The Factories Act of 1948 establishes regulations for occupational safety, health and welfare of workers in factories across India. Key aspects include requiring factory owners to provide notice before occupying premises, ensure general health and safety of workers, allow inspector access to examine premises and processes, maintain cleanliness standards, properly dispose of waste and effluents, ensure adequate ventilation and reasonable temperatures, and take measures to address dust, fumes or other impurities from manufacturing processes that could harm workers. The Act aims to protect worker welfare through compliance with its regulations on workplace conditions and oversight by government inspectors.
The Factories Act of 1948 establishes regulations for occupational safety, health and welfare of workers in factories across India. Key aspects include requiring factory owners to provide notice before occupying premises, ensure general health and safety of workers, allow inspector access to examine premises and processes, maintain cleanliness standards, properly dispose of waste and effluents, ensure adequate ventilation and reasonable temperatures, and take measures to address dust, fumes or other impurities from manufacturing processes that could harm workers. The Act aims to protect worker welfare through compliance with its regulations on workplace conditions and oversight by government inspectors.
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The Factories Act of 1948 establishes regulations for occupational safety, health and welfare of workers in factories across India. Key aspects include requiring factory owners to provide notice before occupying premises, ensure general health and safety of workers, allow inspector access to examine premises and processes, maintain cleanliness standards, properly dispose of waste and effluents, ensure adequate ventilation and reasonable temperatures, and take measures to address dust, fumes or other impurities from manufacturing processes that could harm workers. The Act aims to protect worker welfare through compliance with its regulations on workplace conditions and oversight by government inspectors.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
(3) It shall come into force on the 1st day of April,
1949.
7. NOTICE BY OCCUPIER. - (1) The occupier shall, at
least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing - (a) the name and situation of the factory;
(b) The name and address of the occupier;
(bb) the name and address of the owner of the
premises or building (including the precincts thereof) referred to in section 93;
(c) The address to which communication relating to
the factory may be sent;
(d) The nature of the manufacturing process - (i)
carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act, and
(ii) To be carried on in the factory during the next
twelve months in the case of all factories;
(e) The total rated horse power installed or to be
installed in the factory, which shall not include the rated horse power of any separate stand-by plant; (f) The name of the manager of the factory for the purposes of this Act;
(g) The number of workers likely to be employed in
the factory;
(h) The average number of workers per day employed
during the last twelve
7A. GENERAL DUTIES OF THE OCCUPIER. - (1) Every
occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
(2) Without prejudice to the generality of the
provisions of sub-section (1), the matters to which such duty extends, shall include - (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;
(b) the arrangements in the factory for ensuring
safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) The provision of such information, instruction,
training and supervision as are necessary to ensure the health and safety, of all workers at work;
(d) the maintenance of all places of work in the
factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;
(e) the provision, maintenance or monitoring of such
working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, every
occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organization and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed.
9. POWERS OF INSPECTORS. - Subject to any rules
made in this behalf, an Inspector may, within the local limits for which he is appointed, - (a) enter, with such assistants being persons in the service of the Government, or any local or other public authority, or with an expert as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory;
(b) Make examination of the premises, plant,
machinery, article or substance;
(c) Inquire into any accident or dangerous
occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry;
(d) Require the production of any prescribed register
or any other document relating to the factory;
(e) seize, or take copies of, any register, record or
other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed; (f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b);
(g) Take measurements and photographs and make
such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment;
(h) in case of any article or substance found in any
premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article of substance or a part thereof, and detain it for so long as is necessary for such examination; (i) exercise such other powers as may be prescribed :
Provided that no person shall be compelled under this
section to answer any question or give any evidence tending to incriminate himself.
