Changes in Factory Act,1948

Labour lawyers

 The following changes were made by the factories Act, of 1948: -

  • The definition of the term “Factory” was widened to cover all industrial establishments employing ten or more workers where power was used and 20 or more workers in all other cases.
  • The distinction between seasonal and non-seasonal factories was abolished.
  • Under the Act of 1934 the State Governments had power to extend the application of the Act to establishments where more than 10 Workers were employed. Under the Act of 1948, the State Government may extend the provisions of this Act to any establishment irrespective of the number of workers employed therein and irrespective of the number of the workers employed on therein and irrespective of the fact that manufacturing work is carried by power or otherwise. The only exception is an establishment where the work is done solely by the members of a family.

  • Chapter III of the Act of 1934 was split into three parts, dealing with the health, safety and welfare of workers. The Act specifies very clearly the minimum requirements under the r three heads stated above.
  • The basic provisions of the old Act relating to Health, safety and welfare are extended to workplace spaces irrespective of the number of workers employed, except premises where processes are carried on by the occupier with the sole aid of his family.
  • The minimum age for the admission of children to employment has been raised from 12 to 14 years and the minimum permissible daily hours of work for children were reduced from five to four hours.
  • Provisions are made for the licensing and registration of factories and the prior scrutiny by the Factories Inspectorate of the Plans and specifications of factory buildings.
  •  Employment of Children and women between 7 p.m. and 6 a.m. is prohibited. For overtime work, the workers are entitled to twice their normal rate of wages.
  • The State Government are empowered to make rules requiring the association of the workers in the management of arrangements for the welfare of the workers.
  • State Government is obliged to see that all the factories are registered and take a licensing for working, which should be periodically renewed. Prior approval of the State Government has been made necessary for every New installation of a Factory or for the extension of an existing factory. Besides mines, the new Act also excludes railway running sheds from the definition of Factories.
                                                                                                                                                                                                                       



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