In Stroud's ludicial Dictionary, the
following comments are made; "Where the engagement is for a period, is
permanent or substantially permanent in character, and is for other than.
manual or relative unskilled labour, the remuneration is generally called a
salary." "... in general, the. word 'salary' 'is used for payment of
services of a higher class,and 'wages' is confined to the earnings of labourers
and artisans.
The High Court of Madras was of
opinion that if the remuneration is to
be paid daily or weekly it can be called Wages; but where there is monthly
payment and is fairly high, considering the general standard of payment, it is
to be called Salary. According to the Payment of Wages Act any amount over Rs.
200 (now Rs. 1000) may be considered as Salary for the purposes of Factories
Act. Re Gemini Studio.1 (See ch. 7).
"Conceptually there
is no difference between salary -and wages both being a recompense for work
done or services rendered, though ordinarily the former expression is used in
connection with services of non-manual type while the latter is used in
connection with manual services." Gestetner Duplicators Pvt Ltd. v.
The Commissioner of Income Tax W B . In this judgment the following
cases were cited and approved, MohmeddIli v. Union of India; Gordon v.
Jennings.
In
the cases mentioned above, and .also in Stroud's dictionary, iwas held that
there is no basic difference between salary and wages.
OBLIGATIONS
OF WORKERS
Section
111 lays down that no worker in a factory
(a) shall wilfully
interfere with or misuse any appliance,
convenience or other things provided in a factory for the purpose of securing
the health, safety or welfare of the workers therein,
(b) shall
wilfully and without reasonable cause do anything likely to endanger
himself or others; and
(c) shall
wilfully neglect to make use of any appliance or other thing provided
in the factory for the purposes of securing the health or . safety of the workers therein.
If
any worker contravenes any of the previsions of this section or of any rule or
order made there under he shall be punishable with imprisonment which may
extend to 3 mcnths or with fine which may extend to Rs. 100 or 'with both.
OTHER PROVISIONS OF THE FACTORIES ACT
A brief summary is given below of the
other provisions of the
Factories Act.
Departments as
Factories. The State Government may, upon application, declare
that for the purposes of the Act, different departments or branches of a
factory shall be treated as separate factories or that two or more factories of
the occupier shall be treated as the same factory.--Sec. 4. .
Exemption during
Public Emergency. Factories or any class of factories may
be exempted from the operation of any of the provisions of the Act during a
public emergency (except that of Sec. 67, employment of children) for such
periods and subject to such conditions as the Government may think fit. The
exemption is to. be made by notification in the official Gazette for a period
not exceeding three months at a time.-Sec. 5.
Explanation.-For the
purposes of this section ~'public emergency'" means a grave emergency
whereby the security of India or of any part
of the territory thereof is
threatened, whether by war or external aggression or internal
disturbance.-Amendment of 1976.
Exemption of Public Institutions.
The State Government may exempt subject to such conditions as it may consider
necessary, any workshop or workplace where a manufacturing process is carried
on and which. is attached to a public institution maintained for the purposes
of education, training, research or reformation from all or any of the
provisions of the Act.. But no exemption is to be granted from the provisions
relating to hours of work and holidays unless there is a scheme relating to
such matters containing rules not less favourable to the workers than the
provisions of the Act.-Sec. 86.
Dangerous
Operations. The State Government is empowered to make special
rules for the purpose of controlling and regulating factories which carry on
manufacturing process or operation exposing workers to a serious risk of
bodily injury, poisoning or disease.
Sec. 87. Rules have be,en made providing for medical examination, protection of
workers; restricting' and controlling the use of particular materials and
processes ; payment of fees for medical examination by the occupier ; welfare amenities ;
sanitary amenities ; measures to avoid imminent danger of poisons or toxicity.
Notifiable
Accidents. (1) The manager of a factory must send a notice to
the authorities whenever an accident occurs which causes death or which causes
bodily injury preventing the worker from working for a Period of 48 or more
hours or other types of injury which may be specified by rules.
(2) Where a notice given
under sub-section (1) relates to an accident causing death, the authority to
whom the notice is sent shall make an inquiry into the occurrence within one
month of the receipt
of the notice or, if such authority is
not the Inspector, cause the
Inspector to make an inquiry within
the said period. .
(3) The State Government
may make rules for regulating the procedure at inquiries under this
section.--Sec. 88.
[Paras
2 and 3 had been added by the Amendment of 1976].
Notice of certain dangerous
occurrences. Where in a factory any dangerous
occurrence of such nature as may be pr€scribed occurs, whether causing any
-bodily injury or disability or not, the manager of the factory shall send
notice thereof to such authorities, and in such form and within such time, as
may be prescribed.--Sec. 88A, Factories (Amendment) Act, 1976.
