Saturday, June 13, 2009

What should a factory owner know about Factories Act-1948

Application for Approval of Site-Plan (SECTION-6, Rule 3 & 4).No building shall be constructed or extended on any site on which a factory is to be situated without the prior permission of the Chief Inspector of Factories, Haryana.
Application for permission shall be made in prescribed FORM-NO-1(FA) to the Chief Inspector of Factories, Haryana S-C-O. 82-83, 3rd Floor, Sector-17-C, Chandigarh.
The Application shall be accompanied by:-
FORM NO-I-A(FA) attached with questionnaire for detailed guidance.
A flow chart of manufacturing process supplemented by a brief description of the process in its various stages.
Plans, in triplicate, drawn to scale, showing:-
The site of the factory and immediate surroundings including adjacent building and other structures, roads, drains etc.
The Plan of elevation and necessary cross sections of the various building are also required which indicate relevant details relating to natural lighting, ventilation and means of escape in case of fire.
The plans may also clearly indicate the position of the plant and machinery, aisles and passage -ways, drinking water point, washing place, cloth storage facility and toilets.
The site plan should be drawn to a minimum scale of 100'=1" and the other plans drawn to a minimum scale of 10'=1".
A Certificate of stability should be submitted to the Chief Inspector of Factories in FORM-I-B(FA) duly signed by competent authority at the time of completion of the construction of a Factory or a part of a factory where the manufacturing process to be carried on with the aid of power.
If the Chief Inspector is satisfied that the plans are in consonance with the requirement of the Act, he may approve them by signing and returning to the Applicant one copy of each plan.
A Civil Engineer or Architect or its equivalent having degree in their respective field with at least 10 years experience in design &construction of industrial buildings is the competent person to certify the plans, and specifications or to sign FORM NO-I-B(FA).
The minimum internal height of the work rooms should be 14' feet in case the roof is of cement sheets and 16', if the roof is of corrugated iron sheets.
The minimum height may be 12' if the building is having a brick or concrete roof or a combination of two.
There should be at least 36 square feet of floor space exclusive of that occupied by machinery and a breathing space of at least 500 cubic feet for each person employed in any room of a factory where mechanical or electrical power is used.
Particulars of each work room shall be entered in FORM-I-A(FA) & shown to the Inspector when required .
Application for Registration & Grant of Licence (Rules 7,8,9 & 10)
The Occupier shall submit on prescribed application in FORM-NO-2(FA) in triplicate for the registration of the factory and for the grant of licence.
Note:An additional registration fee at the rate of thirty rupees per worker shall be charged if dangerous operations as specified in Rule-102 are carried on in a factory.
The fee should be deposited into the local treasury under the head account No.–"0230-Labour & Employment-104-Fee realized under the Factories Act, 1948". A license shall be granted by the Chief Inspector of Factories. (FA)
An occupier shall not use any premises as a factory or carry on any manufacturing process unless a valid license has been obtained.

Amendment of Licence.
The occupier shall apply for amendment of the current licence when quantity of horse –power or the number of persons employed exceeds or a change of the name of the occupier or location of the factory etc.
The licencee should submit an application stating the nature of the amendment and reason thereof within one month to the Chief Inspector of Factories.
The fee for the amendment of a licence shall be thirty rupees plus the amount which is payable due to change of Horse-Power or the employees, fee originally paid at the time of grant of licence.
If the occupier fail to amend the required changes within prescribed time, an excess fee as levy to the extent of 25% will be charged.
The Notice of change of manager and occupation are also required to be given to the Chief Inspector of Factories in Form No.2-A(FA) and Form No.-2(FA) respectively and submitted in quantuplicate.
Every Licence granted or renewed shall remain in force up to the 31st December of the year for which the license is granted or renewed.
Renewal of Licence
An application for renewal of Licence should be submitted in prescribed FORM-NO-2(FA) in triplicate along with the original licence granted for the previous year.
The application should also be accompanied by the Treasury challan as renewal fee.
The fee for renewal of license or the additional fee for dangerous operations are the same which is charged for the grant of license.
The application for renewal of licence should reach the Chief Inspector of Factories, Haryana along with required fee &original license by the 1st December of the preceding year.
If such application is not made within prescribed time, an additional fee equal to 25% of the license fee shall be charged as levy.
If the application for the grant, renewal or amendment of license is rejected by the Chief Inspector of Factories, the fee already paid shall be refunded to the applicant.

