A worker shall have the right to (i) obtain from the occupier information relating to workers’ health and safety at work; (ii) get trained in the factory or at a training centre or institution when sponsored by the occupier and approved by the Chief Inspector; and (iii) represent to the Inspector, directly or otherwise, the matter of inadequacy of health or safety in the factory.
Rights Of Workers (Section 111A Inserted By 1987
Amendment Act)
A worker shall have the right to
(i) obtain from the occupier information relating to workers’ health and safety
at work; (ii) get trained in the factory or at a training centre or institution
when sponsored by the occupier and approved by the Chief Inspector; and (iii)
represent to the Inspector, directly or otherwise, the matter of inadequacy of
health or safety in the factory.
Occupier
[Section 2(M)]
Any person who has ultimate
control and management over the affairs of the factory will be deemed to be an
occupier.
1. In a partnership firm, the
individual partners and in the case of association of individuals, members
thereof shall be regarded as occupier. 2. In companies, the directors are
regarded to be occupier because they are vicariously liable for the functions
of the company. 3. In government owned and
controlled factories, the person or persons appointed to manage the affairs of
the factory shall be deemed to be the occupier. 4. In the case of partnership firm
or association of individuals, and partner or member may be prosecuted. A
manager cannot be regarded as an occupier, unless he is entrusted with the
control and management of the factory. 5. Owner, lessee or a licensee
having control over the factory with regard to its management is deemed to be
the occupier [Emperor vs. Ram Pratap, (1896) 20 Bom.423]. Licensing And Registration Of Factories [Section
6]
Under Section 6, the State
government may make rules regarding the submission of plans and approval,
licensing and registration of factories. The site chosen to locate the factory
must have the previous permission in writing of the State government of Chief
Inspector of factories. Such permission will be granted to applicant unless he
had duly complied with the directions of the government.Every application must be duly
accompanied with a certified plan, showing all the details together with the
challan representing the fees payable for such registration, licensing or
renewal of licence. If permission is not granted either by the State government
or the Chief inspector, within 3 months from the date of submission of such
application, permission is presumed to have been granted. On the refusal of the State
government to grant permission, the aggrieved applicant can prefer an appeal
within the 30 days from the date of refusal. Every order refusing to grant
permission or licence must be a speaking order (a speaking order is an order
passed after hearing both the sides and it is passed with reasons stated).
Licence or permission cannot be denied merely on the direction by the
government without hearing the applicant [Shihabudeen Kunju vs. State of
Kerala, (1985) 2L.L.J.106]. Under Section 7, the occupier
must give 15 days notice to the State government or Chief Inspector of
factories before he begins to occupy or use any premises as a factory. Such
notice should contain the following:
The name and situation of the factory; The name and address of the occupier; The name and address of the owner
of the premises or building (including the precincts thereof); The address to which communications relating to the
factory may be sent; The nature of the manufacturing
process to be carried on in the factory during the next 12 months; The total rated horse power
installed or to be installed in the factory (not including the rated horse
power of any separate stand-by plant); The name of the manager of the factory for the
purpose of this Act; The number of workers likely to be employed in the
factory; and Such other particulars as may be prescribed. It is essential to intimate by notice the inspector
with a copy addressed to the Chief Inspector of the factories, if any new
person is appointed as manager in a factory. Even an acting manager or a person
without any designation as manager will be deemed to be an occupier, if control
and management of the factory is governed by them. In the absence of a designated person as manager who ever is an
occupier is deemed to be an occupier. [Kama Kishore Jhunjhunwala vs. Prescribed
Authority, (1976) 32 F.L.R.355]. Penalty For Obstructing Inspector (Section 9)
When a factory inspector is
prevented or obstructed from exercising his powers, such person shall be
punished with imprisonment for 6 months or fine upto Rs, 10,000 or with both. Certifying Surgeons (Section10)
Certifying surgeons are qualified
medical practitioners, who are appointed by the State government for specified
areas or factories. With the approval of the State government, a certifying
surgeon may be authorized and qualified medical practitioners to exercise any
of the powers used by him. However, an occupier of a factory or any parson who
becomes directly or indirectly interested in such factory cannot be appointed
as a certifying surgeon. These restrictions could be exempted by the State
Government in appropriate cases by passing orders in writing. Health,
Safety And Welfare Measures
By way of implementing the
recommendation of the Royal Commission on Labour in India, the present
Factories Act, has underlined the importance of health, safety and welfare of
the workers. It has made special provisions for health under Sections 11 to 20,
for safety under Sections 21 to 40 including Chapter IV A (1987 Amendment Act)
and welfare of the workers under Sections 42 to 50. Health
(Sections 11 To 20)
Cleanliness (Section 11) : House keeping is the modern term used for keeping the factory
premises clean and tidy. Factories must not only be kept clean but must be
maintained with cleanliness in such a way that accumulation of dirt and refuse
must be avoided. Constant cleaning of effluvia (disagreeable vapours) arising
from any drain is needed. Removal of dirt and refuse alone is not enough, but
they have to be disposed of in a suitable manner without causing detriment to
the residents of the locality.
