Factories Act, 1948: Simarjeet Singh I 18Bc091 I M-Section

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FACTORIES ACT, 1948

SIMARJEET SINGH I 18BC091 I M-SECTION


INTRODUCTION

The Factories Act, 1948 


• is a social legislation 
• which has been enacted for occupational safety, health and welfare of workers
at workplace, 
• The objective of the Act is to regulate the conditions of work in manufacturing
establishments coming within the definition of the term 'factory' as used in
the Act.
HISTORY

• Factory Act is a central legislation which came into existence in 1881.


• It regulates the working conditions of the workers and lays down various provisions which are
related to health, safety, working conditions, hazardous processes of the workers. 
• It also provides procedures for penalties in case of any contravention of provisions of factory
Act.
• The Act was amended in the year 1891, 1911, 1922, 1934, 1948, 1976 and 1987. It was
extensively amended in the year 1948. 
• The Factory Act 1948 is more comprehensive than the previous act and focuses mainly on
health, safety, welfare of the workers inside factories, working hours, minimum age to work,
leave with pay etc.
HISTORY {CONTD.}

• The Bhopal Gas Tragedy in 1984 has made the people aware of the pollution
and hazards of factories and therefore necessitated the government to take
timely steps facilitating amendments in the act. Factory Act is applied to all
factories employing 10 persons or more when it uses power and 20 persons
when no power is used. 
•  The main provision of the act are safety, guarding of machines, health and
cleanliness, drinking water, washing and latrine facilities, lunch rooms and rest
rooms, sitting arrangements, first aid and dispensary facilities in factories
OBJECTIVES

• To take note of the provisions relating to health, safety and welfare.


• To understand provisions relating to working relating to working
hours, holidays and leave.
• To appreciate administrative and enforcement machinery.
• To develop an understanding about the special provisions for women and
young people.
APPLICABILITY
• The Act extends to the whole of India including Jammu and Kashmir.
• At any place wherein manufacturing process is carried on with or without the aid of power or so is ordinarily
carried on, not withstanding that:
• The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if
working without the aid of power,or 
• The persons working therein are not employed by the owner thereof but are working with the permission, or under
agreement with such owner
•  The Act applies to every premises which has 10 or more workers in the manufacturing process and powers also,
premises with 20 or more workers in the manufacturing process and no power.
•  The Act empowers the state government to declare any of the factories or premises of the Act apply to secure
safety, health and welfare, but it does not include a mine or mobile unit belonging to armed forces of union,
restaurants or hotels.
Relevance of the Act
• The act has been enacted primarily with the object of protecting workers
employed in the factories against industrail and occupational hazards.
• For that purpose, it seeks to impose upon the owner or the occupier certain
obligations to protect the workers and secure for them employment in conditions
conductive to their heath and safety.
• To prevent haphazard growth of factories through the provisons related to the
approval of plans before the creation of the factory.
• To regulate the working conditions in the factories, regulate the working hours,
leave, holidays, overtime, employment of children, women and young persons.
• To appreciate the administrative and enforcement machinery
IMPORTANT
DEFINITIONS
&
 PROVISIONS
FACTORY : SEC.2(m)

• “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 does not
include a mine subject to the operation of 5 [the Mines Act, 1952 (35 of 1952)], or 6 [a
mobile  unit belonging to the armed forces of the Union, railway running shed or a
hotel, restaurant or eating place].
Definition of Adult, Adolescent,Child
• In this Act, unless there is anything repugnant in the subject or context,—
(a) “adult” means a person who has completed his eighteenth year of age;
(b) “adolescent” means a person who has completed his fifteenth year of age but
has not
completed his eighteenth year;
• “child” means a person who has not completed his fifteenth year of
age;
MANUFACTURING PROCESS :
SEC.2(k)

• “Manufacturing process” means any process for—


(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, photogravure or other similar process or
book binding;  or 
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
(vi) preserving or storing any article in cold storage;]
WORKER : SEC.2(l)

