The Factories Act, 1948

 

Labour problems and inspector raj are frequently associated with factories. HR managers must be familiar with this legislation, whether it be for multiple compliances or for any laws about working conditions. Although it is still not standard practice for family enterprises, more and more large organizations, particularly MNCs, are now engaging consultants and training institutes that can train their HR managers about compliance with the Factories Act.

If you work in an organization that deals with manufacturing or has factories, then you need to know about this act whether your organization takes the initiative or not. 

This act prescribes the fundamental rights and interests of the workers, and the guarantee to provide them with basic amenities like proper sanitation, ventilated workspace, safety for using machinery, etc. The maximum working hours prescribed are at most 48 hours a week. Compliance with this act can act as a boon for this company as it can effectively avoid labour conflicts in the future.

The main objectives of the Indian Factories Act, of 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave, and enact special provisions in respect of young persons, women, and children who work in the factories.

Working Hours:-  According to the provision of working hours for adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week. There should be a weekly holiday.

Health:-  For protecting the health of workers, the Act lays down that every factory shall be kept clean and all necessary precautions shall be taken in this regard. The factories should have a proper drainage system, adequate lighting, ventilation, temperature, etc.

Adequate arrangements for drinking water should be made. Sufficient latrines and urinals should be provided at convenient places. These should be easily accessible to workers and must be kept clean.

Safety:- To provide safety to the workers, the Act provides that the machinery should be fenced, no young person shall work at any dangerous machine, and in confined spaces, there should be provision for man¬holes of adequate size so that in case of emergency the workers can escape.

Welfare:-  For the welfare of the workers, the Act provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers. Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters, rest rooms and lunch rooms, and crèches, should be there.

Penalties:- The provisions of The Factories Act, 1948, any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offense. The following penalties can be imposed:-

(a) Imprisonment for a term that may extend to one year;

(b) Fine which may extend to one lakh rupees; or

(c) Both fine and imprisonment.

If a worker misuses an appliance related to the welfare, safety, and health of workers, or about the discharge of his duties, he can be imposed a penalty of Rs. 500/-.

Applicability of Factories Act, 1948

The Act applies to any factory 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 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, or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place.