Enforcement of Labour Laws

Object

The Factories Act, 1948 is one of the major central legislation designed to regulate the working conditions in the factories. It lays down all essential provisions relating to cleanliness, ventilation, lighting, sanitary arrangements, health, safety & welfare of the workers in the factories.

Applicability of the Act

This Act is applicable to the factories where in ten or more workers are working, or were working on any day of the preceding twelve months and in  which a manufacturing process is being carried on with the aid of power or twenty or more workers without the aid of power. (SECTION -2(m))

Enforcement Machinery

The Labour Commissioner, Haryana is notified as Chief Inspector of  Factories' by the State Government for administration of this Act. There is one Additional Chief Inspector of Factories designated as Additional Director, Industrial Safety & Health, two Joint Directors (IS&H), three Deputy Directors (IS&H) and two Asst. Directors (IS&H) to assist the Chief Inspector of Factories at the headquarters at S-C-O NO-82-83, 3^rd floor, Sector-17-C, Chandigarh. One Joint Director (IS&H), Six Deputy Directors (IS&H), five Asstt. Directors (IS&H)(Chemical) and 19 Asstt. Directors (IS&H) are posted in the entire State of Haryana having their Jurisdictions for the proper enforcement of the Act. In addition Two Deputy Directors (IH) & five Asst. Directors (IH)-cum-Certifying Surgeons have also been appointed to implement health provisions in factories where workers are engaged on hazardous operations. Assistant Director (IH)-cum-Certifying Surgeons conduct medical examination of workers who are engaged on such operations as are likely to contract occupational disease. All these officers are declared 'Inspectors' under the Act.

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.

Registration fee shall be charged at the schedule rate for the grant of licence.

Schedule

Quantity H.P. Installed (max H.P.)	Maximum number of persons to be employed on any one day during the year.
	20	50	100	250	500	750	1000	Above 1000
	Rs.	Rs	Rs	Rs	Rs	Rs	Rs	Rs
Nil	200	400	600	800	1000	2000	3000	4000
10	400	600	800	1000	2000	3000	4000	5000
50	600	800	1000	2000	3000	4000	5000	6000
100	800	1000	2000	3000	4000	5000	6000	8000
250	1000	1500	2500	4000	5000	6000	8000	10000
500	1500	2000	3000	5000	6000	8000	10000	12000
1000	2000	3000	4000	6000	8000	10000	12000	14000
Above 1000	3000	4000	6000	8000	10000	12000	14000	16000

 

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)