Transcript FACTORIES ACT 1948!!

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:
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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
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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
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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.