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Industrial Law The Factories Act 1948

Industrial Law The Factories Act 1948

Industrial Law The Factories Act 1948

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SECTION—  Long  Questions Answer

Q, 1. What matters are covered under the Factories Act, 1948? Are you satisfied with the provisions connected with [Gorakhpur, 2011; Avadh, 2006] them?

Or

Discuss the main provisions of the Indian Factories Act, 1948.

Main Provisions of the Factories Act, 1948

  1. Area of the Act: The Factories Act 1948 was to be enforced in the whole of India, including the State of Jammu and Kashmir. The Act is applicable to all those factories having 10 or more persons working in it and the power is being used in the factory. In case a factory is not using the aid of power, the Act becomes applicable, when the number of workers is 20 or more than twenty. However, the state governments are authorised to impose this Act on any factory even without considering the condition of the number of employees in it.
  2. Approval, Licensing and Registration: This Act provides for approval, licensing and the registration of the factories. Before using a site for the factory, it is compulsory to present a layout plan to the appropriate authorities. This provision makes an effective control on the factories.
  3. Health, Safety and Welfare: This Act clearly states the provisions in regards to many issues, like—Health, Security and Welfare of the Workers. Under this Act, provisions are made to keep the factory clean and free from effluvia. Accumulation of dirt to be avoided and Roofs and Walls should be maintained in a fashion to control the temperature, satisfactory ventilation conditions, adequate lighting (natural and artificial), convenient points for drinking water be provided to the workers. Overcrowding must be avoided and measures must be taken for separate accommodation of latrines and urinals and maintained in clean and sanitary conditions for men and women workers.

 

The Act has provided for various security measures to be taken to minimise the accidents in a factory. Every dangerous part of machinery must be fenced suitably keeping in mind the welfare of

the workers, provisions in the Act are made. The Act says that the

following facilities should be provided to the workers :

(i) Suitable facilities for sitting, when the workers get the opportunity to have some rest.

(ii) Washing facilities, separately for male and female workers

(iii) First aid appliances.

(iv) Canteen facilities, specially wherein more than 250 workers are employed.

(v) Creches be provided where in more than 30 women workers are working.

(vi) In a factory wherein 500 or more workers are on roll, welfare officer must be appointed to look after them.

(vii) Rest rooms and lunch rooms be provided to the workers if their number is 150 or more.

4. Appointment of Welfare Officer. Under the provisions of this Act, it is stated that a welfare officer must be appointed in the factories wherein the number of worker becomes 500 or more.

5. Employment to Children and Adolescent. This Act provides for the employment of the children with a minimum age of 14 years. Persons attaining the age, 15 years to 18 years are put into adolescent category of the workers. An adolescent can only be treated adult when he is declared fit through a certificate issued by a competent authority.

6. Working Hours. Factories Act, 1948 has reduced the working hours of the workers. As per the Act rules, hours of the adult workers in a factory are as under:

(i) Weekly hours of work should not exceed 48 hours.

(ii) Daily hours of work should not more than 9 hours. But, during the time of change of shifts the limit may be exceeded with a prior permission of the Chief Inspector of Factories.

Every adult worker will get an interval for rest for half an hour, after continuous working of 5 hours. A ban was imposed to employ is child worker less than 14 years of age. A child worker is allowed ti work for 4h hours only per day. Women workers were allowed work in factory for 8 hours only every day. They were allowed t/ work only from 6 AM to 7 PM. No women shall be allowed to work the factories except above said period.

7. End of the Difference of Routine and Perennial. The implementation of the Factories Act, 1948, put an end to th difference of Routine and Perennial Factories.

8. Wages of Overtime. This Act provides for the double payment of wages to the workers for the overtime work carried out by them.  9, Leave with Wages. For the welfare of workers, following es are made relating to their annual leave :

Any worker, who has worked for 240 days in one calender year rill is entitled for the subsequent calender year leave with wage for a certain number of days. The days arc calculated at the rate given below :

(i) In case Ota child worker, one day for every 15 days of work done by him, with a minimum provision of 14 days.

(ii) For adult worker, it is one day for every 20 days of work done by him during the previous calender”ar, with a minimum provision of 10 days.

10. professional Sickness. It is the duty of a manager of the factory to inform about any accident or professional sickness. The doctor, treating the sick worker be informed about the sickness Inmediately.

11. Provision of Penalty. If there is breach of the any of the provisions of Act 1948 in any factory, and in case the occupier or the manager of the factory is found guilty, the punishment is imprisonment for a period of 2 years (As per amendment Act of 1987) or with a fine upto (Raised from 2,000 to by the amendment Act of 1987) or with both. ‘Is the Present Factories Act Adequate?

Though, it is true that the present Factories Act, 1948 is much better and broader in comparison with all the previous acts, yet it contains many problems and demerits. These are as under :

(i) There are many words used in this Act which are not defined properly. This in turn creates hurdles in the effective implementation of the act.

(ii) Keeping in view the practicable approach of the Act, one can not the liberal attitude. Small factories in general, do not care the Act.

(iii) Inspection system of the Act is weak and inadequate. For example limit of the jurisdiction of an Inspector is not given clearly, moreover there is no clear cut provision for employing of Women Inspector.

(iv) Minimum age (14 years) of child worker is still not upto the mark.

(v) Present working hours for the workers (9 hours per day and 48 hours in week) should be reduced. Above noted ‘demerits of the Act may be noted out only on taking the following measures: (i) Implementation of the Act strictly and properly.

(ii) A few required amendments be made.

(iii) Swift and sure punishment for those who are found guilty

Q. 2. Explain the term ‘Worker’. Would you call a man, a ‘Worker’ who is working in a factory but is not getting any wage? Is a ‘clerk’ who works in the office, a worker for the purpose of the Indian Factories Act, 1948? [Meerut, 1977 BP; 1996 BP]

Ans. Worker means a person employed, directly or indirectly through any agency including a contractor with or without the knowledge of the principal employer, for remuneration or not, in any manufacturing process or cleaning any part of premises that is used for manufacturing or in any work incidental to or connected with the manufacturing process. However the above definition does not include members of armed forces of the nation. (Section The person is regarded as a worker within the meaning of this

Act, provided the following four conditions are fulfilled—

(i) The person must be employed by the owner or occupier of the factory.  (ii) The person must be employed in the establishment either directly or by an agency or contractor.

