Introduction
Industry in India has marked a steady and tremendous growth since Independence.
People like Jawaharlal Nehru recognised it as one of the means to pull
India out of its
colonial part of underdevelopment into the twentieth century and as
the only solution to her economic difficulties. Much has been done to encourage
the growth of factories
and the development of technology. In fact the government tries its
best to ensure that the industrial units are protected and that a market
is available for their products.
Unfortunately, a similar concern is not shown to the workers who actually
produce the goods. More than 5.5. million workers are employed in some
80,000 factories in the
country .Despite the Factories Act of 1948, they remain at the mercy
of their employers , and are frequently exploited. This vicious circle
of official neglect and their own
ignorance of the Act, affects them both economically art d socially
and hampers the country 's industrial growth and prosperity. Hence
this booklet is an attempt to share the
knowledge of this Act with the workers.
The background
The Factories Act, 1948 was enacted to protect factory workers from
dangers to their health from machines and from bad working conditions in
the factory .It has detailed
provisions relating to the health, safety and welfare of workers as
well as concerning their working conditions, safety measures and other
facilities to enhance their welfare.
These include clauses such as the maximum number of hours a worker
may be employed in a factory, facilities of interval, for rest, off hours
and earned and other leave. The
Act also prescribes specific hours of work for women and children.
To whom does this Act apply?
It applies to every factory established in India, including the ones owned by the Government.
What is a factory?
A factory is any place where ten or more workers are engaged in a manufacturing
process, with the aid of power. It can also be a" place where 20 or more
workers are working,
without the aid of power. Mines, mobile units of armed forces, hostels,
or restaurants are not considered factories.
Explanation of other terms in the Act
Worker: A worker is a person employed in any manufacturing process.
He/she also need not be someone directly engaged in manufacturing
but only indirectly, as for
example, the person cleaning any machinery or the premises used for
such a process. This employment can be direct or indirect through any agency
including a contractor with
or without the knowledge of the principal employer. The members of
the armed forces are not included in this category.
Manufacturing process includes
1. making, altering, repairing, ornamenting, finishing, packing, oiling,
washing, cleanIng, breaking up,
demolishing or otherwise treating or adapting any
article with a view to its use, sale, transport.
delivery or disposal, or
2. pumping oil, water, sewage or any other substance, or
3. generating, transforming or transmitting power, or
4. composing types for printing, printing by letter press, lithography,
photogravure or other similar
processes of book binding, or
5. constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels, or
6. preserving or storing any article in old storage.
Power
It means electrical energy, or any other form of mechanically transmitted energy which is not agency generated by human or animal agency.
Is the approval, licensing and registration of factories compulsory?
Every employer is required to obtain prior permission from the State
Government for the site where he proposes to construct and/ or extend the
factory. In this respect, he has
to submit the plans and specifications of construction for certification
and approval to the Chief Inspector of Factories or the State Government.
Health, Safety and Welfare of Workers
Every employer is required to provide and maintain these facilities in his factory to ensure proper safeguards to the health of the workers.
Cleanliness
The employer will keep the factory clean and free from effluvia arising
from any drain or other nuisance. Dirt and refuse should be removed daily.
Floors will be cleaned
every week by washing with disinfectant. Wet floors will be dried up.
Walls and ceilings, if painted, should be repainted at least once in 5
years. Washable water-paint will
be repainted with at least one coat at least once in 3 years and washed
at least once in every 14 months. White-wash and colour-wash will be done
once in every 14 months.
Disposal of wastes, ventilation and temperature
The employer should make effective arrangements for the disposal of
all industrial wastes and effluents. To provide fresh air and reasonable
conditions of comfort to prevent
any injury to the health of the workers, the employer must maintain
effective and adequate provisions. Walls and roofs should be made of such
material and be so designed as
to prevent high rise of temperature. White-wash, spray insulation and
screen should be used to keep the temperature at the specified level.
Dust and fumes
To prevent inhalation or accumulation of dust and fumes injurious or
offensive to the workers, the employer must take effective measures for
their exhaust from the
workrooms.
Artificial humidification
If humidity in a factory is lessened due to its manufacturing process
the employer must make arrangements for artificial cooling of air in the
workrooms, using clean and
wholesome water from public supply.
Overcrowding
The employer must avoid overcrowding lest it endangers the health of
the workers in any room of the factory. There should be at least 500 cubic
feet of space for every
worker. In calculating this, no account will be taken of space more
than 14 feet above ground level.
