The Factories Act, 1948: Safeguarding Workers’ Rights in India
By Himanshu Kumar
Table of Contents
Introduction
The Factories Act, 1948, is one of the cornerstone pieces of labor legislation in India. It aims to regulate the working conditions in factories, ensuring the safety, health, and welfare of workers. The Act was enacted to consolidate and amend the law regulating labor in factories and was a significant step forward in improving labor standards in India.
The primary reason for the formation of the Factories Act, 1948, was to address the deplorable working conditions in factories during the early 20th century in India. Prior to the Act, workers, including women and children, were subjected to excessively long working hours, unsafe environments, and lack of basic amenities. The industrial revolution and the rise of manufacturing industries had led to a significant increase in factory employment, but this growth was not accompanied by adequate labor laws to protect the workers. The existing legislations were fragmented and insufficient to handle the complexities of modern industrial labor. The Act was thus conceived to consolidate and amend existing laws, providing a comprehensive framework to regulate labor practices, ensure worker safety, and improve overall working conditions in factories.
Another crucial impetus for the Act’s formation was the influence of international labor standards and the recommendations of various commissions and committees. The Royal Commission on Labour in India (1931) played a pivotal role in highlighting the dire need for systematic labor reforms. Moreover, India’s participation in the International Labour Organization (ILO) brought global labor standards to the forefront, pressuring the government to align national laws with international norms. The Factories Act, 1948, was therefore introduced to establish uniform standards across all factories, ensuring that workers were treated fairly, their health and safety were prioritized, and their welfare was promoted, reflecting the broader goals of social justice and economic development in a newly independent India.
Historical Background
The roots of labor legislation in India can be traced back to the early 19th century during the British colonial rule. The first Factories Act was enacted in 1881, primarily focusing on the working hours of children and young persons. Over the years, several amendments were made, but the need for comprehensive legislation became evident. This led to the enactment of the Factories Act, 1948, which incorporated the recommendations of the Royal Commission on Labour in India (1931) and various other labor inquiries.
Scope and Applicability
The Factories Act, 1948, applies to any premises where ten or more workers are employed, and manufacturing processes are carried out with the aid of power, or where twenty or more workers are employed without the aid of power. The Act is applicable throughout India and aims to protect workers employed in factories from unfair labor practices and hazardous working conditions.
Key Provisions of the Act
1. Health
The Act has several provisions to ensure the health of workers:
- Cleanliness: Factories must be kept clean and free from effluvia arising from any drain, privy, or other nuisance.
- Disposal of Waste and Effluents: Effective arrangements must be made for the treatment and disposal of wastes and effluents.
- Ventilation and Temperature: Adequate ventilation must be provided, and temperatures maintained at a comfortable level.
- Dust and Fume: Measures must be taken to prevent the inhalation of dust and fumes by workers.
- Drinking Water: Provision of wholesome drinking water at convenient places.
- Latrines and Urinals: Provision of sufficient and suitable latrines and urinals, maintained in a clean and sanitary condition.
- Lighting: Adequate lighting, natural or artificial, must be provided.
- Spittoons: Provision of sufficient number of spittoons in convenient places.
2. Safety
To safeguard the safety of workers, the Act includes provisions such as:
- Fencing of Machinery: All machinery must be securely fenced.
- Work on or Near Machinery in Motion: Specific precautions must be taken for work on or near machinery in motion.
- Employment of Young Persons on Dangerous Machines: Prohibition or regulation of the employment of young persons on dangerous machines.
- Striking Gear and Devices for Cutting off Power: Provision of suitable striking gear and devices for cutting off power in emergencies.
- Self-acting Machines: Restrictions on the use of self-acting machines to prevent accidents.
- Casing of New Machinery: New machinery must be encased to prevent danger.
- Prohibition of Employment of Women and Children Near Cotton-openers: Specific restrictions to protect women and children from dangerous machinery.
3. Welfare
The welfare provisions of the Act include:
- Washing Facilities: Adequate washing facilities must be provided.
- Facilities for Storing and Drying Clothing: Provision of facilities for storing and drying clothing.
- Facilities for Sitting: Arrangement of seating facilities for workers who are required to work in a standing position.