(iii) The person must be employed in the factory for wages or without wages.

(iv) The person must be employed in any manufacturing process or in cleaning any part of the machinery, premises used for any manufacturing process or in any other kind of work incidental to or connected with the manufacturing process or the subject of the manufacturing process.  To sum up, a person will be regarded as a worker if he is employed through any agency and is engaged in any manufacturing in process and the place of his work must be a factory or precincts thereof.

Therefore, the definitions of the terms ‘factory’, ‘manufacturing process’ and ‘worker’ must be read together to hold a person a worker within the meaning of the Factories Act. Rememberable Points :

(i) The following do not come under the definition of worker—

(a) An independent contractor or his coolies or his servants who do not work under control and supervision.

(b) Labour officer, doctor and nurse.

(c) A person employed to clean the plates in the hotel.  (ii) A person working for a manufacturing process without getting any wages be called a worker, The section 2(1) of the Factories Act, 1948 says that it is not compulsory to give the wages to person to achieve the status of a worker.

Clerk working in office is not considered as worker. Section 2(1) of this Act says that the participation in the probess of manufacturing is the dnly important basis to grant the status of a worker to any person.

It is interesting to note that clerk employed to work in office is not worker, but in case he is appointed in any process of the manufacturing or in relation to it he may be called a ‘worker’.

Q. 3. Define the term ‘Factory’ which existence would you include under Factory and which not? Discuss with 1Meerut, 2005 BN; 20031 illustrations.

Ans. Factory—Section 2(m) of Factories Act defines the term factory’ as any premises including the precincts there of:  (i) whereon ten or more workers are working or were working on any day of the preceding twelve 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 twenty or more workers are working or were working on any day of the preceding twelve months, and in any part of which the manufacturing activities are being carried on without the aid of power, or are ordinarily so carried on.

Note : (i) In counting the number of workers, temporary, part time or piece rate workers must be included. It was held by the court that if a manufacturing process was carried out using power with seven permanent workers and three temporary workers, the premises were deemed to be a factory.

(ii) If 10 or more workers even on single day in the previous 12 months are working if power is used would make the precincts into a factory. If power is not used then the precincts would be deemed to be a factory if 20 or more workers are working even on a single day in the preceding twelve months. Thus, if there are 10 persons working ion even one day (with the use of power) in the preceding 12 months and on the other days there are only 8 or 9 workers, it would be (deemed to be a factory. However, for computing the number of workers for the purposes of this clause, all the workers in different groups and relays, in a day, shall be taken into account, To take an illustration, If there are 8 workers on one day in the factory building (premise) engaged in a manufacturing process using electrical power and 2 worker are outside the factory building but within the factory precincts and are also engaged in the garner manufacturing process as the other 8 workers, the establishment is deemed to be a factory, even if for the rest of the 364 days of the preceding 12 months there were only 9 workers in attendance.

(iii) The factory must occupy a fixed site or premises. Premises includes precincts which means space enclosed by walls. The use of the word premises does not indicate that it must be restricted to the main building and not to be taken to cover open land as well. Hence salt works where process of converting sea water into salt is carried on in the open comes within premises as defined in the Act. It is not necessary that the entire premises or precincts should be used for a manufacturing process. The manufacturing process may be carried on in any part of the premises or the precincts. If a manufacturing process is carried on at two different places, they are considered as factories. In this regard, various courts, while delivering judgments on various issues relating to the definition of ‘factory’ have held. (i) The phrase ‘premises including precincts’ means “both premises with and premises without precincts.” Where premises is building it will include precincts also, but where premises are lands, they would not have precincts. Thus, both land and buildings are covered under this phrase. (State of Bombay Vs Ardeshir H. Bhiwandiwala, 1956, ILL.J. 26).

(ii) If a place in which manufacturing process is carried on is an open space, it cannot constitute a factory. (Kent Vs Astely, 1819, L.R. 5, Q.B. 19).

(iii) Factory means premises wherein anything is done towards the making or finishihg of an article up to the stage when it is ready to be sold or is in a suitable condition to be put in the market. (Pragnarain Vs. Crown, A.I.R. 1928).

(iv) Precinct means a space enclosed by walls or fences. (in re K.v.v. Sharma, A.I.R. 1953, Madras 269).

(v) A place solely used for some purposes other than the manufacturing process carried on in a factory or a workshop does not constitute a factory.

(vi) ESIC vs. Jalandhar Gymkhana Club. In this case the court held that the premises were a factory because the preparation of food and drinks in the club kitchen and the work of preserving and storing of food was a manufacturing

(vii) In Municipality V8. Union of India, it was held that water works was a factory because 10 or more persons were involved in using power to pump water, If a manufacturing process either with or without power is carried out exclusion Ely by members of a family, the establishment was n t to be considered a factory. (is) The projection and exhibition of cinema films if alga not a factory.

However, the term ‘Factory’ does not include .

(i) A mine subject to Indian Mines Act, 1952;

(ii) A mobile unit belonging to the armed forces of the Union;

(iii) A railway running shed; and

(iv) A restaurant, hotel or any eating place. The mere fact that an Electronic Data Processing Unit or computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof.

Thus, for any premises to be called as factory there are two main

deciding facto’s, viz .

(i) the indulgence in a manufacturing activity, and

(ii) the ’employment of specified number of people.

Powers to State Government:

(i) The State Government may extend the provisions of the Factories Act, even though the number of employees is less than the specified number.

(ii) The State Government has the powers to exempt any factory or a class of factories from some provisions of this Act, for such periods not exceeding 3 months at a time, subject to conditions.