11. CLEANLINESS. - (1) Every factory shall be kept
clean and free from effluvia arising from any drain, privy or other, nuisance, and in particular - (a) accumulations of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner;
(b) The floor of every workroom shall be cleaned at
least once in every week by washing, using disinfectant, where necessary, or by some other effective method;
(c) where a floor is liable to become wet in the course
of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained;
(d) all inside walls and partitions, all ceilings or tops
of rooms and all walls, sides and tops of passages and staircases shall - (i) where they are painted otherwise than with washable water-paint or varnished, be repainted or revarnished least once in every period of five years;
(ia) where they are painted with washable water
paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;
(ii) Where they are painted or varnished or where
they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed;
(iii) in any other case, be kept whitewashed or
colourwashed, and the whitewashing or colourwashing shall be carried out at least once in every period of fourteen months;
(dd) all doors and window frames and other wooden
or metallic frame work and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;
(e) The dates on which the processes required by
clause (d) are carried out shall be entered in the prescribed register. (2) If, in view of the nature of the operations carried on in a factory or class or description of factories or any part of a factory or class or description of factories, it is not possible for the occupier to comply with all or any of the provisions of sub-section (1), the State Government may by order exempt such factory or class or description of factories or part from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean state.
12. DISPOSAL OF WASTES AND EFFLUENTS. - (1)
Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.
(2) The State Government may make rules prescribing
the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed.
13. VENTILATION AND TEMPERATURE. - (1) Effective
and suitable provision shall be made in every factory for securing and maintaining in every workroom - (a) adequate ventilation by the circulation of fresh air, and
(b) such a temperature as will secure to workers
therein reasonable conditions of comfort and prevent injury to health; and in particular, - (i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable;
(ii) where the nature of the work carried on in the
factory involves, or is likely to involve, the production of excessively high temperatures such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means.
(2) The State Government may prescribe a standard of
adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that [ lra-48 proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained;
(3) If it appears to the Chief Inspector that
excessively high temperatures in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under sub- section (2), serve on the occupier, an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date.
14. DUST AND FUME. - (1) In every factory in which,
by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.
(2) In any factory no stationary internal combustion
engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room.
15. ARTIFICIAL HUMIDIFICATION. - (1) In respect of
all factories in which the humidity of the air is artificially increased, the State Government may make rules, - (a) prescribing standards of humidification;
(b) Regulating the methods used for artificially
increasing the humidity of the air,
(c) Directing prescribed tests for determining the
humidity of the air to be correctly carried out and recorded;
(d) Prescribing methods to be adopted for securing
adequate ventilation and cooling of the air in the workrooms.
(2) 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.
(3) If it appears to an Inspector that the water used
in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date.
16. OVERCROWDING. - (1) No room in any factory
shall be overcrowded to an extent injurious to the health of the workers employed therein. (2) Without prejudice to the generality of sub-section (1), there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least 9.9 cubic metres and of a factory built after the commencement of this Act at least 14.2 cubic metres or space for every worker employed therein, and for the purposes of this sub-section no account shall be taken of any space which is more than 4.2 metres above the level of the floor of the room.
(3) If the Chief Inspector by order in writing so
requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room.
(4) The Chief Inspector may by order in writing
exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein.
17. LIGHTING. (1) In every part of a factory where
workers are working or passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.
(2) In every factory all glazed windows and skylights
used for the lighting of the workroom shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made, under sub-section (3) of section 13 will allow, free from obstruction.
(3) In every factory effective provision shall, so far as
is practicable, be made for the prevention of - (a) glare, either directly from a source of light or by reflection from a smooth or polished surface;
(b) the formation of shadows to such an extent as to
cause eye-strain or the risk of accident to any worker.
(4) The State Government may prescribe standards of
sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process
18. DRINKING WATER. - (1) In every factory effective
arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water.
(2) All such points shall be legibly marked "drinking
water" in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination unless a shorter distance is approved in writing by the Chief Inspector.
(3) In every factory wherein more than two hundred
and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather by effective means and for distribution thereof.
(4) In respect of all factories or any class or
description of factories the State Government may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories. 19. LATRINES AND URINALS. - (1) In every factory - (a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at the factory;
(b) Separate enclosed accommodation shall be
provided for male and female workers;
(c) Such accommodation shall be adequately lighted
and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any workroom except through an intervening open space or ventilated passage;
(d) All such accommodation shall be maintained in a
clean and sanitary condition at all times;
(e) Sweepers shall be employed whose primary duty it
would be to keep clean latrines, urinals and washing places.
