INDIAN FACTORY ACT project report

Introduction

The  Indian Factory Act, 1948, has been promulgated primarily to provide safety measures and to promote the health and welfare of the workers employed in factories. The object thus brings this Act, within the competence of the Central Legislature to enact. State Governments/Union Territory Administrations have been empowered under certain provisions of this Act, to make rules, to give effect to the objects and the scheme of the Act.Employer and employees are two parties across the table . Relationship between these two is very important for the survival of any organisation. Industrial act, initially called as labour legislation had a protective function dealing with the wages, working conditions, social interest etc. It thus gives legal framework to relationship between employer and employees.

The progress of lagislation

• INDUSTRILIZATION STARTED IN EUROPEAN NATIONS
• EXPLOITATION OF LABOURS
• REVOLT OF LABOURS
• INTRODUCTION OF LEGISLATION FOR INDUSTRIES 
• ACCEPTANCE OF LEGISLATION BY DEVELOPING NATION
• AMMENDEMENTS AS PER REQUIREMENTS
• IMPACT OF TRADE UNIONS 
• CONSTITUTION OF INDIA INCLUDED ALL THE ACTS AFTER INDEPENDENCE
• PRESENT INDUSTRIAL ACT

Necessity of industrial act

GIVES LEGAL PLATFORM AND SUPPORY TO EMPLOYEES.

CREATES INDUSTRIAL PEACE AND MANTAINS MANAGEMENT RELATIONSHIP.

GIVES SOLUTIONS TO QUARRIES IN INDUSTRY.

REMOVES OUT AUTOCRACY OF MANAGEMENT AND EXTORTION OF WORKERS.

EMPLOYEES GET COMPENSATION IN CASES OF ACCIDENTS.

GURANTEES WELLFARE OF EMPLOYEES.

Indian factory act

INDIAN FACTORY ACT IS BASICALLY THE MODIFICATION OF THE 1934 FACTORY ACT.

IT WAS PASSED IN 1948

THE LAST MAJOR AMMENDEMENT WAS MADE IN 1976.

Aims of the indian factory act

1. TO ENSURE ADEQUATE SAFTEY MEASURES.
2. TO PROMOTE HEALTH AND WELFARE OF THE WORKERS EMPLOYED IN FACTORIES.
3. TO PREVENTGROWTH OF FACTORIES.
4. TO CONSOLIDATE AND AMEND THE LAWS FOR REGULATING LABOUR IN THE FACTORIES IN INDIA.
5. THE LICENSING AND REGISTRATION OF THE FACTORIES.

Main provision under factory act

• HEALTH AND SAFTEY
• WELFARE AND DEVELPOMENT
• DURATION OF WORK
• ADMINSTRATION. AND EXECTION

Child labour

T IS PROHIBITION AND REGULATION ACT, 1986.

NO WORK BETWEEN 7PM TO 6 AM.

NOT ALLOWED FOR OVERTIME TO CHILDREN.

As per the Child Labour  (Prohibition and Regulation) Act, 1986, amended in 2016 , a "Child" is defined as any person below the age of 14, and the CLPR Act prohibits employment of a Child in any employment including as a domestic help. It is a cognizable criminal offence to employ a Child for any work. Children between age of 14 and 18 are defined as "Adolescent" and the law allows Adolescent to be employed except in the listed hazardous occupation and processes which include mining, inflammable substance and explosives related work and any other hazardous process as per the Factories Act, 1948.

Women and night shift

AS PER THE ACT ,WOMENS ARE NOT ALLOWED TO WORK IN LATE NIGHT SHIFTS IN CERTAIN INDUSTRIES.

ONLY IN DAY SHIFTS IN CERTAIN INDUSTRIES.

NIGHT SHIFTS INTELECOM AND COMM

Though big companies can arrange cabs to drop women employees at their home, small scale industries and companies may not be able to do so. This will be risky for women employeers.

If women are discouraged from taking up work in night shifts, there will be no positive effect on society. If more and more women work in night shifts, safety for women will be increased. The real solution is not stopping women from working in night shifts, rather changing the mindset of people, increasing safety measures and strengthening law and order will serve the purpose.ky for women employees.

Safety provision under factory act

FENCING OF MACHINERY:

Fencing of the following should be done:

          1.moving parts of prime movers

          2. every parts of the transmission  

             Machinery

          3.every part of the electric generator and 

             Motor

          4.all dangerous parts etc.

UNTRAINED  ADULT  MAN, WOMANSHOULD NOT BE ALLOWED TO WORK NEAR THE MACHINERY IN MOTION.

EMPLOYEE  WITH  LOOSE  FITTING  CLOTHES  SHOULD NOT BE ALLOWED TO WORK  NEAR MACHINEARY  IN  MOTION .

PROVISION OF ESCAPE DOORS FOR ALL PERSON IN CASE OF FIRE.

PROVISION OF WARNING DEVICESIN CASE OF FIRE.

MAINTAINANCE OF MACHINE AT PERIODIC INTERVAL OF TIME.

Welfare measures under the factory act

The term ‘Labour Welfare’ refers to the facilities provided to workers in and outside the factory premises such as canteens, rest and recreation facilities, housing and all other services that contribute to the wellbeing of workers. Welfare measures are concerned with general wellbeing and efficiency of workers. In the early stages of industrialization, welfare activities for factory workers did not receive adequate attention.

Employers were not inclined to accept the financial burden of welfare activities. Wherever employers provided for such amenities, it was more with a paternalistic approach to labour rather than recognition of workers’ needs. Hence the state had to intervene, in discharge of its welfare responsibility, by using its persuasive powers and/or by enforcing legislation, where persuasion failed. Compulsory provisions are thus incorporated in the Factories Act, 1948 with respect to the welfare of workers engaged in the industries. 

Other than this canteens , creches are also provided .