(iii) The State Government may be a written order, on the application of the occupier, direct that

(a) two or more factories be treated as one factory, or
(b) different departments or branches of one factory be treated as separate factories.

Q. 4. An engineer wants to establish a factory. Ile approaches you for approval, licensing and registration of his factory. What would you recommend him according to the provisions of Factories Act, 1948?

Or

Explain clearly the various provisions of the Indian Factories Act, 1948, regarding approval, licensing and registration of a factory. What are the objects of these Provisions?

Ans. The occupier iB responsible for presenting an application to the State Government under Section 6 of the Factories Act, 1948 for the Approval, Licensing and Registration of a Factory. The State Government is competent to make rules requiring the submission of the plan, approval, licensing and registration of factories. The State Government make rules for the following .

(i) Requiring the submission of the plans of factories to the Chief Inspector or the State Government and the Previous permission ik writing to be obtained for the site on which the factory is to be situated and for the construction or extention of the factory.

(ii) An application for such permission may be sent to the State Government or the Chief Inspector along with duly certified plans and specifications.

(iii) The State Government is empowered to make rules requiring the registration and licensing and renewal.

(iv) The State Government will make policy and take decision

for making the approval, licensing and registration of the factories to which it feel is necessary.

(v) The State Government will prescribe the fee payable for registration, licensing and renewal of the licences.

(vi) No such licence shall be granted or renewed unless the notice specified in Section 7 of the Act has been given.

Approval of the Application. As per Section 6(2) of the Factories Act, 1948, if an occupier has submitted an application to Lae State Government or Chief Inspector of the Factories, as per rules for the purpose of construction or expansion of a factory and, nothing is communicated to him within 3 months from the date of the application submitted, it is deemed that the permission is granted. Appeal in Case of Disapproval. Section 6(3) of the Factories  Act, 1948 provide a right to appeal against the refusal to grant permission to construct or for the extension of a factory to the applicant.

Applicant may, within 30 days of the date of such refusal, appeal to the State Government in case of refusal by the Chief Inspector, and or in case of refuSal by the State Government to the Central Government.

No Need of Approval : As per an amendment Act of 1976 there is no need of approval under the following conditions:

(i) If the extension of a factory is being made due to replacement and there will be no adverse affect on the environment.

(ii) In case of installing and extra plant or instrument with the prescribed limits.  Q. 5, Explain clearly the various provisions of the Indian Factory Act, ‘1948 with regard to the safeguarding of health of the workers. Jhansi, 20121

Or

Explain the provisions of Factories Act, 1948 regarding ibe health of workers. [Meerut, 2000]

Or

“The main objective of the Factories Act, 1948 is to safeguard the health of the workers in the factories”. Explain this statement mentioning clearly the provisions of the Factories Act with regard to safeguarding the health of the workers. (Meerut, 1997 BPI

Or

“The main objective of Factories Act, 1948 is to safeguard the health of the workers working in factories,” Explain ‘this statement.

[ Garhwal, 2007]

Ans. Provisions of Factories Act, 1948

Relating to the Health of Workers

Every factory is required to provide appropriate health measures in accordance with the provisions of the Factories Act, 1948. Section 11 to Section 20 of the Factories Act, 1948 clearly state the provisions relating to the health of workers as under :

1. Cleanliness (Section 11):

(a) The factory has to be kept clean and free from effluvia (bad odour) arising from drain, privy (hidden) or other nuisance.

(b) The floors of the workrooms should be cleaned weekly by washing or by any other effective method. If the floor will become wet, drainage should be provided.

(c) All inside walls, ceilings, partitions, etc.

(i) should be repainted or revarnished at least once in 5 years.

(ii) if painted with washable water paint, then one coat in 3 years and washing once in 6 months,

(iii) if whitewashed or colour washed then at least once in 14 months,

(iv) All doors, windows frames, etc. to be painted once in 5

2’ Wastes and Effluent Disposal (Section 12) : There must effective systems to dispose off wastes and effluents. 3, Ventilation and Temperature (Section IS):

(a) There must be effective steps to secure and maintain adequate ventilation by circulation of fresh air and proper temperature to secure reasonable conditions of Comfort health to workers. and

(b) Where the temperature is expected to rise, proper measures should be taken to protect workers by separating the hot process or by insulating the hot parts or by other effective

(c) State Government has powers to prescribe standards for ventilation and temperature. (d) The Chief Inspector may serve a notice on the OCCUpier to adopt measures to reduce high temperature.

4. Dust and Fumes (Section 14) : If the manufacturing process releases dust, fumes or other impurity which are injurious to health exhaust fans should be installed to prevent its inhalation and accumulation. Secondly, internal combustion engines should be operated only when exhaust is carried out in open air.

5. Artificial Humidification (Section 15):

(a) In the factories in which humidity is artificially increased the State Government has powers to make rules to regulate—(i) Standards, (ii) Methods, and (iii) Tests for assessing humidity of the air, and to prescribe methods for securing sufficient ventilation and cooling of the air.

(b) Factories should use pure water or drinking water for artificial humidification.

6. Overcrowding (Section 16) : To avoid overcrowding which may be injurious to the health of workmen, at least 14.2 cubic metres should provided per worker. However the Chief Inspector has powers to exempt in writing any workroom from these requirements.  7. Lighting (Section 17) : There must be sufficient natural or artificial lighting in the work place and passages. Steps should be taken to prevent glare due to excessive light or eye strain due to insufficient light.

(i) Glazed windows and skylights should be cleaned on both surfaces.

(ii) State Government has powers to prescribe standards for lighting.

8. Drinking Water (Section 18):

(i) There must be effective arrangements to provide and maintain, at suitable points, sufficient supply of wholesome drinking water that is conducive to health, at points legibly marked as ‘drinking water’ in a language understood by the majority of workers.

(ii) Drinking water should not be situated within 6 meters of any washing place, urinal or latrine.

