Objectives
It is an Act to regulate and protect the working conditions and conditions of work of factory workers with a view to provide them just and humane conditions of work ensuring their safety, health and welfare.
Scope and Coverage
The Act extends to the whole of India. It is applicable to all factories including government factories using power arid eillploying ten or more workers and without power twenty or more workers on any day of the preceding twelve months. It covers all h e workers whether employed directly or through any agency including a contractor, with or without the knowledge of the principal einployer. whether for remuneration or not, in any manufacturing process or cleaning of machinery or premises used for the manufacturing process, or in any other kind of work incidental to or conliected with the lnanufacturing process. It does riot include any work in restaurant, eating place, or a mobile unit belonging to armed forces, mines under the Mines Act, film exhibiting ground, electroiiic data processing unit or a computer unit installed in a premises or part thereof if no manufacturing process is carried out.
Administration
The state government is the chief administrative authority to ensure enforcement ot the Act through its inspectorate. The inspectorate is headed by Cli~ef Inspector who is assisted by Additional Chiel Inspectors and Joint Chief Inspcctors. Deputy Chief Inspectors, Inspectors and other Officers as appointed by the .\tale government.However, the state government receives tllo direction of the ceiitral government for executing various provisions of the Act from time to time.
Main Provisions of the Act
Company Approval, Licensing and Registration of Factories.Every employer has to obtain previous permission from tlie state government for site on which a factory is to be situated and for tlie construction and extension of the same. He also has to get his factory registered and obtain license for operating it, by paying prescribed license fee and renewal fee and supplyiiig sucli information as may be required by the government.
Notice of Occupier
It is an Act to regulate and protect the working conditions and conditions of work of factory workers with a view to provide them just and humane conditions of work ensuring their safety, health and welfare.
Scope and Coverage
The Act extends to the whole of India. It is applicable to all factories including government factories using power arid eillploying ten or more workers and without power twenty or more workers on any day of the preceding twelve months. It covers all h e workers whether employed directly or through any agency including a contractor, with or without the knowledge of the principal einployer. whether for remuneration or not, in any manufacturing process or cleaning of machinery or premises used for the manufacturing process, or in any other kind of work incidental to or conliected with the lnanufacturing process. It does riot include any work in restaurant, eating place, or a mobile unit belonging to armed forces, mines under the Mines Act, film exhibiting ground, electroiiic data processing unit or a computer unit installed in a premises or part thereof if no manufacturing process is carried out.
Administration
The state government is the chief administrative authority to ensure enforcement ot the Act through its inspectorate. The inspectorate is headed by Cli~ef Inspector who is assisted by Additional Chiel Inspectors and Joint Chief Inspcctors. Deputy Chief Inspectors, Inspectors and other Officers as appointed by the .\tale government.However, the state government receives tllo direction of the ceiitral government for executing various provisions of the Act from time to time.
Main Provisions of the Act
Company Approval, Licensing and Registration of Factories.Every employer has to obtain previous permission from tlie state government for site on which a factory is to be situated and for tlie construction and extension of the same. He also has to get his factory registered and obtain license for operating it, by paying prescribed license fee and renewal fee and supplyiiig sucli information as may be required by the government.
Notice of Occupier
The occupier has to-send to the Chief Inspector a written notice at least 15 days before he begins to use ally premises as a factory. He should also furnish details such as name, situation of the. factory, l i m e & address of tlie owner, occupier and manager of the factory, nature and type of manufacturii~g process to be carried out.The details of number of workers to be employed, rated liorse power installed or to be installed including that of any stand by plant and m y other particulars as may be required by the government is also required to be furnished. All factories in which manufacturii~g process is carried out for less than 180 working days in a calendar year, such nolice is reyuired to be send to the Inspector at least 30 days before the occupation aiid use of premises or resuming work.