• Worker’ means " a person


employed, directly or by or through any agency including a contractor ), 
without the knowledge of the 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 ).
In Birdhichand Sharma v. First Civil
Judge,Nagpur1961 (3) SCR 161 this Court
BIRDHICHAN considered the question whether bidi rollers
were workmen within the meaning of the term
D SHARMA V. used in the  Factories Act, 1948. The factual
matrix of the case reveals that the workers who
FIRST CIVIL used to roll the bidis had to work at the factory
JUDGE,NAGP and were not at liberty to work at their houses.
Their attendance was noted in the factory and
UR, 1961 they had to work within the factory, though
there was freedom of doing work for particular
hours.
OCCUPIER : SEC.2(n) 

‘Occupier’ of a factory means “the person who has ultimate control over the affairs of
the factory ; and 
(i) in the case of a firm or other association of individuals, any one of the individual
partners or members thereof shall be deemed to be the occupier; 
(ii) in the case of a company, any one of the directors shall be deemed to be the
occupier; 
(iii) in the case of a factory owned or controlled by the Central Government or any
State Government, or any local authority, the person or persons appointed to manage
the affairs of the factory shall be deemed to be the occupier”.
OCCUPIER : SEC.2(n) {Contd.} 

(1) the owner of the dock shall be deemed to be the occupier for
the purposes of any matter provided for.
(2) the owner of the ship or his agent or master or other officer-in-charge of
the ship or any person who contracts with such owner, agent or master or
other officer-in-charge to carry out the repair or maintenance work shall be
deemed to be the occupier for the purposes 
Notice by Occupier
• The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a
written notice containing—
• (a) the name and situation of the factory;
• (b) the name and address of the occupier; the name and address of the owner of the premises or building (including the precincts
thereof)
• (c) the address to which communications relating to the factory may be sent;
• (d) the nature of the manufacturing process carried on in the factory during the last twelve months in the case of factories in existence
on the date of the commencement of this Act; and to be carried on in the factory during the next twelve months in the case of all
factories;
• (e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate
stand-by plant
• (f) the name of the manager of the factory for the purposes of this Act;
• (g) the number of workers likely to be employed in the factory;
• (h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of
the commencement of this Act;
• (i) such other particulars as may be prescribed.
Prag Narain v. The Crown
• FACTS : The additional Inspectorof Factories found on the 16th of April 1925 that eighteen persons were
being employed in the manufacturing department, while six persons including the manager were being
employed in the sales department.If 20 persons are employed in a factory of this kind it becomes a factory
within the meaning of the Act, and it is the duty of the occupier under section 33 to give notice to the
Inspector. This was not done in the present case.
• DISPUTE : it was contended that only 18 persons were employed in the factory and that the six persons, who
were in the sales department,were not employed in the factory. The only point to be decided is whether 20
persons were employed in the factory.
• HELD : for the purposes of the Indian Factories Act the words used in the definition contained in section 2
(8) (a) in the Act state that by a factoiy it is meant premises where anything,- is done towards the making,’ or
tinishing' of an article up to the stage when it is ready to he sold or is in a suitable condition to be put on the
market. Held further, therefore, that for the purpose of giving' notice to' the Inspector of Factories under
section 33  of the  Act, it is not necessary to inclnde persons engaged merely in selling the manufacunred
article, even thongh snch persons  happen to occnpy a room in the same building- as the factory as it cannot
he said that they are employed in the factoiy within the meaning' of section 2- (2) of the Act.
General Duties of Occupier
• Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers
while they are at work in the factory. The matters to which such duty extends, shall include—
• (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks
to health;
• (b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the
use, handling, storage and transport of articles and substances;
• (c) the provisions of such information, instruction, training and supervision as are necessary to ensure the
health and safety of all workers at work;
• (d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health
and the provision and maintenance of such means of access to, and egress from, such places as are safe and
without such risks;
• (e) the provision, maintenance or monitoring of such working environment in the factory for the workers that
is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
R. Under S.40 the words "owner" and
"occupier" have been used disjunctively.
BALACHAND The Court also referred to S.100 of
RAN VS THE the Factories Act and said that even
REGIONAL under the Factories Act, 1948, the
Legislature has clearly contemplated that
PROVIDENT in the case of a factory, a company can be
FUND ... ON 7 the "occupier". Therefore, when the
SEPTEMBER, owner of a factory is a company it is the
company which is the principal employer
2011 and not its director."
CHAPTER III : HEATH
• Cleanliness (sec.11)
• Disposal of Wastes & Effluents (sec.12)

