THE FACTORY ACT, 1948

INTRODUCTION

One of the major Central Act. The title of the Act may not outlash about it’s working but the soul of the act is all about consolidating provisions regulating labor in factories. Where it’s been enacted on 23-09-1948, it came into information on 01-04-1949. This legislature inculcates the provisions on proper working conditions, safety, health and welfare of workers, working hours, holidays (even paid),overtime, employment of children, women and young person. In nutshell it is concerned about anything and everything possible to affect all sizes and shapes of workers. This legislature is headed by “Ministry of Labor and Employment”. It consists of 120 sections and 3 schedules.

HISTORY

Origin

The existence of law relating to factories in India trace it’s origin back from factories legislation of United Kingdom. Like, the application and industrial jurisprudence of UK legislation provided skeleton in order to shape the factories legislation in India.

In India

The rapid growth of industrial town and factories has paved the way to develop our industrial legislation accordingly. Government of India never came on front foot to have a separate legislation vis-à-vis(in regard to which), post independent only those factories came under the obligation(enforcement) of this statute which were enacted pre-independence. Post-independence, Article 372 of The Constitution of India, 1950 and DPSP’s scope of demand of society, flourished the implementation of this statute to other factories as well. In 70 year history of Indian republic, there are unprecedented developments of law relating to factories in India.

Progress

• A memorable legislature, The Elizabethan Poor Law, 1610 followed by 17^th and 18th century instructed destitute and orphan children to have weaving and spinning as their favorite   hobby and subsequently they should apprentice to some trade.
• Later, the Factory Act, 1802 came as an extension of the old Poor Law as the conscious assumption of control over industry.
• By the time, according to Indian statics:
  • Bengal, credited with first cotton mill in 1818.
  • First jute mill started in 1855.
  • First power loom was introduced in 1859.
  • Bombay, first spinning and weaving mill was established in 1951.

(The time of early expansion in India was the time in UK when they were considering to have factory legislation).

• In UK, in accordance with the last Act dealing with this matter was that of 1847, it’s review considered 10.5 hours of monotonous, unceasing labor, even under favorable conditions, as too long to be consistent with the health of young persons (between 13 and 18 years) and women generally.
• In 1874, under the conservative Government which came into power in that year was passed the Act thus entitled ‘An Act to Make Better Provision for Improving the Health of Women, Young Persons and Children Employed in Manufactures and the Education of Such Children and Otherwise to Improve The Factory Acts’.
• In 1875, in consequences of the realization of inequality and unnecessary complexity existed in the body of the Factory Laws, a committees was appointed to in inquire into the conditions of factory work in the country.
• During Lord Ripon’s time, first factories Act was adopted in India in 1881, primarily focused on children; that-
  • No child should be employed in factory if under the age of 7 years.
  • No person under the age of 12 years, should be actually employed in any factory more than 9 hours in any one day.
  • Every child was to have 4 whole holidays in the month.
  • Children were not to be employed in certain dangerous work.
• In India, various Committees were appointed from time to time by the Government of India to inquire into the problems of health of industrial workers. In 1943, Government of India appointed Health Survey and Development Committee under the Chairmanship of Shri. D.D.Rege (as even called Rege Committee) to consider and suggest broad objectives of health and medical care in the country, the Committee report held employer responsible to provide for medical and health facilities. This is how onus of employee’s health was put upon an employer.

 (With high speed growth of various industries in India, regulation became necessary and hence, accordingly fashioned the factories legislation of United Kingdom with suitable modification by 1948).

• Since then it’s been amended in years 1949, 1950, 1951, 1954, 1970, 1976 and 1987.
• Going by the current situation, The Union Cabinet and The Lok Sabha have passed the amendment to section 64, 65 and noteworthy section 115 of The Factories Act, 1948 through Factories (Amendment) Bill, 2016. This Bill is currently pending before The Rajya Sabha.

OBJECTIVE

• Ensure adequate safety measures, to protect workers employed, against industrial and occupational hazards.
• Promote health and welfare of workers employed.
• Prevent haphazard growth of factories, through provision related to approval of plans before creation of factory.

(Objective leads to obligations upon owner or occupier and even guardians, through penal provision of this legislature, which automatically pushes them to protect workers and secure for them employment in conditions conductive for their health and safety).

SALIENT FEATURES

• Major legislation:

 Factories have capacity to regulate almost everything either it is environment, mankind, wildlife, economy and even our lifestyle.

Where factories were comparatively affordable, accessible, source of vast employment, upgraded lifestyles, initialized high rated professions; on the same time they have been a source of bizarre disaster to environment as well as mankind(through poor working conditions).

Eventually, every resource to a factory was exploited to it’s fullest.

Where to save the environment, sustainable development and go green concepts were brought up, to save human resource initially labor unions came on front foot followed by such legislation. Situations highlighted for granted approach of producers towards their human resource, lead to have a permanent solution through this legislature.