Lighting
The employer must provide and maintain sufficient and suitable natural
and artificial lighting in the factory rooms. Steps must be taken to avoid
glare, reflection or shadow
that can cause eye-strain or risk of accident to any worker.
Drinking water
Sufficient supply of wholesome waer must be maintained by the employer
at suitable and convenient points. The containers must be legibly marked
'Drinking Water' and kept
at a distance of not less than 20 feet from any washing place, urinal
or latrine. If a factory employs 250 workers its employer must arrange
for cool drinking water during hot
season.
Latrines and urinals
An employer must construct separate enclosed accommodation for latrines
and urinals for male and female workers, conveniently situated and accessible.
These should be
adequately lighted, ventilated and maintained in a clean and sanitary
condition by sweepers employed by the employer. In a factory with 250 or
more workers all latrines and
urinals will be of a prescribed sanitary type.
Spittoons
In every factory a sufficient number of spittoons should be kept at
convenient places. No person shall spit within the premises of the factory
except in the spittoons.
Offenders should be punished with a fine not exceeding Rs. 5.
Safety Measures
The Act makes it obligatory for the employer to ensure the following safety measures for the workers. He shall arrange :
1. Fencing of all dangerous and moving parts of the machinery while these are in motion or in use;
2. Covering of all pits, dumps and openings which may be a source of danger to the workers;
3. Keeping floors, stairs and other means of access safe for the workers;
4. Casing of new machinery;
5. Encasing and guarding of every set of screw, bolt, spindle, wheel or pinion;
6. Ensuring safe working pressure in pressure plants and machinery operated
at pressure above
atmospheric pressure;
7. Supply of safety applications like goggles, safety boots, gloves and others;
8. Provisions of means of escape in case of fire and a warning system
in case of fire explosives.
inflammable dust or gas;
9. Sundry necessary precautions against fire, dangerous fumes, risk
of injury to eyes, lifting of excessive
weights, and excessive speed of revolving machinery;
10. All hoists, lifts, lifting machinery, chains and ropes are to be
of good mechanical construction, sound
material and adequate strength. These are
not to be loaded beyond the safe working load which is to
be clearly marked thereon and are also to
be sufficiently protected by enclosures fitted with
interlocking gates. The gates are also to
be maintained properly and examined thoroughly at a
prescribed periodicity;
11. The examination, mounting or shipping of belts or lubrication, or
other adjustment must be done by
a specially trained adult male worker
wearing tight fitting clothing supplied by the employer;
12. No woman or child is to be employed in any part of a factory for
pressing cotton in which a cotton
opener is at work;
13. Women and young persons are also prohibited to clean, lubricate
or adjust any part of an electric
motor or any transmission machinery
when these are in motion.
14. Young persons are also not allowed to work on any dangerous machines
without adequate training
and supervision.
Welfare Measures
Every employer has to provide the following prescribed facilities of welfare to the workers employed in the factory.
Washing facilities
Every employer is required to provide adequate, suitable, separate and
properly screened facilities for washing for the use of male and female
workers. These should be
conveniently accessible and kept clean.
Storing and drying facilities of clothes
The employer will provide a place suitable for keeping the clothes not worn during working hours and for the drying of wet clothes by the workers.
Sitting facilities
The employer should provide and maintain suitable sitting facilities for all workers who are required to work in a standing position.
First aid appliances
The employer must provide and maintain first aid boxes or cupboards,
filled with the prescribed contents. There should be atleast one such box
for every 150 workers,
accessible to the workers during all working hours. In a factory with
500 or more workers the employer must provide and maintain an ambulance
room in the charge of
prescribed medical and nursing staff. It will contain the prescribed
equipment and its facilities must always be readily available the workers
during the working hours of the
factory .
Canteens
If a factory employees 250 or more workers the employer shall provide
and maintain canteen facilities for the workers. It should be run in accordance
with government rules
on its construction,
furniture, other equipment, food to be served and constitution of the
managing committee.
Shelters, rest rooms and lunch rooms
Every factory employing more than 150 workers should have the
provision for rest rooms. A room with drinking water facilities should
be earmarked for their lunch and
rest. However, if a canteen is already maintained by the employer no
such provision is necessary.
Creches
In a factory where more than 30 women are employed, the employer shall
provide and maintain a creche for the use of their children below the age
of 6 years. The rooms must
be well
maintained in a sanitary condition, adequately lighted and ventilated,
and should be under the charge of women trained in the care of children
and infants. The government can
also make rules to get employers to provide for the washing and changing
of clothes, supply of free milk or refreshment or both. The employer should
allow the mothers to
visit the children and feed them at necessary intervals.