PROVISION
• Ventilations & Temperature (sec.13) 
• Dust & Fumes (sec.14) 

S • Artificial Humidification (sec. 15) 


• Overcrowding (sec.16)

REGARDIN • Lighting (sec.17)


• Drinking Water (sec.18) 
G HEALTH • Latrines & Urinals (sec.19)
• Spittoons (sec.20)
• The working conditions should be clean and
safe.
CLEANLINES • Clean the floor at least once a week by
washing, or by some effective method.
S  • Effective means of drainage shall be

(SEC.11)
provided.
• Whitewash or colour washed every 14
months
• Paint / varnish every 5 years 
DISPOSAL • Every occupier of a factory
OF WASTES shall make effective
arrangements for
& EFFLUEN the treatment of wastes and
TS effluents due to the
manufacturing process carried
 (SEC.12) on in the factory so as
to render them innocuous and
for their disposal.
VENTILATIO
• Adequate ventilation by
NS & TEMPE the circulation of fresh air. ​
RATURE  • Reasonable temperature must
be maintained​
(SEC.13)
DUST AND FUME (SEC.14)

The exhaust fumes of internal combustions engines Injurious or offensive dust and fumes must be
must be conducted outside of the factory.  inhaled or accumulated.
(1) In respect of all factories in which the
humidity of the air is artificially increased, the
State Government may make rules, 

ARTIFICIAL  ❖ prescribing standards of humidification;


❖ regulating the methods used for
HUMIDIFICATIO artificially increasing the humidity of the air; 

N ❖ directing prescribed tests for determining


the humidity of the air to be correctly carried

(SEC.15)
out and recorded; 
❖ prescribing methods to be adopted for
securing adequate ventilation and cooling of
the air in the workrooms
(1) No room in any factory shall be
OVERCROWDI overcrowded to an extent injurious.
(2) The working space should be 9.9
NG  cubic meters of space per worker in every
workroom before the commencement of this
(SEC.16) Act. And after the commencement of this
Act, the space per worker is 14.2 cubic meter. 
➢ There shall be provided and
maintained sufficient and suitable lighting,
natural or artificial, or both, in every part of
the factory. 
➢ In every factory all glazed windows
LIGHTING  and skylights be used and workrooms shall be
kept clean on both the inner and
(SEC.17)  outer surface. 
➢ In every factory effective provision shall,
so far as is practicable, be made for the
prevention of glare, either directly from a
source of light or by reflection from a smooth
or polished surface;
➢ The place of drinking water shall not be
situated within six meters of any washing
place, urinal, spittoon, open drain or any
source of contamination. 
Drinking ➢ Effective arrangements shall be made to
provide a sufficient supply of wholesome
Water (Sec.18) drinking water

 If >250 workers are working, then have


cool water facility also.
➢ Sufficient latrine and
urinal accommodation of prescribed
types shall be provided and
Latrines conveniently situated to make them
accessible to workers at all times while they
and Urinals  are at the factory. 
➢ It should be adequately
(Sec.19) lighted, ventilated. 
➢ Latrines and urinals must be kept in a
clean and sanitary condition.
• There should be sufficient
number of spittoons in
Spittoons convenient place. 
• It must be maintained in a
 (Sec.20)
clean and hygienic condition.
• No persons shall spit except
in the spittoons.
Landmark Judgement
Bayer (India) Limited and others v. the State of Maharastra
In this case, the court held that those industries manufacture chemicals
and hazardous substances.

