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2. INTRODUCTION
In India the first Factories Act was passed in 1881.
This Act was basically designed to protect children and
to provide few measures for health and safety of the
workers. This law was applicable to only those
factories, which employed 100 or more workers. In
1891 another factories Act was passed which extended
to the factories employing 50 or more workers.
3. HIGHLIGHTS:
• The Factories Act, 1948 came into force on the 1st
day
of April,1949
•It extends to the whole of India. It was, in fact,
extended to Dadra & Nagar Haveli, Pondicherry in 1963,
to Goa in 1965 and to the State of Jammu & Kashmir in
1970.
• It was amended in 1949, 1950, 1954, 1956, 1976 and
1989.
4. DEFINITION OF A
FACTORY:-
“Factory” is defined in Section 2(m) of the Act. It means
any premises including the precincts thereof-
i. Whereon ten or more workers are working, or were working
on any day of the preceding twelve months, and in any part
of which a manufacturing process is being carried on with
the aid of power, or is ordinarily so carried on; or
ii. Whereon twenty or more workers are working, or were
working on any day of the preceding twelve months, and in
any part of which a manufacturing process is being carried
on without the aid of power, or is ordinarily so carried on;
5. The following have held to be a factory:-
i. Salt works
ii. A shed for ginning and pressing of cotton
iii. A Bidi making shed
iv. A Railway Workshop
v. Composing work for Letter Press Printing
vi. Saw Mills
vii. Place for preparation of foodstuff and other
eatables
6. OBJECTIVES OF ACT
To improve health, welfare and safety of the
workmen.
To secure health of the persons from hazardous
occupation/processes;
To ensure protection from hazardous equipment;
To ensure sound working environment;
To protect the environment;
7. HAZARDOUS PROCESSES
Hazardous Process means any process or activity
in relation to an industry categorized wherein
unless special care is taken, raw materials used
therein or the intermediate products, bye-
products, wastes or effluents would ;
- Causes of material impairment to the health of
the persons engaged in work
- Result in general pollution
9. Sec 41 A: Constitution of site appraisal committee
Sec 41 B: Compulsory disclosure of information by the
occupier
Sec 41 C: Specific responsibility of the occupier in relation to
hazardous process
Sec 41 D: Power of central government to appoint inquiry
committee
Sec 41 E: Emergency standards
Sec 41 F: Permissible limits of exposure of chemical and toxic
substances
Sec 41 G:Workers participation in safety management
Sec 41 H:Right of workers to warn about imminent danger
10. CONSTITUTION OFCONSTITUTION OF
SITE APPRAISAL COMMITTEESITE APPRAISAL COMMITTEE
• This has been set down to guide the Government to
consider for initial location of industries involving
hazardous process at a site.
• Composition is defined
• Modalities of dealing the issue is defined
• This committee consists of various authorities having
expertise, the said committee is required to visualize
pros and cons from establishing industries and is
required give its opinion within 90 days from the date of
receipt of the application
11. COMPULSORY DISCLOSURE OFCOMPULSORY DISCLOSURE OF
INFORMATION BY THE OCCUPIERINFORMATION BY THE OCCUPIER
Occupier should disclose
• Information of chemical substances, quantity
• Information regarding dangers
• Information regarding health hazards
• Measures to over come dangers and health hazard
to the workers, to the CIF&B and the local
Inspector.
12. SPECIFIC RESPONSIBILITIES OFSPECIFIC RESPONSIBILITIES OF
THE OCCUPIERTHE OCCUPIER
•Maintain accurate and up to date health records of
workers exposed to any harmful substances
manufactured
•Appoint persons qualified and experiences in handling
hazardous substances
•Provide medical examination of every worker
13. EMERGENCY STANDARDSEMERGENCY STANDARDS
• The Central Govt may direct the Director-General
of Factory Advice Service and Labour Institutes to
lay down emergency standards for enforcement of
suitable standards in respect of such hazardous
processes
•These Emergency standards shall be enforceable
14. WORKERS PARTICIPATION IN SAFETY MANAGEMENTWORKERS PARTICIPATION IN SAFETY MANAGEMENT
• Management has to set up a safety committee
comprising of representatives of both management
and workers to bridge cooperation in maintaining
proper safety and health at work.
• Composition of the committee is prescribed
and the tenure is also fixed.
15. WORKERS PARTICIPATION IN SAFETYWORKERS PARTICIPATION IN SAFETY
MANAGEMENTMANAGEMENT
Functions are defined
• Investigation in to the accidents and suggests
corrective measures to avoid reoccurrence of the
same
• Creating safety awareness amongst the workers
• Helping the management in achieving the aims
and objectives outlined in the safety policy.
16. RIGHT OF THE WORKERS TO WARN ABOUTRIGHT OF THE WORKERS TO WARN ABOUT
IMMINENT DANGERSIMMINENT DANGERS
• If the workers have reasonable apprehension that there is
likelihood of imminent danger to their lives or health due
to any accident, they may bring to the knowledge of the
occupier
• It is the duty of occupier and manager to initiate
immediate necessary action.
• If it is disputed, the matter is required to be referred to the
Inspector, whose decision is final in this matter.
• Any compromise on these provisions, the punishment
under the Act is very bitter and costly.
17. OFFENCE PENALTY
For contravention of the
provisions of Sec.41B, 41C
and 41H pertaining to
compulsory disclosure of
information by occupier,
specific responsibility of
occupier or right of workers
to work imminent danger.
Imprisonment upto 7
years with fine upto Rs.2,
00,000 and on continuation
fine @ Rs.5, 000 per day.
Imprisonment of 10 years
when contravention
continues for one year.
18. List of Industries involvingList of Industries involving
Hazardous ProcessesHazardous Processes
19. 1. Ferrous Metallurgical Industries
2. Non-ferrous Metallurgical Industries
3. Foundries (ferrous and non-ferrous)
4. Coal (including coke) industries
5. Power generating industries
6. Pulp and paper (including paper products) industries
7. Fertilizer industry
8. Cement industries
9. Petroleum industries
10. Petrochemical industries
11. Drugs and pharmaceutical industries
12. Fermentation Industries (Distilleries and Breweries)
13. Rubber (Synthetic) industries
14. Paints and pigment industries
15. Leather tanning industries
20. 16. Electro – plating industries
17. Chemical industries
18. Insecticides, fungicides, herbicides and other pesticides industries
19. Synthetic resin and plastics
20. Man-made fibre (cellulosic and non-cellulosic) industry
21. Manufacture and repair of electrical accumulators
22. Glass and ceramics
23. Grinding or glazing of metals
24. Manufacture, handling and processing of asbestos and its products
25. Extraction of oils and fats from vegetable and animal source
26. Manufacture, handling and use of benzene and substances containing benzene
27. Manufacturing processes and operations involving carbon disulphide
28. Dyes and dyestuff including their intermediates
29. Highly flammable liquids and gases