Factories Act Simplified

The Factories Act, 1948

Posted by on November 25, 2016

The main objective of Factories Act is to ensure proper safety measures are in place, to promote the health and welfare of the workers in a factory, and to prevent haphazard growth of factories by making sure that proper approval of plans are in place before creation of a factory.

The Act is applicable to entire country with the exception of Jammu and Kashmir and covers all manufacturing processes using power anSezd employing 10 or more workers OR if not using power, employing 20 or more workers on any day of the preceding 12 months.

The Act is divided into sections. These section enlists the industries involving hazardous processes, permissible levels of certain chemical substances and list of notifiable diseases.

Factories Act covers the following:

Maintain Proper Facilities for the workers

  • Section 11 specifies that the factories should be kept clean.
  • Section 12 states that there should be adequate arrangements of waste disposal.
  • Section 13 focuses on temperature control for employee comfort
  • Section 14 states that the dust and fumes must be kept below permissible limits
  • Section 15 advises artificial humidification at standard level
  • Section 16 focuses on avoiding overcrowding
  • Section 17-20 focuses on adequate lighting, water, spittoons, urinals & latrins for the workers

Facilities in case of large factories

  • Factories with 1000 or more workers require Safety Officer
  • Factories with more than 500 workers must have an ambulance room and Full time Welfare Officer
  • Factories with more than 250 workers must have a Canteen
  • Factories with more than 150 workers must provide rest room/shelters with drinking water
  • Creches must be provided if 30 or more women workers are employed

The act further focuses on the welfare of the worker with adequate facilities for washing, Sitting arrangements for workers, first aid boxes etc.

Safety

  • Proper fencing
  • Hoists and lift maintenance
  • Obstruction free staircase and floor
  • Proper safety appliances
  • Adequate Fire fighting equipment

Working Hours and Overtime Rules

  • Maximum number of hours per week
  • Holiday, weekly off rules
  • Maximum hours per day
  • Minimum rest
  • Overlapping of Shifts
  • Display Notice of Period of work
  • Restriction on double employment
  • Overtime limits
  • Overtime wage

Record Keeping/Registers: Many types of registers have be maintained under the act including

  • Register of Overtime
  • Register of Muster Roll
  • Register of Wages
  • Leave Register
  • Accident Register

Employment of Women

  • Night shift rules
  • Shift change restrictions

Leave Entitlement is another area where the Act provides procedural requirements including:

  • Leave accrual: 1 leave per 20 days of working
  • Maternity leaves: 12 weeks (later amended to 6 months under Maternity Act but yet to notified)
  • Leave Accumulation of up to 30 days
  • Holidays cannot be counted as part of the leave duration
  • Leave Encashment components should include DA and Basic

Finally the Act emphasis on proper communication to the workers through various Notices and Warning signs in English, Hindi and Local Language and communication to the Factory Inspectors in case of any incidents or accidents.

Returns: Actual Form Name or the format may vary from state to state

  • Form 22 Half Yearly Return under The Factories Act, 1948
  • Form 34 Annual Return under The Factories Act, 1948

You can track the compliance under Factories Act using CompliCheck. CompliCheck will not only give you the checklist, it will also alert you when the compliance is due, allow you upload the documents that can be retrieved in case of an inspection by Factories Inspector and guide you with the forms and formats.

 

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