It sometimes causes danger to the life of workers. Judgment – The main


focus of this Act is to protect the life and health of the worker. Anything
which causes danger to the life of a worker then the court has an
inherent power to prohibit the
activity of the factory
WELFARE
INTRODUCTION

The term ‘Labour Welfare’ refers to the facilities provided to workers in and


outside the factory premises such as canteens, rest and recreation facilities,
housing and all other services that contribute to the wellbeing of workers.
Welfare measures are concerned with general wellbeing and efficiency of
workers. In the early stages of industrialization, welfare activities for factory
workers did not receive adequate attention.
WELFARE MEASURES

 The welfare measures involve three major aspects which are - occupational health
care, suitable working time and appropriate salary. 
 It refers to the physical, mental, moral, and emotional well-being of an individual.
 It creates a culture of work commitment in organizations and society which
ensure higher productivity and greater job satisfaction to the employees.
 Due to the welfare measures, the employees feel that the management is interested
in taking care of the employees that result in the sincerity, commitment and loyalty of
the employees towards the organization.
WASHING FACILITIES(SEC-42)  
(a) Firstly, provide and maintain adequate and suitable facilities for washing for all
the workers in the factory (
b) Secondly ,provide separate and adequately screened facilities separately for men
and women. 
(c) Thirdly, make accessible all the facilities to all the workers. *The state govt prescribes the
standards.
FACILITIES FOR STORING
AND DRYING CLOTHES(SEC-43)
•  This section contests some powers with the State Government. It states that the State
Government has the powers to direct the factories regarding the place of storing the
clothes of the workers. 
•  Moreover, they can also direct them regarding the manner of drying the clothes of the
workers. It applies to the situation when workers are not wearing their working clothes.
FACILITIES FOR SITTING (SEC-44)

(a) Firstly, the factory should provide suitable arrangements for sitting for the workers. This
is important because whenever the worker gets some free time, he/she may be able to take
some rest by sitting. This will also enhance their efficiency. 
(b) Secondly, if the Chief Inspector finds that any worker can do his work more efficiently
while sitting  then he can direct the factory officials to arrange sitting arrangements for him.
First-aid-appliance(SEC-45)
The factory should provide and maintain proper first-aid boxes at every workroom. Under
this Act, the number of boxes should not be less than one for every 100 or 50 workers.
Moreover, the first-aid boxes should have all the relevant contents according to the Act. 
➢ There should be nothing except the prescribed contents in a first-aid box.
 ➢ Each box should be under control of a first-aid in-charge who will handle all its
requirements and its utilization. The in-charge should be an expert in First-aid field. 
➢ In case the number of workers exceeds 500, then the factory should arrange an
‘Ambulance Room’ with the availability of all necessary equipment.
Canteens(sec-46) 
(a) Every factory where the number of workers exceeds 250, then the State Government may direct the
factory owners to provide and maintain a canteen for the workers. 
(b) Moreover, the government may lay down certain conditions in the construction of canteen, like:  
1. the standard in respect of construction, accommodation, furniture and other equipment of the canteen 
2. the foodstuffs to be served therein
3. the date by which such canteen shall be provided 
4. the constitution of a managing committee for the canteen.
SHELTERS, REST-ROOMS, AND LUNCH-ROOMS 
(SEC-47)

