Factories Act 1948 Objectives To know the objectives

Factories Act, 1948

Objectives To know the objectives, scope and coverage of the Act • To take note of the provisions relating to health, safety and welfare • To understand the provisions relating to working hours, holidays and leave • To develop an understanding about the special provisions for women and young persons • To appreciate the administrative and enforcement machinery.

Structure Historical Development of Factory Legislation • Object of the Act • Scope and Applicability of the Act • Definitions • Approval, Licencing and Registration of Factories

• The Inspecting Staff • Certifying Surgeons • Health • Safety • Provisions Relating to Hazardous Processes. • Welfare of Workers • Working Hours of Adult Workers • Employment of Young Persons • Annual Leave with Wages • Other Features

HISTORICAL DEVELOPMENT OF FACTORY LEGISLATION • Cotton Mills in 1851, and a Jute Mill in Bengal in 1855, ushered in modern factory system in India. • Women , children employed. long hours of workers used to have their way. • Indian Factories Act 1881: protection to employees& children. • The Factory Commission, 1890 recommendations of the Commission an Act was passed in 1891, Factory defined as fifty persons or more were employed. • Amended in The Act of 1911 & 1922

• Convention of 1919 on Hours of Work: amendment in 1923/26 • The Act was revised/ redrafted in 1934 on recommendations by the Royal Commission on Labour, 1929. • Act, 1934, Provincial Government empowered to establishments using power employing more than ten, reduced hours of work, improve the working condition ; inspection and enforcement of the Act. • Amended several times before new Act of 1948 was passed.

Act, 1948 • Factories Act, 1934 revised 1948: scope extended to welfare, health, cleanliness, overtime safe and healthy working conditions in the factories, bodily strain and without fear and danger of accidents. • • Amended periodically up to 1976. Chemical factories , hazardous and toxic chemicals led to safety and health problems, Bhopal • • In 1987, Factories (Amendment) Act, 1987 was passed, a memorial to the victims of Bhopal. provides better safeguards in the use and handling of hazardous substance , management for greater safety measures

Act, 1987 • Portable electric light in the factories), • Safety officers : 1000 or more workers , risk of bodily injury, poisoning , disease, health hazard • investigations of all fatal accidents within a month • Safety and occupational health surveys. Chief Inspector / Director General of Factory Advice Service / Labour Institutes / DGHS • Protection for contract labour &other category of labour • Creche facility: more than 30 women workers (instead of 50) • Discharge /dismissal/superannuation/death in service; wages in lieu of the quantum of leave due. • Penalty: Rates modified & revised.

OBJECT OF THE ACT To protect human beings from being subject to unduly long hours of bodily strain or manual labour. It also seeks to provide that employees should work in healthy and sanitary conditions so far as the manufacturing process will allow and that precautions should be taken for their safety and for the prevention of accidents.

SCOPE AND APPLICABILITY • Extends to whole of India. • Applies to all factories including factories belonging to Central or any State Government unless excluded. • The benefits available to persons who are employed in the factory and be covered within the meaning of the term "worker“. • "factory" "manufacturing process”

DEFINITIONS: Factory Section 2: • any premises – • i) where on 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. • ii) where on, 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. Specifically excludes Mines

Manufacturing Process Sec 2(k) i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; or ii) pumping oil, water, sewage, or any other substance; or iii) generating, transforming or transmitting power; or iv) composing types for printing, printing by letter press, lithography, or other similar process or book binding; or v) constructing, refitting, finishing or breaking up ships or vessels; or vi) preserving or storing any article in cold storage.

Worker: Sec 2(1) A person employed, directly or through any agency (including a contractor) with or without knowledge of principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the Union

Worker: Interpretation i) who is employed; ii) who is employed either directly or through any agency; iii) who is employed in any manufacturing process, or in clearing any part of the machinery or premises used for a manufacturing process or in any other kind of work incidental to, or connected with the manufacturing process or the subject of the manufacturing process. If the aforesaid conditions are satisfied, then it is immaterial whether a person was employed for remuneration or not.

