2. The Factories Act, 1. THE FACTORIES ACT, Sec. [ACT NO. LXIII OF An Act to consolidate and amend the law regulating labour in factories. THE FACTORIES ACT, ACT NO. 63 OF 1*. [23rd September, ] An Act to consolidate and amend the law regulating labour in factories. MODEL RULES UNDER THE. FACTORIES ACT, (Corrected up to ). DIRECTORATE GENERAL. FACTORY ADVICE SERVICE AND LABOUR .
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Additional protection from hazardous processes. Additional protection to women workmen. Prohibition of employment of children. FACTORIES ACT, WAGES AND SALARY OBLIGATIONS OF WORKERS THE FACTORIES ACT, 1. INTRODUCTION The object of the Factories Act is to regulate the. In India the first Factories Act was passed in This Act was basically designed to protect children and to provide few measures for health and safety of the.
If the Inspector of Factories thinks that any building in a factory, or any. 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.
The State Government may make rules providing for the use of such further devices for safety as may be necessary. In every factory adequate and suitable facilities for washing shall be provided and maintained.
They shall be conveniently accessible and shall be kept clean. There must be separate provisions for male and female workers. Storing and drying. The State Government may make rules requiring the provision of suitable facilities for storing and drying clothing. 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.
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 persons must maintain an ambulance roam containing the prescribed equipment and in charge of the prescribed medical and nursing staff-Sec.
Where more than 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. In every factory where more than workers are employed there must be provided adequate and suitable shelters or rest. The standards may be fixed by the State Government. 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.
The standards shall be laid down by the State Government. Welfare officers. Welfare officers must be appointed in every factory where or more workers are employed. The State Government may prescribe the duties, qualifications etc. The State Government may make rules regarding the welfare of workers. No adult worker shall. 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. 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. 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. Where a worker in a factory works on a.
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. 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. 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. 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. 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.
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. If any such person does not get more than Rs. Hours and Spreadover. Any exemption granted under Sec. 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. 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.
No women shall be required or allowed to work in any factory except between the hours of 6 a. The State Government may by notification in the official Gazette vary the limits for any factory or group or class or description of Prof. But such variation must not authorize the employment of women between the hours 10 p.
There shall be no change of shifts for women except after a weekly holiday or any other holiday. There is an exceptional case. The State Government may make rules providing for the exemption from the aforesaid 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 employment of women workers: 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.
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.
The State Government may make rules prescribing the maximum weights. 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.
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. No child who has not completed his fourteenth year shall be required or allowed to work in any factory. 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.
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. The certificate may be renewed and, if necessary, revoked. Any fee pa: 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 Chapter VI and VIII of the Act.
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.
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.
Working hours for Children. The law regarding working hours for children are stated below. 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,. 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. 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. 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 Register. A notice must be displayed showing clearly the periods of work of children. 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.
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.
Factories Amendment Act, The hours of work of a child must correspond with the Notice and the Register. 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.
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 State Government is to prescribe what machines are dangerous far the purpose of this section.
Certain restrictions an adolescents and children are stated in Sections 22 2 , 27, 34 and' 87 b. 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 Prof.
There are also two general Acts the subject. The Children Pledging of Labour Act Act 11 of 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 , and 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 connected 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 The provisions are explained below.
Weekly Holidays. Section 52 provides that an adult worker 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. 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.
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 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 regarding the Annual Leave are summarized below: When counting the number of days of work performed by a worker, the following are to be included: But the worker shall not earn leave for these days. 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. 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?
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 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 In calculating the leave period, fraction of leave for half a day or more shall be treated as one day and fractions of fewer amounts shall be omitted. 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.
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 Prof. 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 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. An application for leave submitted in proper time shall not be refused unless the refusal is in accordance with any leave scheme in operation.
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 favorable 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 of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or con- Prof. Added by the Amendment of 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. 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. 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.
Wages -for the leave period, if not paid by an employer, shall be recoverable as delayed wages under the provisions of the Payment of Wages. Act, Also such time rates shall be deemed to be the ordinary rates of wages of those workers.
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. Explanation 1. Explanation 2. In Stroud's judicial 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. The High Court of Madras was of opinion that if the remuneration is to be paid daily or Prof. According to the Pay- ment of Wages Act any amount over Rs. Re Gemini Studio. In this judgment the following cases were cited and approved, MohmeddIli v. Union of India; Gordon v. In the cases mentioned above, and. If any worker contravenes any of the previsions of this section or of any rule or order made Prof.
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. 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.
The exemption is to. 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. 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 favorable to the workers than the provisions of the Act.
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 Prof. Rules have been 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 work- ing for a Period of 48 or more hours or other types of injury which may be specified by rules. Notice of certain dangerous occurrences. Where in a factory any dangerous occurrence of such nature as may be prescribed 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.
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