MEPL CLASSES

FACTORIESACT, 1948.
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Each question 5 marks
Time Allotted – 60 minutes Total Marks: 30
Question1.
Write a short note on ‘Cleanliness’ as per FactoriesAct,1948.
Answer to Question1.
Section 11ofthe Factories Act,1948,provides every factory shall be kept clean and free from
effluvia arising from any drain, privy or other nuisance, and in particular-
•removal of accumulated dirt and refuse on floors, benches of work room, stair cases and
passages and effective disposal of the same;
•cleaning of the floor of every workroom – once in every week by washing with disinfectant or
by some other effective method;
• providing effective drainage for removing water to the extent possible;
•to ensure that interior walls and roofs etc., are kept clean the following is to be complied with
white wash or colour wash should be carried out at least once in every period of 14 months;
where surface has been painted or varnished, repair or revarnish should be carried out once in
every five years, if washable then once in every period of six months; or where the yare painted
or varnished or where they have smooth impervious surface, it should be cleaned once in e very
period of 14 months by such method as may be prescribed.
•all doors, windows and other framework which are of wooden or metallic shall be kept painted
or varnished at least once in every period of five years. The dates on which such processes are
carried out shall be entered in the prescribed register.

Question 2.
Write a short note on ‘Hazardous processes.
Answer to Question2.
‘Hazardous processes’- Section 2(cb) defines the expression ‘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 the intermediate or finished products, bye-products, wastes, or
effluents thereof would-
• cause material impairment to the health of the persons engaged in or connected therewith, or
•result in the pollution of the general environment. The State Government may, by notification in
the Official Gazette, amend the First Schedule by way of addition, omission or variation of any
industry, specified in the said Schedule Chapter IVA which provides for making provisions relating
to hazardous process. The State Government may, for purposes of advising it to consider
applications for grant of permission for the initial location of a factory involving a hazardous
process or for the expansion of any such factory, appoint a Site Appraisal Committee. The Site
Appraisal Committee shall examine an application for the establishment of a factory involving
hazardous process and make its recommendation to the State Government within 90 days of the
receipt of such application. The Committee has the power to call for any information from the
person making an application. When the application is got approved by the State Government, it
shall not be necessary to obtain a further approval from the Central Board of the State Board of
pollution authorities. The occupier has to follow the procedure-
• to lay down a detailed policy with respect to the health and safety of the workers;
•to disclose all the information regarding dangers including health hazards and the measures to
overcome such hazards arising from the exposure to or handling of the materials or substances in
the manufacture, transportation, storage and other processes to the workers employed in the
factory;
•to draw up an onsite emergency plan and detailed disaster control measures for the factory and
make known to the workers and to the general public living in the vicinity of the factory, the safety
measures required to be taken in the event of accident taking place.
•to lay down measures for the handling usage, transportation and storage of hazardous
substances inside the factory premises and the disposal of such substances outside the factory
premises and publicize them in the manner prescribed among the workers and the general public
living in the vicinity. Section 41C provides that the occupier is having specific responsibilities in
relation to hazardous processes. He has to maintain the health records of the employees. He is to
appoint experienced persons who possess specified qualifications in handling hazardous
substances and competent to supervise such handling within the factory.
Question 3.
“Chapter V provides the welfare measures to be taken in a factory”-examine the measures
prescribed in the Factory’s Act 1948 to be provided by the factory to their workmen .
AnswertoQuestion3. Chapter V provides the welfare measures to be taken in a factory for the
workmen employed in the factory. The following are the welfare measures prescribed in the Act
to be provided by the factory to their workmen-
◉ washing facilities;
◉ facilities for storing and drying clothing;
◉ facilities for sitting;
◉ first aid appliances;
◉ canteens;
◉ shelters, rest rooms and lunch rooms;
◉ crèches;
◉ appointment of welfare officers.
Washing facilities: Section42providesthatin every factory adequate and suitable facilities for
washing shall be provided and maintained for the use of the workers. Separate and adequately
screened facilities shall be provided for the use of male and female workers. The washing facility
shall be conveniently accessible and shall be kept clean.
Facilities for storing and drying clothing: Section 43providesthat the State Government may, in
respect of any factory or class or description of factories, make rules requiring the provision
therein of suitable places for keeping clothing not worn during working hours and for the drying
of wet clothing.
Facilities for sitting: Section 44 provides that suitable arrangements for sitting shall be provided
and maintained for all workers obliged to work in a standing position, in order that they make
take advantage of any opportunities for rest which may occur in the course of their work.
First aid appliances: Section 45 provides that first aid appliances shall be provided and
maintained so as to be readily accessible during all working hours or cupboards equipped with
the prescribed contents and the number of such boxes or cupboards to be provided and
maintained shall not be less than for every 150 workers at any one time in the factory. Each first
aid box or cupboard shall be kept in charge of a separate reasonable person who holds a certificate
in the first aid treatment recognized by the State Government and he should always be readily
available during the working hours of the factor. In a factory where more than 500 workers are
employed an ambulance of the prescribed size containing the prescribed equipment, nursing staff
etc., shall be provided and made readily available at all times.
Canteens: Section 46 provides that if more than 250 workers are employed in a factory a canteen
or canteens shall be provided and maintained by the occupier for the user of the workers. The
items of expenditure in the running of the canteen which are not to be taken into account in fixing
the cost of food stuffs shall be borne by the employer.
Shelters, rest rooms and lunch rooms: Section 47 provides that if more than 150 workers are
employed adequate and suitable shelters or rest rooms and a suitable lunch room with provision
for drinking water shall be provided and maintained for the use of the workers. The same shall be
sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.
Crèches: Section 48 provides that if more than 30 women workers are employed there shall be
provided and maintained a suitable room for the use of children under the age of 6 years of such
women. The same shall be adequately ventilated and shall be maintained in clear and sanitary
conditions and under the charge of women trained in the care of children and infants.
Welfare Officers: Section 49 provides that if 500 or more than workers are employed in a factory,
the occupier shall employ in the factory such number of welfare officers as may be prescribed.