General Duties of the Occupier Section 7 A has been inserted by the Factories (Amendment) Act 1. Plant maintenance that is safe and without risk to health of workers. 2. Safeguard health and safety with the use, handling, storage and transport of articles and substance. 3. Provide information, instruction, training and supervision to ensure health and safety of all workers. 4. Monitoring of work environment. To prepare written statements of policy with respect to the health and safety of workers and to give notice to the workers as per rules. General duties of manufacturers etc. as regards articles and substances for use

Approval, Licencing & Registration of Factories • Responsibility for getting the premises approved lies on the occupier. • State Government to frame rules (Sec-6) • Can declare departments‘/branches of a factory as separate factories, if requested by the occupier. Sec 4 • But there is no provision to enable two or more factories of the same occupier being declared as a single factory. • Can exempt any factory or class from provisions of the Act (except section 67) for a specified period in case of public emergency, which means grave emergency for 3 months at a time.

To be got approved and registered after obtaining a licence by the occupier • Occupier for submission of plans to the Chief Inspector & obtain previous permission with regard to site for constructed/ extension, in • minimum clear space for safe working around plant machinery • adversely affects the environmental conditions from the evolution or emission of steam, heat or dust or fames injurious to health. • Occupier to submit full building plans along with specifications • The registration, obtaining of licence or renewal of licence, is to be done by the occupier in accordance with the rule by paying the prescribed fees.

• The permission be given within 3 months or presumed. • If refused, appeal to the State or Central Government • No license or renewal of license shall be granted unless the occupier gives at least 15 days notice in writing to the Chief Inspector of factories before he proposes to occupy or use any premises as factory. • Such notice shall state following particulars of factory, – i) the name and situation of the factory; – ii) the name and address of the occupier; – iii) the name and address of the owner of the premises or building

the nature of manufacturing process; v) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate standby plant; vi) The name of manager of the factory for the purpose of this Act; vii) The number of workers likely to be employed in the factory ; viii) the average number of workers per day employed during the last twelve months, in case of a factory, is in existence on the date of the commencement of this Act; ix) such other particulars as may be prescribed under the rules. [Section 7 (1)] • For manufacturing: 30 days notice [Section 7 (2)].

The occupier to give notice to the Chief Inspector with above particulars for already existing factories within 30 days [Sec 7 (2)]. • For factories engaged in manufacturing process for less than 180 working days a year resumes working, the occupier to send full particulars within 30 days of such resumption of work [Sec 7 (3)]. • To intimate change in appointment of manager within 7 days [Sect 7 (4)]. • During the time no manager functions in the factory, the occupier is deemed as manager. • Non compliance: an offence, occupier can be punished. Sec 6 & 7

THE INSPECTING STAFF i) Appointment • State Government to appoint Inspectors by notification. • Six types. (i) Chief Inspector (ii) Additional Chief Inspectors, (iii) Joint Chief Inspectors (iv) Deputy Chief inspectors (v) Inspectors and Additional Inspectors. • In addition to the powers of a Chief Inspector all above can exercise the powers of an Inspector throughout the State. • No person to become directly or indirectly interested in a factory • Every district Magistrate shall be an Inspector for his district. • State Government to appoint-public officers as additional Inspectors

Inspectors…. ii) Status • Every inspector be deemed public servant under IPC, officially subordinate to specified authority. • iii) Power of Inspectors (Sec 9) • enter any premises with assistants, local public authority, expert ; • make examination of the premises, plant, machinery, article or substance; • inquire into any accident, dangerous occurrence, whether resulting in bodily injury, disability or not, and take statements of any person • Require production of any prescribed register/other document seize, or take copies of an register, record or other document.

