Tuesday, 12 June 2012

The Factories Act, 1948 - Important sections, amendments & applications

Objective of the Act

 
To consolidate and amend the law regulating labour in factories, with respect to regulation of working conditions, working hours, safety, leave and holidays of  factory workers etc. but not wages.

 
Definition of Factory
  1. Where 10 or more persons were working on a manufacturing process with the aid of power or
  2. Where 20 or more persons were working on a manufacturing process without the aid of power.
Section 6:
  1. Regarding license from Factories Inspector 
  2. License valid for one month (till Dec 31)
Section 7:    Notice of change of occupier

 
Section 7 (4):   Notice of change of Manager

 
Section 61 (10):  Notice of change in working hours, shifts

 
Section 41-G :  Regarding Safety Committee

 
Section 41-B : Disclosure of information regarding hazardous process/dangers

 
Section 41-C: HSE policy to be displayed

 
Section 110: Annual Return & Half yearly return.

 
Section 11 to Sec 50 : Health and welfare provisions.

For factories employing above 200 workers: One full time Factory Medical Officer for factories employing upto 500 workers and one more Medical Officer for every additional 1000 workers or part there of.

 
Section 51-71: Provisions relating to working hours to be strictly followed by every factory location.
  1. Maximum of 9 hours a day or 48 hours in a week. Max. 60 hours in certain cases.
  2. Half hour rest with every 5 Hrs of work period.
  3. Spread over of work period incl. rest is restricted to 10.5 hours a day but upto 12 hours with special permission.
  4. weekly holiday.
  5. Notice of periods of work for all to be displayed/strictly adhered to.
  6. Compensatory holidays for working on weekly holiday/ Sunday
  7. Restriction on overlapping shifts
  8. Extra wages for overtime.
 

 

 

 

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