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M.Peer Mohamed Sardhar
Factories Act, 1948:
Applicability of the Act
Any premises whereon 10 or more persons with the aid of power or 20 or more workers are/were without aid of power working on any dayd preceding 12 months, wherein Manufactur-ing process is being carried on.
Employer to ensure health of workers pertaining to· Cleanliness Disposal of wastes and effluents
· Ventilation and temperature dust and fume
· Overcrowding Artificial humidification Lighting
· Drinking water Spittons.
· Facing of machinery
· Work on near machinery in motion.
· Employment prohibition of young persons on dangerous machines.
· Striking gear and devices for cutting off power.
· Washing facilities
· Facilities for storing and drying clothing
· Facilities for sitting
· First-aid appliances – one first aid box not less than one for every 150 workers.
· Canteens when there are 250 or more workers.
· Shelters, rest rooms and lunch rooms when there are 150 or more workers.
· Creches when there are 30 or more women workers.
· Welfare office when there are 500 or more workers.
Employment of Young Persons
· Prohibition of employment of young children e.g. 14 years.
· Non-adult workers to carry tokens e.g. certificate of fitnekss.
· Working hours for children not more than 4 ½ hrs. and not permitted to work during night shift.
Working Hours, Spread Over & Overtime of Adults
Weekly hours not more than 48.
Daily hours, not more than 9 hours.
Intervals for rest at least ½ hour on working for 5 hours.
Spreadover not more than 10½ hours.
Overlapping shifts prohibited.
Extra wages for overtime double than normal rate of wages.
Restrictions on employment of women before 6AM and beyond 7 PM.
OFFENCE PENALTIES Sec.92 to
· For contravention of the Provisions of the Act or Rules · Imprisonment upto 2 years or fine upto Rs.1,00,000 or both
· On Continuation of contravention · Rs.1000 per day
· On contravention of Chapter IV pertaining to safety or dangerous operations. · Not less than Rs.25000 in case of death.· Not less than Rs.5000 in case of serious injuries.
· Subsequent contravention of some provisions · Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to Rs.2,00,000.
· Obstructing Inspectors · Imprisonment upto 6 months or fine upto Rs.10,000 or both.
· Wrongful disclosing result pertaining to results of analysis. · Imprisonment upto 6 months or fine upto Rs.10,000 or both.
· For contravention of the provisions of Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work imminent danger. · Imprisonment upto 7 years with fine upto Rs.2,00,000 and on continuation fine @ Rs.5,000 per day.· Imprisonment of 10 years when contravention continues for one year.
Hope this clarifies.
Printed abstracts of the Factories Act & Rules are readily available at city Book-sellers who are keeping record & registers of Factories Act.
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
(M) 09810405361 (O) 0124-4264449
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