Inspectors…. • Direct occupier that premises be left undisturbed for examination • take measurements and photographs /recordings for examination under clause (b), with instrument or equipment; • Direct dismantlement or subject to process/ test 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, to damage or destroy it and take possession of any such article or substance and detain it for such examination; • exercise such other power as may be prescribed.

Duties of the Inspectors The Inspectors are required: i) to carry out duties laid down: Sec 9 (b)& (c); ii) to ensure that statutory provisions and rules framed are carried out properly; and iii) to launch prosecutions against factoryowners under Chapter X of the Act.

HEALTH MEASURES(SEC-11 TO 20) i) Cleanliness • Dust, fumes and refuse be removed daily; floors, stair-cases and passages be cleaned regularly by sweeping; washing of interior walls and roofs at least once in 14 months ; washable water paint, repainted every three years and for oil paint at least once in five years. All doors and window frames and other wooden or metallic framework and shutters be kept painted or varnished at least once in five years. Sec 11 ii) Disposal of Wastes and Effluents (SEC-12) Owner to make effective arrangements for the treatment of wastes and effluents to render them innocuous and for their disposal. iii) Ventilation and Temperature (SEC-13) The occupier to make adequate ventilation of fresh air and to maintain such temperature as will secure to workers reasonable conditions of comfort and prevent injury to health.

HEALTH… iv) Dust and Fume To keep the workrooms free from dust and fume, prevent its inhalation and accumulation in any work-room. If any exhaust appliance is necessary for the above purposes, 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 as far as possible. Sec 14(1) v) Artificial Humidification Section 15 (1) lays down that in respect off all factories in which the humidity of the air is artificially increased the State Government may make rules- – prescribing standard of humidification; – regulating the methods used for artificially increasing the humidity of the air; – directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; – prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workroom.

HEALTH… Overcrowding • No room be to be injurious. Each worker to have minimum 9. 9 cubic meters which was there on the commencement of this Act, 1948 or 4. 2 cubic meters after such commencement (Section 16). No account shall however be taken of any space which is more than 4. 2 meters above the level of the floor of the room for the aforesaid purpose, (a) (b) (c) (d) Law on Working vii) Lighting • Section 17 (1) provides that in every part of the factory, where workers are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural, artificial or both.

HEALTH. . viii) Drinking Water • To provide and maintain at suitable conveniently situated a sufficient supply of wholesome drinking water. Sec 18 • ix) Conservancy Arrangements • provided and' maintained, separate arrangement for toilets for male and female workers at convenient places; adequately lighted, ventilated and maintained in a clean sanitary condition. Sec 19 • x) Spittoons • Sufficient spittoons in convenient places in a clean and hygienic condition. Sec 20

SAFETY MEASURES i) Fencing of Machinery sec 21(1) The following must be securely fenced by safe guards of substantial construction while the machinery are in motion or use : – i) every moving part of a prime mover and fly wheel connected to prime mover, – ii) the headrace and tailrace of every water-wheel and water turbine; – iii) any part of stock-bar which projects beyond the head stock of a lathe; and – iv) unless they were securely fenced, the following, namely, • every part of electric generator, a motor or rotary converter; • every part of transmission machinery; and • every dangerous part of any other machinery; • shall be securely fenced by safeguards of substantial construction which shall be consistently maintained and kept in position while the parts of machinery they are fencing are in motion or in use.

Work on or Near Machinery in Motion • Examine machinery and to carry out: Sec 22(1) – lubrication or other adjusting operation; or – any mounting or shipping of belts or lubrication. • By specially trained Adult male worker wearing tight-fitting clothing 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; – iii) the belt joint is either laced or flush with the belt; – iv) the belt, the joint and the pulley rim, are in good repair; – v) reasonable clearance between the pulley & fixed plant – vi) secure foothold & handhold, provided for the operator; – vii) any ladder securely fixed/ lashed/ firmly held b) Every set screw, bolt and key on any revolving shaft, spindle, wheel, pinion, gearing in motion securely fenced.