(2) In every factory wherein more than two hundred
and fifty workers are ordinarily employed - (a) all latrine and urinal accommodation shall be of prescribed sanitary types;
(b) the floors and internal walls, up to a height of
ninety centimeters, of the latrines and urinals and the sanitary blocks shall be laid in glazed titles or otherwise finished to provide a smooth polished impervious surface;
(c) without prejudice to the provisions of clauses (d)
and (e) of sub-section (1), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both. (3) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein.
20. SPITTOONS. - (1) in every factory there shall be
provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.
(2) The State Government may make rules prescribing
the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.
(3) No person shall spit within the premises of a
factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.
(4) Whoever spits in contravention of sub-section (3)
shall be punishable with fine not exceeding five rupees.
21. FENCING OF MACHINERY. - (1) In every factory
the following, namely, - (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not;
(ii) The headrace and tailrace of every water-wheel
and water turbine; (iii) Any part of a stock-bar which projects beyond the head stock of a lathe; and
(iv) unless they are in such position or of such
construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely - (a) every part of an electric generator, a motor or rotary converter;
(b) Every part of transmission machinery; and
(c) Every dangerous part of any other machinery shall
be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position while the parts of machinery they are fencing are in motion or in use:
Provided that for the purpose of determining whether
any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when - (i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, as a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or
(ii) in the case of any part of a transmission
machinery used in such process as may be prescribed (being a process of a continuous nature the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.
(2) The State Government may by rules prescribe such
further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section.
22. WORK ON OR NEAR MACHINERY IN MOTION. - (1)
Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out - (a) in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso
aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged, - (a) such worker shall not handle a belt at a moving pulley unless - (i) the belt is not more than fifteen centimeters in width;
(ii) The pulley is normally for the purpose of drive and
not merely a fly-wheel or balance wheel (in which case a belt is not permissible);
(iii) The belt joint is either laced or flush with the belt; (iv) The belt, including the joint and the pulley rim, are in good repair;
(v) there is reasonable clearance between the pulley
and any fixed plant or structure;
(vi) secure foothold and, where necessary, secure
handhold, are provided for the operator; and
(vii) any ladder in use for carrying out any
examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person.
(b) without prejudice to any other provision of this
Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact.
(2) No woman or young person shall be allowed to
clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.
(3) The State Government may, by notification in the
official. Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion.
23. EMPLOYMENT OF YOUNG PERSONS ON
DANGEROUS MACHINES. - (1) No young person shall be required or allowed to work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and - (a) has received sufficient training in work at the machine, or
(b) is under adequate supervision by a person who
has a thorough knowledge and experience of the machine. (2) Sub-section (1) shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with
42. WASHING FACILITIES. - (1) In every factory - (a)
adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein;
(b) separate and adequately screened facilities shall
be provided for the use of male and female workers;
(c) such facilities shall be conveniently accessible and
shall be kept clean.
(2) The State Government may, in respect of any
factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.
43. FACILITIES FOR STORING AND DRYING
CLOTHING. - The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing. 44. FACILITIES FOR SITTING. - (1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.
(2) If, in the opinion of the Chief Inspector, the
workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working.
(3) The State Government may, by notification in the
Official Gazette, declare that the provisions of sub- section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process.
45. FIRST AID APPLIANCES. - (1) There shall in every
factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factory.
(2) Nothing except the prescribed contents shall be
kept in a first-aid box or cupboard.
(3) Each first-aid box or cupboard shall be kept in the
charge of a separate responsible person who holds a certificate in first-aid treatment recognized by State Government and who shall always be readily available during the working hours of the factory. (4) In every factory wherein more than five hundred workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.
46. CANTEENS. - (1) The State Government may make
rules requiring that in any specified factory wherein more than two hundred and, fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.
(2) Without prejudice to the generality of the
foregoing power, such rules may provide for - (a) the date by which such canteen shall be provided;
(b) the standards in respect of construction,
accommodation, furniture and other equipment of the canteen;
(c) the foodstuffs to be served therein and the
charges which may be made therefore;
(d) the constitution of a managing committee for the
canteen and representation of the workers in the management of the canteen;
(dd) the items of expenditure in the running of the
canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;
(e) the delegation to the Chief Inspector, subject to
such conditions as may be prescribed, of the power to make rules under clause (c). 47. SHELTERS, REST ROOMS AND LUNCH ROOMS. - (1) In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers : Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section : Provided further that where a lunch room exists no workers shall eat any food in the work room.