Question 4.
Srivastava is the owner of a unit manufacturing Beedi in Jabalpur. 22 persons are employed in the
unit. Of these 22 employees, one is a graduate for supervising the work and another apprentice
learning work. The remaining 20 are employed not on the time wage system, but on the piece
work system. Is the unit,a ‘factory’ within the meaning of the term under the Factories Act, 1948
?.
Answer to Question 4.
According to Section 2(m) of the Factories Act, 1948, a ‘factory’ means “any premises including
the precincts thereof:-
(i)whereon 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; or
(ii)whereon 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; but this does not include a Mine subject to the
operation of the Mines Act, 1952, or a mobile unit belonging to the armed forces of the union, a
railway running shed or a hotel, restaurant or eating place.” For computing number of workers,
all the workers in different groups in a day shall be taken into account. Therefore, in the given
case as per Section 2(m) of the Factories Act, the unit of Mr. Srivastava is a factory within the
meaning of the definition.

Question 5.
M Ltd. has a textile plant situated in Bhiwandi, Maharashtra. Mudit is the head of the plant, who
possesses Master Degree in Mechanical Engineering from a reputed Institute. Mudit is appointed
as the occupier of the plant under the Factories Act, 1948. What are the measures Mudit has to
adopt for health of workers employed in the manufacturing process which generates dust, fume
and other impurities?
Answer to Question 5.
Mudit has to adopt the following measures in the manufacturing process which generates lot of
dust, fume and other impurities to ensure health and safety of the workers:
(1)Effective measures should be taken to prevent the inhalation and accumulation of dust, fumes
etc. in the work-rooms.
(2)Wherever necessary, an exhaust appliance should be fitted, as far as possible, to the point of
origin of dust, fumes or other impurities. Such point shall also be enclosed as far as possible.
(3)In case stationery internal combustion engine is operated in factory, exhaust should be
connected into the openair.
(4)In cases of other internal combustion engine is operated in factory, effective measures should
be taken to prevent the accumulation offumes there from.
(5)Precautions against dangerous fumes, gases, etc. should be taken and it must ensure that: a.
person shall not be allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space
in any factory in which any gas, fume vapour or dust is likely to be present to such an extent as to
involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate
size or other effective means of egress. b. person shall not be allowed to enter any confined space,
until all practicable measures have been taken to remove any gas, fume, vapour or dust, which
may be present so as to bring its level within the permissible limits and to prevent any ingress of
such gas, fume, vapour or dust and unless—  a certificate inwriting has been given by a
competent person, based on a test carried out by himself that the space is reasonably free from
dangerous gas, fume, vapour or dust; or  such person is wearing suitable breathing apparatus
and a belt securely attached to a rope the free end of which is held by a person outside the
confined space.
Question 6.
A factory has 100 male employees and 50 female employees. Factory Manager is keen to know
whether the factory has to provide following welfare to the workers employed as per Factories
Act:
(i) First aid appliances
(ii)Canteens

(iii)Creches.
Answer to Question 6.
Factories Act, 1948providesforthe following welfare to the workers: • First-aid appliances – one
first-aid box not less than one for every 150 workers • Canteens when there are 250or more
workers • Crèches when there are 30 or more women workers. In the given case, (i) Since a total
of 150 workers are employed in the factory, it has to provide first aid appliances. (ii) The canteen
facility need not be provided, as it applies to factories employing more than 250 workers. (iii)
Since the factory has 50 female workers, it has to provide for crèche facility