iii) Employment of Young Person on Dangerous Machine Prohibits employment of young person on dangerous machine unless fully instructed on dangers /precautions and (i) received sufficient training in work at the machine, or (ii) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. Sec 23 Other safety provisions iv) Striking Gear and Devices for Cutting off Power v) Self-acting Machines Section 25 vi) Casing of New Machinery Section 26 punishable with imprisonment for a term which may-extend to three months or with fine which may extend to Rs 500 or with both. vii) Prohibition of Employment of Women and Children near Cotton Openers (Section 27). viii) Roust and Lifts Section 28: hoists and lifts must be of good mechanical construction, sound material and adequate strength. not 'only be properly maintained but also thoroughly examined at least twice a year by competent persons. ix) Revolving Machinery Sec 30

xi) Pits, Sump and Opening in Floors xii) Precautions Against Dangerous Fumes, and Gases entry in any chamber, tank, vat, pipe, flue, or other confined space in any factory in which any gas, fume, vapor or dust is likely to be present, until all practicable measures have been xiii) Precaution Against Using Portable Electric Light. Prohibits on use of portable electric light or any other electric appliance of voltage exceeding 24 volts xiv) Explosive or Inflammable Materials These measures include : (i) effective enclosures of the plant or machinery used in the process; (ii) removal or prevention of the accumulation of such dust, gas or vapor; (iii) exclusion or effective enclosure of all possible sources of ignition. [Section 37 (i)].

Precaution in Case of Fire xvi) Safety of Building and Machinery xvii) Maintenance of Buildings xviii) Safety Officers In order to prevent accidents, the Act provides for the appointment of Safety Officers in factories employing 1, 000 or more workers or where any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory. (Section 40 -B).

PROVISIONS RELATING TO HAZARDOUS PROCESSES • Section 2 (cb) of the Factories (Amendment) Act, 1987 defines the term "hazardous process" as – any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, byeproducts, wastes or effluents thereof would : i) cause material impairment to the health of the persons engaged, ii) result in the pollution of the general environment Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry.

Initial location involving hazardous process or expansion a Site Appraisal committee consisting of- Law on Working 22 Conditions (a) (b) (c) (d) (e) (f) (g) (h) 1). 2). 3). 4). 5). – the Chief Inspector of the State who shall be its Chairman, – a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974; – a representative of the Central Board for the Prevention and Control of Air Pollution referred to in Section 3 of the Air (Prevention and control of Pollution) Act, 1981; – a representative of the State Board appointed under Section 4 of the Water (Prevention and Control of Pollution) Act, 1974; – a representative of the Central Board for the Prevention and control of Air Pollution referred to in Section 5 of the Air (Prevention and Control of Pollution) Act, 1981; – a representative of the Department of Environment in the State; – a representative of the Meteorological Department of the Government of India;

i) a scientist having specialized knowledge of the hazardous process which will be involved an expert in the field of occupational health; and – a representative of Town Planning Department of the State Government ii) a representative of the local authority within whose jurisdiction iii) not more than three other persons by the State Government. – Site Appraisal Committee shall examine application for establishment – factory owned or controlled by the Central Government: State Government co-opt in Site Appraisal Committee a central govt representative – The State Appraisal committee shall have power to call for any information involving a hazardous process. – Where the State Government has granted approval involving a hazardous process, further approval from the Central Board not necessaryvention and Pollution) Act, 1981.

COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER The occupier to disclose dangers, health hazards and the measures to overcome them arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes to : (i) Workers employed in the factory (ii) the Chief Inspector, (iii) the local authority within whose jurisdiction the factory is situated and (iv) general public in the vicinity. • While registering the factory involving a hazardous process, the occupier shall lay down a detailed policy with respect to the health and safety of the workers-and intimate such policy to the Chief Inspector • Such information, shall include accurate quantity, specifications and other characteristics of wastes and manner of their disposal (Sub-section 3).