Transfer of Licence
The occupier may apply to the Chief Inspector of Factories for permission to transfer his license to another person before the expiry of license.
A fee of Rs. 30/- shall be charged on such application.
For Duplicate of Licence
A duplicate licence may be granted on payment of a fee of Rs. 30/- if the original licence is lost, defaced or accidentally destroyed.
If a licensee dies or becomes insolvent, the person carrying on the business of such licencee shall make an application for the amendment of licence in his own name for the unexpired portion of the original licence.
Obligations of an Employer
An employer is under statutory obligation to safeguard the health, safety and welfare of workers through proper maintenance of plant, machinery and appliances and instructions trainee supervisions over workers to ensure the health and safety of all workers at work.
Health Provisions
Safety Provisions
Welfare Provisions

Health Provisions
The following provisions have been incorporated in the Factories Act to protect the health of workers. Every factory must be kept clean and free from effluent arising from drain or other nuisance.
All inside walls and partitions, all ceilings or tops of rooms and walls, sides and tops of passages and staircases shall be painted or all doors and windows varnished within prescribed time.
The record of dates on which whitewashing, varnishing etc. are carried out shall be entered in a register on FORM-7(FA). (Section 11)
Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to manufacturing process carried on therein so as to render them innocuous, and for their disposal, (Section 12)
Adequate Ventilation by the circulation of fresh air shall be made in every factory. (Section 13)
Walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable.
In any factory where dust or fume is given off in any manufacturing process which is likely to be injurious or offensive to the workers, effective measures must be taken to prevent the inhalation of the dust or fume. Any exhaust appliance must be installed near the dust point. (Section 14)
There must not be overcrowding in any room of a factory to an extent injurious to the health of the workers. (Section 16)
A minimum of 500 cubic feet of space per workers must be provided to avoid overcrowding.
Every part of the factory must be provided with sufficient and suitable lighting, natural or artificial or both. (Section 16)
Arrangement shall be made to provide and maintain at suitable points sufficient supply of wholesome drinking water. (Section 18)
Every water point shall not be situated within 20' of any washing place, urinal or latrine. (Section 18)
Cool drinking water during hot weather (15th April to the 15th September) must be provided in factories employing over 250 workers. (Section 18)
Sufficient latrines and urinals must be provided. One latrine for every 25 male and female workers separately is required.These should be adequately lighted, ventilated and maintained in a clean and sanitary condition. (Section 19)
Sufficient number of spittoons at convenient places must be maintained in a clean and hygienic condition. (Section 20)