(iii) If there are 250 or more workers, provision must be made for cold water during the hot season.

(iv) State Government has powers to make rules for compliance and examination by prescribed authorities relating to supply and distribution of drinking water.

9, Latrines and Urinals (Section 19):

(i) There should be separate latrines and urinals for male and female workers.

(ii) The latrines and urinals shall be of prescribed sanitary types and maintained in clean and hygienic condition with adequate lighting.

(iii) State Government has powers to prescribe the number of these facilities depending upon the Nurnberg of male and female workers and also the sanitation standards in factories.

10. Spittoons (Section 20):

(i) The employer shall provide sufficient spittoons at convenient places and shall take steps to maintain them in clean and hygienic condition.

(ii) State Government has powers to make rules relating to the type and number of spittoons and for their maintenance.

(iii) There is a rule that spitting in areas outside a spittoon is an offence punishable with a fine of upto 5.

Q. 6.Point out the various provisions relating to the safety of workers that have been enacted under Factories Act, 1948. (Garhwal, 2009)

Or  “The first and the last important requirement of the Indian Factories Act, 1948 is the safety of the workers.” Explain this statement. [Meerut, 2004, 1998]

Or

Explain the provisions made for the safety of the workers against the dangerous machines under the Factories Act. (Garhwal, 2007 and Meerut, 2001]

Or

do you understand by the fencing of Describe the provisions of the Factories Act regarding the fencing of machines. (Meerut, 1992]

Ans. One of the biggest challenges in our country is developing a safety culture as an integral part of the work culture. Section 21 to 41 deal with the safety provisions. These provisions are summarised below :  1. Fencing of Machinery and Machinery in Motion (Section 21):

(i) Certain parts of a machinery are very dangerous and workers are vulnerable to injury. Such dangerous parts should be securely fenced.

(ii) When the machinery is in motion, only specially trained adult workers wearing tight fitting clothes should be assigned the work of examining such machinery. Their names should be recorded in a register maintained for such purpose.

(iii) Handling of moving pulleys should be allowed only after all prescribed precautions are taken. A pulley is a wheel over which a rope passes and is used for lifting things or to drive an endless belt.

(iv) State Government has powers to part rules for further precautions in this respect.

(v) No woman or young person should be allowed to (a) clean, (b) lubricate or (c) adjust any part of machinery while it is moving or when it would expose them to risk of injury from the moving or any adjacent machinery.

2. Young Persons on Dangerous Machines (Section 23): “Young Person” means a person who is a child or an adolescent. Adolescent according to this Act is a person who has completed 15 years but not 18 years. Child is one who has not completed 15 years. This Section lays down that no young person shall work on a dangerous machine unless h is fully instructed about the dangers and sufficiently trained to work on such a machine or he is made to work under the direct supervision of a knowledgeable and trained person.

3. Striking Gear and Devices for Cutting off Power (Section 24):

(i) There must be a good arrangement to see that the moving belt does not undergo creeping from fast-pulley to loose- pulley mode in machinery driven by belts, otherwise the worker may get seriously injured.

(ii) If electricity is used there must be an efficient mechanism to prevent accidental starting of the machine.

4. Self-Acting Machines (Section 25): A clear distance of45 cm must be kept between a self-acting machine and the fixed structure to prevent injury to a person passing from there. 50 Casing of New Machinery (Section 26) :

(i) All new power-driven machinery which is installed should be properly guarded by a casing to prevent against danger,  (ii) If the seller or hirer of such machinery does not comply with the safety requirements, he is liable to be punished by

imprisonment upto 3 months or with fine which may extend to 5,000/- or with both.

(iii) State Government has powers to make rules to provide additional safeguards.

6. Prohibition of Employing Women/Children (Section 27): Children below 15 years of age and women shall not be employed for pressing cotton on a cotton-opener unless the feed-end of the co’tton-opener is in a separate room away from the delivery end. The Inspector may allow in writing that’ wbmen and children may be employed on the side of the partition Where the feed-end is situated.

7. Hoists and Lifts (Section 28): Hoist is an apparatus for pulling or raising things. Lift is an elevator generally used by persons. These should be of good make and regularly maintained. The maximum safe load should be indicated. There must be least possibility of someone getting trapped’: Periodic examination by competent persons is mandatory. The State Government may provide additional requirements or it may relax pertain conditions.

8. Lifting Machines, Chains, Ropes (Section 29): Lifting machine means a crane, winch, pulley, transporter or runway. Lifting tackle means any chain sling, tackle, hook, etc, used for raising or lowering of persons or loads in a factory. The same stipulations given in Sec. 28 above apply in these cases also.

9. Revolving Machinery (Section 30): It is stipulated that the peripheral speed of every grinding machine or abrasive wheel should be displayed by a notice indicating the safe maximum speed. Peripheral speed means the speed on the periphery or the edge of the grinding surface. Abrasives are substances used for grinding or polishing surfaces. The safe speed must never be exceeded.

10, Pressure Plant (Section 31);

(i) Effective measures must be taken so that the safe maximum working pressure is not exceeded.

(ii) State Government has powers to make rules relating to (a) examination, (b) testing and (c) prescribing other safety measures.

(iii) State Government has powers to exempt any plant machinery from any provisions.

ll. Floors, Stairs and Access (Section 32): Floors, stairs, Passages and gangways should be of sound construction, They should be maintained properly and be free of obstruction. Safety of persons Working at high heights should be ensured. 12. Pits, Sumps, Opening in Floors (Section 33): A pit is a hole in a surface area or a hole in the ground. A sump is a hole or a low area into which liquid drains. These should be securely covered or fenced if they are likely to be a source of danger due to their depth, situation, construction or contents.

13. Excessive Weights (Section 34):

(i) No worker shall be asked to lift, carry or move any load which is likely to cause him/her injury.

(ii) State Government has powers to make rules relating to weights which may be lifted, carried or moved by adult men adult women, adolescents, who are employed in factories.