This section states: 
(a) If the number of workers in a factory crosses 250, then the factory owners should
construct and maintain shelters, rest-rooms and lunch rooms for the workers. It allows the
workers to eat the food which they bring along with them. 
(b)The shelters, rest-rooms and lunch rooms should be properly ventilated and lighted.  
(C) The State Government may prescribe the standards, in respect of
construction accommodation, furniture, and other equipment.
CRECHE'S(SEC-48)
Due to workforce diversity nowadays, women’s participation is increasing in all
the sectors especially the industrial sector.  
One of the factors that stop women to work in factories or any other sector is lack of care for
their children during their working hours. In order to solve this problem and increase the
engagement of women in factories, section 48 states: 
(a) Where numbers of women workers exceed 30, then the factory should arrange a special
room for the worker’s kids who are below the age of 6 years. 
(b) The room should be properly lighted and ventilated
Welfare officers(SEC-49)
• This states that every factory where in five hundred or more workers are ordinarily
employed the occupier shall employ a prescribed number of Welfare officers.
Power to make rules to supplement this
Chapter (SEC-50)
• The State Government may make rules— 
(a) exempting, subject to compliance with such alternative arrangements for the welfare of
workers as may be prescribed, any factory or class or description of factories from
compliance with any of the provisions of this Chapter; 
(b) requiring in any factory or class or description of factories that representatives of the
workers employed in the factory shall be associated with the management of the welfare
arrangements of the workers.
SAFETY
INTRODUCTION

The Welfare of the workers also depends upon how and what manner they are required to operate the
machines installed in the factory for carrying out the manufacturing operations. Some of the
Machines Mechanical devices installed are dangerous in their very nature if they are not properly maintained or
installed. Some of the Machines installed in the factory required mechanical skill on the part of the operators,
and in case, they are allowed to be operated by young persons, their life is likely to be endangered. Therefore, in
order to secure the safety of life of the workers required to operate machines and other mechanical devices, the
employers or the occupiers are obliged to take certain precautions against the hazardous of operating machines
and mechanical devices by the workers to ensure their safety and welfare. Broadly under the scheme of the Act,
the following types of precaution are required to be taken by the occupier of a factory.  
Section 21 to 41 of the Factories Act 1948 deal with the provisions relating to safety to workers in a factory
Fencing machinery (SEC. 21) - 

The section provides for fencing the following machineries while they are in use 
(i) every moving part of a prime mover and every flywheel connected to a prime mover
whether the prime mover or flywheel is in the engine house or not; 
(ii) the headrace and tailrace of every water-wheel and water turbine.
 (iii) the following should be securely fenced 
(a) every part of an electric generator, a motor or rotary convertor. 
(b) every part of transmission machinery  (c) every dangerous part of any other
machinery.
Work On Or Near Machinery In Motion(Sec 22:

➢ Examination shall be carried out only by specially trained male workers


➢ Should wear tight fitting clothes 
➢ No woman or young person shall be allowed to clean, lubricate or adjust
any part of prime move
Employment of young persons on dangerous machines (Sec.23):

This section provides that young person shall be required or allowed to work at


any machine to which he has been fully instructed as to the dangers arising
in connection with the machine and the precautions to be observed and- 
(a) has received sufficient training in work at the machine, 
(b) is under adequate supervision by a person who has a through knowledge
and experience of the machine.
Striking gear and devices for cutting off power (sec-24)

In every factory, suitable devices for cutting off power in emergencies


from running machinery shall be provided and maintained in every workroom.
Self-acting machines (Sec. 25):

No traversing part of a self-acting machine in any factory and no material carried


thereon shall, if the space over which it runs is a space over which any person is
liable to pass, whether in the course of his employment or otherwise, be
allowed to run on its outward or inward traverse within a distance
of fortyfive centimeters from any fixed structure which is not part of
the machine
Prohibition of employment of women and children near cotton
openers (Sec. 27):

In any part of a factory where a cotton-opener is at work for pressing cotton, no


woman or child shall be employed. Provided that the Inspector may in
any particular case specify in writing that the women and children may
be employed on the side of the partition where the feed-end is situated. 
Hoists and lifts (Sec. 28):

