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FACTORIES ACT 1948

[BENEVOLENT/BENEFICIAL
LEGISLATION]
Objective
1. To regulate working conditions in
factories; and
2. To ensure that basic minimum
requirement to factory worker
a) safety
b) health
c) welfare
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3. It also regulates
a) working hours
b) leave
c) holidays
opting out - Void

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IMPORTANT DEFINITIONS
FACTORY - Any premises including
precincts where manufacturing process
is carried on
Min. no. of workers
 working on any day of preceding 12
months; and
 in any part of which manufacturing
process is being carried on
o 10 or more (factory run with power)
o 20 or more (factory run without power)
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Important Definitions

WORKER - Employed (exclusively) in


any manufacturing process or work
incidental thereto
o directly or though contract
o with or without knowledge of principal
o for remuneration or not (piece rated)

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Important Definitions

MANUFACTURING PROCESS -
 Making, altering, repairing,
ornamenting, packing, washing,
cleaning, treating, adapting for sale,
transport, delivery disposal
 Pumping or water sewage
 Generating, transforming or
transmitting power
 Composing, printing, book binding
 Constructing, ship breaking
 Cold storage
 Conversion of raw films into a finished 5

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Important Definitions

OCCUPIER -Person having ultimate


control over affairs of factory
[Partnership/ Company]

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EMPLOYER’S OBLIGATIONS
Prior approval of State Govt.
 Site for setting up/extension of factory
 Registration of factory
 Licence to operate
Notice of occupation
 Chief Inspector of Factories within 15
days before occupation
Renewal of licence
 Annual (Jan – Dec)
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Employer’s Obligations
(Contd.)
GENERAL DUTIES - Occupier to
provide/ ensure adequate safety
measures, tests, experiments
Health - Cleanliness, effluent
treatment, ventilation, lightning,
drinking water, latrines, urinals
Safety - Fencing, excessive load to be
carried (reasonable load), lifts, hoists,
hazardous chemicals, stairs/floors,
barrier free etc
Safety Officer - factory with more
than 1000 workers
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Employer’s Obligations
(Contd.)

Welfare - Sitting arrangements for


resting, first aid box, suitably located
canteen
 ambulance (factory with 500 or more
workers)
 crèches (factory with 30 or more
women workers]
Working hours - Women not be
employed between 10pm to 6am
 9 hours/day; overtime thereafter; 48
hours/week
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Employer’s
Obligations
Leave entitlement (Earned leave)
Worked in a year - 240 days
Adult – 1 leave per 20 days worked
Child – 1 l1ave per 15 days worked
Carry forward 40 days
Leave Application – At Lest 15 Days
Prior

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PENALTIES

Violations by Occupier –2 years


imprisonment/Rs. 1 lakhs ;
 Continuous – Rs. 1,000 per day
 Subsequent – 3 years/Rs. 2 lakhs
 Death – Rs. 25,000
 Serious body injury – Rs. 5,000
 Hazardous-imprisonmnt 7 years/Rs.2
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Appeal provisions 11

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