The Industrial Factory Act 1948 was a significant piece of legislation enacted in India, which aimed to regulate the working conditions in factories and to ensure the health, safety, and welfare of factory workers. The act was passed as a result of the increasing number of industrial accidents and the poor working conditions in factories, which had led to widespread discontent among workers.
The Industrial Factory Act 1948 applied to all factories in India that employed ten or more workers, and it covered a wide range of issues related to the working conditions in factories. Some of the key provisions of the act included the following:
Working hours: The act stipulated the maximum number of working hours that could be worked in a day, as well as the maximum number of hours that could be worked in a week. It also provided for rest breaks and holidays for workers.
Health and safety: The act required factories to provide a safe and healthy working environment for their employees. This included provisions for the ventilation, lighting, and cleanliness of the factory, as well as provisions for the safety of machinery and equipment.
Wages and benefits: The act established minimum wages for factory workers and provided for the payment of overtime and other benefits. It also required factories to maintain accurate records of the wages and benefits paid to their workers.
Child labor: The act prohibited the employment of children under the age of 14 in factories, and it established regulations for the employment of young people between the ages of 14 and 18.
The Industrial Factory Act 1948 was an important step towards improving the working conditions in factories in India, and it helped to protect the rights of factory workers. It was later amended and supplemented by other legislation, such as the Factories Act of 1961 and the Occupational Safety and Health Act of 1986, which further strengthened the protections for factory workers.
Factories Act 1948
Additional facilities in case of large factories. First Aid Appliances Section 45 : The Factories Act 1948 has made the provisions of the first-aid appliances obligatory and mandatory for the factories. In case the services of any workman who is entitled to take leave is terminated by the occupier of the factory before availing leave for which he is entitled to or the leave applied for and has been refused, the occupier shall pay such workman the amount in lieu of leave due. A young person above 14 but below 15 years of age can be employed only for 4. The Factories Act is applicable across India, but only to factories with ten or more employees with power and twenty or more employees without power. The Act provides certain facilities in the factory, and anyone who breaches the Act or the Rules will be subject to specific penalties. It further provided that such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary conditions and shall be under the charged of women trained in the care of children and infants.
Factories Act, 1948 has reduced the working hours of the workers. In 1881, Bengal had 5000 power looms in operation. Form 2 - Request for registration and license renewal issuance for the year Factory owners are obliged to obtain a license by the provisions of the Factories act 1948. Section 42 to Section 50 contains provisions regarding the welfare of workers which are as under— 1. Not less than Rs. .
The certificate is valid only for 12 months from the date of issue Form 9 - Registration of workers hired to work on or near a running machine The register should store the name and other details of each such worker in all factories in a specific format that can be used for such investigations and operations. This Section lays down that no young person shall work on a dangerous machine unless h is fully instructed about the dangers and sufficiently trained to work on such a machine or he is made to work under the direct supervision of a knowledgeable and trained person. Applicant may, within 30 days of the date of such refusal, appeal to the State Government in case of refusal by the Chief Inspector, and or in case of refuSal by the State Government to the Central Government. Penalties:- The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. However, the consumption unit of a female above the age of 14 years and below the age of 14 years shall be calculated at the rate of 0.
Working Hours and Overtime As Per The Factories Act, 1948
For this purpose, they must submit an application to the factory management office in the designated format. Striking Gear and Devices for Cutting off Power Section 24 : i There must be a good arrangement to see that the moving belt does not undergo creeping from fast-pulley to loose- pulley mode in machinery driven by belts, otherwise the worker may get seriously injured. This manager must enter the overtime and payments for all exempt workers correctly. See the answer of Q. An adolescent both male and female who has obtained a certificate of fitness can work in the factory only during the time period of 6 A. There should be a weekly holiday.
And such facility should be separate for male and female and must be at the convenient place and kept clean. And period of work inclusive of intervals shall not spread over 10 ½ hours in any day. And there are few returns also need to maintain to be fully complied. It may further provide for the foodstuff and charges to be applicable in the canteen. If power is not used then the precincts would be deemed to be a factory if 20 or more workers are working even on a single day in the preceding twelve months. In addition to the above duties, every occupier shall also— a prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to i the health and safety of the workers at work, and ii the organisation and arrangements for the time being in force for carrying out that policy, and b bring the statement and any revision thereof to the notice of all the workers. The persons so appointed should have legal or special knowledge to act as accessory in such inquiry.
Compliance Checklist under the Factories Act, 1948
The Act was then amended in 1891, 1911, 1922, 1934, 1948, 1976, and 1987. It is an offence, and penalties will be imposed, imprisonment for up to a year; a fine of up to one lakh rupees; or both fine and imprisonment. If the floor will become wet, drainage should be provided. Aim and Objective for the Factories act 1948 The main purpose of the Indian Factories Act 1948 is to regulate working conditions in factories, regulate health, annual leave, safety, welfare, and to establish special provisions related to young people, women, and children working in factories. Such certificate valid for a period of 12 months.
Note : i In counting the number of workers, temporary, part time or piece rate workers must be included. Such shelters or rest rooms shall be sufficiently lighted and ventilated and shall be maintained in cool and clean conditions. Leave Worker is entitled in every calendar year annual leave with wages at the rate of 1 day for every 20 days of work performed in the previous calendar year provided that he had worked for 240 days or more in the previous calendar year. Powers of inspectors Sec. When it comes to occupier and manager responsibilities under the Factories Act of 1948, the government is actively working to update the Act and provide effective measures. Section 21 to 41 deal with the safety provisions. Do you know the Almost a century after the process of modern industrialization began in Britain, it came to India, so the beginning of the Factory Act had to wait at the same time.
Washing Facilities Section 42 : In every factory suitable and adequate facility shall be provided separately for males and females and such facilities shall also be maintained by the employer regularly for the benefit and use of the workers working in the factory. The term adult consumption unit means a male worker above the age of 14 years. Adequate arrangements for drinking water should be made. What would you recommend him according to the provisions of Factories Act, 1948? It is not necessary that the entire premises or precincts should be used for a manufacturing process. The object of the act is to secure health, safely, welfare, proper working hours, and other benefits to workers.
For the purposes of Sec. This website is intended to provide a general guide to the valuer World and the services it provides. He cannot depend on the statement of the applicant. Where workers in a factory arc paid on a piece rate wages, the time rate shall be deemed to be equivalent to the daily average of their full time earning for the days on which they are actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done and such time shall be deemed to be the ordinary rate of wages. The State Government has the power to make rules for the computation of cash equivalent of the advantage accruing through the concessional sale of food grains and other articles to the worker. The next day for him shall be deemed to be the period of 24 hours, when such shift end and the number of hours he worked after the midnight shall also be counted In previous day.
Worker: The worker definition is specified under A worker is someone who performs any job associated with a manufacturing process, whether they are employed directly or indirectly through an agency, a contractor, or any other means. The Act outlines the time that employees work, their working hours, paid time off, paid overtime, their age restriction, etc. Let us go through the history lane to see how it all started: The first cotton fabric factory was founded in Bombay in 1854. All manufacturing employees are protected by the Act, but young and female workers are particularly well-protected. The first formation Factories Act 1948 was initiated in 1881. And corrective measure needs to adopt as per the provision of the Act. This article discusses the Factories Act of 1948.