Working Hours
For adults
I. Weekly hours -No adult worker shall be required or allowed to work
in a factory for more than 48 hours
in a week.
2. Weekly and compensatory holidays: Every worker shall be allowed a
day off every week. The first day
of the week i.e. Sunday will be given as a holiday.
However, with the permission of the inspector the
day off, can be given on any other day of the week.
If a worker is deprived of his/her weekly holiday,
he/she shall be allowed a substitute holiday on
any other day within that month or not later than the
two months that follow.
3. Daily hours: No adult shall be required or allowed to work in a factory for more than 9 hours a day.
4. Interval for rest: The worker shall be given an interval for rest
at least, for half an hour per every
5 hours of his working day in the factory .
5. Spread over of working hours: The period of work of an adult worker
shall be so arranged, that,
including his interval for rest, they should not
spread over more than 10 hours on any day.
6. Shifts: For a worker engaged on night shift, weekly or compensatory
holiday means an off of
consecutive 24 hours. The shifts should not be so
arranged that more than one relay of workers is
engaged in work of the same kind at the same time.
7. Overtime: If a worker works for more than 9 hours in any day or more
than 48 hours in a week, the
employer will pay him/her wages at double the rate
of his/her normal wages.
8. Double employment prohibited: No worker should be allowed or required
to work in two factories
during the same period.
Employment of children and adolescent workers
Child is a worker who has completed 14 years of age. Adolescent is a worker who is above 15, and below 18 years of age. They are called young persons.
A child or adolescent worker may be allowed to work in a factory if,
1. a certificate of fitness is issued to him by the Certifying Surgeon
and is kept in the custody of
manager of the factory and
2. he wears a token while at work, giving reference to the certificate.
The Certifying Surgeon issues the
certificate of fitness after a thorough check up
ascertaining the fitness of the child or adolescent, to
work in a factory. Application for such examination
is made either by the worker himself or his
guardian.
The application should be attached with a document signed by the factory
manager stating that the person will be employed by him if certified to
be fit. Also the manager can
apply for such an examination.
After examination, the certifying Surgeon may grant the certificate of fitness to a person to work as a child or as adult or as adolescent.
The certificate proves that the certifying Surgeon is satisfied that
the young person has completed his/her l4th or 15th years, has attained
the prescribed physical standard and
is thus fit for such work.
A certificate is valid for 12 months and can thereafter be renewed.
It can be revoked at any time by the certifying Surgeon if the holder is
no longer fit to work. When a
certifying Surgeon refuses to grant or renew a certificate, he should
if requested, state his reasons in writing. The employer should pay the
fees for the certificate.
Working hours for children
No child should be employed or permitted to work in any factory for
more than 4 hours in any day and during the night. The work period of children
should be limited to two
shifts not overlapping or spreading over more than 5 hours. They
should be entitled to a weekly off, just like an adult worker. A notice
should be displayed in the factory by
the employer showing clearly the period of work for children. He should
also maintain a register of child workers indicating their names, nature
of work, group, shift and the
numbers of their certificate of fitness. (A similar register is required
to be maintained by the employer also for the adult workers.)
An inspector can direct the manager of a factory to have a child or
adolescent worker examined by a certifying surgeon if he feels that a person
working in the factory without
a certificate is a young person or is no longer fit to work. in the
capacity mentioned In the certificate issued to him.
Employment of Women
While all the provisions of the Factories Act, relating to the adult
workers are applicable to adult women workers, the following special provisions
provide them with
additional safeguards.
I. Women cannot be employed to work on or near machinery in motion.
2. Women are prohibited to work near cotton openers.
3. Provision of a creche is to be made by the employer if there are
30 or more female workers in the
employment of the factory.
4. No woman shall be required or allowed to work in a factory after
7 p.m. and before 6 a.m. With
specific permission of the Government, however,
women workers can be permitted to work in a
factory until 10 p.m. and after 5 a.m. The main
reason for fixing the prescribed hours of work for
women is that they also have to look after their
domestic duties.
5. If the work in a factory, exposes the worker to serious risk of bodily
injury, poisoning or disease, the
Government may prohibit the employment of women
in such factory.
