Act 13 of ; iii Beedi industry in Tamil Nadu vide T. Act 32 of ; handloom industry in Tamil Nadu vide T. Act 61 of Statement of Objects and Reasons. Experience of the working of the Act has revealed a number of defects and weaknesses which hamper effective administration. Although the Act has been amended in certain respects in a piecemeal fashion whenever some particular aspect of labour safety or welfare assumed urgent importance, the general framework has remained unchanged. The provisions for the safety, health and welfare of workers are generally found to be inadequate and unsatisfactory and even such protection as is provided does not extend to the large mass of workers employed in work places not covered by the Act.
In view of the large and growing industrial activities in the country, a radical overhauling of the Factories law is essentially called for and cannot be delayed. The proposed legislation differs materially from the existing law in several respects. Some of the important features are herein mentioned. Under the definition of "Factory" in the Act of , several undertakings are excluded from its scope but it is essential that important basic provisions relating to health, working hours, holidays, lighting and ventilation, should be extended to all workplaces in view of the unsatisfactory state of affairs now prevailing in unregulated factories.
Further, the present distinction between seasonal and perennial factories which has little justification has been done away with. The present Act is very general in character and leaves too much to the rule making powers of the Provincial Governments. While some of them do have rules of varying stringency, the position of the whole is not quite satisfactory.
This defect is sought to be remedied by laying down clearly in the Bill itself the minimum requirements regarding health cleanliness, ventilation and temperature, dangerous dusts and fumes, lighting and control of glare, etc.
Further, the present Act leaves important and complex points to the discretion of inspectors placing heavy responsibility on them. In view of the specialised and hazardous nature of the processes employed in the factories, it is too much to expect Inspectors to possess an expert knowledge of all these matters. The detailed provisions contained in the Bill will go a long way in lightening their burden. Some difficulties experienced in the administration of the Act, especially relating to hours of employment, holidays with pay, etc.
The penalty clauses have also been simplified. An important provision has also been made in the Bill empowering Provincial Governments to require the every factory should be registered and should take a license for working to be renewed at periodical intervals. Provincial Governments are further being empowered to require that before a new factory is constructed or any extensions are made to an existing one, the plans, designs and specifications of the proposed construction should receive their prior approval.
It is expected that the Bill, when enacted into law, will considerably advance the condition of workers in factories. The substantial changes made in the existing law are also indicated in the Notes on Clauses [omitted].
Opportunity has also been taken to arrange the existing law and to revise expressions, where necessary. Amendment Act 94 of Statement of Objects and Reasons. The Government are, therefore, initiating various measures from time to time to ensure that adequate standards of safety, health and welfare are achieved at all work places. In particular, in the context of the need to secure maximum production and productivity an appropriate work culture conducive to safety, health and happiness of workers has to be evolved in the factories.
To achieve these objectives more effectively it has become necessary to amend the Factories Act. The amendments proposed to be made in the Act by the Bill mainly relate to 1 the modification of the definition of the term "worker", so as to include within its meaning contract labour employed in any manufacturing process; 2 improvement of the provisions in regard to safety and appointment of safety officers; 3 reduction of the minimum number of women employees, for the purpose of providing creches by employers, from fifty to thirty; and 4 provisions for inquiry in every case of a fatal accident.
Amendment Act 20 of Statement of Objects and Reasons. The Act also empowers the State Governments to frame rules, so that the local conditions prevailing in the State are appropriately reflected in the enforcement. The Act was last amended in for strengthening the provisions relating to safety and health at work, extending the scope of the definition of "workers", providing for statutory health surveys, and requiring appointment of safety officers in large factories.
After the last amendment to the Act, there has been substantial modernisation and innovation in the industrial field. Several chemical industries have come up which deal with hazardous and toxic substances. This has brought in its train problems of industrial safety and occupational health hazards. It is, therefore, considered necessary that the Act may be appropriately amended, among other things, to provide specifically for the safeguards to be adopted against use and handling of hazardous substances by the occupiers of factories and the laying down of emergency standards and measures.
The amendments would also include procedures for siting of hazardous industries to ensure that hazardous and polluting industries are not set up in areas where they can cause adverse effects on the general public.
Provision has also been made for the workers' participation in safety management. Opportunity has been availed of to make the punishments provided in the Act stricter and certain other amendments found necessary in the implementation of the Act.
Some of the rules framed by the State Governments under this Section are:- A. Factories Welfare Officers Rules, U. Factories Safety Officers Rules, W. Welfare Officers Rules, I-L, p. Some of the rules framed by the State, in this behalf, are:- Rule 96 of the A. Factories Rules, and Rule 95 of the W. Factories Rules, Factories Rules, U. Factories Rules, and W. Acetic acid Acrylonitrile -Skin S. Aldrin -Skin Allyl Chloride Anisidine o, p-isomers -Skin Boron trifluoride-C Butyl acetate Butyl mercaptan Cadmium Dusts and Salts as Cd Calcium Oxide Carbaryl Sevin Carbofuran Furadan Skin, : denotes potential contribution to the overall exposure by the cutaneous route including mucous membranes and eye.