- First-aid Appliances: Provision of first-aid appliances and arrangements.
- Canteens: Provision of canteens in factories employing more than 250 workers.
- Shelters, Restrooms, and Lunchrooms: Provision of shelters, restrooms, and lunchrooms for workers.
- Creches: Provision of creches for children of women workers in factories employing more than 30 women.
4. Working Hours
The Act regulates the working hours, rest intervals, and overtime for workers:
- Weekly Hours: No adult worker shall be required or allowed to work in a factory for more than 48 hours in a week.
- Daily Hours: The maximum daily working hours are set at nine.
- Intervals for Rest: No worker shall work for more than five hours without an interval for rest.
- Spread-over: The period of work including rest intervals must not spread over more than ten and a half hours in a day.
- Overtime: Workers are entitled to overtime wages at double the ordinary rate for work beyond the prescribed hours.
- Night Shifts: Provisions related to night shifts ensure that workers get adequate rest.
5. Employment of Young Persons
The Act has specific provisions for the employment of young persons:
- Prohibition of Employment of Young Children: No child below the age of 14 years shall be employed in any factory.
- Adolescent Workers: Adolescents (14-18 years) can be employed only if they have a certificate of fitness and are employed on light work.
- Working Hours for Children: The working hours for children are restricted to four and a half hours in a day, and they are not allowed to work during the night.
Amendments to the Factories Act, 1948
Over the years, the Factories Act, 1948, has been amended several times to address the evolving needs of the workforce and to align with international labor standards. Notable amendments include:
- Factories (Amendment) Act, 1987: This amendment introduced stricter safety measures, particularly for hazardous processes, following the Bhopal gas tragedy. It mandated the preparation of safety policies, emergency plans, and health and safety audits for factories handling hazardous substances.
- Factories (Amendment) Act, 2016: This amendment aimed at simplifying the procedures for registration and licensing of factories, reducing the compliance burden on small and medium enterprises, and enhancing penalties for non-compliance.
Case Laws
1. Bhilai Steel Plant v. S. M. Patnaik (1987)
In this case, the Supreme Court of India held that the provision of the Factories Act requiring the fencing of machinery is mandatory and non-compliance can result in strict liability for the factory management. The case emphasized the importance of adhering to safety norms to prevent workplace accidents.
2. K. Parameshwaran v. State of Kerala (1994)
The Kerala High Court ruled that the welfare provisions under the Factories Act, such as the provision of canteens and restrooms, are fundamental rights of workers. The judgment highlighted that factory owners cannot ignore these provisions, and non-compliance would attract legal consequences.
3. Occupational Health and Safety Association v. Union of India (2014)
The Supreme Court directed the Union of India to ensure strict enforcement of the Factories Act provisions related to health and safety. The court recognized the need for robust implementation of the Act to prevent industrial accidents and protect workers’ rights.
Implementation and Challenges
While the Factories Act, 1948, provides a comprehensive framework for the regulation of labor in factories, its implementation has faced several challenges:
- Lack of Awareness: Many workers, especially in small and medium enterprises, are unaware of their rights under the Act.
- Insufficient Enforcement: There are instances of inadequate enforcement due to corruption, lack of resources, and manpower in the inspectorate.
- Industrial Relations: The Act’s provisions often clash with the interests of factory owners, leading to industrial disputes and conflicts.
- Technological Advancements: The Act needs continuous updating to keep pace with technological advancements and the changing nature of work.
Conclusion
The Factories Act, 1948, remains a vital piece of legislation in safeguarding the health, safety, and welfare of workers in India. Despite facing implementation challenges, the Act has significantly contributed to improving labor standards and working conditions in factories. Continued efforts are required to ensure effective enforcement, raise awareness among workers, and update the Act to address emerging issues in industrial labor.
Through its comprehensive provisions and subsequent amendments, the Factories Act has demonstrated the Indian government’s commitment to protecting workers’ rights and promoting safe and healthy working environments. Moving forward, a collaborative approach involving government agencies, factory owners, and workers’ unions is essential to achieve the Act’s objectives and create a conducive atmosphere for industrial growth and development.
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