Safety Provisions
Every factory owner should ensure that every moving part of a prime mover and flywheel connected to a prime mover.
Every part of transmission machinery and every dangerous parts of any other machinery shall be securely fenced.
The head race and tailrace of every water wheel and water turbine, and any part of a stock bar which projects beyond the head stock of a lathe should be securely fenced by guards of substantial construction which should be kept in position while the parts of machinery they are fencing are in motion or in use.
Every part of electric generator or a motor or rotary converter, every part of transmission machinery and every dangerous part of any other machinery should be securely fenced unless these are in a position or of such construction as to be safe to every person in the factory. (Section 21)
When it has become necessary to examine any part of machinery to carry-out mounting or shipping of belts, lubrication of other adjusting operation while the machinery is in motion, such work should be carried-out by a specially trained adult worker wearing tight fitting clothing. Such clothing should be supplied by the occupier.
Registers of worker attending to machinery shall be in FORM-7A(FA). (Section 22)
All belts shall be regularly examined to ensure that the joints are safe and the belts at proper tension.
In every factory suitable striking gears or other efficient mechanical appliances should be provided and used to move driving belts to and from fast and loose pulleys. (Section 24)
Special care should be taken that driving belts when not in use shall not be allowed to rest or ride upon shafts in motion. (Section 24)
Suitable devices for cutting of power in emergencies form running machinery should be provided in every work room. (Section 24)
When a device, which can inadvertently shift from 'off' to 'on' position, is provided in a factory to cut off power, arrangements shall be provided for locking the device in safe position to prevent accidental starting of the transmission machinery or other machines to which the device is fitted. (Section 24)
No traversing part of a self acting machine and no material carried thereon shall be allowed to run on its out-ward or inward traverse with in a distance of forty-five centimeters from any fixed structured which is not part of machine in the space over which it runs it used as passage by any person . (Section 25)
Every set screw bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger in all machinery driven by power. (Section 26)
All spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion, shall be completely encased. (Section 26)
Every hoist and lift in a factory should be of good mechanical construction, sound material and adequate strength. (Section 28)
Every hoist and lift should be properly maintained and thoroughly examined by a competent person after every six months. (Section 28)
The maximum safe working load shall be plainly marked on every hoist or lift, lifting machines, chain ropes, and lifting tackles. (Section 28)
A register should be maintained to record particulars of examination of hoist or lift and give particulars as shown in Form-37(FA). (Section 28)
All parts including the working gear, whether fixed or movable of every lifting machine and lifting chain rope or lifting tackle other than a hoist or lift shall be of good construction, sound material and adequate strength and free form defects, properly maintained and thoroughly examined by a competent person at least once in every period of twelve months. (Section 29)
Effective measures should be taken to ensure that the crane does not approach within six meters of working place while a person employed or working on or near the wheel track of a travelling crane. (Section 29)
Effective measures should be taken for the safe working peripheral speed of every revolving vessel, cage, basket, flywheel, pulley, disc or similar appliance driven by power is not exceeded. (Section 30)
Any plant or machinery operated at a pressure above atmospheric pressure, effective measures should be taken to ensure that the safe working pressure is not exceeded. (Section 31)
All floors, steps, passage and gangways should be of sound construction and properly maintained and kept free form obstructions substances likely to cause persons to slip. There shall be provided safe means of access to evey place at which any person is required to work. (Section 32)
Every fixed vessel, pump, tank, pit or opening in the ground or in a floor which may be a source of danger should be either securely covered or securely fenced. (Section 33)
No woman or young person shall unaided by another person, lift, carry or move by hand or on head, any material, article, tool or appliance exceeding the following maximum limit in weight set out . (Section 34)
Adult male
50 kg
Adult female
30 kg
Adolescent male
30 kg
Adolescent female
20 kg
Male child
16 kg
Female child
14 kg.
Effective screen or suitable goggles should be provided for the protection of person employed in or in the immediate vicinity of the processes which involve risk of injury to the eyes form particles or fragments thrown off in the course of the process. (Section 35)
No person should be permitted to enter any chamber, tank, vat, pit, pipe flue or other confined space in which dangerous fumes are likely to be present, until all practicable measures have been taken to remove such fumes. (Section 36)
Suitable breathing apparatus, reviving apparatus and belts and ropes should be kept ready for instant use. (Section 36)
No person should be permitted to enter any boiler furnace, boiler flue, chamber, tank, vat, pipe or other confined space until it has been sufficiently cooled by ventilation or otherwise to be safe for persons to enter .
A certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free form dangerous gas, fume, vapor or dust. (Section 37)
In such factories where any manufacturing process produces gas, fume or vapor of such character and to such extent as to be likely to explode on ignition all measures should be taken to prevent such explosion by effective enclosure of the plant or machinery used in the process, removal or prevention of accumulation of such dust gas, fume or vapor and exclusion or effective enclosure of all possible sources of ignition. (Section 37)
Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein. (Section 38)
In addition to general entrance and exit doors, there should be provided exit passage of not less than 6'-6" in height and 3' in breadth in each room for use by workers at the time of fire. (Section 38)
In such factories which have upper storey's there should be separate staircase for use to escape in case of fire. (Section 38)
Such staircases, lifts etc should be made of fire resisting material. No stairway should be less than 45 inches in width. (Section 38)
The building of the factory and machinery and other constructions should be maintained in such a condition so as not to be of any danger to human life. (Section 40)
Two fire buckets of not less than 9 liters capacity for every 100 square meters of floor area subject to a minimum of four buckets on each floor should be provided and maintained in every factory. (Rule 66)
In every factory, adequate provision water supply for fire fighting should be made. (Rule 66)
Where the factory is situated at not more than 3 km form an established city or town fire service, the provision of own pumping-set should be provided. (Rule 66)
Adequate number of fire-extinguisher should be maintained. (Rule 66)
Every factory owner ordinarily employing 1000 workers or more are required to employ a safety officer. (Section 40B)
Factories ordinarily employing 500 or more workers, are required to appoint a Welfare Officer.
Site appraisal committees constituted by the state govt. will consider applications for grant of permissions for the initial location of a factory involving hazardous process. (Section 41A)
It shall be the duty of the employer to disclose information regarding dangerous, including health hazard and measures to overcome such hazards arising out of hazardous substances to the Chief Inspector of Factories, local authority and the general public in vicinity. (Section 41B)
Prepare health & safety policy.
Furnish information on hazardous waste.
Prepare on site emergency plan, detail of safety measures to be taken in the event of an accident taking place.
Collection, development and dissemination of information in the FORM of Material Safety Data Sheet (MSDS) and labeling of containers of hazardous substances.
Maintain accurate and up to date medical record of the workers.
To appoint qualified, experienced and competent supervise handling of hazardous substance.
Pre-employment and post employment medical examination of workers at regular intervals.
Safety-committees are required to be set up comprising representative of management and workers to promote better cooperation. (Section 41B)