Health Measures
Employers should keep tlie factory clean and free fro111 any drain or privy by making necessary ;urangements and provide adequate ventilation including supply of fresh air and comfortable temperature at the place of work. To prevent inhalation and accumulation of dust and fumes injurious to workers and provide exhaust fans where necessary and control artificial humidification ,and use purified water for the same. Workers are to be provided with adequately ligiited and ventilatedlatrines and urinals separately for males and females. Spittoons are to be provided in adequate number and should he placedat conspicuous places.Labour Legislation
Safety Measures
It is obligatory to undertake the following safety measures :
(a) ensure that the maximum pernlissible threshold limits of exposure of chemical and toxic substances mentioned in schedule I1 of the Act are not to be exceeded;
(b) ensure workers participation in safety management and formation of safety committee:
(c) in case workers warn about imminent danger, take immediate action and send a report to the Inspector;
(d) not to employ workmen or children in room where cotton opener is in use. unless prescribed precautions are taken;
(e) not to employ women or children in the dangerous operation as prescribed and fencing of all dangerous and moving parts of machinery wliile it is in motion or in use;
(f) maintain medical record of the workers exposed to hazardous process;
(g) appoint a competent person to supervise handling of hazardous substance within the factory and lay down measures for the handling, usage,transportation and storage of hazardous substances outside the factory arid publicise them among the workers and the general public in the v~cinity:
(h) provide necessary facilities for protection of the workers by providing coloured glasses to welders, rubber shoe and rubber gloves to electrician.tight cloths to workers working near moving parts and apron to workers engaged in h'azardous operation;
(i) provide lifts and hoists and not to allow any worker to lift excessive weight manually which is likely to cause an injury;
(j)provide adequate pumber of fire extinguisher and fire safety alarm; anld
(k) appoint a qualified person as Safetjl Officer if more than 1000 workers are employed.
Welfare Measures
Every factory has to provide and maintain adequate and suitable facilities for washing, storing and drying clothing and sitting arrangements for workers working in a standing position, maintain at least one first aid box for every 150 workers, provide canteen where 250 or more workers are employed, to provide creches if there are 30 or more women workers are e~liployed and sufficiently lighted and ventilated rest a i d lunch rooms if there are 150 or more workers. All factories employing 500 or more workers have to maintain an ambulance room. There should be adequate number of Welfare Officers ~f there are more than 500 workers. Working Hours, Kest Break, Holidays etc.
It is obligatory to undertake the following measures
(a) N o adult worker is to be allowed to work in a factory for more than 48 hours in a week. Daily hours of work not to exceed 9 hours. The total hours of work in a factory are not to be spread over more than 1 d hours in a day inclusive of the interval of rest. Minimuni half an hour rest break to be given between 4th and 5th hour of work.
(b) After every six days working, one paid weekly off is to be given wliicl~ will normally fall on Sunday.
(c) Payment at double the rate of ordinary wages is to be made if the working hours in a week exceeds 48 hours. The overtime should not exceed 50 hours in a quarter.
Annual Leave with Wages
Every worker who works for 240 days in a calendar year, is allowed an annual leave with wages at the rate of one day for every 20 days of work performed in case of an adult and one day for every 15 days of work performed in the case o S a child. Annual leaves can be carried forwarded upto 30 days in the case of a11 adult and 40 days in the case of a child.
Obligations of the Employer
The main obligations of the employer are as under :
(a) to obtain the apptoval of the appropriate govemnlent for the ltxation, site plan and construction of the factory and also the license for operating the factory;
(b) to implement all the provisions of the Act, and undertake the health, safety and welfare measures as prescribed under the Act:
(c) to send written notice to the Chief Inspector at least 15 clays before occupying or using the premises as a factory along with the required information;
(d) to provide all benefits and facilities to the workers such as annual leave, weekly holidays, double wages for overtime, washing facility, first aid, canteens, creches, rest and lunch rooms as prescribed under the act;
(e) to display abstract of the Act, notices, maintain registers ancl records as required under the Act and subnlit to the government returns required for the proper enforcement of the Act; and to report fatal and other accidents and occupational disease if contracted by any worker to the specified authority as may be prescribed under the Act.
Rights of the Employees
(f)Following are the important rights of the employees :
(a) to claim health and safety measures, welfare facilities, 'annual leave. observance of working hours as prescribed under the Act;
(b) to refuse to work in contravention of any provisions of the Act and observe statutory working hours, rest intervals, weekly holidays and overtime restrictions;
(c) to claim the overtime payment at double the ordinary rates cif wages;
(d) to claim wages for the proportionate annual leave even before he puts in qualifying service if he is discharged or disnlissed; ancl
(e) to represent to the Inspector in the matter of inadequate provisions or protection of their health and safety in the factory.
Offences and Penalties
If the occupier andlor the manager of the factory contravenes any of the provisions of the Act or rules made thereunder, they rnay be imprisoned which may extend to seven years or seven years with fine which may extend to Rs. 2,00,000 or both. If the contravention continues after conviction, a further fine which may extend to Rs. 5,000 per day of contravention, In case of offence being conducted for the second time by the above person(s), they may be convicted with imprisonment with a term which can extend to 10 years.
No comments:
Post a Comment