Factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india. To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory. The act regulates the safety, health and welfare of factory workers. The factories act, 1948 sets forth the principle that workers should be protected from sickness, disease and injury arising from their employment. Application of act to government factories 117 protection to persons acting under this act 118 restrictions on. Since the aim and object of the act is to safeguard the interest of workers and protect them from exploitation, the act prescribes certain standards with regard to. Yet for millions of workers the reality is very different. The bill amends provisions related to overtime hours of work. The occupier will be held responsible if the provisions of the factories act, 1948 are not complied with. The object is to secure to workers health, safety, welfare, proper working hours and other benefits.
The constitution provides a broad framework under which policies and programmes for occupational health and safety can be. Competitive exams the factories act, 1948 translation in. The book also includes some important provisions of the constitution of india as are important for the workers. Exploratory cum descriptive research design has been used in present study. Dec 09, 2015 factories act 1948 safety act 1948 industrial safety act 1948 factories act 1948 india wikipedia factories act 1948 india. An act to consolidate and amend the law regulating labour in factories. The factories act 1948, no doubt predominantly imposes liability against the employer exploiting the workers with utter disregard to the safety, health and welfare. The present factories act, 1948 consists of 120 sections divided into xi chapters, mainly dealing with procedural and enabling provisions to make the law effectively enforceable by imposing responsibilities on the employer and occupier of the factories.
In this act, unless there is anything repugnant in the subject or context, ii whereon twenty or more workers are working. Chapter v contains provisions for welfare of the workers in the factory and they are incorporated under sections 42 to 50 of the factories act, 1948 section 42. The factory act, 1948 was enacted for betterment of condition of workmen in factories. Sep 12, 2015 penal provisions the maximum punishment for any kind of violation of the provisions of the factories act, 1948 and rules framed thereunder is 2 years of imprisonment or fine up to rs. Floor of workroom should be cleaned at least once in a week. The provisions relating to the safety of young persons are scattered through the act, but for the convenience of the readers are summarised as under. Health and safety provisions as per factories act hrmexpress. Such measures are provided under chapters iii, iv and v of the act which are as follows. The factories act, 1948 has provided for certain health and welfare measures for workers working in factories in india.
Factories act, 1948 is an act to consolidate and amend the law regulating labour in factories. Where ten or more than ten workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing power is being carried on with the aid of power, or is ordinarily so carried on, or. This act was basically designed to protect childrenand to provide few measures for health and safety ofthe workers. As it was started without planning, they employedthe women as well as their children in factories whoneeded to work for more than 12 hours a day. Factories act is one of the earliest welfare legislation. O code of industrial hygiene as were practicable under indian conditions and the. The factories act, 1948, has been promulgated primarily to provide safety measures and to promote the health and welfare of the workers employed in factories. Safety chapter iv of the factories act, 1948, deals with the provisions relating to the safety of the workers in a factory. Any inspector may institute proceedings on behalf of any workers to recover any sum required to be paid by an employer under the provisions relating to. Model rules under the factories act, 1948 corrected up to 31987. These issues are so important and critical that the entire industrial. Factories act 1948 dgfasli, mumbai, ministry of labour. Section 21 to 41 of the factories act 1948 deal with the provisions relating to safety to workers in a factory and section 52 to 50 of the factories act, 1948 lays down the provisions relating to the welfare of workers employed in industrial establishments. Power to declare different departments to be separate factories or two or more factories to be a single factory 12 5.
The factories act of 1948 came into force on 1st april 1949. Sep 03, 2012 inspectors have power to inspect factories any time and may require the production of registers, certificates, etc. Health and safety under factories act 1948 legal bites. The act also makes provisions regarding employment of women and young persons including children and adolescents, annual leave with wages etc. Nov 19, 2017 1948 health and safety under factories act 1948 says. Health and safety in the workplace in india occupational. Power to declare different departments to be separate factories or two or more factories to be a single factory. The factories act, 1948, defines certain provisions regarding this concept. In general terms, welfare is nothing but health, happiness, and fortune. Provisions relating to offences and penalties under the factories act, 1948 for contravention of laws relating to safety and health of the workers. Factories act 1948 international labour organization. Section 14 of factories act, 1948 provided that in every factory, where due to manufacturing process, dust or fume or other impurity arise which is likely to be injurious to the health of workers employed, effective measures shall be taken to prevent its inhalation, and accumulation in any workroom. Health chapter iii of section 11 to 20 of the factories act, 1948, deals with the provisions relating to the health of the workers in a factory.