Disposal of wastes and effluents
(Section 2) : Wastes and effluents are
to be disposed of in order to maintain the hygiene inside the factory. However,
such wastes cannot be let out without treatment. This is because wastes would
pollute the surroundings. Norms laid down by the State Pollution Control Board
have to be observed strictly in this regard. Ventilation and Temperature
(Section 13): Ventilation and air circulation
ensure normal health to the workmen. In order to maintain ventilation and fresh
air circulation, temperature in the working place should be secured. For this
purpose, the interior walls and roofs of the factory must be properly designed
and provided with heat resisting or heatproof materials by way of insulation.
Reasonable care should be taken for colour washing interior walls with
psychologically pleasing colours such as light green, etc. Dust and Fumes (Section 14) : Effective measures have to be adopted in order to prevent the
workers inhaling dusts, fumes and other impurities that are present (which
cannot be seen through naked eye) in the air. Control devices or tools have to
be used for the purpose of preventing dust and fumes. Use of exhaust fans is
highly recommended in such places. No stationary internal combustion
engine is allowed to be operated unless proper arrangements are made to prevent
accumulation of injurious fume are caused thereon. [Gregeon vs. Hick
Hargreavaes (1955) All E.R.860]. Artificial Humidification
(Section 15) : In factories where artificial humidification
is adopted from the point of view of manufacturing a product (e.g., in a
textile mill), the norms prescribed by the Government must be strictly followed
for increasing or decreasing or maintaining such artificial humidification,
Humidifiers for keeping air moisture at even level shall be provided. Water used in these factories
must constantly be changed and it must be pure. Otherwise it will give room for
water borne diseases among workers. Overcrowding (Section16) : Every worker requires at least 350 cubic feet (now after the
commencement of the Act, 500 cubic feet) for the purpose of enabling him to
work with ease and comfort ensuring mobility.
However, while calculating the aggregate space, no
account shall be taken of any space, which is more than 14 feet above the level
of the floor. The Chief Inspector of Factories, by notice may specify the
number of persons to be employed in a room. Lighting (Section17) : Too much light throws glare on normal vision. Diffused light
does not help to promote proper vision. Hence, the required light with minimum
power must be provided. Glazed windows and sky lights through which rooms are
ventilated have to be constantly cleaned from the inner and outer surfaces.
Glares and shadows must be avoided from distorting the vision of eye.
Otherwise, workmen would strain their eyes leading to risks. Drinking water (Section18) : Potable, pure or wholesome drinking water shall be made available to
workmen at convenient points, A notice board must be displayed indicating
availability of such facility. The notice shall also contain the caption, ‘drinking
water’ in local language. If the strength of the workers increases beyond 250,
cool water equipment must be provided to ensure supply of chilled water. The
points at which drinking water is supplied shall legibly marked “Drinking water”
in a language understood by a majority of employees. Such water points must be
located beyond 6 meters or any washing place, urinals, latrine, spittoon and
open drainage, carrying silage or effluent. Shorter distance shall be permitted
for locating water points only with the approval of Chief Inspector of
Factories. Latrines and Urinals (Section 19)
: For a human being, two places are
very important and both of them have to be kept clean and tidy. They are – (i)
Latrines and urinals; (ii) places where people rest and relax. Factories where more than 250
workers are ordinarily employed, the latrine and urinal accommodation shall be
of the prescribed sanitary type. The floors and internal walls upto a height of
3 feet and above from the floor level should be laid in glazed tiles. If tiles
are not provided for, the latrines cannot be kept clean, as the bad water would
pass through the pores of latrine walls. Sweepers shall be employed whose
primary duty is to keep the latrines and urinals clean and washing places tidy.
Spittoons (Section 20) : Spittoons are nothing but pots that are specially provided for,
into which, the workers have to spit. Workers cannot spit, as they like, as
that would spoil the cleanliness and hygiene of the factory. Sufficient number
of spittoons should be provided, taking into account the number of persons
employed. A fine of Rs.5 would be imposed on any one who violated the rule. Safety (Sections 21 To 40) Safety is prior to security.