Every hoist and lift shall be of good mechanical construction, sound material


and adequate strength, properly maintained ,protected by an enclosure fitted
with gates, and shall be thoroughly examined by a competent person .
Lifting machines, chains, ropes and lifting tackles (Sec. 29):

Every lifting machine and every chain, rope and lifting tackle for the purpose of
raising or lowering persons, goods or materials, all parts, including the working
gear, whether fixed or movable, of every lifting machine and every chain, rope
or lifting tackle shall be of good construction, sound material and adequate
strength and free from defects. It should be properly maintained
Revolving machinery (sec-30) 

The effective measure shall be taken in every factory to ensure that the safe
working peripheral speed of every revolving vessel, cage, basket, flywheel
pulley, disc or similar appliance driven by power is not exceeded.
Pressure plant(sec-31)

Section 31 of the Act, If in any factory, any plant or machinery or any


part thereof is operated at a pressure above atmospheric pressure,
effective measures shall be taken to ensure that the safe working pressure of
such plant or machinery or part is not exceeded. State Government may make
rules providing for the examination and testing plant or machinery. 
Floors, stairs and means of Access(sec-32)

According to Section 32 Floors, stairs and means of Access must be of


sound construction and shall be free from obstructions, causing persons to slip
Pits, sumps, opening in floors, etc(sec-33)

According to Section 33 of the Said Act, In every factory every fixed vessel,


sump, tank, pit or opening in the ground or in a floor which, by reason of its
depth, situation, construction or contents, is or may be a source of danger,
shall be either securely covered or securely fenced. 
Excessive weights(sec-34) 

The State Government may make rules prescribing the maximum weights


which may be lifted, carried or moved by adult men, adult women, adolescents
and children employed in factories or in any class or description of factories or
in carrying on in any specified process. 
Protection of eyes (Section 35) -

In respect of any such manufacturing process carried on in any factory as may


be prescribed, being a process which involves - 
(a) risk of injury to the eyes from particles or fragments thrown off in the course
of the process. 
(b) risk to the eyes by reason of exposure to excessive light, the State
Government may by rules require that effective screens or suitable goggles shall
be provided for the protection of persons employed on, or in the
immediate vicinity of, the process.
Precautions against dangerous fumes, gases etc(sec-36)

(1) No person shall be required or allowed to enter any chamber, tank, vat, pit,
pipe, flue or 

(2) No person shall be required or allowed to enter any confined space as


is referred to in section.
Explosive or inflammable dust, gas, etc(sec37)

1) Where in any factory any manufacturing process produces dust, gas, fume


or vapour of such character and to such extent as to be likely to explode on
ignition, all practicable measure shall be taken to prevent any such explosion by 
a) effective enclosure of the plant or machinery used in the process; 
b) removal or prevention of the accumulation of such dust, gas, fume
or vapour;
c) exclusion or effective enclosure of all possible sources of ignition.
 Precautions In Case Of Fire (SEC-38)

(a) Safe means of escape for all persons in the event of a fire
 (b) Necessary equipment and facilities for extinguishing fire 
➢ Workers are familiar with the means of escape
➢ Free passage–way giving access 
➢ Workers should be trained
Power To Require Specifications Of Defective Parts Or Tests Of
Stability (SEC –39)

Building or part of a building dangerous to human life  Inspector of the


factory take order in writing before a specified date
 a) to furnish such drawings, specifications and other particulars to determine
whether such building, can be used with safety.
 b) to carry out tests and inform the officer
Safety officers (sec-40)

• This section makes provision for the appointment of for safety officer in


the factories, where 1000 or more workers are employed or the State
government by notification in official gazette may require the occupier,
carrying on dangerous and hazardous nature of manufacturing process to
appoint safety officers. 
Power to make rules to supplement this chapter(sec41)

