factories act, 1948 Flashcards

1
Q

purpose

A

to consolidate and amend the laws relating to the labours in factories

not only ensures adequate safety measures but also promotes health and welfare of the workers employed in factories against any industrial and occupational hazards

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2
Q

came into force on

A

april 1, 1949

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3
Q

objective to:
WHAS

A
  1. regulate the working conditions in factories
  2. regulate health, safety, welfare, hygiene
  3. annual leave,
  4. enact special provision for young persons, women and children who work in the factories
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4
Q

the act imposes upon the ________ certain obligation which helps to protect the workers, thereby, securing conditions conducive for their health and safety

A

owner or the occupier

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5
Q

the act is applicable to every premises which has ___ or more workers in the manufacturing process and powers also, premises with ____ or more workers in the manufacturing process and no power

A

10 ; 20

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6
Q

according to the working hours of adults, working hours of the workers should not exceed ___ hours per week.

there must be a ____ holiday

A

48 ; weekly

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7
Q

for the protection of the health of the workers, there must be prevention and precautions in every factory and with respect to the same there must be RAVT provided.

the workplace should be clean and hygienic.

A
  • restrooms
  • adequate lighting
  • ventilators
  • tempertaure
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8
Q

to ensure the safety of the workers, the factories should be fully fenced and children should not be allowed to work in hazardous and confined areas.

the ______ government should monitor every factory so as to ensure the safety measures are taken and followed as per the guidelines.

A

state

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9
Q

for the welfare of the workers, there must be RLFASC to be provided

A

restrooms, lunchrooms, first aid, appliances, shelters, creches

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10
Q

if any person violates the provision of the factories act it shall be treated as an offence and can be punished with an imprisonment of ____ months or fine up to _____ or both.

if any of the employees misuse any facility granted concerning the health, safety and welfare he/she shall be punished with fines up to_____

A

3 ; 1 lakh rupees

Rs. 500

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11
Q

section 2a

A

adult: 18+

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12
Q

section 2b

A

adolescent: 15-18

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13
Q

section 2c

A

child: till 15 years of age

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14
Q

section 2 ca

A

competent person

a person or an institution recognized as such by the chief inspector to carry out tests, examinations and inspections required to be done in a factory

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15
Q

section 2 bb

A

calendar year

means 12 months beginning with the first day of January in any year. hence, it is different from the financial year

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16
Q

section 2 e

A

day

it means 24 hours beginning at midnight

17
Q

section 2 m

A

factory

it means any premises including the precincts thereof-

  • whereon ten or more workers are working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on , or
  • whereon 20 or moreworkers are working on any day of the preceding 12 months and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of the mine act, 1952 or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place
18
Q

section 2 k

A

manufacturing process means any process for -
- making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or
- pumping oil, water, sewage, or any other substance, or
- composing types for printing, printing by letterpress, lithography, photogravure, other similar process or bookbinding
- constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels (inserted by the factories amendment act 1976)
- preserving or storing any article in cold storage

19
Q

section 2 n

A

occupier

it means the person, who has ultimate control over the affairs of the factory

20
Q

section 2 f

A

week

it means seven days beginning at midnight on saturday night or such other night

21
Q

section 2 l

A

worker

means a person employed, directly or by through any agency (including a contractor) with or without the knowledge of the principal employer, whether for renumeration or not, in any the manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the union

22
Q

section 7:

  • the occupier shall send to the chief inspector a written notice, at least ____ days before he begins to occupy or use any premises as a factory.
  • the notice shall be sent to the chief inspector within ___ days from the date of the commencement of this act for:
    1. all establishments which come within the scope of the act for the first time,
    2. a factory engaged in a manufacturing process which is ordinarily carried on for less than _____ working days in the year resumes working
  • if a new manager is appointed written notice of same shall be sent to inspector and to the chief inspector a copy thereof, within ____ days from the date on which such person takes over charge
A

notice by occupier

  • 15
  • 180
  • 7
23
Q

section 7A

HPSI
PEW

A

general duties

  1. to ensure the health, safety and welfare of all workers while they are at work in the factory
  2. to provide and maintain the plant and systems of work in the factory that are safe and without risk to health of the workers
  3. to provide arrangements in the factory for ensuring safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances
  4. to provide such information, instruction, training, and supervision as are necessary to ensure the health and safety of all workers at work
  5. to maintain all places of work in the factory in a condition that is safe and without risks to health and to provide and maintain such means of access to , and egress from, such places as are safe and without such risks
  6. to provide, maintain or monitor such working environment in the factory for the workers that is safe, without risk to health and adequate as regards facilities and arrangements for their welfare at work
  7. to prepare a written statement of his general policy with respect to the health and safety of the workers at work and the organization and arrangements in force for carrying out that policy
24
Q

SECTION 40 B

A

appointment of safety officers

the occupier of factory shall appoint safety officers wherein:
1. 1000 or more workers are ordinarily employed
2. if the state government is if the opinion that any manufacturing process or operation being carried on involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory

25
section 41B DPEM
compulsory disclosure of information by the occupier the occupier: 1. of every factory involving a hazardous process shall disclose in the manner prescribed to the chief inspector and the local authority all information regarding arising from the exposure to or handling of the materials or substances in the manufactures, transportation, storage and other processes, to the workers employed in the factory 2. shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimates such policy to the chief inspector and the local authority 3. shall with the approval of the chief inspector draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place 4. of a factory involving a hazardous process shall with the previous approval of the chief inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicize them in the manner prescribed among the workers and the general public living in the vicinity
26
SECTION 41C RHM
specific responsibility of the occupier in relation to hazardous process occupier of a factory which involves any hazardous process is required to: 1. maintain accurate and up to date health records or as the case may be medical records of the workers in the factory 2. appoint persons who possess qualifications and experience in handling hazardous substances 3. provide for medical examination of every worker
27
section 41G CE
workers' participation in safety management - a safety committee shall be set up by the occupier of every factory where a hazardous process takes place or they are used or handled - the committee shall consist of equal number of representatives of workers and management to promote cooperation between them in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.
28
section 41H
right of workers to be warned about imminent dangers it shall be the duty of such occupier, agent, manager or the person in the charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest inspector
29
section 42 - 49
welfare it is the duty of occupier - to provide welfare facilities like washing facilities, storing and drying of clothes, sitting facilities, shelters, restrooms and lunch rooms, canteen, creches, first-aid appliances to all workers - to appoint a welfare officer in factories where 500 or more workers are employed. the state government may prescribe the duties, qualifications and conditions of service of officers employed
30
section 79
annual leave with wages for the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the works committee of the factory or a similar committee in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the chief inspector a scheme in writing whereby the grant of leave allowable may be regulated
31
section 91A
safety and occupational health survey - the occupier or manager of the factory or any other person who for the time being in charge of the factory, undertake safety and occupational health surveys, and shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey - in order to facilitate surveys, every order shall, if so , required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey - any time spent by a worker for undergoing medical examination or furnishing information shall for the purpose of calculating wages and extra wages for overtime work be deemed to be time during which such worker worked in the factory