The factories Act, 1948: Health, Welfare and working hours of adult’s.

 

Background History of factory legislation:

The factory legislation in India is established at a large scale of factory industry. In India, the first Factories Act was passed in 1881 by which children were allowed to work for 9 hours a day and from age of 8 onwards. With the growth of the industrial sector, demand for growth of industries set up also increased. This demand came out in the form of legislation i.e, the Factories Bill, was introduced in 1948.

The objective of the Factories Act, 1948

The main objective of this act is to provide work to labour class for their livelihood. It provides the employees to work in healthy and hygienic conditions. This act also provides employees with various benefits for their safety.

In State vs. Ardeshir Hormusji, it has been stated that ‘ the main objective of the legislation is to regulate the labour and to pay adequate attention regarding health and safety by the employer.[1]

Health

Section 11-20 of the act states about health facilities provided to the employees by the employer.

           Cleanliness: Every factory shall be kept clean and must be away from any drain or other unhygienic place.

  The Act also states that it is the right of an employee to work in a healthy and hygienic area. The workroom shall be cleaned at least once in every week by washing. There must be walls and partition in the workroom.

           Disposal of wastes: The act states that effective arrangements should be made by the employer in view of safety purposes.

           Ventilation and temperature: Adequate ventilation and fresh air service should be there. As the temperature of the room should be adequate.

           Dust and fume: In every factory, there is a work process for various hours. As due to this, dust and fume also arise out. So it can be injurious to workers health and condition. In order to protect this, there is a provision under this act that there should be proper exhaust appliance to prevent inhalation of such dust and fume.

           Lighting: In every part of the factory, where workers are working shall be provided suitable Lighting facility. There should be proper windows and cleaning in every workroom.

           Drinking water: In every premises, there should be a proper facility of safe and healthy drinking water for the employees. The place of drinking of water shall be at a hygienic place of the factory.

           Latrines and urinals: Sufficient latrine and urinals facility should be available within the factory. There should be a separate accommodation facility for women’s and men’s worker. It should be properly neat and clean. Sweepers shall be employed for the cleaning.

           Spittoons:  In every factory, there should be a sufficient number of spittoons places and should be maintained in a clean condition.

Welfare

Section 42-50 states the provisions related to the welfare of the employees under the factories act, 1948.

           Washing facilities: In every factory, there should be proper and suitable facilities for washing. A separate area should be provided to male and female workers.

           Facility of sitting: In every factory premises suitable place for keeping clothing not worn during working hours and for the drying of wet clothing.

           First-aid appliances: Each and every factory should provide a proper first-aid facility to the workers in order to prevent any kind of serious harm during the working hours.

           Canteens: The state government also make rules regarding the requiring of a canteen facility where workers are more than two hundred and fifty.

           Crèches: In every factory where more than thirty women workers are employed shall be provided suitable room for the use of children, under the age of six years. Free milk or refreshment should be provided by the employer.

Working hours of Adults

Section 51-66 states about the provisions related to working hours of adults under the factory act.

           Weekly hours: No worker shall be required to work in a factory for more than forty-eight hours in any week.

           Daily hours: No worker shall be required to work in the factory more than nine hours a day.

           Extra wages for overtime: Every worker within the factory who works more than nine hours in a day or forty-eight hours in a week, shall be entitled to get extra wages as the rate of twice of ordinary wages. The registers shall be required to be maintained in a factory for the purpose of security.

           Restriction on double employment: No adult worker shall be allowed to work within the factory if he is working already in another factory. Double employment under this act is prohibited by the state government.

           Register of adult workers: The manager of every factory shall register every worker for the purpose of security and inspection issues.

           Name of each worker of the factory

           Nature of his work

           Place of residence

           Other particulars as may be prescribed.         

           Further restrictions on employment: No exemption may be granted in respect of the women. The rule under this act shall be applied equally to both men and women.

No women shall be allowed to work in the factory except for the working hours of 6 a.m and 7 p.m.

There shall be no shift of female worker expect weekly holiday[2]

Conclusion:

The factories act has provided various facilities for the working class. It provided them with respect to their work. The employer works as a backbone of the factory which provides health, safety and welfare of the workers. At last, employees also must get aware of their rights and duties in order for the protection of infringement of their rights.

Reference:

[1] AIR 1956 Bom. 219.

[2] The factories (Amendment) Bill, 2016

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