(2) The shelters or rest rooms or lunch rooms to be
provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.
(3) The State Government may - (a) prescribe the
standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section;
(b) by notification in the Official Gazette, exempt any
factory or class or description of factories from the requirements of this section.
48. CRECHES. - (1) In every factory wherein more
than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
(2) Such rooms shall provide adequate
accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. (3) The State Government may make rules - (a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided, under this section;
(b) requiring the provision in factories to which this
section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing;
(c) requiring the provision in any factory of free milk
or refreshment or both for such children;
(d) requiring that facilities shall be given in any
factory for the mothers of such children to feed them at the necessary intervals.
. WEEKLY HOURS. - No adult workers shall be required
or allowed to work in a factory for more than forty- eight hours in any week
52. WEEKLY HOLIDAYS. - (1) No adult worker shall be
required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless - (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said
day or the substituted day under clause (a), whichever is earlier, - (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory : Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be
cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-
section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
53. COMPENSATORY HOLIDAYS. - (1) Where, as a
result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner
in which the holidays for which provision is made in sub-section (1) shall be allowed
54. DAILY HOURS. - Subject to the provisions of
section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: Provided that, subject to the previous approval of the Chief inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts.
55. INTERVALS FOR REST. - (1) The periods of work of
adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of
the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.
57. NIGHT SHIFTS. - Where a worker in a factory
works on a shift which extends beyond midnight, - (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty- four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be
the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
PROHIBITION OF OVERLAPPING SHIFTS. - (1) Work
shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged, in work of the same kind at the same time.
(2) The State Government or subject to the control of
the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).
59. EXTRA WAGES FOR OVERTIME. - (1) Where a
worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
(2) For the purposes of sub-section (1), "ordinary rate
of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a
piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers:
Provided that in the case of a worker who has not
worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was done. Explanation : For the purposes of this sub-section, in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded.
(4) The cash equivalent of the advantage accruing
through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.
Explanation 1: Standard family means a family
consisting of the worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.
Explanation 2: Adult consumption unit means the
consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit.
(5) The State Government may make rules prescribing
- (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.
60. RESTRICTION ON DOUBLE EMPLOYMENT. - No
adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker
who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of - (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work
formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section -
(a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for
any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which
the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-
section shall be exclusive of all holidays whether occurring during or at either end of the period of leave. (2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year.
(3) If a worker is discharged or dismissed from
service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub- section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while
in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of
leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take
the whole of the leave allowed to him under sub- section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for
leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the
manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year:
Provided that the application shall be made not less
than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which
leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave
with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub- section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. (8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be
displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not
contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub- sections (8) and (9).
(11) If the employment of a worker who is entitled to
leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be
taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
80. WAGES DURING LEAVE PERIOD. - (1) For the
leave allowed to him under section 78 or section 79, as the case may be a worker shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles :
Provided that in the case of a worker who has not
worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains and other articles. (2) The cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.
Explanation 1: "Standard family" means a family
consisting of a worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.
Explanation 2: Adult consumption unit means the
consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit.
(3) The State Government may make rules prescribing
- (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and
(b) the registers that shall be maintained in a factory
for the purpose of securing compliance with the provisions of this section.
111. OBLIGATIONS OF WORKERS. - (1) No worker in a
factory - (a) shall willfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein;
(b) shall willfully and without reasonable cause do
anything likely to endanger himself or others; and (c) shall willfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.
(2) If any worker employed in a factory contravenes
any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
111A. RIGHT OF WORKERS, ETC. - Every worker shall
have the right to - (i) obtain from the occupier, information relating to workers' health and safety at work;
(ii) get trained within the factory wherever possible,
or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work;
(iii) represent to the Inspector directly or through his
representative in the matter of inadequate provision for protection of his health or safety in the factory.