3. Definition
“Factory” is defined in Sec 2(m) of the Act. It means any
premises including the precinct thereof :
1) 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
2) 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.
6. HEALTH
1) Cleanliness
2) Disposal of waste & effluents
3) Ventilation & Temperature
4) Dust & Fumes
5) Artificial Humidification
6) Overcrowding
7) Lighting
8) Drinking water
9) Latrines & Urinals
10) Spittoons
7. SAFETY
1) Fencing of Machinery
2) Work on or near machinery in motion
3) Employment of young persons on dangerous machines
4) Striking gear and device for cutting of power
5) Self - acting machines
6) Casing of new machinery
7) Prohibition of employment of women & children near cotton
openers
8.
9. WELFARE
1) Facilities for Hand wash
2) Facilities for Storing & Drying clothes
3) Facilities for Sitting
4) First - aid appliances
5) Canteens
6) Shelters, Restrooms & Lunch Rooms
7) Creches
12. The following have held to be a
factories:-
1) Salt works
2) A shed for ginning and pressing of cotton
3) A Bidi making shed
4) A Railway Workshop
5) Composing work for Letter Press Printing
6) Saw Mills
7) Place for preparation of foodstuff and
other eatables
13. Approval, Licensing & Registration of
factories [Sec.6]
1. Making an application to the Government or Chief
Inspector, along with the duly certified plans and
specifications required by the rules.
2. Sent to the State Government or Chief Inspectors by
registered post.
3. And no order is communicated to the applicant within 3
months from the date on which it is so sent, the permission
deemed to be granted.
4. If the application is rejected appeal can be made to the
government within 30 days of the date of such rejection.
14.
15. Occupier [Sec.2(n)]
• The person who has ultimate control over the affairs of
factory.
• It includes a partner in case of firm and director in case of a
company.
• In case of Government company, 'occupier' need not be a
director. In that case, person appointed to manage affairs of
the factory shall be occupier.
16. Notice by Occupier
The occupier shall, at least 15 days before he begins to occupy or use any
premises as a factory, send a notice to the Chief Inspector containing-
(a) The name and situation of the factory.
(b) The name and address of the occupier.
(c) The name and address of the owner of the premises.
(d) The address to which communications relating to the factory may be
sent.
(e) The nature of the manufacturing process.
(f) The total rated horse power installed or to be installed in the factory.
(g) The name of the manager of the factory for the purposes of this Act.
(h) The number of workers likely to be employed in the factory.
17. General Duties of Occupier
1.Notice to Chief Inspector (15 days before).
2. Approval of Building, Plant & the Machinery layout.
3. Application of Registration and grant of license.
4. Renewal of factory license.
5. At a time Renewal for 3 years
6. Obliged to comply with the Applicable
provision of the Act
7. Occupier shall ensure, the health, safety
and welfare of all workers while they are
at work in the factory.
18. The Inspecting Staff[Sec.8]
1. State government may appoint Chief Inspector, Additional
Chief Inspectors, Joint Chief Inspectors, Deputy Chief
Inspectors, and Inspectors.
2. Prescribe their duties and qualifications
3. Every District Magistrate shall be an Inspector for his district
4. Every inspector is deemed to be a public servant within the
meaning of the Indian Penal Code
19. Powers of Inspectors[Sec.9]
Enter factory premises for investigation
Examine the premises
Inquire into any accident or dangerous occurrence
Require the production of any prescribed register or
document
Seize, or take copies of, any register, record or other
document
Take measurements and photographs and make such
recordings
Exercise such other powers as may be prescribed
No person shall be compelled under this section to answer
any question or give any evidence tending to incriminate
himself .
20. Certifying Surgeon[Sec.10]
State Government may appoint qualified medical practitioners
to be certifying surgeons
Duties of surgeons
(a) the examination and certification of young persons under
this Act;
(b) the examination of persons engaged in factories in such
dangerous occupations or processes
(c) supervising the factories where
(i) cases of illness have occurred which are due to the nature
of the manufacturing process or
(ii) due to manufacturing process there is a likelihood of injury
to the health of workers or
(iii) young persons are employed in any work which is likely to
cause injury to their health.
21. Scope and coverage
• Regulates working conditions in Factories.
• Basic minimum requirements for ensuring Safety, Health &
Welfare of workers.
• Applicable to all the workers.
• Applicable to all Factories using power & employing 10 or
more workers and if not using power, employing 20 or more
workers on any day of the preceding twelve months.
• This Act extends to whole of India.