Annual Leave with Wages
Factory workers are entitled to annual leave with wages according to the provisions mentioned below:
1. A worker is required to complete 240 days or more of service, during
a calendar year in order to be
entitled to annual leave with wages the next calendar
year.
2. For computation of 240 days, the period in respect of the following shall be treated as period of duty;
i. Layoff
ii. Maternity leave to a female worker
ii. Leave earned in the previous year
Note
Lay off means the inability, failure or refusal by the employer to provide
work to a workman, whose name is borne on the master roll (register of
employment) of the
employer and who is not a casual or badli worker and who has not been
retrenched within 2 hours of his reporting for duty at the scheduled hour
of work. The layoff may arise
due to shortage of coal, power or raw material breakdown in machinery
, accumulation of stocks with the employer, or any natural calamity or
connected reason. In this case,
the worker is entitled to 50% of his ordinary wages as layoff compensation
for the days of the layoff. A female worker is entitled to a maximum 12
weeks maternity leave for
the purpose of computing 240 days of service.
3. An adult worker is entitled to one day's leave for every 20 days of work in the previous calendar year.
4. Similarly a child worker earns one day's leave for every 15 days of work.
5. Leave admissible is exclusive of all holidays whether occurring during
or at the beginning or end of the
period of leave.
6. In the case of a worker who is,
1. discharged or dismissed from service or
2. leaves the service at his own, or
3. is superannuated (retired as is commonly said)
or
4. dies while in service,
he or his heir shall be entitled to wages in lieu of the quantum of
leave, calculated, at the rate of one day's leave for 20 days of work for
adults and one day's leave for 15 days
of work for a child, even though he or she has not completed 240 days
of service.
7. The wages payable, as stated in the preceding paragraph, will be
payable before the expiry of the
second working day to a worker, if he is discharged,
dismissed or quits employment. If the worker
retires or dies, the wages should be paid within
two months of such retirement or death:
8. In calculating the leave period, fraction of leave of half a day
or more shall be treated as one full day's
leave and fraction of less than half a day shall
be ignored.
9. Leave not availed of by a worker during a year shall be carried forward
and added to the leave
admissible for the ensueing year, subject to a maximum
of 30 days in the case of a child worker.
However, the annual leave not allowed by the employer
for Any reason shall be carried forward
without any limit.
10. A worker is required to apply for annual leave with wages at least
15 days before the date on which
he/she wishes his leave, to begin, the leave
period. In a public utility service, however, the
application should be submitted at least 30
days before the worker wishes to proceed on Ieave. For the
leave on medical grounds, such notice is not
necessary.
11. A worker can avail of annual leave with wage for a maximum of three times in a year.
12. For regulation of the grant of leave the manager may draw up a scheme,
in consultation with the
Workers' Committee or the representatives
of the employees, and get it approved by the Chief
Inspector of Factories. The scheme will be
displayed conspicuously in the factory and be valid for
one year. It can be renewed further on a year-to-year
basis on application to the Chief Inspector of
Factories.
13. The application for leave should not be refused by the employer
unless it is not in accordance with
the Scheme of regulation of grant of
leave.
14. The unavailed leave of a worker should not be taken into account
in computing the notice period if
any required before discharge or dismissal.
15. A worker shall for the leave allowed to him be paid wages equal
to his daily average wage for the
month immediately preceding his leave.
Payment of wages for annual in advance
1. An adult worker, who has been allowed annual leave with wages, for
not less than 4 days, can draw
wages in advance for the period of leave.
2. A child worker can draw his wages in advance, for the leave period
if he goes on leave for not less
than five days.
Note
1. The provisions of the Factories Act, 1948, regarding the employment
of children are in addition to the
provisions of the Employment of Children Act, 1938.
2. The provisions of the Annual Leave with Wages of the Factories Act,
1948, shall not affect any right of
the workers under any other law, award, agreement
or contract of service.
3. In every such industry where 100 or more workmen are employed, the
employer shall constitute a
Workers Committee which will have equal representatives
of the employees and employer.
4. Award means an interim or final decision of an Industrial Dispute
by a Labour Court, Industrial
Tribunal, National Tribunal or Arbitrator.
Enforcing Authority
Inspecting staff
The State Governments administer and enforce this Act. The government
may appoint a Chief Inspector to administer the Act throughout the State.