Section 41 of the Factories Act, 1948 empowers the State Government to make


any rules to supplement this chapter.
EXAMPLES

• Gujarat: ‘56 workers died in industrial accidents in 2020


• At least 56 workers have died in various industrial accidents that occurred in
seven districts of Gujarat during the last one year, ending December 31, 2020.
• In the steps taken to prevent industrial accidents, the state government stated
that inspections are carried out as per the provisions of Factories Act 1948 and
Gujarat Factories Act 1963. Measures are taken against industries if any
violations are found and awareness Is created about the workforce about
industrial safety
EXAMPLES

• Gujarat govt makes fire NOC mandatory for all factories


• The Gujarat government has made it mandatory for all factories have to take a no-
objection certificate from the fire department before applying for new licence or
renewing existing ones. The move comes after a fire incident at a chemical unit near
Pirana in Ahmedabad.
• Factories will now be required to take NOCs from the fire department under the
Gujarat Fire Prevention and Life Safety Measures Act, 2013 before applying for factory
licence under the Factory Act, 1948. Existing factories without fire NOC will also be
required to take Fire NOC from competent authority and inform their respective
districts and Ahmedabad DISH (Director Industrial Safety and Health) office.
HUL Case Study
• The country’s biggest consumer goods company, is
offering its employees a range of exposure opportunities,
from immersive experiences with other companies to
exposure new-age technologies and work culture, so as to
make them future ready.
• Takes into consideration the health , safety and welfare
provisions . Culture-
• • Gender Diversity including LGBTQ
•Compliance –Monitoring– Reporting .
•Employee needs are integrated in HR program
•Focused on performance and quality both.
HUL Case Study
• Health and safety provisions-
• All Gender restrooms .
• Encourage for both physical and mental health issues.
• Stringent safety measures for accidents, fire etc in the office.
• Lamplighter program
• Launch Line Manager Mental Health (LMMH)-”Survive to thrive”.
• Stress release
• Compensation -Good salary packages
Extra benefits - Insurance ,Free products
• Work life balance –
Extreme flexibility + 9Hrs a day. Don’t demand time during weekends.
• Welfare provisions- Rapid promotions
Management trainee program
HUL called as the “CEO Factory of India“
Various Amendments Under Factories Act
• The following changes were made by the factories Act, 1948: -
• The definition of the term Factory was widened to cover all industrial establishments employing ten or more workers
where power was used and 20 or more workers in all other cases.
• The distinction between seasonal and non-seasonal factories was abolished.
• Under the Act of 1934 the State Governments had power to extend the application of the Act to establishments where
more than 10 Workers were employed. Under the Act of 1948, the State Government may extend the provisions of this
Act to any establishment irrespective of the number of the workers employed therein and irrespective of the number of the
workers employed on therein and irrespective of the fact that manufacturing work is carried by power or otherwise. The
only exception is an establishment where the work is done solely by the members of a family.
• Chapter III of the Act of 1934 was split into three parts, dealing with health, safety and welfare of workers. The Act
specifies very clearly the minimum requirements under three heads stated above.
• The basic provisions of the old Act relating to Health,safety, and welfare are extended to all work places irrespective of
the number of workers employed, except premises where processes are carried on by the occupier with the sole aid of his
family.
• The minimum age for the admission of children to employment has been raised from 12 to 14 years and the minimum
permissible daily hours of work of children were reduced from five to four and a half hour.
Various Amendments Under The Factories
Act
• Provisions are made for the licensing and registration of factories and the prior scrutiny by the Factories
Inspectorate of the Plans and specifications of factory buildings.
• Employment of Children and women between 7 p.m. and 6 a.m. is prohibited. For overtime work the workers
are entitled to twice their normal rate of wages.
• The State Government are empowered to make rules requiring the association of the workers in the
management of arrangements for the welfare of the workers.
• State Government is obliged to see that all the factories are registered and take a licensing for working, which
should be periodically renewed. Prior approval of the State Government has been made necessary for every
New The installation of a Factory or for the extension of an existing factory. Besides mines, the new Act also
excludes railway running sheds from the definition of Factories.
THANK YOU!!

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