• Every occupier to draw up an on site emergency plan and detailed disaster control measures • for his factory and make known to the workers employed therein and to the general, 4 public living in the vicinity of the factory the safety measures required to be taken the event of an accident taking place. [Sub-section 4] • to inform the Chief Inspector of the nature and details of the process • On contravention of provisions of sub-section (5), the licence issued be cancelled and the occupier liable to penalty (Sub-section 6). • 7). The occupier of the factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage &disposal of hazardous substances and publicize them in the prescribed manner among the workers and the general public living in the vicinity (Subsection 7).

Occupier’s Specific responsibility in relation to hazardous process : Under section 41 -C every occupier of a factory involving any hazardous process is required (a) maintain accurate and up-to-date health records or, the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stroed, handled or transported and such records shall be accessible to the workers subject to prescribed conditions; and (b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the prescribed manner (c) provide for medical examination of every worker- (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and (ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in prescribed manner.

Powers of Central Government to appoint Inquiry Committee: – 1). The Central government may, in a factory engaged in hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety to finding out the causes of any failure of neglect in the adoption of any measures or standards prescribed affecting general public – 2). The Committee appointed under sub-section (1) shall consist of a Chairman and two other members and the terms reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government according to the requirements of the situation. – 3). The recommendation of the Committee shall be advisory in nature

Emergency Standards: 1). Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or inadequate, it may direct the Director-General of Factory Advice Service and Labor Institutes or any institution specialized in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. 2). The emergency standards laid down under subsection (1) shall be enforceable

Worker's participation is safety management: 1). The occupier shall, in every factory, where a hazardous process takes place, or where hazardous substance are used or handled, set up a Safety Committee consisting of equal number or representative of workers and management to promote cooperation between the workers and management in maintaining proper safety and health at work and to review periodically the measure taken in that behalf : – State Government may, exempt the occupier of any factory or class of factories from setting up such Committee. – 2). The composition of the Safety Committee, the tenure or office of its members and their rights and duties shall be such as may be prescribed.

Welfare of Workers i) Washing and Sitting Facilities In every factory adequate and suitable separate facilities for washing conveniently situated should be provided and maintained for the use of both male and female workers. The above facilities provided for the use of female workers, should be adequately screened in order to provide privacy to female workers. The State Government is also empowered to prescribe in respect of any factory 'the standards and suitable facilities for washing by framing rules (Section 42) • ii) The Facilities of First Aid Appliances and Ambulance Room • The occupier of factory is required to provide the facility of first aid boxes to be made use of by the workers in an emergency The first aid boxes or cupboards should be readily accessible and equipped with prescribed contents. The number of boxes and cupboards The Factories Act, 1948 should not be less than one for every 150 workers ordinarily employed at any time in a factory Each first aid box or cupboard should be kept in the charge of a separate responsible person who holds a certificate in first aid treatment recognised by the State Government and readily available to workers during the working hours of the factory. • In every factory where more than. 500 workers are ordinarily employed there should be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of qualified medical and nursing staff as prescribed and the above facilities should be made available during the working hours of the factories.

iii) Canteen, Rest Room and Lunch Rooms Facilities Iv) Creches Facility: More than thirty women workersadequate size, well lighted and ventilated, maintained in clean and sanitary condition for children below 6 years. v) The Appointment of Welfare Officers • The main duty to look after the welfare of the workers Where more than 500 workers- to appoint fully qualified welfare officers.