It may appoint Inspectors
and assign them 'such areas as it may think necessary. It may also
appoint Additional Chief Inspectors, Joint Chief Inspectors and Deputy
Chief Inspectors to exercise such
powers of the Chief Inspector as may be specified. Every District Magistrate
is an Inspector for his district. The act of a District Magistrate as an
Inspector is an executive act
and not a Judicial act. The Inspectorate Staff is deemed to be public
servants within the meaning of the Indian Penal Code. No person who is
or becomes directly or indirectly
interested in the affairs of a factory can act as its Inspectorate
Staff.
An Inspector may enter, alone or with assistants, the premises of a
factory, may conduct examination of the premises, plant and machinery,
require production of registers or
other documents, and take statements of any person on the spot or otherwise;
but no person can be compelled to answer any question or give evidence
tending to incriminate
himself.
An Inspector has power to demand the medical examination of child or
adolescent workers and to takes samples of any substance used in the factory
if it is suspected to be
injurious to the health of the workers.
Whoever wilfully obstructs an Inspector in the exercise of his powers
or fails to produce on demand any register or document, shall be punished
with imprisonment up to 3
months or with fine
up to five hundred rupees or with both.
Certifying surgeons
The State Government may appoint qualified medical practitioners to
carry out duties prescribed by the Government with respect to factories.
Such duties include
examination and certification of young persons' fitness to work in
factories of cases of illness and of any work likely to cause injury to
the health of workers.
Safety officer
In every factory where 1000 or more workers are ordinarily employed
and its manufacturing process involves risk of bodily injuries to the workers,
the employer shall
appoint safety officers as prescribed by the Government.
Welfare officer
In every factory where 500 or more workers are ordinarily employed, its employer must appoint welfare officers specified by the Government.
Special cases
The government can also apply the provisions of the Factories Act to the following establishments.
1. Where the number of persons employed is less than
10, if
working with the aid of
power,
2. less than 20, if working without the aid of power.
But this provision does not apply if the owner is carrying on the manufacturing process with the aid of his own family members.
The Government may exempt any workshop where a manufacturing process
is carried on and attached to a public institution maintained for the purpose
of education, training,
research or reformation.
Notice of certain accidents and diseases
If an accident occurs in any factory causing death or bodily injury
or prevents a worker from working for more than 48 hours, the manager must
immediately send notice of
this to the prescribed authorities (i.e Labour Commissioner). The authorities
should also make an enquiry into the cause within one month of the receipt
of the notice. If a
worker contracts some disease specified in the schedule to the Act,
(given below) the manager has to send notice to the prescribed authorities,
within the specified time and on
the prescribed form. the medical practitioner who attends on the such
a person should also send a report to the Chief Inspector without delay
giving the patient's name,
address, nature of disease, name and address of factory. He can be
fined up to Rs.50 if he defaults, in this regard. The government may conduct
an enquiry into the causes of the
accident or disease.
The schedule
List of Noticeable Diseases
1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae.
2. Lead tetra-ethyl poisoning.
3. Phosphorus poisoning or its sequelae.
4. Mercury poisoning or its sequelae.
5. Manganese poisoning or its sequelae.
6.. Arsenic poisoning or its sequelae.
7. Poisoning by nitrous fumes.
8. Carbon bisulphite poisoning.
9. Benzene poisoning including poisoning by any of its homologues,
their intro or amido derivatives or
its sequelae.
10. Chrome ulceration or its sequelae.
11. Anthrax.
12. Silicosis.
13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the alphatic series..
14. Pathological manifestations due to (a) radium or other radioactive substances; (b) X-rays.
15. Primary epitheliomatous cancer of the skin.
16. Toxic Anaemia.
17. Toxic jaundice due to poisonous substances.
18. Oil acne or dermatitis due to mineral oils and compound containing mineral oil base.
19. Byssionsis
20. Asbestosis.
21. Occupational or contract dermatitis caused by direct contact with
chemicals and paints.
These are of two types i.e. primary
irritants and allergic sensitisers.
22. Noise induced hearing loss because of exposure to high noise levels).
Safety and
Occupational Health Surveys
These surveys are carried out by the Chief Inspector, Director General
of Factory Advice Service and Labour Institute, the Director General of
Health Service or any such
Officer as may be authorised. They can examine and test the plant and
machinery and collect samples or other data.
Offences and Penalties
Offences
1. Violation of the Factories Act, 1948 and rules made thereunder by
the employer or occupier (Occupier
is the person who has ultimate control over the
affairs of the factory).