14. Protection of Eyes (Section 35): If a manufacturing process involves risk or injury to eyes from particles, fragments thrown off in the process or there is risk to the eyes by exposure to excessive light, then effective screens and goggles should be provided.

15. Protection against Dangerous Fumes, etc. (Section 36): No person should be asked to enter any confined space such as a chamber, tank, pipe, which will involve risk from fumes, gases, etc. unless (i) the place is provided with a manhole or another way out, or (ii) till they are removed, or (iii) the space is certified fit by a competent person, or (iv) suitable breathing apparatus is provided and a belt with rope is provided with the other end in the hands of another person outside the confined space.

16. Portable Electric light (Sec. 36A):

(i) No person should be allowed to use when inside any chamber, tank or pit, any portable electric light exceeding 24 volts and

(ii) If there is the likelihood of inflammable gas or fumes then light of flame proof construction should be used.

17. Explosive or Inflammable Dust, Gas etc. (Section 37):

(i) If the manufacturing process produces dust, gas, fumes or vapors which are likely to explode or ignite, all practicable preventive measures should be taken to prevent it.

(ii) State Government has powers to exempt any factory from any of these provisions.

18. Precaution in Case of Fire (Section 38): Every factory shall be provided with:

(i) Safe means of escape,

(ii) Fire fighting equipment and facilities,

(iii) Workers trained in fire fighting and who are familiar with means of escape.

The Chief Inspector has powers to suggest additional measures riding up (i) the nature of work, (ii) construction of factory, (iii) depe.al risk to the life and safety of workers. spa 19. Powers Relating to Specifications (Section 39) : The I f pectoral of Factories has powers pertaining to (i) defective parts or tests of stability, etc. (ii) Safety of building and machinery (Sec: 40) and (iii) maintenance of buildings (Sec. 40-A). The employer ma* be 1,000 or more workers are employed or where the State Govern merit considers that the manufacturing process is risky to the worker then it can issue a notification and require that a specified number of safety officers be appointed.

Q, 7.What is meant by ‘Labour Welfare’? Describe t ‘e provisions of the Factories Act regarding the Labour We [Garhwal, 2010]

Or

Briefly state the provisions made in the Factories Acts 1948 regarding Welfare of Workers. [Meerut, 2002 B and 1999]

Ans. All sections of society have emphasized the importance of welfare measures of industrial workers as a means to increase’ the workers efficiency to keep up their morale and for maintaining industrial peace. Section 42 to Section 50 contains provisions regarding the welfare of workers which are as under—

1. Washing Facilities (Section 42): In every factory suitable and adequate facility shall be provided separately for males and females and such facilities shall also be maintained by the employer regularly for the benefit and use of the workers working in the factory. Such facilities shall be kept clean and also they shall be conveniently approachable.

2. Facilities for Storing and Drying Clothing (Section 43): The State Government has the power under Section 43, to make rules for providing the suitable ‘places to keep the clothing not worn during the working hours and for drying of wet clothes at suitable place for the factory workers.

Facilities for Sitting (Section 44): This section lays down that, in every factory where workers are obliged to work in a standing Position, suitable arrangements for sitting should be made go that such Workers may take advantage of an opportunity for rest which Occur in the course of their work. Also where the Chief inspector Of the opinion that the workers in a particular manufacturing Process or room are able to do their work efficiently in a sitting he may by an order in writing requires the occupier of the to provide seating facilities before a specified date. The State Government may, by notification, in the official Gazette, grant an exemption from the above provisions to any specified factory or class or description of factories or to any specified manufacturing process.

4. First Aid Appliances (Section 45): The Factories Act 1948 has made the provisions of the first-aid appliances obligatory and mandatory for the factories. Section 45 gives that—

(i) In every factory shall be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cup-boards equipped with the prescribed contents and the number of such boxes or cupboards shall not be less than one for every 150 workers employed in the factory.

(ii) It also gives that nothing except the prescribed contents shall be kept in the first-aid box or cupboard.

(iii) Each first-aid box or cupboard shall be kept in the chargé of the separate person having a certificate in the first-aria treatment, who shall always be readily available during the working hours of the factory.

(iv) Where more than 500 workers are employed there shall be provided and maintained an ambulance room of the prescribed size containing the prescribed equipments and in the charge of the nursing staff.

5. Canteens (Section 46): In a factory where is more than 250 workers are employed, a canteen shall be provided and maintained by the occupier of the factory for the benefit of the workman. The State Government has the power to make rules prescribing the standard of construction, accommodations, furniture and other equipments. It may further provide for the foodstuff and charges to be applicable in the canteen.

The management of the canteen shall be done by the committee consisting of the representatives of management and workmen. The expenditure in the running of the canteen shall be shared by the employer as may be prescribed by the State government’. The welfare officer shall be the ex-officio chairman of this commit fee. Also it has been provided that the canteen must Turin on no profifbasis, but it’ will not apply on a contractor of such a canteen.

6. Shelters, Rest Rooms and Lunch Rooms (Section 47): This section lays down that in every factory wherein 150 or more workers are employed, shelters, restrooms and such rooms must be provided in adequate encumbers and size with proper ventilation conditions. It should also have the provision of drinking water, where worker can eat meals brought by them. If the canteen has been provided in the factory, it shall be regarded as the part of the requirement of this subsection as canteen is used in the place of the I inch room. The section further provides that where a lunch room exists, no workers shall eat food in the work room. Such shelters or rest rooms shall be sufficiently lighted and ventilated and shall be maintained in cool and clean conditions.

The State Government may by notifications in the official

(i) prescribe the standards in respect of construction, accommodations, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided.

(ii) It can also exempt any factory class or description or factories from the requirement of this section.

7. Creches (Section 48): This section provided that in a factory where in more than 30 women workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of 6 years of such women. This is due to the fact that where women have been employed, their infants are taken into the factory, exposed to the noise and danger of moving machinery and a dusty atmosphere.

