FACTORIES ACT 1948!! Presentation by: Roll No.s- 27, 29, & 31-38 Historical Background • The labour movement is a by-product of the industrial revolution. In order to trace the history of factories act in India, we should go back to the last decade of the 19th century when- • Advent of electricity boosted industrialization • Factories were working day and night • Exploitation of labour was at its peak. • Women and children had to work from sunrise to sunset without break. Even children below the age of 7 years were in employment. • The conditions of labor were deteriorating day by day. Towards the formulation: • Miss Bristol brought to the notice of the secretary of state of India Lord Shaftsbury, who raised the voice in the parliament and thus the Indian Factories Act 1881 came on the statute book. The chronology: • • • • • • Indian factories Act 1881 Factories amendment act 1891 Enactment of new Factories Act 1911 Factories Amendment act 1922 Factories Act 1934 Factories Act 1948 Need for the change: • Experience of the working of act of 1934 revealed a number of defects and weaknesses which hampered effective administration. The provisions of safety health and welfare of workers were found to be inadequate ans unsatisfactory. Objectives of the Act • It is a comprehensive piece of legislation covering all aspects relating to factories, including: • Approval, licensing, registration, inspection • Health, Safety, welfare, working hours, Employment of young persons Etc. Provisions for Health • • • • • • • Cleanliness Disposal of waste and effluents Ventilation and temperature Dust and fumes Artificial humidification Overcrowding Lighting • Drinking water • Latrines and urinals • Spitoons Provisions for Welfare • • • • • • • • Washing facilities Facilities for storing and drying clothes Facilities for sitting First aid appliances Canteens Shelters, rest rooms and lunchrooms Creches Welfare officers • This act extends to the whole of india. • It shall come into force on the first day of april 1949. INTERPRETATION OF THE ACT • Case1: Ravi shankar sharma vs state of rajasthan (1993) • Case 2: Leela vs state of kerela (2004) What is a Factory: • Section 2 m. Special mention • Section 85 • Section 86 But does not include: • Mines • Mobile unit belonging to the armed forces of the union. • Railway running shed • Hotel, Restaurant, eating place. WORKER • ACCORDING TO FACTORIES ACT 1948, WHO IS A WORKER.? MANUFACTURING PROCESS • WHAT CONSTITUTES A MANUFACTURING PROCESS AS PER THE ACT? A PERSON WHO HAS COMPLETED 18 YEARS IS AN ……………………….. A PERSON WHO HAS COMPLETED HIS 15th YEAR OF AGE BUT NOT COMPLETED HIS 18th YEAR IS AN………………………………. A PERSON WHO HAS NOT COMPLETED HIS 15th YEAR OF AGE IS A …………………… • DEFINE HAZARDOUS PROCESS ACOORDING TO FACTORIES ACT 1948? • A PERIOD OF 24 HOURS BEGINNING AT MIDNIGHT IS CALLED……………….. • A PERIOD OF 7 DAYS BEGINNING AT MIDNIGHT ON SATURDAY NIGHT OR SUCH OTHER NIGHT AS MAYBE APPROVED IN WRITING FOR A PARTICULAR AREA BY THE CHIEF INSPECTOR OF FACTORIES IS CALLED A …………………… OCCUPIER • DEFINE AN OCCUPIER AS PER THE ACT SUPPORTING IT WITH RELEVANT CASE STUDIES? DUTIES OF AN OCCUPIER • LIST DOWN THE DUTIES OF THE OCCUPIER? INSPECTING STAFF • WHO IS AN INSPECTOR? • WHAT ARE THE POWERS OF AN INSPECTOR? CERTIFYING SURGEONS • WHO IS A CERTIFYING SURGEON AND WHAT ARE THE DUTIES OF A CERTIFYING SURGEON? SAFETY OFFICER • WHAT ARE THE CONDITIONS UNDER WHICH A SAFETY OFFICER NEEDS TO BE EMPLOYED IN A FACTORY? WELFARE OFFICER • WHO IS A WELFARE OFFICER? OFFENCES BY WORKERS • DISCUSS THE PROVISIONS IN CASE OF AN OFFENCE BY A WORKER? • DISCUSS PRESUMPTION AS TO EMPLOYMENT? ONUS AS TO AGE • DISCUSS ONUS AS TO AGE AND ONUS OF PROVING LIMITS OF WHAT IS PRACTICABLE? • What are the powers of the occupier if he owns two or more factories? • What are the powers bestowed upon the State Government in case of public emergency? • Discuss the safety provisions in the Factories Act 1948. Hazardous Processes • What are the provisions relating to hazardous processes? Working hours of adults • What will be the weekly hours for an adult worker in a factory? • What are the provisions for weekly holidays? • What are the daily hours to work for an adult worker? • What is the maximum time a worker can be made to work without rest? • What do you mean by spreadover? • What are night shifts? • Can shifts be overlapping? • If a person works overtime, is he entitled to any extra wages? • Is there any restriction on double employment? Employment of young persons • What are the provisions of employment of young children? • Who is required to carry a token in a factory? • What is a certificate of fitness? • What is the time period for which a certificate of fitness is granted or renewed? • What are the working hours for children? Annual leave with wages • Who is entitled to leave with wages? • What is included in the calculation of 240 days for annual leave with wages? • How will a fraction of a day’s leave be treated in calculation of leave? • Can leave be carried forward? • Is the employee required to give notice before taking leave? • Under what circumstance is a notice period not required? • Under what circumstances can a worker be denied leave? • Discuss the provisions of wages to be paid during leave period. • Under what conditions can wages for leave be paid in advance? • Discuss the application of this chapter.