• Statutory applicability: Mentioned under section 2(m)-definition of “Factory”.
• Amplified humanitarian approach: Chapter- lll, lV, lVA, V, Vlll .
• Uplifts all shapes and sizes of worker: In general, special women oriented provisions and provisions based upon specific number of accumulated workers. Specifically, Chapter- Vl, Vll.
• Grate management: Either through occupier’ duty, Chapter- ll(Inspector’s duty), or through powers allotted to state government at each step to work according to requirement. It resulted in flexibility, which on bigger picture came up as vulnerability.
• Penal provisions: Chapter- X.
• No ambiguity: Alike other legislatures, where lots of things are left untold, this Act includes everything so sincerely. From section 2(definitions), to the schedules(mentioning everything so precisely), covering each area and leaving no loopholes.

SYNOPSIS

Chapter l – Preliminary (section 1- 7)

It specifies, this legislation’s territorial and statutory applicability, relevant definitions, concept of “time of day” to determine working hours, pre-requirements to initiate a factory, duties of occupiers and manufacturers and other provisions in which a person should know in general sense to whom this Act is relevant to.

Chapter ll – The Inspecting Staff (section 8- 10)

 It mentions that an inspecting staff consists of an inspector and surgeon. Along with this, the qualification of inspector and duties of surgeon are even mentioned.

Chapter lll – Health (section 11- 20)

This chapter talks about all the general health related provisions, with which workers must have been impliedly provided but even then not provided with. Provisions related to cleanliness, waste disposal, fresh air, lighting, drinking water, washrooms and ect.

Chapter lV- Safety (section 21- 41)

This chapter specifically points out safety provisions, relayed to worker’s health alike general provisions mentioned in Ch- lll. Provisions related to:

• Fencing and lifting of machinery,
• Revolving and self-acting machinery,
• Lift, hoists, floors, stairs and other means of access for workers.
• Protection from pits and openings in floors.
• Protection of eyes.
• Precautions against dangerous fumes, dust, gas, electricity, fire.
• Protection from defective parts.
• Maintenance of buildings and machinery.
• Employment of safety officers.

Chapter lVA- Provisions related to hazardous processes (section 41A- 41H)

Provisions related to:

• Appointment of Site Appraisal Committee, Inquiry Committee, Safety management.
• Occupier’s responsibility to disclose information, follow emergency standards, take permission to use toxic chemicals (mentioned in schedule 2).
• At last, even after taking all security measures, workers still have the right to be warned about imminent danger prevailing in the factory.

Chapter V – Welfare (section 42- 50)

This chapter talks about the wellbeing of the workers like washing as cleanliness perspective, maintenance of clothes, sitting facility, first aid , availability of canteen, shelter, rest room, lunch room, crèche, necessity of welfare officer, state government gets power to make rules supplement to the existing.

Chapter Vl –Working hours of adults (section 51- 66)

• This chapter defines every time period coming under the umbrella of working hours, like weekly hours, daily hours, night shifts, spread over.
• It even highlighted adults over here, due to which all precautionary steps have been provided accordingly like holidays either weekly or compensatory, no women worker, extra wages for over time, no overlapping of shifts, no double employment, proper registration and at last sate gets power to make some exempting rules.

Chapter Vll-Employment of young persons (section 67- 76)

• This chapter being concerned about young persons, so entertain children (not completed 14 years) and adolescents, means all workers except adults.
• It talks about the wellbeing of a young person through maintaining certificate of fitness, managing working hours, registration of working hours, proper medical examination and at last state government power to make rules.

Chapter Vlll- Annual leave with wages (section 78- 84)

This chapter mentions paid wages along with such payment in advance or recovery of such payment afterwards. Power of state to make rules and exempt factories for this provision.

Chapter IX- Special provisions (sections 85- 91A)

Here, this special character even involves the miscellaneous trait as it mentions state power to declare a premise- FACTORY, exempt public institutions from manufacturing process, option over carrying on factory with dangerous operations. Notification of certain diseases, accidents, dangerous occurrences, even provision related to enquires for such accidents or diseases by taking samples.

Chapter X- Penalties and Procedures (Section92- 106A)

• This chapter penalize workers, inspector, occupier and even parent or guardian (ultimate beneficiary) of child who commits the specified unlawful act.
• Procedure includes courts powers to make rules, make onus of age or practicability of act and jurisdiction of court to entertain proceedings.

Chapter XI- Supplemental (Section 107- 120)

As the name suggests, this chapter adds on valuable quality to this legislature through mentioning provision related to appeals, notices, rights and obligations of workers, restriction on disclosing information, repeals and savings, etc.

Schedule I– List of industries involved in Hazardous processes.

Schedule II– Permissible level of chemical substances in work environment.

Schedule III– List of Notifiable diseases.    

(NOTE: Description of required chapters in salient features could be taken from synopsis or from my upcoming, chapter wise detailed blogs)