It further provided that such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary conditions and shall be under the charged of women trained in the care of children and infants.

The State Government may also make rulers regarding additional facilities such as—

(i) prescribing location and the standards in respect of construction, accommodation furniture and other equipments to be provided.

(ii) for additional facilities for the care of children belonging to women workers.

(iii) for providing free milk or refreshment or both for such children.

(iv) for giving facilities to the mothers of such children to feed them at necessary intervals.

8. Welfare Officer (Section 49): The main duty to look after the welfare lies on the welfare officer of the factory, As per Section 49′ in every factory where in 500 or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officer as may be prescribed. The State Government’ is empowered to prescribe the duties, qualifications and conditions of service ‘of the welfare officer.  9. Power to Make Rules (Section 50): Section 50 of the Factories Act 1948, provides that the State Government has the power to make following rules—

(i) To exempt any factory, class or descriptions of factories from the compliance of any of the above States welfare provisions under Section 42 to 49. However, the State Government will provide alternative provisions to ensure the welfare of the workers.

(ii) The State Government may also require that the representatives of workers, working in the factory shall be associated with the management of the welfare arrangements of the workers.

Q. 8. State the provisions of the Factories Act, 1948 with regard to the health and welfare. (Meerut, 1998 BPI

Ans. See the answer of Q. 5 and Q. 7.

Q. 9.State the provisions in brief of the Factories Act with regard to health, safety and welfare of the workers. [Meerut, 1990 and 1991 P] Ans. See the answer of Q. 5, Q. 6 and Q. 7.

Q. 10. Discuss the provision regarding the working hours of adult workers in Factories Act, 1948. [Garhwal, 2009; Meerut, 1995]

Ans. Sections 51 to Section 65 of the Factories Act 1948, gives the rules regarding working hours for adults workmen, whether men or women whose age is more than 18 years.

1. Weekly Hours of Work (Section 51): Section 51 provides- that no adult worker shall be required or allowed to work in a factory r more than 48 hours in any week. If a worker has been working 42 hours a week and because of transfer or any other reason he asked to work for 48 hours a week, he cannot claim additional wages for these 6 hours.

2. Weekly Holidays (Section 52): Under Section 52 of the Factory Act, an adult worker shall be allowed to have one holiday once in a week. Weekly holidays are necessary for the workers to recover energy for the work they are doing in the factories. Sunday, being the first day of the week may be treated as holiday for this purpose. In case, where workers are required to work on Sunday, they must allowed to have a holiday within three days before or after the first day of the week, i.e. , Sunday. A previous notice of this desire of manager to employ a worker on Sunday has to be communicated to the Chief Inspector before the worker is made to work. Such notice must also be displayed in the factory. But the substitution should not result in the worker working for more than 10 days consecutively without holiday for the whole day.  No general permission can be granted for altering the day of weekly holiday so as to cover all the workmen, whenever workers are required or permitted to work on a weekly holiday, the specific permission of the Chief Inspector in respect of each and every worker who is required to work on such a day shall be obtained.

3. Compensatory Holiday (Section 53): This section provides that where a worker is required to work on weekly holiday, he shall be allowed compensatory holiday in equal number and such compensatory holidays shall be allowed either within the same month or within 2 months next. The State Government is empowered to prescribe the manner in which such compensatory holidays may be allowed.

4. Daily Hours of Work (Section 54): Under Section 54, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day. However, the daily maximum hours specified in this section may, with the previous approval of the Chief Inspector, be exceeded in order to facilitate the change in shift.  5. Interval for Rest (Section 55): No adult worker shall be allowed to work continuously for more than 5 hours, and at least half an hour rest is compulsory after a continuous working of 5 hours. However, the Chief Inspector or the State Government may exempt any factory from this provision by issuing a written order and showing reasons therefore. But in such cases also, the total number of hours worked continuously shall not exceed six.

6. Spread Over of Working Hours (Section 56): According to Section 56, the period of work of an adult worker in a factory shall be so arranged that including his intervals of rest as per Section 55, they shall not spread over for more than ten and half hours in any day. However, the Chief Inspector may extend this period upto 12 hours by showing reasons in writing.

7. Working in Night Shifts (Section 57): This section provides that where a workman in a factory works in a shift which extend beyond midnight. In such cases his weekly or compensatory holidays shall be counted upto the end of the shift. The next day for him shall be deemed to be the period of 24 hours, when such shift end and the number of hours he worked after the midnight shall also be counted In previous day.

8. Prohibition of Overlapping Shifts (Section 58) : Section 58 Provides that work shall not be carried on in any factory by means System of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. 1′ Government or the Chief Inspector may grant any factory exemption

9. Extra wages for Overtime (Section 59): Section 59 lays Q down the provisions regarding extra wages for overtime. It gives that, where a worker works in a factory for more than 9 hours any day or for more than 48 hours in a week, he shall in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

The ordinary rate of wages means and include:

(i) Basic wages and

(ii) Allowance including the cash equivalent for food grains and S other articles, but it does not include—

(a) Bonus, (b) Wages of overtime work.  The cash equivalent to the concessional supply of foodgrains etc. be admissible to a standard family. The word ‘Standard Family’ means a family consisting of the worker or his/her spouse and two children below the age of 14 years thereby making 3 adult consumption units. The term adult consumption unit means a male worker above the age of 14 years. However, the consumption unit of a female above the age of 14 years and below the age of 14 years shall be calculated at the rate of 0.8 and 0.6 respectively of one adult consumption unit.

Where workers in a factory arc paid on a piece rate wages, the time rate shall be deemed to be equivalent to the daily average of their full time earning for the days on which they are actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done and such time shall be deemed to be the ordinary rate of wages. of those workers. The State Government is empowered to prescribe rules governing the computation of such cash equivalent and the maintenance in a factory of the necessary registers for purpose of securing compliance with the provisions of this section.

10. Restriction to Double Employment (Section 60): Section 60 of Factories Act 1948 provides that no shift worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory. This means that no worker can work in two factories on the same day.