2. Violation of the Act and rules made thereunder by the workers.
3. Obstructing an Inspector while performing his duties.
4. Wrongful disclosure of the results of the analysis of samples
5. Using false certificates of fitness.
6. Double employment of a child.
General penalty
1. For non-observance of any provisions of the Act and rules,
the employer and manager shall be guilty
of offence and punishable with imprisonment
up to three months or with fine up to Rs. 2000 or with
both. If the offence is continued, even after
conviction a further fine of Rs. 75 per day during the
continuance of default will be imposed.
2. If any provisions relating to safety of workers are violated, a
a result of which an accident is caused
and a death takes place, fine shall
not be less than Rs. 1000. In case the accident causes serious
bodily injury, a fine not less than Rs. 500 will
be imposed.
Enhanced penalty
A person who has been convicted of an offence earlier. as stated above,
under the general penalty. and is again found guilty of the some offence,
shall be punished. on being
convicted again with imprisonment for a term which may extend to 6
months or with a fine of not Iess than two hundred rupees but which may
extend to five thousand rupees
or with both. However, the Court may, for any adequate and special
reasons to be mentioned in the judgement, impose a fine of less than two
hundred rupees. Where the
contravention has resulted in an accident causing death or serious
bodily injury, the fine will not be less than two thousand rupees in the
case of death and one thousand rupees
in the case of serious bodily injury.
Offences by workers
If any worker does not observe any provisions of the Act, he will be
punished with a fine up to
Rs. 20.
Penalty for using a false certificate
A worker using a false certificate or attempting to use such a certificate
or who knowingly allows a false certificate to be used shall be punishable
with imprisonment up to
one month or a fine up to fifty rupees or both.
Penalty for permitting double employment of child
The parent or guardian of a child or any other person having charge
of the child or gaining direct benefit from the wages of the child shall
be punishable with a fine of upto
fifty rupees for allowing the child to engage himself in double employment.
Cognizance of offences
No court shall accept any offence under this Act except on complaint
by, or with the previous sanction in writing of an Inspector of Factories.
Offences under this Act will be
tried only by a Presidency or a First Class Magistrate.
The complaint must be filed within three months of the date of the alleged
commission of offence coming to the knowledge of an Inspector. However,
the complaint
regarding disobedience of the written order of the Inspector can be
made within six months of the commission of the alleged offence.
Appeal
The manager of the factory served an order in writing by the Inspector,
may, within thirty days of the service of order, appeal against it to the
appellate authority, who may
confirm, modify or
reverse the order, subject to the rules.
Display of notices
The employer should display in the factory abstracts of the Act containing
the main points relating to workers' welfare in the factory. The notice
should have the names and
addresses of the Inspector and Certifying Surgeon. The notice should
be written in English and in the language understood by the majority of
workers and displayed at an
easily seen place in the factory, preferably near the . It should be
maintained in a clean and legible condition.
Protection for action taken in good faith
Any suit, prosecution or legal proceeding should not lie against any person for an act in good faith done under this Act.
Restriction on disclosure of information
No Inspector, while ill service or after Ieaving the service, should
disclose any information, which may come to his knowledge in the course
of his duties. Non-observance of
this provision will attract penalty of punishment up to six months
or a fine up to one thousand rupees or both.
Liability of owner of premises in certain cases
Where more than one factory is situated in leased or rented premises,
the owner of the premises will be responsible for providing and maintaining
common facilities like
approach roads, drainage, water supply, lighting and sanitation. Where
independent or self-contained floors or flats are leased to different factories,
the owner is liable for
the provision and maintenance of latrines, urinals. washing facility,
supply of water, safe means of access and stairs, precautions in case of
fire, hoists and lifts.
Obligations of workers
No worker shall wilfully interfere with or misuse any appliance, convenience
or other thing provided to ensure safety and for securing the health and
welfare of workers. He
will also not wilfully and without reasonable cause do anything likely
to endanger his own life and that of others.
He will not wilfully neglect to make use of any appliance or other thing provided by the employer in the factory for securing the health or safety of workers.
Any contravention of these provisions will im pose penalty on the worker to the extent of three months imprisonment or fine up to one hundred rupees or both.
Conclusion
The present Factories Act in operation for the last 37 years has provided
ample benefits to the factory workers. It has considerably improved their
working and employment
conditions. The Government is actively considering the introduction
of some vital amendments to the Act to keep It in tune with time and make
it more effective. It is,
however necessary that the workers and their representatives make themselves
aware of the various provisions of the Act and safeguard their interests
on their own and force
the defaulting employer to be conscious of his legal obligations.