Welfare Provisions
The employer should provide separate and adequate washing facilities for male & female.(Section 42)
Facilities for storing and drying of wet clothes. (Section 43)
Facilities for sitting for workers obliged to work normally in standing position. (Section 44)
First aid box under the charge of a trained first aider. (Section 45)
Ambulance room for factory ordinarily employing more than 500 workers. (Section 45)
Canteen of prescribed standard in factories ordinarily employing more than 250 workers, to be run on no profit basis by a duly constituted canteen managing committee. (Section 46)
Suitable and adequate rest shelter or rest room and lunch room to be provided in factories ordinarily employing more than 150 workers. (Section 47)
Creche for the prescribed standards for use of children below 6 years of age of woman workers, employed in factories ordinarily employing more than 30 woman workers. Such creche should be under the charge of a trained woman. (Section 48)
The factory owner can take work from adult workers subject to a maximum of nine hours in a day and 48 hours in a week. (Section 51)
The spread over should not exceed 10-1/2 hours in a day unless exempted by Chief Inspector of Factories. (Section 56)
A rest interval of at least half an hour should be provided in such a way that no period of work shall exceed 5 ½ hours. (Section 55)
One day's holiday is necessary on the first day of the week i.e. Sunday. Such day may be substituted in writing by the CIF for a particular area. (Section 52)
No worker can be asked to work for more than 10 consecutive days without a holiday for a whole day. (Section 52)
No worker should work for more than 5 hours before he has had an interval for rest of a least half an hour. (Section 55)
Where the worker is deprived of any of the weekly holiday, compensatory holiday should be granted in lieu of unavailed weekly holiday.
The manager shall maintain a register in FORM-9(FA) keep the account of compensatory holiday shall be preserved for a period of three years after the last entry. (Section 53)
Overlapping of shifts is not permitted, unless exemption has been obtained form the Chief Inspector of Factories. (Section 58)
A worker who works in a factory, for more than 9 hours on any day or more than 48 hours in a week, he is entitled for the overtime work which should be twice the ordinary rate of wages. (Section 59)
Double employment of a worker is strictly prohibited. (Section 60)
Period of overtime work shall also be entered in the register in form 10. (Section 59) ********

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