11. Notice of Periods of Work (Section 61):

(a) Notice regarding the period of hours of work should be displayed in English and in the language understood by the majority of workers.

(b) Change in the working hours should have prior sanction of the Chief Inspector of Factories.

12. Register of Adult Workers (Section 62): The factory anger has to maintain a register of adult workers giving the prescribed details about them.

Q. 11. Enumerate briefly the provisions and restrictions under the Factories Act, relating to the employment of omen and young persons. [Meerut, 2002]  Explain the restrictions imposed by the Factory Act, 1948 n the employment of children and women workers in a victory, [Garhwal, 2010]

Ans. (I) Restrictions on Employment of Women Section 66 has laid down certain restrictions on the employment bf women in factories:

(a) Female worker shall be allowed to work between 6 a.m. and 7 p.m. (No night Shift)

(b) This limit may be changed by the State Government, but no change shall authorise the woman to work between 10 p.m. and 5 a.m.

(c) The change in shift can only be made after a weekly holiday or any other holiday.

(d) There is no exemption relating to daily working hours.

(e) For women working in fish curing or fish canning factories,” the State Government may make suitable rules, if it is necessary to prevent damage to or deterioration of the raw material (fish). These rules are to be in force upto 3 years at a time.

Amendment in Section 66: Parliament has amended Sec. 66 the year 2005 by which the restriction on women workers to do e night shift has been withdrawn. In certain industrial abolishment’s like pharmaceuticals, call centers, information phonology, etc. Women workers are permitted to do the night shift unitarily. The State government will specify which factories are fitted and the minimum number of women workers in a night for the purpose. The factory management has to make’ adequate provision for the transportation and safety of women workers. This indent was passed in keeping with the principle of gender equality and to satisfy the economic needs of families.  (Il) Employment of Children/Young Person

(Section 67 to 77)

Young person means a person who is (i) either a child, or (ii) an adolescent.

Child means a person who has not completed 15 years of age. Adolescent means a person who has completed 15 years of age but has not completed 18 years of age. Adult is a person who has completed 18 years of age.  Note:

(i) It is the duty of the employer to ascertain the age of the child whom he allows to work in his factory. He cannot depend on the statement of the applicant.

(ii) If an adolescent does not possess a Token giving reference to the certificate that he is deemed to be an adult, he is deemed to be a child.

(iii) The Amending Act of 1954, bars employment of an adolescent who has not attained the age of 17 years in any factory during the night.

The provisions regarding the employment of Children/Young person as contained in the Factories Act are as under:

1. Prohibition of Employment of Children (Section 67): No child who has completed his 14th year shall be required or allowed to work in any factory.

2. Token for Non-adult Worker (Section 68); A child who has completed 14th year or an adolescent, may be allowed to work, if a certificate of fitness is granted and he carries a Token giving reference to such certificate.

3. Certificate of Fitness (Section 69): A Certifying surgeon (Sec. 10) shall on an application by a young person or his parent/ guardian a long with a document signed by the factory manager, that such person shall be employed if certified fit, shall examine the young person grant a Certificate in the prescribed form stating inter alia that the young person has completed 14 years of age and is physically fit.

The Certificate is valid for a period of 12 months,

Working Hours for Children (Section 71 to 77)

1. No child shall be allowed to work in a factory for more than 4h hours in any day. He shall not work between 10 p.m, and 6 a.m.

2. The employment of children shall be limited to 2 shifts and spreadover and overlapping of shifts should not be more than 5 hours

3. Change of shift shall be after 30 days only.  4. No child shall be allowed to do double employment.

5. A female child is allowed to work only between 8 a.m. and 7 pm.

6. There has to be no relaxation (increase) in hours of work and all weekly holidays must be given to child workers.

7. The employer has to maintain a Register of child workers as prescribed

8. Notice of period of hours of work is to be displayed in English and in a language understood by the majority of workers.

Note: This is to ensure transparency and also to inform the workers about the hours of work for child workers:

9. In doubtful cases, an Inspector has a right to get such person examined again by the certifying surgeon.

10. The State Government has powers to make rules relating to

(i) Forms for Certificate of fitness,

(ii) Prescribing physical standards,

(iii) The procedure of certifying by surgeons and their duties, in connection with the employment of young persons.

 

Industrial Law The Factories Act 1948
Industrial Law The Factories Act 1948

Q. 12. Explain clearly the provisions of the Factory Act, 1948 regarding the payment of wages with annual leave. [Garhwal, 2006]

Or

Discuss the provisions of the Factories Act regarding leaves with wages and also regarding determination of wages during leave period, [Meerut, 2002 B and 1995]

Annual Leave with Wages

(Section 78 to Section 84)   Provisions regarding annual leave with wages are governed by Sections 78 to 84 of the Factories Act 1948. Section 78 provides that provisions of Factories Act shall not operate to the prejudice of any right to which a worker may be entitled under any other law, or under the terms of any award, agreement or contract of service. The basic objectives of these provisions is to give better terms of service to the workers engaged in the factories. There provisions are not applicable to workers in any factory of the Railway administered by the Government. The rules relating to annual leave are as under—

1, Annual Leave with Wages (Section 79); Section 79 of the Factories Act 1948, provides that every worker who has completed 290 day or more during the calendar year shall be allowed in the next calendar year leave with wages at the rate OP

(i) ore loaves for every 20 days of work done in case or audit (ii) one day leave for every 15 days of work done in case of child workers.

For the purpose of computing the period of 240 days or more, the following shall be included—-

(i) Any lay off by agreement in contract as per the provision of the standing orders.

(ii) 12 weeks maternity leave in the case of female workers.

(iii) leave earned in the previous year. The leave admissible under this section shall be exclusive of all holidays whether before or at the end of such holidays. If the worker is discharged or terminated from service during the year, he shall be entitled for annual leave with wages irrespective of the fact that he has not completed 240 days. Also if a worker does not avail the leave due in any year the same shall be carried forward to the next succeeding year which shall not exceed 30 in case of adult and 40 in case of child. But this restriction will not apply in case of a worker who has applied leave but the leave has been refused.

