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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 0 0 of workers inside factories, the hours of work, the minimum age 6f, (^) 1 Fworkers, 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-. 0 0 (i). whereon ten or more workers are working, or were work (^) 1 Fing 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 0 0 purposes of the Act even though it employs less than the pres (^) 1 Fcribed 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 0 0 within the definition of a Factory if the condi (^) 1 Ftions stated below are satisfied :
- It is a place where a "manufacturing process" is carried on.
- 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 0 0 an agency (including a con (^) 1 Ftractor with or without the knowledge of the principal employer). The term includes clerical workers and persons paid by 0 0 piece rates in (^) 1 Fa factory.
The term 'worker' does not include any member of the armed forces of
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 0 0 provides that the State Government may make rules requir (^) 1 Fing, for the purposes of this Act, the submission of. plans or any class or description of factories to the 0 0 Chief Inspector or the State Govern (^) 1 Fment, 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 I 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 0 01 Fing 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 subs tance, 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 Ins 0 01 Fpector 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.. 0 0 The onus is on the prosecution to show that a person has obs (^) 1 Ftructed 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 0 0 Section 10 provides that the State Government may appoint quali (^) 1 Ffied 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.
- The examination and certification .of young persons.
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 ot 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 danger()us 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 0 0 shall be provided and maintained in every work (^) 1 Froom.~. 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.
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.
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. 1 3. 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 0 0 specified date. (^) 1 FSec. 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
Weekly Hours. No adult worker shall .be required or allowed. to-work in a 0 0 factory for more than forty-eight hours in any week. (^) 1 FSec. 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 0 0 beyond midnight, (a) his weekly holiday and compen (^) 1 Fsatory 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,
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 0 0 exceed seventy (^) 1 Ffive-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^ 0 01 Fallowed 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 0 0 factory or group or class or descrip 0 0 (^) 1 Ftion of factories. But such variation must not authorise the employ (^) 1 F-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
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 :
- 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.
- 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.
- 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).
- 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 Registe r. 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 0 0 standards to. be attained by children and adolescents. (^) 1 FSec. 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 0 0 labour of children and the employ (^) 1 Fment 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 0 0 connected with the transport of passengers, goods or mails by railway or con (^) 1 F- 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
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 0 0 period speci (^) 1 Ffied above.
- 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..
- For the purpose of ensuring the continuity of work, the occupier or manager 0 0 of the factory may draw up a Scheme for regu (^) 1 Flating 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..
- An application for leave submitted in proper time shall not Be refused unless the refusal is in accordance with any leave scheme in operation.
(vi) 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
- 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.
- 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.
- 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.
- 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 0 0 of leave, which the worker shall be enti 0 0 (^) 1 Ftled to, shall be in accordance with such award, agreement or con (^) 1 Ftract 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 0 0 daily average of their full (^) 1 Ftime 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. 0 0 (ii) In the case of a worker who had not worked in the imme 0 0 (^) 1 Fdiately preceding calendar month on the same or identi (^) 1 Fcal 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]. '. 0 0 (4 )The cash equivalent of the advantage accruing through the (^) 1 Fconcessional
sale to a worker of foodgrains and other articles shall be computed as often as 0 0 may be prescribed on the basis of the maxi (^) 1 Fmum quantity of foodgrains and
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, 0 0 declare that for the purposes of the Act, different depart (^) 1 Fments 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 0 0 may be exempted from the operation of any of the provi (^) 1 Fsions of the Act during a public emergency (except that of Sec. 67, employment of children) for such 0 0 periods and subject to such condi (^) 1 Ftions 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 0 0 institution maintained for the pur (^) 1 Fposes 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 0 0 injury, poisoning or disease. (^) 1 FSec. 87. Rules have be,en made providing for
medical examination, protection of workers; restricting' and controlling the use 0 0 of parti (^) 1 Fcular 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 0 0 causes bodily injury preventing the worker from work (^) 1 Fing 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 0 0 Schedule to the Act. (These are known as Occupa (^) 1 Ftional 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 0 0 possessing legal or special know (^) 1 Fledge 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 Govern 0 01 Fment 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, 0 0 is responsible for the provision and maintenance of com (^) 1 Fmon 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/-