Medical befit council under employees state insurance act 1948. The factories act, 1948 has been amended from time to time, especially after the bhopal gas disaster, which could have been prevented. Health and safety provisions as per factories act citehr. Health facilities provided in factories for workers include provision for cleanliness of the factory premises, disposal of wastes and effluents, ventilation and temperature, dust and fumes, artificial humidification. In farming the new act, the labour minister stated in the legislature on 30 th january, 1948 that the government had tried to implement as many of the provisions of the i. There are various measures under factories act 1948 which are taken by factories for health, safety and welfare of their workers.
It deals with various problems concerning safety, health, efficiency and wellbeing of the. Yet some employers have still not applied the prescribed guidelines. The same has been done in order to ensure the welfare, health and wellbeing of workers. Factories act, 1948 arrangement of sections section page chapter i preliminary 1. Section 7a and 7b of the factories act at the same time the act also recognizes the role of workers in safety and provided for obligations to them. In 1891 another factories act was passed whichextended to the factories. Health measures and safety provisions in factories act, 1948.
State governmentsunion territory administrations have been empowered under certain provisions. It deals with various problems concerning safety, health, efficiency and wellbeing of the persons at work places. The factories act 1948 gives the provisions related to three basic types of issues which are health, safety and welfare. Part10 factories act working hours sec5158labour law cs. As amended by the factories act second schedule, amendment, 20 s. Factories act, 1948 this is one of the earliest welfare legislation. In this act, unless there is anything repugnant in the subject or context,a adult means a person who has completed his eighteenth year of age. Hence the act prescribes fines and imprisonment if the employers fail to apply factory act in true spirit. Firoz alam vs state of chhattisgarh in the high court of chhattisgarh judgment dated 28th february, 2009. 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. Factories act 1948 health, safety and welfare of workers. Very important features of the factories act, 1948.
The name of the occupier of the factory is required to be informed to the chief inspector of factories. Important provisions relating to safety of workers under the factories act, 1948. Summary of the factories act 1948 commentory simple. Factories act 1948 chapter iv a provision relating to.
Health and safety provisions as per factories act labor laws. Registration and licensing of factories under factories. Health and safety regulations under factories act, 1948. The occupier shall ensure, as far as possible health, safety, and welfare of workers while they are working in a factory. A guide to the factories act, 1948, the karnataka factories. Whereas it is expedient to consolidate and amend the law regulating labour in factories. The occupational safety, health and working conditions code osh is a bill, currently under consideration for enactment by the indian parliament.
For contravention of the provisions of the act or rules imprisonment upto 2 years or fine upto rs. Chapter iii of the act deals with the following aspects. Government are, therefore, initiating various measures from time to time to ensure that adequate standards of safety, health and welfare are achieved the all work places. The object thus brings this act, within the competence of the central legislature to enact. Indian factory act 1948 relating to measurements of the amount of work done by piece rated workers under the payment of wages mines rules 1956 and return relating to accidents under the factories act, 1948 and plantations labour act, 1951. Objectives to know the objectives, scope and coverage of the act to take note of the provisions relating to health, safety and welfare to understand the provisions relating to working hours, holidays and leave to develop an understanding about the special provisions for women and young persons to appreciate the administrative and enforcement machinery. Factories act, 1948 bare acts law library advocatekhoj. Safety under chapter ivsections 2141 of the factories. It extends to whole of india and applies to every factory wherein 20 or more workers are ordinary employed. Health measures and safety provisions as per factories act, 1948. Where, as a result of the passing of an order or the making of a rule under the provisions of this act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in subsection 1 of that section, he shall be allowed, within the month in which the. No adult worker shall be required or allowed to work in a factory for more than fortyeight hours in any week. Under the factories act, factory means any premises.
This law was applicable to only those factories, whichemployed 100 or more workers. Five main objectives of the factories act, 1948 article shared by the main objectives of the indian factories act, 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories. It also advises factories on various problems concerning safety, health, efficiency and well being of the persons at work places. State governmentsunion territory administrations have been empowered under certain provisions of this act. It lays down that in every factory adequate and suitable facilities should be provided for washing separately for male and female workers. The welfare and safety provisions of factories act, 1948. The main object of the factories act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. The occupier was punished under the power of section 92 of the factories act, 1948 as well as under the section 304 a of the indian penal code for an accident causing death in the factory. The principal health and safety laws are based on the british factories act. The main objective of the act is to ensure adequate safety measures but also to promote health and welfare of the workers employed in factories as well as to prevent haphazard growth of factories. The act of 1948 not only consolidated but also amended the law regulating labour in factories.
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