According to this concept, the present Factories Act ensures several safety
measures as sound in Sections 21 to 40, which are enumerated below: Fencing of Machinery (Section 21) In every
factory the following namely, 1. Every moving part of a prime
mover, and every fly-wheel connected to a prime mover, whether the prime mover
or fly-wheel is in the engine house or not; 2. The headrace and tailrace of
every water wheel and water-turbine; 3. Any part of a stock-bar, which
projects beyond the headstock of a lathe; 4. Every part of an electric generator, a motor or
rotary converter; 5. Every part of transmission machinery; and 6. Every dangerous part of any other
machinery must be fenced in a secured manner by substantial construction, which
should be constantly maintained. They have to be kept in proper position when
the parts of machinery are in motion (Section 21). The manager of the factory should
take particular care to provide safeguard devices to keep the machine in tact,
so that it cannot come into contact with workers and thereby cause injury. Work on or near Machinery in
motion (Section 22) : Such of those parts of machine
that are in motion may have to be constantly examined in order to ensure that
there is no friction, The examination, including lubrication on these moving
parts of the machinery
must be done only by the adult male workers with
tight fitting clothes, It is better such tight fitting clothes are supplied by
the occupier. Employment
of Young persons on Dangerous machines (Section 23): Where complex machinery is
functioning in a factory, it becomes very essential to stop any machinery
either by striking a gear or for cutting off power. In old type of machines,
driving belts were mounted on fast and loose pulleys. They were used forming
part of transmission machinery. Hence, power must be cut off in order to
prevent the driving belts riding upon moving shafts. Suitable, efficient
mechanical device must be provided for instantaneously stopping the machines. Self-acting
Machines (Section 25) : In a factory, traversing part of
a self acting machine together with a material carried on by it could be
allowed to run over a space under which any person is liable to pass.However, such machinery shall be
allowed to traverse both outward and inward directions only beyond a distance
of 45 cms from any fixed structure. The fixed structure shall not be part of
the machine. Workers must be capable of passing under the moving part of
self-acting machine in connection with their employment. Casing of
new machinery (Section 26) : Power driven machinery, revolving
shaft, spindle wheel and pinion should be properly encased, i.e., covered and
guarded effectively. Spur wheel, helical wheel, fly wheel, friction gear not
requiring adjustments which are in constant motion should be safely encased.
Even hiring these machines without the safeguards is punishable with fine upto
Rs.500 and imprisonment for 3 months or both. Prohibition of Employment of Women and Children
near Cotton openers (Section27) : Women and children are generally
prohibited in being employed in pressing cotton in which a cotton opener is at
work. If the feed end of a cotton opener is portioned by a separate wall or
screen extending upto the ceiling or roof from the delivery end, then women and
children could be employed on the side of the feeding end and definitely not at
the delivery end.
Hoists and lifts (Section28) : In a factory where hoists and
lifts are in use, their construction must have been done out of quality
materials with adequate strength to withstand the strain of weight. Such lifts
should be fitted with gates and enclosures. Lifts have to be thoroughly
examined at least once in six months by competent persons, besides this,
routine and other examinations have to be conducted. Entries have to be made
recording the date of examination.Lifting machine, chains, and
ropes and lifting tackles (Section29) : Lifting machines and cranes that
are used in a factory must be properly fastened and strongly coupled with
chains and ropes. These chains and ropes tied up with the hoists sufficiently
protect the lifts and cranes in contingencies like power failure or mechanical
failure. The lifts should be fitted with ropes or chains connected with a cage
so that the balance could be maintained with weights. The chief Inspector of
factories has to ensure whether these lifts and cranes including the ropes are
maintained properly. Revolving machinery (Section 30)
: In the case of use of revolving
or grinding machines, it is necessary that the optimum speed should be
indicated for the safe working of the machine. Although indications may be
there signifying the maximum speed, the optimum speed must be written on the
machine for the safe use of it. This would enable prevention of risk to the
user and reduction of strain to the machine. Such a notice must be displayed on
the peripheral space of the grinding stone, abrasive wheel, etc. Hazardous Processes
Section 41-A-41-H: Hazardous
process has become an important subject after the Bhopal gas tragedy.
Precautionary measures and for handling situations involving hazardous
processes have been highlighted under Chapter IV-A, Why is hazardous process
has become a major issue, so as to enforce the provisions under Chapter IV-A.
It is for this reason; a new concept under hazardous processes has been
introduced with effect from 1.10.1987. With view to avoid hazards, in
storing, handling, transporting and using dangerous materials, these new
provisions have been provided by way of addition to the existing ones under
safety measures.
Tags : Business Environment and Law-Factories Act, 1948
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