The Factories Act 1948 consolidating and amending the law on workers at factories was passed by the Constituent Assembly on August 28, 1948. This act was approved by the Governor-General of India on 23 September 1948. And entered into force on 1 April 1949. It will apply in any plant where 10 or more workers are working. Or had worked any day in the preceding 12 months. And in any part where the manufacturing is carried out with the aid of one. The basic aim of India’s manufacturing. The act regulates employment conditions. And industrial production to certify security safety and well-being. Enact a regulation specific to Employees.
Importance of the Indian Factories Act 1948
The Factories Act 1948 is for strengthening & amending labour laws in factories. The intent of this Act is to safeguard the interests of workers to prevent exploitation. And to provide the welfare of these workers and other vulnerable populations. This act also places an obligation, duties, and responsibility on employees and also on the management of the factory. It’s applicable to any factory where ten or more persons working. Or if ten or more workers working on a day during twelve consecutive months. And at any stage of production which does not operate.
Objectives of the Indian Factories Act 1948
The objectives of the Factories Act 1948, are to regulate the working conditions in factories. To regulate health, safety welfare, and annual leave, and to enact a special provision in respect of young persons, women, and children who work in the factories.
Safety as per Factories Act 1948
Indian factories act 1948, ordered provide safety for the workers. And this act says that all the machinery should be fenced properly. And no young person shall work at any dangerous machine, in conned spaces. Hance, there should be provision for manholes of adequate size so that in case of emergency the workers can escape.
Working hours of worker
The factories act 1948, provides the provision of working hours for workers. According to the act, no adult worker shall be required or allowed to work, in a factory for more than 48 hours a week. There should be a weekly holiday.
Penalties and Procedure
The factories act 1948, makes the provisions of either any rules made under this Act or any order given in writing under the Act is violated. Otherwise it will be treated as an offense.
Provisions relating to hazardous processes
As per the Indian factories act 1948 the occupier/ Employer shall be in every factory where a hazardous process takes place. Or where any dangerous substances are used or handled in the factories. Then, Set up a Safety Committee consisting of an equal number of representatives of workers and management. To promote co-operation between the workers and the management. For maintaining proper safety and health at work and to review periodically the measures taken in that behalf.
It shall be the duty of such occupier, agent, manager, or the person in charge of the factory or process to take immediate remedial action. If the employee is not satisfied with the existence of such imminent dangers. Henceforth, he can send a report forthwith of the action taken to the nearest Inspector.
Special provisions as per Factories Act 1948
Special provisions for sitting and canteens etc.
As per the Indian factories act, It is the duty of the Employer to provide welfare facilities like lunchrooms, canteen, crèche, washing facilities, first-aid appliances, etc. to all workers and to appoint a welfare officer.
Annual leave with wages
As per the Factory act 1948, Annual leave with full wages is to be granted to all employees. For the purpose of ensuring the continuity of the work or services. The occupier or manager of the factory, in agreement with the Works Committee of the factory, constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947) or a similar Committee constituted under any other Act. Or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner. Then the workers may then file a plan, in writing with the Chief Inspector, to regulate the grant of leave admissible under this section or the Factory act.
Health & The inspecting staff
As per the Indian factories act, The Employer or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other people shall afford all facilities for such every, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.
For the welfare of the workers, the Indian factory act 1948 provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers.
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