LEARN & EVOLVE: The Factories Act 1948

THE FACTORIES ACT OF 1948 Salient features

The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi

APPLICABILITY
It applies to factories covered under the Factories Act, 1948. The industries in which ten (10) or more than ten workers are employed on any day of the preceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than twenty workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.

SALIENT FEATURES OF THE ACT ARE :-

1.Approval of Factory Building Plans before construction/extension, under the Delhi Factories Rules, 1950 .
2.Grant of Licences under the Delhi Factories Rules, 1950, and to take action against factories running without obtaining Licence.
3.Renewal of Licences granted under the Delhi Factories Rules, 1950, by the Dy. Chief Inspectors of Factories .
4.Inspections of factories by District Inspectors of Factories, for investigation of complaints, serious/fatal accidents as well as suo moto inspections to check compliance of provisions of this Act relating to :-
I.Health
II.Safety
III.Welfare facilities
IV.Working hours
V.Employment of young persons
VI.Annual Leave with wages etc.

Administrative Machinery : -
The enforcement of this legislation is being carried out on district basis by the district Inspectors of Factories. After inspection, Improvement Notices are issued to the defaulting managements and ultimately legal action is taken against the defaulting managements. The Inspectors of Factories file Challans against the defaulters, in the Courts of Metropolitan Magistrates. The work of Inspectors of Factories is supervised by the Dy. Chief Inspector of Factories on district basis.

Penalties:-
This Act provides for a maximum punishment up to two years and or a fine up to Rs. one lakh or both.
THE FACTORIES ACT, 1948 [Act No. 63 of 1948] As amended by the Factories (Amendment) Act, 1987