Notifiable
Diseases. The manager of a factory must send notice to the
authorities _ whenever a worker contacts any -of the diseases mentioned in the
Schedule to the Act. (These are known as Occupational Diseases. Examples: poisoning
by lead, mercury, phosphorus etc.; anthrax; silicosis; cancer of the skin;
toxic anaemia or jaundice; etc.). The medical practitioner attending the
person, if any, shall without delay send a report to the Chief Inspector in
writing, stating "the name of the person affected and other
particulars.--Sec. 89.
Enquiry into Accidents and Diseases.
The State Government may appoint a competent person to enquire into the causes
of any 'accident occurring in a factory or of a notifiable disease, and may
also appoint one or more persons possessing legal or special knowledge to. act
as assessors in such enquiry. The person appointed to enquire can call
witnesses like a Civil Court and exercise any of the powers of an Inspector. He
must submit a report to the State Government, together with his observations.
The report or extracts therefrom may be published.-Sec. 90.
Safety and Occupational Health Survey.
The State Government or the Director General of Factory Advice Service and Labour Institutes etc., can employ the
Chief Inspector and certain other persons to undertake safety and occupational
health surveys. The occupier and manager and all other persons shall afford all
facilities for such survey, including examination, testing of plant and
machinery, collection of samples, other data, medical examination of persons
calculation of wages and extra wages for overtime work.-Sec. 91A, added by The
Factories (Amendment) Act, 1976.
Penalties and Procedures.
Sections 92 to 1.06 lay down the rules regarding penalties for offences against
the Act.
Owner: The owner of any
premises, let out for use as different factories, is responsible for the
provision and maintenance of common facilities and 'Services, e.g., approach
roads, drainage, water supply, latrines etc.
Occupier
:
In most cases the occupier of the factory is responsible for offences committed
against the Act. But the occupier is exempted from liability if he can show
that he has used due diligence to enforce the execution of the Act and that
some other person committed the offence without his knowledge, consent
or connivance.
Penalties:
The penalties for some of the offences are mentioned below
Offences
Imprisonment
Fine
Obstructing
Inspector
Up to 3 months and/or Up to Rs 500/-
Wrongfully disclosing result
of analysis of sample
--do
Contravention
of any duty
or liability by a worker
nil
Rs 20/-
Using
false certificate of
fitness Up
to 1 month. Rs
50/-
Permitting
double
em -ployment of child nil -do-
Cases
not otherwise
provided for .. Up to 3 months
" " Rs. 2000
Second offence for above" 6 months . " " Rs. 5000
Where contravention of any of the
provisions of Chapter IV or any rule made thereunder or under Section 87 has
resulted in an accident causing death or serious bodily injury, the fine shall
not be less than one thousand rupees in the case of an accident causing death,
and five hundred rupees in the case of an accident causing serious bodily
injury.
Explanation.-In this
section and in section 94 "Serious bodily injury" means an injury
which involves, or in all probability will involve, the permanent loss of the
use of, or permanent injury to, any limb or the permanent loss of, or injury to
sight or hearing, or the fracture of any bone, but shall not include, the
fracture of bone or joint (not being fracture of more than one bone or joint)
of any phalanges. of the hand or foot.-Sec. 92 added in the Amendment of 1976.
Cognizance:
No
court can take cognizance of an offence under the Act except on a complaint. by
or with the previous sanction of an Inspector in writing. Only a Presidency
Magistrate or a Magistrate of the first class can try offences under the Act.
The. complaint must be filed within 3 months of the date when the commission of
the offence came to the knowledge of an Inspector. For disobeying a written
order of an Inspector, complaint may be filed within 6 months of the date when
the offence was committed.
Presumption: A
person found in the factory when the factory . is going on or the machinery is
in motion, except during the time of meal or rest, is presumed to be employed
in the factory until the contrary is proved.
When in the opinion of the' Court a
person is prima facie underage, the burden shall be on the accused to
show that such person is not under-age.
Appeals. The manager or the
occupier of a factory on whom an order in writing has been served by an
Inspector can appeal against it to the prescribed 'authority within thirty
days.-Sec. 107.
Notice.
In certain cases (prescribed by the rules) abstracts of the Act and the rules
are required to be displayed in the factory. All notices under the Act must be
displayed in English and in a language understood by the majority of the
workers employed therein. They must be displayed in a conspicuous and
convenient place at or near the main entrance of the factory and must be
maintained in a clean and legible condition. The Chief Inspector may require
the display of posters relating to the health, safety and welfare of workers.
-Sec. 108.
Returns. The owners, managers and
occupiers of factories are required by rules to submit various returns and
reports.-Sec. 110.
Power of the Central Government.
The Central Government may' give directions to a State Government as to the carrying
into execution of the provisions of the Act.-Sec. 113.
Abolition
of Contract Labour. The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in the
Contract Labour (Regulation and Abolition) Act, 1970.Sec. 119, added by the
Factories (Amendment) Act, 1976.
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