Factories Act 1948 (Part-1)
If we talk about before the 18th century, then the source of income of the people of India was agriculture. You can say it in this way that the people of India are completely above agriculture to run their household expenses. were dependent.
If we look at the history of the middle of the eighteenth century, we will come to know that this was the period when industries started in India and at that time India was under British Government. And this period is known as industrial revolution because at this time industries started in India. I was starting to.
When the industrial revolution started, the demand for cotton was highest at that time and the factory which was established at that time used to produce more related to cotton itself. After that the economic condition of the people started improving a little bit. Because people had income. The sources of income became two, one to make a living by farming and the other to earn his living by working in a cotton factory.
When people started having the option of working in factories, more and more people left the village and started traveling to the cities. Turning towards and started working in the cotton factory.
Took advantage of this from the British, due to unemployment, they started getting laborers for very little money.
If an Indian used to work in those factories, he would get 20 rupees, whereas if the same work was done by whites, then he was given 100 rupees. were also obliged to do so.
When the workers started reaching more in the cities, there came a time when their needs were being ignored by the factories, due to which they were facing problems related to their health and safety.
Workers Problems that time during the work
When the workers started working in the factories, their requirements were not being fulfilled by the factories. Let us see about some requirements.
1. Poor and Unhygienic Working Condition
Wherever the workers work inside the factory, there is no attention to cleanliness at all. Due to which their health was affected and the workers kept getting affected by diseases like T.B, Asthma, Cancer, Cholera etc.
2. No Holidays
The workers who used to work inside the factory were physically and mentally exhausted as they had to work for 30 days without any leave. Apart from this, they did not get any holiday on any festival. Deduction in salary on taking leave. Even today, workers have to work in the textile mills of Gujarat without any leave.
3. Overtime
Now after working overtime, more payment is given, but at that time there was no such provision. After working for a long time, no extra payment was made. was at its peak.
4. Health and Safety Issues
When cotton was produced and people used to work at that time, there were many issues regarding hazards and health, due to which accidents happened and people used to fall ill, yet it is ignored.
5. Lack of Welfare Facilities
All the employees who worked inside the cotton factory, they neither had toilet facilities, nor living room in the company, nor were they given any kind of accommodation or food, that is, workers were deprived of any kind of facilities. used to go.
In such a situation, when workers felt that their rights were being snatched away, there was a strike by workers and unions, then in 1881 the Factories Act was implemented. But it was only for the children working inside the factories. facilities can be enhanced.
One more thing you should know that the factory rules imposed by the British government were not for Indians. It was applicable only to whites.
After Independent India
When India became independent, after that the factories act was ready in 1948. The day of implementation was 1st April 1949 i.e. it came into effect on 1st April 1949.
Objective of Factories Act, 1948
When the factory act was implemented, what was its purpose, we understand it through the following points-
1. To assure the health and safety workers
The first purpose of implementing this was that if any workers or employees are working in any factory or company, then their heath and safety should be ensured and there should not be any kind of accident during the work and related to the health of the workers. Do not create any kind of issue.
2. Improve the welfare facilities
The second purpose of implementing this was to provide all the facilities to the employees working within the company, which they are entitled to. Such as provision of toilet, living room, rest room, fresh water, canteen etc. at the work place.
3. Proper working hours
When India was under British rules, there was no proper working time for Indian workers and after overtime they were not given wages accordingly. When the Factories Act 1948 Act came into force, its purpose was that there should be one way of working. Time should be fixed and if someone is doing extra work then he should be given his wages.
That is to say that the workers who are working inside the company should not be exploited as was done in British rules.
We would like to tell you that 11 chapters will be found inside the factory act and 120 sections will be found with it. When we know this completely, then we can understand the factory act in detail.
The chapters are like this-
Preliminary
The Inspect Staff Process
Health
Provision related to hazards
Welfare
Working hours of Adult
Employment of young person
Annual leave with wages
Special Provision
Penalties and Procedure
Supplies
Let us know the above points separately and in detail-
Preliminary-
Section –
1. Short title ,extent and commencement-
Short title says by what name the act we are studying will be known, then let me tell you that or it is known as Factories Act 1948. Extent says till where it was implemented.? The answer was that it was implemented all over India and its effect is in the whole of India. The comment says that when the Factories Act came into force, it came into force on 1 April 1949, whereas it was ready only in 1948.
2.Interpretation-
Adult
Under this, it was told that the worker who has turned 18 years old will be called an adult, that is, he can be allowed to work inside any factory.
Adolescent
If the age of any person is above 15 and below 18 then that person will come in adolescent.
Bb. Calendar Year
A twelve month period which starts from 1st January and when the month outside is completed is called calendar year.
Child
Anyone who is less than 15 years in the category of Child will come under its categories.
Ca. Competent Person
If any person is going to do any work, then he should have mastery in that work, that is, he is qualified for that work, is well trained, well educated or has experience, that person is called a competent person.
Cb. Hazardous Process
Any process of manufacturing where there is a possibility of danger in the process of work, which can have any kind of effect on the health of the workers, is called a hazardous process.
Young Person
Any such person is either a child or an adolescent, he is called a young person.
Day
The time of 24 hours i.e. from midnight to midnight is called day.
Week
The day which coincides with the Saturday of Mid Night is called week.
Power
Here power means that such energy which is not generated by human but by electricity or machine is called power.
Prime Mover
Any such engine or motor from which any electricity or any kind of power is generated is called Prime Mover.
1. Transmission Machinery
Such a machinery which is used to rotate the primary mover. For example we can say Pulley, chain that rotates the prime mover parts. This is called transmission machinery.
You must have seen the turbine moving, which is used to rotate the pulley, chain, shaft etc. The same is called transmission machinery.
Machinery
To generate any transform energy, primer mover, transmission machinery or any other appliances are used, this is called machinery.
Manufacturing Process
When making, repairing, finishing, oiling, washing, packing etc. during any work, we keep it in the category of manufacturing process.
Worker
Any such person who has been appointed in the company either directly or by any agency is called worker or in other words, every person working inside any organization is called worker.
2. Factory means
If at any place 10 or more than 10 workers are working together within 12 months on any one day or daily by machine, then we call it factory.
3. References to time of day
The time has not been fixed in such a way that there is also a standard which is five and a half hours ahead of Green which mean time. For example, suppose it is 3 o’clock in green which time, then it will be 8:30 in India.
7.(A) General Duties of Occupier-
Under this point, we will learn about the general duties of the occupier. Here occupier can mean the company or its owner, contractor. Let us know about his responsibilities.
1. It is the responsibility of the Occupier to take care of the health, safety and welfare of the workers as much as possible during the working time working inside the company.
2. The plant, which is a factory, should be maintained from time to time, otherwise there will be issues related to health inside the company and the level of risk will increase.
3. The workers who are working inside the company have to be given instruction, training and proper supervisor has to be appointed to look after their work, this is the third job of the occupier.
4. Under the 1948 Act, whoever is the occupier of the company, he should make rules related to health and safety, which should be followed at the time of work and the issues related to health and safety of the workers can be removed at their work place.
7.(B)- General Duties of Manufacturer-
Let us now know the general duties of the manufacturer through the following points-
1. When a worker is using the articles (means the structure of the building or the design of the machine) inside the company, it is the responsibility of the manufacturer that it is designed in such a way that the workers do not have any kind of issue related to health or safety.
2. Under this point it comes that how is the condition of the article being used in the company, how is it working, even if there is a technical fault, it is not being used. It is the responsibility of the manufacturer.
