In India the first Factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers. This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers.
ž The main restrictive provisions of the Act about the working hours of Adults are:
ž Section 51- A worker can not be employed for more than 48 hours in a week
ž Section 52- A holiday must be given in every week
ž Section 53- Compensatory holidays in case of missing of weekly holiday
ž Section 54- A worker can not be employed for more than 9 hours a day
ž Section 55- A worker must be given an interval of rest of at least half an hour after 5 hours of work
ž Section 56- The total period of work, inclusive of rest interval, must not be spread over more than 10 ½ hours a day
ž Section 59- If a worker works for more than 9 hours a day or more than 48 hours a week, he shall be paid for overtime @ twice the regular wage
ž In case of any exemption, under Section 64, the state government shall not exceed the following limits of work, inclusive of over-time
ž The total no. of hours of work in any day shall not exceed 10
ž The spread over, inclusive of the interval of rest, shall not exceed 12 houra in any day
ž The total no. of hours in a week, including over time shall not exceed 60
ž The total no. of hours of over time shall not exceed 50 in any quarter
ž The main restrictive provisions of the Act about women & children employment under Section 66 to 71 are:
ž A woman worker can not be employed except between the hours of 6 a.m. to 7. p.m.
ž The employment of child below 14 yrs is strictly prohibited
ž A child between 14 to 15 yrs of age can be employed for a maximum period of 4 ½ hours in a day
ž A child can not be employed during night (From 10 p.m. to 6 a.m.)
ž A child worker must have fitness certificate granted by a Certifying Surgeon
ž A child between age of 15 to 18 yrs, having fitness certificate to perform full days work can be employed as an adult
ž The main provisions of the Act about the grant of annual leave with wages under Section 79 are:
ž A worker shall be allowed in every calendar year, annual leave with wages @ 1 day for every 20 days of work performed by him during the previous calendar year
ž In case of child worker, annual leave with wages @ 1 day for every 15 days of work performed
ž Leave can be accumulated upto 30 days in case of an adult or 40 days in case of a child
ž The leave admissible will be exclusive of all holidays, occurring during, or at either end of the leave period
ž Wages for leave allowed shall be paid before the leave begins
ž In case of a worker who is discharged or dismissed from service, quits or dies while in service, he or his heir or nominees must be paid wages in lieu of annual leave.
In such case, the annual leave is to be calculated at the same rate as above but irrespective of whether the worker has worked for 240 days or not.
APPROVAL, LICENSING AND REGISTRATION OF FACTORIES. - (1) The State Government may make rules - (a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;
(aa) requiring, the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories;
(b) requiring for the purpose of considering applications for such permission the submission of plans and specifications;
(c) prescribing the nature of such plans and specifications and by whom they shall be certified;
(d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences;
(e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given.
(2) If on an application for permission referred to in clause (aa) of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.
(3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.
Explanation : A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health.
List of Formalities required for factory Act registration (All formalities
in duplicate)
Sr. No. PARTICULARS REQUIREMENT
1 Application Letter
2 Form -1 To be signed by the director
3 Form -2&3 To be signed 5 copies by
the unit In charge
4 Blue print factory machinery layout with
Building layout
3 copies Stamped
5 Machinery detail with Length x Breath of each
machinery
On the letter head with
stamp & signature
6 Lease Deed P/c
7 On Site Off Site Disaster management Plan Company
8 Articles of Association & Memorandum Copy
9 Provisional registration Copy
10 Project Report Stamped Copy
Application for Registration & Grant of Licence
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.
Form 1 Application for permission to construct, extend or take into use any building as a factory
Form 2 Application for registration and grant or renewal of licence
Form 3 Notice of Change of Manager
Form 4 Licence to work a factory
Form 5 Certificate Of Fitness
Form 6 Humidity Regsiter
Form 7 Record of Lime Washings, Paintings etc.
Form 8 Report of examination of pressure vessel
Form 9 Register Of Compensatory Holidays
Form 10 Overtime Muster Roll for exempted workers
Form 10-A Overtime Slip
Form 11 Notice Of Periods Of Work for Adult Workers
Form 12 Register Of Adult Workers
Form 12-A Identity Card Of Workers
Form 13 Notice of Periods of work for child workers
Form 14 Register Of Child Workers
Form 15 Register Of Leave with wages
Form 16 Health Register
Form 17-A Notice Of Accident or dangerous occurrence
Form 18 Notice Of Poisoning or disease
Form 19 Abstract of the Act
Form 20 Annual Return
Form 21 Half Yearly Return
Form 2 Application for registration and grant or renewal of licence
Form 3 Notice of Change of Manager
Form 4 Licence to work a factory
Form 5 Certificate Of Fitness
Form 6 Humidity Regsiter
Form 7 Record of Lime Washings, Paintings etc.
Form 8 Report of examination of pressure vessel
Form 9 Register Of Compensatory Holidays
Form 10 Overtime Muster Roll for exempted workers
Form 10-A Overtime Slip
Form 11 Notice Of Periods Of Work for Adult Workers
Form 12 Register Of Adult Workers
Form 12-A Identity Card Of Workers
Form 13 Notice of Periods of work for child workers
Form 14 Register Of Child Workers
Form 15 Register Of Leave with wages
Form 16 Health Register
Form 17-A Notice Of Accident or dangerous occurrence
Form 18 Notice Of Poisoning or disease
Form 19 Abstract of the Act
Form 20 Annual Return
Form 21 Half Yearly Return
Form 22 Muster Roll
Form 23 Register Of Accidents
Form 24 Special Certificate Of Fitness
Form 25 Certificate Of Fitness for dangerous operations
Form 26 Register Of Surgeon's fees for the issue of duplicate certificate
Form 27 Certifying Surgeon's visit Note
Form 28 Diary Of Inspector Of Factories
Form 29 Closure Report Of a Factory
Form 30 Register of Water Sealed Gas Holder
Form 31 Report of examination of water sealed gas holders
Form 32 Register of trained adult male workers employed to carry out mounting or shifting or belts, lubrications etc.
Form 33 Certificate to young persons considered fit to work at machine, plant or process of dangerous character
Form 34 Form Of Certificate Of Stability
Form 35 Record Of Eye Examination
Form 38 Report of examination of lifts and hoists.
Form 23 Register Of Accidents
Form 24 Special Certificate Of Fitness
Form 25 Certificate Of Fitness for dangerous operations
Form 26 Register Of Surgeon's fees for the issue of duplicate certificate
Form 27 Certifying Surgeon's visit Note
Form 28 Diary Of Inspector Of Factories
Form 29 Closure Report Of a Factory
Form 30 Register of Water Sealed Gas Holder
Form 31 Report of examination of water sealed gas holders
Form 32 Register of trained adult male workers employed to carry out mounting or shifting or belts, lubrications etc.
Form 33 Certificate to young persons considered fit to work at machine, plant or process of dangerous character
Form 34 Form Of Certificate Of Stability
Form 35 Record Of Eye Examination
Form 38 Report of examination of lifts and hoists.
