This article has been written by Ms. Saina Parveen, a CS Executive level Student from the Institute of Company Secretary of India (ICSI)

INTRODUCTION:

The Factories Act, of 1948 came into force with the objective to provide adequate compensation to the effected persons. The Act extends to whole of India and persons employed in factories, mines, plantation, construction, mechanically propelled vehicles and also hazardous machineries handled factories also cover under factories Act.

This Act regulate the adequate safety measures and to promotes the health and welfare of the workers employed in factories.

In the case of Ravi Shankar Sharma v. State of Rajasthan, “Court held that Factories Act is a social legislation and it provides for the health, safety, welfare, and other aspects of the workers in the factories. In short, the Act is meant to provide protection to workers from being exploited by the greedy business establishments and it also provides for the improvement of working conditions within the factory premises.”

The Act applicable to all factories using power and employing 10 or more workers, and if not using power and employing 20 or more workers on any day of the preceding 12 months.

But excludes Mines Act,1952, Mobile Unit or Armed Force Union, Railway running shed or a hotel, restaurant or eating places.

The case law of K.V.V. Sharma “a space enclosed by walls or fences, A place solely used for some purpose other than the manufacturing process carried on in a factory or a workshop does not constitute a factory.

CONCEPTS IN DETAILS:

Measures taken by the factories for health, safety and welfare of workers:

Measures of factories Act is covered under Chapters III, IV AND V of the Act which are as follows:

• Health

Chapter III of the Act deals with the following aspects:

1. Cleanliness: 

Cleanliness in the factory is ensured in provision of section-11. It states that every factory shall kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular-

• Accumulation of dirt and refuse shall be removed daily from the floors and benches of workrooms, from staircases and passages and disposed of by sweeping or by any other effective manner;
• Every workroom floor shall be cleaned at least once in every week by washing, using disinfectant;
• If the floor is wet in the course of any manufacturing process, then proper drainage facilities shall be provided and maintained;
• All partitions and inside walls, all ceilings or tops of rooms, sides and tops of passages and staircases shall-

1. Painted or otherwise wash or varnished at least once in every five years (5 years)
2. If painted in water paint then repaint at least one coat and in every three years and washed in every 6 months;
3. Any smooth impervious surface be cleaned every fourteen months;

• All window frames and doors or other wooden or metallic framework and shutters shall varnish or painted at least once in every 5 years;
•  The date for the aforesaid processes should be maintained in a register.

Power of State Government to exempt: If any factory is not able to comply with the above requirements because of the nature of manufacturing process then the State Government shall exempt the factory and suggest some alternative method.

• Disposal of wastes and effluents (Section 12):

 

Every occupier of the factory shall make arrangements for wastes and effluents due to manufacturing process render them innocuous and their disposal.

 

1. Ventilation and temperature (Section 13): 

Measures to reduce excessively high temperature

• Dust and fume (Section 14)

1. Artificial humidification (Section 15)
2. Overcrowding (Section 16): 

Section 16 enacted to provide sufficient air space to workers. The section lays down minimum working space for each worker as 14.2 cubic metres of space per worker in every workroom.  

• Lightening (Section 17)

1. Drinking Water (Section 18): 

In every factory wherein more than 250 workers are ordinarily employed, then cooling drinking water during hot weather is have to be provides by occupier.    

• Latrine and Urinals (Section 19)

• Spittoons (Section 20)

• SAFETY:

Chapter IV of the Act contains provisions relating to safety. These are discussed below:

1. Fencing of machinery (Section 21):

 In this section fencing of machinery is obligatory. It shall be securely fenced and substantial safeguards is taken while in use and after use and maintained and kept in position. Such types of machinery or their parts are:

1. Every moving part of a prime mover and flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not;
2. The headrace and tailrace of every water-wheel and water turbine;
3. Any part of a stock-bar which projects beyond the head stock of a lathe;

 

1. Work on near machinery in motion (Section 22):

 Section lays down the procedure for carrying out examination. No women and young person shall be allowed to clean, lubricate or adjust any part of prime-mover or any transmission machinery.

1. Employment of young persons on dangerous machines (Section 23):

 No young person allowed to work at any dangerous machine and if worked then proper precautions need to be taken by the occupier.

• Striking gear and devices for cutting off power (Section 24)

• Self-acting machines (Section 25)

• Casing of new machinery (Section 26)

1. Prohibition of employment of women and children near cotton-opener (Section 27):

 No women and child shall be allowed to work near cotton-opener and separate room should be used for keeping the cotton-opener.

• Hists and lifts (Section 28)

• Lifting machines, chains, ropes and lifting tackles (Section 29)

•  Removing machinery (Section 30)

• Pressure Plant (Section 31)

• Floors, stairs and means of access (Section 32)

• Pits, sumps, opening in floors, etc (Section 33)  

• Excessive weights (Section 34)

• Protection of eyes (Section 35

• Precautions against dangerous fumes, gases, etc. (Section 36)

1. 1. Use of portable electric lights (Section 36-A)

• Explosive or inflammable dust, gas, etc. (Section 37)

• Precautions in case of fire (Section 38)

• Defective parts or tests of stability (Section 39)

• Safety of buildings and machinery (Section 40)

• Maintenance of buildings (Section 40-A)

• WELFARE:

 

1. Washing Facilities: 

There should be adequate facilities provide in every factory and a separate room for washing should provided both for men and women.

1. Facilities for storing and drying clothing:

 In factory there should be a facility to keep wet clothes and hot clothes while working in separate part of the factory.

1. Facilities for sitting: 

Sitting facilities in between work or rest time is ensue by the occupier in every factory.

1. First-aid-appliances:

 For every 150 worker there should be one first-aid box or cupboard equipped during working hours in factory.

1. Canteens:

 For every 250 or more workers there should be canteen as per required rules in the factory is mandatory, rules may provide for: –

1. Mention the date by which canteen shall be provided
2.  Canteen equipment, its construction, accommodation its furniture etc.
3. Foodstuffs to be served, its managing committee and expenditure of canteen etc.

1. Shelters, rest-rooms and lunch-rooms: 

For every 150 ordinary worker it is mandatory to provide suitable shelter, rest-rooms and lunch room and with drinking water. As per section 46 canteen maintained and follow all other requirements.

1. Creches: 

In every factory wherein more than 30 women workers are ordinary employed there should be a separate room for children under the age of 6 years is compulsory. All other facilities while using rooms such as accommodation, adequate lighted and ventilated and maintain and clean. It should be under the charge of women trained in case of children and infants.

CONCLUSION

State Government come up with amendments or make any regulation in respect to factory and wellness of the worker employed in any factory. 

Any non-compliance of the Act is punishable and government shall impose penalty for such non-compliances or any default.