The Factories Act, 1948 3.4.1 Objectives Objectives are to regulate working condition and hours, leave holidays, overtime, employment of...
The Factories Act, 1948 3.4.1 Objectives Objectives are to regulate working condition and hours, leave holidays, overtime, employment of children, women, young persons; Ensures basic minimum requirements for the safety, health, and welfare of the workers, 3.4.2 Application It applies to the factory, means: o Any premises or the precincts thereof in which manufacturing process is being carried on and wherein 10 or more persons with the aid of power or 20 or more persons are/were without the aid of power working on any day of the preceding 12 months.(Sec.2(ii) Compulsory approval from the Government for cites construction and extension. 47 Legal Aspects of Hospital Management – Dr. B.G. Maniar Registration and renewal of factories to be granted by Chief Inspector of Factories on submission of prescribed form, fee and plan. (Sec. 6)
Notice of change of manager by occupier to be properly communicated to the Chief Inspector of factories. 3.4.3 Health, safety and welfare Employer to ensure health of workers pertaining to: o Cleanliness, Disposal of waste and effluents, Dust and Fume, Ventilation, Artificial humidification, Lighting, Overcrowding, Drinking water, and Spittoons. (Ss. 11 to 20) Safety Measures: o Fencing of machinery, Work on or near the machinery in motion, Prohibition of young persons on dangerous machines, Striking gear and devices for cutting off power,
Self acting machines, Casing of new machineries, Prohibition of employment of women and children near cotton openers, Hoists and lifts. (Ss. 21 to 28 ) Welfare Measures: 48 Legal Aspects of Hospital Management – Dr. B.G. Maniar o Washing, Storing, Drying and Sitting facilities, o First aid box one for every 150 workers; Canteen when there are more than 250 or more, Shelters and Rest rooms when 150 or more, Crèches when 30 or more female workers and Welfare officer when there are 500 or more workers are employed. (Ss.42 to 49) 3.4.4 Working hours, Spread Over, Overtime, Annual leave with wages Weekly hours not more than 48; Daily hours not more than 9 hours; Intervals for rest at least ½ hour on continuous working for 5 hours; Rest day one for every six continuous working day. Spread over not more than 10 ½ hours; Overlapping of shifts prohibited; Extra wages for overtime - double than normal rate of wages;
Restrictions on employment of women and adolescent between 7 p.m. to 6 a.m.; Prohibition of children below 14 years; Working hours for children not more than 4 ½ hours and rest interval of ½ hour after 2 49 Legal Aspects of Hospital Management – Dr. B.G. Maniar ½ hours of continuous working, spread over not more than 5 hours; Weekly Overtime not more than 12 hours and in quarter not to exceed 50 hours; (Ss. 51 to 54, 56, 59 & 60, 67, 68 & 71) A worker having worked for 240 days, he shall be entitled for annual leave with wages @ 1 day for every 20 days and child 1 day for every 15 days. Accumulation of this leaves 30 for adult and 40 for child employees, if not allowed to avail this leave by the employer - no limit for accumulation. 3.5 The Shops and Establishments Act, 1948 This is a State Act and almost every State has enacted its Shops and Establishment Act. The Gujarat has adopted The Bombay Shops and Establishments Act. Objectives are to regulate the working and employment conditions of workers in the so called unorganized sectors. The Act regulates rights and obligations of employers and employees
The Act generally provides for Registration, Health, Safety, Working hours, Rest intervals, Overtime, termination of service, Inspection, Registers and Records, CasualSickness-Earned-Leave, holidays etc. Employment of children below 12 years prohibited. 50 Legal Aspects of Hospital Management – Dr. B.G. Maniar No dual employment. No employment of women and young persons during night. It applies to shop, hotel, restaurant, club, canteen, theatre, cinema, bank, insurance organization, stock exchange, store-room, godown, warehouses, office of lawyers, chartered accountant, dispensary, hospital, educational institution run for private gain, journalist and printing establishments, etc. The commercial establishments which are not covered by the Factories Act or any other Acts, they are covered under this Act.
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