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Factory Act,1948
The working conditions in a factory
should ensure health and safety of
the workers and other employees.
The Factories Act,1948 is a
comprehensive document covering
various aspects of design and
operation of factories and regulates
the working conditions.
Salient Provisions
Factory Act,1948 covers the following
(i) Licensing and Registration
(ii)Health
(iii)Safety
(iv)Welfare
(v)Hours of work
(vi)Employment of young persons
(vii)Leave
Some Definitions
Adult is a person above eighteen years of age.
Adolescent is a person of fifteen years but less than
eighteen years of age.
Child is a person below the age of fifteen.
Young person under the age of eighteen years. He may be
a child or adolescent.
Day means a period of twenty four beginning at midnight.
Week is a period of seven days beginning at midnight on
any night approved by the Chief Inspector of Factories.
Power is electrical energy or mechanical energy but not
generated by human or animal power.
Prime power is a machine to provide or generate power.
Machinery includes prime movers, transmissions
machinery or driven machinery.
Health
Section 11 to 23 contained in chapter III of the
Factories Act 1948 deal with the health of workers in
a factory. These provisions are as follows
(i) Cleanliness: Every factory must be kept clean by
following methods:
(a)Removal and disposal of dirt and refuse from floors,
benches etc. everyday.
(b)Washing the floors of work room at least once every
week using disinfectant.
(c)Effective means of drainage to avoid collection of
water.
(d)Painting is to be done at least once in 5 years.
(e)Whitewashing is to be carried out at least once in
14 months.
Over-Crowding
(a) No work room will be overcrowded
to an extent, which is injurious to the
health of workers.
(b) The minimum space provided for a
worker should be 500 cubic feet(14
m3)
(c) The chief inspector may post a
notice in the work room indicating
the maximum number of workers
who may be employed in that room.
Safety
(i) Fencing of machinery
(ii)Work on near machinery in motion
(iii)Employment of young persons on dangerous machines
(iv)Hoists and Lifts
(v)Lifting machines, chains, ropes and lifting tackles
(vi)Pressure plants
(vii)Floor, stairs and means of access
(viii)Pits, sumps, opening in floor etc.
(ix)Excessive weights
(x)Protection of eyes
(xi)Precaution against dangerous fumes
(xii)
Explosives or Inflammable dust, gas etc.
(xiii)
Explosives or Inflammable dust, gas etc.
(xiv)
Precautions in case of fire
Welfare
Welfare measures are adopted to increase the
productive efficiency of workers. Important
welfare measures as per act are given
below.
(i) Washing facilities
(ii)Facilities for sitting
(iii)First aid appliances
(iv)Canteens
(v)Shelters, rest rooms and lunch room
(vi)Crches
(vii)Welfare Officers
Working Hours
(i) Daily Hours
(ii)Weekly Hours
(iii)Weekly holidays
(iv)Extra wages for overtime
(v)Register of adult workers
() Employment of young persons
() Leave
Central Board
The Act provides for constitution of central board for
prevention and control of water pollution. The central board is
under control of Govt. Of India.
It consists
- One full time Chairman
- Not more than five officials nominated by Central Government.
- Not more than five persons nominated by the central govt from
among the members of State Boards.
- Not more than three officials nominated by the govt to
represent interests of agriculture, fishery, industry and trade
etc.
- Two persons nominated by Government to represent
companies or corporations of the Govt.
- One full time member secretary.
State Boards: The state Govt may constitute a State Pollution control Board
consisting of following members:
- One full time Chairman
- Not more than five officials nominated by the government from amongst the
members.
Functions of State Board
- To advise State Government regarding water pollution control or location of
industries.
- To plan programme for prevention and control or abatement of water
pollution.
- To conduct and encourage research relating to water pollution
- To conduct and encourage research relating to water pollution.
- To seek guidance and training of persons connected with prevention, control
or abatement of water pollution from Central Board.
- To inspect effluents and treatment plants
- To lay down standards of effluents
- To evolve economical and reliable methods and lay down standards for
treatment of sewage and trade effluents.
- To evolve methods for utilisation or disposal of treated sewage and effluents.
- To perform such functions as may be entrusted by Central Board or State
Government
- To establish or recognise laboratories for analysis of samples.
Power of Board
- Every industrial house must obtain consent from State Board
about the method of treatment and disposal of sewage or trade
effluent, amount, contents and place or discharge into a stream or
well.
- It has the power to obtain information from individuals about
removal or discharge of water.
- To take samples of any sewage or trade effluent, water from any
stream and well.
- To enter any premises and inspect any plant, record, register,
document and conduct of a place if the authority has reason to
believe that an under this act has been committed in residential
areas.
- In case of any emergency or pollution causing accident, the Board
can take remedial in writing that may include restraining or
prohibiting discharge of pollution.
- Normally the Board makes an application to court after detecting
an offence for giving injunctive, restraining an establishment from
causing pollution of water in stream or well.
Penalties
Punishment, in case of failure to provide
information or comply with directions of the
Board, a person on conviction by Court, is liable to
be punished with imprisonment upto three
months or/ and a fine of upto 10,000 rupees. In
case the failure continues he can be punished
with an additional fine of upto Rs 5000 per day
during which such failure continues. A person
convicted of causing pollution due to non
observance of standards is liable to be inprisoned
for 1Vz years or and fine of upto ten thousand
rupees.
Limitation
The Act does not provide for involvement of people or
voluntary agencies in its implementation.
Power of the Board is largely advisory in nature. Even the
consent application would be deemed to have been cleared if
the authorities do not communicate the same within four
months.
The Board can take remedial measures only in the event of
accidents or unforeseen occurrences.
Normally the Board is to take recourse to court of law which
takes a long time to come to the conclusion. By that time
sufficient harm is done to water courses.
Provision for giving 60 days notice by a private agency
excludes the chance for immediate remedial action.