Working hours of Adult Workers i) Weekly and Daily Working Hours No adult worker to work for more than 48 hours in a week. (Sec-51) No adult worker to work in a factory for more than 9 hours in a day. But with the previous approval of the Chief Inspector the daily maximum hours may be exceeded in order to facilitate and adjust the change of shifts. (Sec 54)The above restriction is applicable to `workers' only ii) Weekly and Substituted Holidays -An adult worker shall not be allowed to work on the first day of the week, i. e. Sunday. But if it becomes necessary to make Sunday a working day, a substituted holiday is made compulsory. Sec 52

iii) Compensatory Holidays Deprived weekly holiday: compensatory holidays of equal number within the month in which the holidays due to him or within a month following iv) Intervals for Rest, Spread Over, Night Shifts and Double Employment Rest during working hours of at least half an hour. This interval be placed to break the for a maximum of 5 hours at a stretch extendable to six hours by the permission of the State Government v) Extra Wages for Overtime Work in excess of the maximum hours of work to be paid extra wages at twice the ordinary rate of wages. Ordinary rate of wages for this purpose shall be the basic wages plus such allowances including the cash equivalent or the advantage accruing through the concessional sale of food grains. Further, where any worker is employed on a piece rate basis the time rate wages be deemed to be equivalent to daily average wages for the piece rated worker.

vi) Notice of Periods of Work for Adult Workers A notice - an abstract of Act , Inspector & Certifying Surgeon be displayed indicating periods of work in English /language understood by the majority of workers. The intention: No contravention of Section 51, 52, 54, 55, 56 and 58. vii) Restrictions but no exemption from sec. 54 on daily hours of work be granted to woman. No woman to work except between 6 a. m and 7 p. m; state Govt. vary limits but absolute prohibition between 10 p. m and 5 a. m, Sec 66 viii) Power to Make Exempting Rules and Orders State Government empowered to exempt restrictions with regard to working hours of adults.

Employment of Young Person i) Prohibition of Employment of Children and Adolescents –Sec 67 Total prohibition in employing children below 14 years. adolescent: above 15 years below 18 years cannot be employed unless (i) certificates of fitness granted by the Certifying Surgeon and (ii) carries with him while at work a token giving a reference to such certificate issued to him. (Sec 68) i) Effect of Certificate of Fitness Granted to Adolescent An adolescent with certificate of fitness treated as adult for working hours and annual leave with wages. If certificate not granted- to be treated as child irrespective of age. Not seventeen but obtained a certificate of fitness can work between 6 a. m. and 7 p. m. only. State Government may exempt but – i) No such female adolescent work between 10 p. m. and 5 a. m. ; – ii) grant exempt serious emergency where national interest is involved.

Working Hours for Children For children above age of 14: can be employed for maximum 4 -1/2 hours a day. the period of work is to be limited to shifts only – the shifts are not to overlap; – the spread-over is not to exceed 5 hours; – the child is to be employed only in one relay; – the spread-over is not to change except once in 30 days; there should be no double employment; – no exemption from the provisions of Section 52 dealing with weekly holidays; and – employment during night, i. e. , between 10 p. m, and 6 a. m. is prohibited.

HOLIDAYS AND LEAVE The Factories Act provides for the following holidays, viz. , Weekly holidays, Compensatory holidays and Annual leave with wages according to certain rules. The provisions are explained below. Weekly Holidays. Section 52 provides that an adult worker shall have a holiday on the first day of the week. But the manager of the factory may fix the holiday on any other day which is with three days before or after the first day of the week in case of such substitution; notice must be given to the Inspector of Factories an displayed in the factory. No substitution can be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. The State Government may make rules providing for exemption from the above section in certain cases, e. g. , for urgent repairs

Annual leave with Wages • Basis of calculation: previous calendar year • Qualifying Period • The minimum number of days which entitles a worker to earn leave is 240 during calendar year & includes – i) the days of lay off which may be as a result of contract or agreement or as permissible under Standing Orders; – ii) the leave earned in the year prior to that in which leave is applied for; and – iii) in the case of female worker, maternity leave for any number of days not exceeding 12 weeks. • If above computation comes to 240, entitled to leave with wages in subsequent calendar year , Rate of Leave : adult- one for every twenty days ; i) child- one day for fifteen ii) Unavailed Leave • Remaining portion carried over maximum 30 days for adults & 40 days in the case of child. • Leave with wages not granted earlier be carried forward

