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Overview
It is a comprehensive piece of legislation covering all aspects relating to factories . It provides for Approval, Licensing, Registration, & Inspection of factories. It ensures Health, Safety & Welfare of workers.
Scope
The Factories Act, 1948, came into force on 1st April, 1949. it was enacted with a view to removing a number of defects, revealed in the working of the Act of 1934. The Act of 1948 not only consolidates but also amends the law regulating labour in factories. It extends to the whole of India. Section 116 provides that, unless otherwise provided, this Act also applies to factories belonging to the Central or any State Government.
Scope
Factories Act is a piece of social welfare legislation. It was enacted primarily with the purpose of protecting workmen employed in factories against the industrial and occupational hazards.The provisions have been laid down to ensure that the workers are not subject to long hours of strain and the working conditions are humane. It promotes safety, health and sanitary conditions of the place of work.
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
"worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union.
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
Ingredients of the definition of worker 1. There should be an employment of a person. He must be employed by the owner or occupier of a factory. The employer, the employee and the contract of employment are three essentials of employment. The employer is a person who employs or engages the services of other persons. The employee is one who works for another for hire.
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
2. The person may be employed directly or through an agency including contractor with or without the knowledge of principal employer.
The person may be employed in the establishment either directly or by or through any agency; and in either case, there is a contract of employment between the management and the person employed.
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
3. Existence of master-servant relationship not necessary Definition of workman under Factories Act does not contemplate the existence of relationship of master and servant between and employer and employee . Thus definition of workman under Factories Act is wider than its definition under Industrial Disputes Act.
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
What is master-servant relationship ? master and servant relationship means master (employer) tells the servant (employee) what work is to be done & how the work is to be done. Four tests for master and servant relationship are: Masters power of selection of his servant The payment of wages or other remuneration. The masters right to control the method of doing the work ( how the work is to be done) Masters right of supervision and control.
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
4. Employment should be in any manufacturing process or any work incidental thereto. The person may be employed in any manufacturing process or in cleaning any part of the machinery or premises used for manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of manufacturing process.
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
Thus under Factories act it is immaterial how or by whom a person is employed so long as he is actually employed in the manufacturing process. EXAMPLE A person was employed in a paper factory. He was entrusted with the task of supervision of the factory. He also used to deal with the receipts and maintenance of stocks and pass the bills of suppliers of the waste paper and rags. He used to work in the precincts of the factory and also worked inside the factory in case of necessity. It was held by the court that working inside the factory was the subject of the manufacturing process. Hence the person in question can be regarded as a worker from the point of view of the Factories Act. [ Rohtas Industries v. . Ramlakhan Singh ]
Scope
WHO IS A WORKER UNDER FACTORIES ACT ?
5. Employment may or may not be for remuneration The person may be regarded as a worker whether he is employed for wages or gratuitously.
6. The worker does not include any member of the armed forces
Scope
WHAT IS A FACTORY UNDER FACTORIES ACT ?
"factory" means any premises including the precincts thereof (i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on but does not include a mine subject to the operation of the Mines Act, 1952 or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
Scope
WHAT IS A FACTORY UNDER FACTORIES ACT ?
Definition of the term factory covers all industrial establishments employing 10 or more workers where power is used and 20 or more workers in all other cases. EXAMPLE Where the establishment carrying out manufacturing process has several branches, all such branches will constitute a factory and the workers working in all such branches will be taken into account while reckoning the total no of workers working in the factory. [ Gangadharan Vaidyan v. Regional Provident Fund Commissioner, Kerala 1966 II LLJ 216 (Ker. HC) ]
Scope
WHAT IS A FACTORY UNDER FACTORIES ACT ?
EXAMPLE Garden caf using grinder with the aid of power for manufacturing pickles, chutneys, dal, etc., and employing 10 persons, is a factory. [ ESIC v Garden Caf, 2000 I LLJ 1557 (AP.HC) ]
Scope
WHAT IS A FACTORY UNDER FACTORIES ACT ?
Meaning of the words premises and precincts
Premises is a generic term and not specific term and includes Open land, Land with building or Building alone
There may be some premises with precincts and some premises without precincts
Scope
WHAT IS A FACTORY UNDER FACTORIES ACT ?
EXAMPLE The length of Railway line would be phasewise factories and company engaged in construction of Railway line a factory.
Scope
WHAT IS A FACTORY UNDER FACTORIES ACT ?
EXAMPLE A municipally was running a water works or the supply of water to the town, it was held that the pumping of water is a manufacturing process according to the definition of Act, even though it may not be so in common parlance. The water works is, therefore, covered under the Factories Act. [ Hathras Municipality v. Union of India ]
Scope
FACTORIES ACT
Section 4 empowers State Government to declare different departments to be separate factories or two or more factories to be single factory. The power is used at its own or on application.
Scope
FACTORIES ACT
Section 5 in the case of public emergencies, empowers State Government to exempt any factory or class of factories from all or any of the provisions of this Act except from section 67 of Factories Act.
Scope
FACTORIES ACT
Authorities under the act Inspecting staff Welfare officers ( where 500 or more workers were employed ) Safety officers ( where 1000 or more workers are employed )
In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used.
Section 68-73 (Factories Act) 1) A child of more than 14 years is allowed to work in factories only if a certificate of fitness has been granted by a certifying surgeon and the child or adolescent carries a token while at work giving reference to certificate.