Difference between revisions of "FACTORIES ACT 1948"

From Advocatespedia, ASSN: 143634
Jump to navigation Jump to search
(Created page with "In the later half of nineteenth century a rise of large scale happened in the sectors of factories and industries in India.Inspector-in- Chief of the Bombay Cotton Department,...")
 
(No difference)

Latest revision as of 21:00, 2 August 2020

In the later half of nineteenth century a rise of large scale happened in the sectors of factories and industries in India.Inspector-in- Chief of the Bombay Cotton Department, Major Moore raised questions regarding the provision of legislation to regulate the working condition in factories. As a consequence the first Factories act was enacted in 1881.

Since then the act has been revised on various occasions. Replacing all the previous legislation regarding to the factories, The Factories Act 1934 was passed.In the light of recommendation of the Royal Commission on Labour this act was drafted. A number of defects and weakness had been revealed in the Factories Act, 1934. Which have hindered effective administration of the Act.

To cover all the ambits of health, cleanliness, over time payments, safety and welfare of labour force employed in a factory the provision Factories Act, 1948 was passed by the Constituent Assembly on August 28, 1948. After receiving the assent of Governor General of India on 23 September 1948. It came into force on April 1, 1949.

The Act is enforced in the entire country with the exception of Jammu and Kashmir. This Act is applicable to all factories which have employed ten or more than ten workers on any day of the preceding twelve months, occupied in manufacturing process which is being carried out with the aid of power or twenty or more than twenty workers who are employed in manufacturing process which being carried out without the aid of power.

The main intent of the Indian Factories Act, 1948 is to monitor and regulate the working conditions in the factories, including the health, safety welfare, and annual leave aspects in it and enact special provision in respect of young persons, women and children who work in the factories.It is all done under the chapter III , IV, V, VI & VII of the Act.

This provision includes :- • Chapter VI deals with the working hours &over time rules No adult worker shall be allowed to work in a factory for more than 48 hours in a week under section 51 and weekly holidays should be provided under section 52. Workers should not be made continuously work for 10 days straight without any holidays. Compensatory holidays should be provided and daily work hours of the worker should not extent more than 9 hours of a day. Proper working arrangements of shifts should be done in the factory, which should include interval of rest during working hours. Extra wages for over time should be provided. No double employment is allowed. Register of adult worker showing name and nature of work should be maintained.Worker aren’t allowed to do any work other than mentioned in the notice and the register.

• Chapter III deals with the health provision Every factory must be cleaned with a disinfectant and there should be no accumulation of dirt which is ensured under section 11.Under section 12 proper arrangements for the treatment of wastes and effluents must be maintained. Adequate ventilation for the circulation of the fresh air should be done and the temperature in the factory should not rise beyond the reasonable conditions of comfort. Effective measures should be taken to prevent the accumulation of dust and fumes if released. Over crowding should not be allowed in any room of the factory.Under section 18 sufficient clean drinking water and passage of natural light should be maintained. Sufficient latrine and urinal accommodation should be there in every factory and the accommodation so provided should be separate for male and female with proper lights and ventilation is ensured under section 19.

• Chapter IV deals with the safety provision In order to provide safety to the workers the machinery should be fenced. No young person shall work at any dangerous machine unless the person is fully trained to do so.No self-acting machine shall be kept in such a space where people are likely to pass. The casting of new machinery should be done and old machinery should be timely monitored and replaced with new ones. Factory using any machinery which is operated at a pressure above the atmospheric pressure, then the pressure needs to be checked. Floors, stairs, and passages should be properly constructed and maintained. Precaution must be maintained against any case of fire, explosive or inflammable dust, gas, dangerous fumes, pits, sumps, opening in floors etc. Floors stairs and the building needs to be maintained. Moreover a safety officer should be appointed in the factories.

• Chapter V deals with the welfare provision Separate and adequate washing facilities should be provided for male and female worker. It should be conveniently accessible. Facilities such as drying and storing clothes, canteens, rest room, lunch roomcrèches and sitting room should be maintained. First aid appliances and welfare officers should be appointed.

• Chapter VII deals with employment for young persons No child who is less than the age of 14 years should be allowed to work in any factory. Certificate of fitness by the doctors should be provided. Register for child workers should be maintained with the nature of the work they are doing and no child should be allowed to do any work unless its name is being registered. Children's should not be allowed to work more than four and half hours and no night shifts are allowed for them.

• Section 92 deals with the penalties Provision made under Factories Act 1948, needs to be strictly followed in case if violated then it would be treated as an offense to the laws. 1. Imprisonment term may extend to one year. 2. Fine may extend one lakh rupees. 3. Both fine & imprisonment may be imposed.

• Section 97 deals with the offences by the workers.

The Factories Act 1948 aims and objects to be a beneficial legislation which safeguard the interests of workers, stop their exploitation and take care of their safety, hygiene and welfare at their places of work. This act was being regularly amended till 1976. By the time the government could adapt any latest trend in the industrial sector but due to the globalization and modernization many chemical industries involving toxic and hazardous substances were coming into existence.

The Bhopal Gas Tragedy occurred in 1984, killing thousands of innocent people and stunned the world. It was considered as a greatest modern fiasco ever of world. Which demonstrated and created many lacunas in the factories act of 1948 amid the time of Bhopal gas tragedy. A need for change in the predominant enactment was felt desperately. As a result this act wanted the latest amendment and later this act was amended in 1987 as a memorial to the victims of Bhopal.

Acts are still being revised till date and government is actively aiming to provide ample amount of benefits to the workers. Despite several amendments it cannot be said that it is perfectly alright since the requirements and conditions of the employee and employers are changing at a rapid stage. It is, however necessary that both the workers and employers make themselves aware of the various provisions of the act and safeguard their interests on their own by forcing the default in the legal obligation.