Annual leave with Wages v) Wages During Leave Period The wages admissible to a worker during leave availed of by him under Section 78 or 79 are to be calculated in accordance with Section 80 of the Act. vi) Advance Payment of Leave Wages An adult worker who has been allowed leave for not less than 4 days and a child who has been allowed leave for not less than 5 days can claim payment in advance of leave wages admissible to him. (Section 81. )

vii) Mode of Recovery of Unpaid Wages Any sum required to be paid by an employer under the above provisions but not paid by him to the worker concerned, can be recovered by the worker under the provisions of Payment of Wages Act, 1936. (Section 82. ) Therefore, where wages are due to a worker for annual leave and the employer makes a default in making payment, they can be recovered under the provisions of the above Act. viii) Powers of the State Government The State Government is empowered to make rules directing the managers of factories to keep registers containing such particulars as may be prescribed by it and such registers to be made available to Inspectors for examination, (Section 83. )

Other Features • State Govt to declare that all or any of the provisions of the Act shall apply to any place wherein a manufacturing process is ordinarily carried on with less then 10 persons or less than 20 person as the case may be, with or without using power. . Sec 85 • Empowers an inspector to prohibit employment causing serious hazard injury or death to employed/ general public in the vicinity Sec 87. • Chief inspector of factories or the Director General Factory Advisory Services and Labour Institutes or any other authorised officer to undertake safety and occupational health surveys. Where medical examination required, such worker shall present himself for the purpose. Time spent deemed as work. Sec 91

Penalties and Procedures. Sections 92 to 1. 06 lay down the rules regarding penalties for offences against the Act. Owner: The owner of any premises, let out for use as different factories, is responsible for the provision and maintenance of common facilities and 'Services, e. g. , approach roads, drainage, water supply, latrines etc. Occupier: In most cases the occupier of the factory is responsible for offences committed against the Act. But the occupier is exempted from liability if he can show that he has used due diligence to enforce the execution of the Act and that some other person committed the offence without his knowledge, consent or connivance. Penalties: The penalties for some of the offences are mentioned below

Offences • Obstructing Inspector • Contravention of any duty or liability by a worker • Using false certificate of fitness • Permitting double em -ployment of child • Cases not otherwise provided for. . • Second offence for above Imprisonment Fine/Day Up to 3 months and/or Up to Rs 500/ nil Up to 1 month. nil Up to 3 months 6 months. Rs 20/Rs 50/- Rs. 2000 Rs. 5000

Where contravention of any of the provisions of Chapter IV or any rule made there under or under Section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than one thousand rupees in the case of an accident causing death, and five hundred rupees in the case of an accident causing serious bodily injury. Explanation. -In this section and in section 94 "Serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges. of the hand or foot. -Sec. 92 added in the Amendment of 1976.

Cognizance: No court can take cognizance of an offence under the Act except on a complaint by or with the previous sanction of an Inspector in writing. Only a Presidency Magistrate or a Magistrate of the first class can try offences under the Act. The. complaint must be filed within 3 months of the date when the commission of the offence came to the knowledge of an Inspector. For disobeying a written order of an Inspector, complaint may be filed within 6 months of the date when the offence was committed. Presumption: A person found in the factory when the factory. is going on or the machinery is in motion, except during the time of meal or rest, is presumed to be employed in the factory until the contrary is proved.

Appeals. The manager or the occupier of a factory on whom an order in writing has been served by an Inspector can appeal against it to the prescribed 'authority within thirty days. - Sec. 107. Notice In certain cases (prescribed by the rules) abstracts of the Act and the rules are required to be displayed in the factory. All notices under the Act must be displayed in English and in a language understood by the majority of the workers employed therein. They must be displayed in a conspicuous and convenient place at or near the main entrance of the factory and must be maintained in a clean and legible condition. The Chief Inspector may require the display of posters relating to the health, safety and welfare of workers. -Sec. 108.