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HomeOther LawsA short discussion on Factories Act 1948.

A short discussion on Factories Act 1948.

Applicability:-

The Factories Act 1948, is applicable to any factory in which more than 10 persons are working with the help of power & more than 20 without the help of power on any day during the preceding 12 months wherein the manufacturing process is being continued.

Factory act

Conditions for Applicability:-

Except for the above-discussed condition, the following preconditions should also exist.

  • There must be a factory carrying manufacturing activities.
  • There are more than 10/20 persons are working in the factory during the last 12 months.

Registration and Renewal of Factories:-

The power of registration is granted to the Chief Inspector of Factories on the submission of prescribed form and fees.

Safety Measures

Safety measures provided in the Factories Act, 1948, are considered to be minimum in terms of suitability. Such measures are required to be effectively implemented in the factory. In addition to applying safety measures given in the Factories Act, there is also a need for providing training in safety to workers, and installing safety equipment in the factories.

  • Fencing of Machinery
  • Work on or near Machinery in Motion
  • Employment of Young Persons on Dangerous Machines
  • Striking Gears and Devices for Power closure.
  • Self-acting Machine
  • The casing of New Machinery
  • Prevention of Employment of Women and Children near Cotton openers
  • Hoists and Lifts

Welfare Measures

  • Washing facilities.
  • Amenities for storing and drying of wet clothing.
  • Facilities for sitting.
  • First aid appliances – One first aid box for not less than one for every 150 workers
  • Canteens – When workers working in the factory are more than 250.
  • Shelters, restrooms and lunch rooms – When workers working in the factory are more than 150.
  • Crèches – When women workers exceeding 30 in the factory.
  • Welfare officers – When more than 500 workers in the factory.

Working hours, Spread over & Overtime of Adults:-

Weekly hours– Weekly hours should not more than 48 hours for an adult worker.

Daily hours- Weekly hours should not more than 9 hours for an Adult worker

Intervals for rest- Interval for rest at least 30 minutes on working of 5 hours.

Spread over- The periods of work of a worker, who is adult, in a factory shall be so settled that inclusive of his breaks for rest shall not spread over more than 10.5 hours in any day

Prohibition of overlapping shifts- Overlapping shifts in a factory are prohibited under Factories Act 1948.

Extra wages for overtime- Extra wages of overtime is double than the normal rate of wages.

Employment of Young Persons:-

Prohibition of employment of young children- No child is allowed to work in any factory unless he/she has not completed his 14 years of age.

Non-adult workers to carry tokens- A child who has completed his 14 years of age shall not be allowed to work in any factory unless a certificate of fitness granted to him.

Working hours for children- Not more than 4 ½ hours in any day and not permitted to work during the night shift.

Annual Leave with Wages:-

Every worker worked for a period of more than 240 days in a factory during a calendar year shall be allowed during the subsequent year leave with the wages for a number of days as follows-

  • For an Adult worker – One day for every 20 days.
  • For a child – A single day for working of 15 days.

Note: – Accumulation of leave for 30 days

Offenses and Penalties under the Factories Act, 1948.

Offence under factories act TaxClue
@icsi.edu

Resource:  ICSI CS Executive Module 2019

 
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TaxClue Teamhttp://taxclue.in
Taxclue is an online news portal for reporting all news, articles, judgments, Circulars, orders, and notifications relating to various corporate and tax laws in India. We use the tagline ‘Simplifying Laws’. Our mission is to Simplify the Laws and make people aware of their rights and duties in relation to tax matters in order to equip them to participate in nation-building.

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