Amendment of Section 2 of Act 63 of Revolutionising Law Reporting! Install Now! Get it Now! Instant Activation! Mobile Username and password will be sent on this number :. Close Activate Trial Pack. Headlines with Full Text of Cases! Searchable Back Volumes from ! Searchable Back Volumes! With Searchable Back Volumes from ! Short title, extent and commencement. References to time of day.
Power to declare different departments to be separate factories or two or more factories to be a single factory. Power to exempt during public emergency. Approval, licensing and registration of factories. Notice by occupier. General duties of the occupier. Powers of Inspectors. Certifying surgeons. Disposal of wastes and effluents.
Ventilation and temperature. Dust and fume. Artificial humidification. Drinking water. Latrines and urinals. Fencing of machinery. Work on or near machinery in motion. Employment of young persons on dangerous machines. Striking gear and devices for cutting off power. Self-acting machines. Casing of new machinery. Prohibition of employment of women and children near cotton-openers.
Hoists and lifts. Lifting machines, chains, ropes and lifting tackles. Revolving machinery. Pressure plant. Floors, stairs and means of access. Pits, sumps, openings in floors, etc.
Excessive weights. Protection of eyes. Precautions against dangerous fumes, gases, etc. Precautions regarding the use of portable electric light. Explosive or inflammable dust, gas, etc.
Precautions in case of fire. Power to require specifications of defective parts or tests of stability. Safety of buildings and machinery. Maintenance of buildings. Safety officers. Power to make rules to supplement this Chapter. Constitution of Site Appraisal Committees. Compulsory disclosure of information by the occupier.
Specific responsibility of the occupier in relation to hazardous processes. Power of Central Government to appoint Inquiry Committee. Emergency standards. Permissible limits of exposure of chemical and toxic substances. Workers' participation in safety management. Right of workers to warn about imminent danger. Washing facilities. Facilities for storing and drying clothing.
Facilities for sitting. First-aid appliances. Shelters, rest rooms and lunch rooms. Welfare officers. Weekly hours. Weekly holidays. Compensatory holidays. Daily hours. Intervals for rest. Night shifts. Prohibition of overlapping shifts. Extra wages for overtime. Explanation 1. Explanation 2.
Restriction on double employment. Notice of periods of work for adults. Register of adult workers. Hours of work to correspond with notice under section 61 and register under section Power to make exempting rules.
Power to make exempting orders. Further restrictions on employment of women. Prohibition of employment of young children. Non-adult workers to carry tokens. Certificates of fitness.
Effect of certificate of fitness granted to adolescent. Working hours for children. Notice of periods of work for children. Register of child workers. Hours of work to correspond with notice under section 72 and register under section Power to require medical examination. Power to make rules. Power to make rules to supplement this Chapter. Provisions Relating To Hazardous Processes. Constitution of Site Appraisal Committees.
Compulsory disclosure of information by the occupier. Specific responsibility of the occupier in relation to hazardous processes. Power of Central Government to appoint Inquiry Committee. Emergency standards. Permissible limits of exposure of chemical and toxic substances.
Workers' participation in safety management. Right of workers to warn about imminent danger. Washing facilities. Facilities for storing and drying clothing. Facilities for sitting. First-aid appliances. Shelters, rest rooms and lunch rooms. Welfare officers. Weekly hours. Weekly holidays. Compensatory holidays. Daily hours. Intervals for rest. Night shifts. Prohibition of overlapping shifts. Extra wages for overtime. Restriction on double employment. Notice of periods of work for adults.
Register of adult workers. Hours of work to correspond with notice under section 61 and register under section Power to make exempting rules. Power to make exempting orders. Further restrictions on employment of women.
Prohibition of employment of young children. Non-adult workers to carry tokens. Certificates of fitness. Effect of certificate of fitness granted to adolescent. Working hours for children. Notice of period of work for children.
Register of child workers. Hours of work to correspond with notice under section 72 and register under section Power to require medical examination. Power to make rules. Certain other provisions of law not barred. Application of Chapter. Annual leave with wages. Wages during leave period. Payment in advance in certain cases. Factory act pdf dawnload.
The Factories Act, Act No. It deals with various problems concerning safety, health, efficiency and well-being of the persons at work places. Thakyou sir For helpful PDF and other information we does prear from god for long and healthy life. Save my name, email, and website in this browser for the next time I comment. Notify me of follow-up comments by email. Notify me of new posts by email.
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