Any worker may apply for annual leave to the manager/occupier of the factory. The application must be moved by the worker for this purpose at least 15 days before the date when he wants leave in case of any service in non public utility services and 30 days in advance in the case of public utility services. Such leave shall not be applied for more than 3 times in a year. The provision of advance application shall not apply in case the workers require leave on medical ground.  In case the services of any workman who is entitled to take leave is terminated by the occupier of the factory before availing leave for which he is entitled to or the leave applied for and has been refused, the occupier shall pay such workman the amount in lieu of leave due. Such payment shall be made by the occupier before the expiry of second working day in the case of termination or resignation. If the worker dies while in service, the payment shall be made before the expiry of 2 months from death.

For the purpose of ensuring continuity of work, the occupier or manager of the factory in agreement with the works committee of the factory, or in an agreement with the representative of the worker’s may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable may be regulated. The scheme shall be displayed at some prominent and convenient places in the factory and schedule in force for a period of 12 months from the date on which it comes into force.

However, the provisions of Section 79 as above regarding annual leave with wages shall not apply in case there is an agreement between labor and management which favors better leave to the will also not affect any award given by any tribunal workman. Which is more favorable? The provisions of Section 79 will not come in way when there are better leave provisions either by contractual settlement or by way of award of any tribunal

2. Wages During Leave Period (Section 80): Section 80 of the Factories Act 1948 deals with wages during the leave period. It provides that for the leave allowed to worker under Section 79, a worker shall be certified to wages at the rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately proceeding his leave, exclusive of any overtime and bonus, but inclusive of dearness allowance and the cuss equivalent of the advantage accruing through the concessional sale to the worker of food grain and other articles. While computing the cash equivalent of the concessional sale of food grains and other articles, one must keep in mind that these are admissible on the basis of standard family. Here, standard family means the worker, his or her spouse and two children below the age of 14 years. The State Government has the power to make rules for the computation of cash equivalent of the advantage accruing through the concessional sale of food grains and other articles to the worker. A register must be left and maintained as prescribed by the State Government in this regard.

3. Payment in Advance (Section 81): This section provides for an advance payment of leave salary to the workers. According to this Section when an adult worker has been granted leave for more than 4 days or a child has been granted leave for more than 5 days and such persons apply to the employer for advance payment for leave, the employer shall bound to pay them advance for leave granted to them.

4. Mode of Money of Unpaid Wages (Section 82): As per Section 82 of the Act, any sum required to be paid by an employer under these cases, but not paid by him, shall be recoverable as delayed wages under the provisions of Payment of Wages Act, 1936.

5. Power to Make Rules (Section 83): Section 83 of the Factories Act 1948, empowers State Government to direct the manager/occupier of a factory to keep a register, with containing Prescribed requirement. The Register must be made available to the Inspector, as and when examination is required.

6. Power to Exempt Factories (Section 84); Section 84 lays down that State Government has powers to exempt a factory from the provisions of the above sections of the Act, if it is satisfied that the leave rules applicable to the workers in the factory provide benefits which in its opinion are not less favorable than the statutory leave rules. The exemption may be made by a written order and subject to such conditions as may be specified in the order.

Q. 13. Describe in brief the special provisions from Section 87 to 91 for the safety of workers. [Garhwal, 2010]

Ans. 1. Dangerous Operation (Section 87): Section 87 of the Factories Act 1948, gives the powers to State Government to make special rules for the purpose of controlling and regulating factories which carry on any manufacturing process or operations which expose workers to a serious risk of bodily injury, poisoning or disease. Regarding this section, a State Government can—

(i) Specify the manufacturing process or operations and declaring it to be dangerous;

(ii) Prohibits and restricting the employment of women, adolescent or children in the manufacturing process or operations.

(iii) Provides for the periodical medical examination of persons employed Or going to be employed in the manufacturing process or operation, and prohibits the employment of persons not certified as fit for such employment and require the payment by the occupier of the factory of fees for such medical examination.

(iv) Provides for the protection of all persons employed in such manufacturing process or operations.

(v) Prohibits, restrict and control the use of any specified material or processes in connection with such processes or operations.

(vi) Requires the provisions of additional welfare amenities and sanitary facilities and to supply of protective equipment and clothing.

(vii) Lay-down the standards, regarding the dangerous nature of the manufacturing process or operations.  Power to prohibit employment on account of serious hazard (Section 87-A): Section 87-A provides thou if it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therem or to the general public in the vicinity, he may be order in writing to the occupation of the factory, prohibits him from employing any person in the factory.

The order issued by the Inspector shall have effect for period Of 3 days until it is extended by the Chief Inspector  2. Notice of Certain Accident (Section 88): As per Section 88, it is the duty of the manager of the factory to send notice of the accident occurring in the factory to the appropnate authorities which causes—

(i) death; or

(f) any bodily injury by reasons of which the person injured is prevented from working for a period of forty eight hours or more immediately following the accident. Where the notice given above ideates to an accident causing death, the authority to whom such notice is sent shall make an enquiring into the occurrence within one month of the receipt of the notice, or, if such authority is not the Inspector, cause the Inspector to make an enquiry within the said period. The State Government is empowered to make rules for regulatingthe procedure at enquiries under this section.

3. Notice of Certain Dangerous Occurrences (Section 88- A): Section 88-A of the Factories Act 1948 provides that where in a factory any dangerous occurrence of such nature as may be prescribed, occurs whether causing any bodily injury or disability or not/ the manager of the factory shall send notice thereof to such authorities and in such form and within such-time as may be prescribed.

4. Notice of Certain Diseases (Section 89): Section 89 lays down that, if any worker in the factory contacts any diseases specified in the Third Schedule, the manager of the factory, shall sent a notice to the prescribed authority in the prescribed manner and within such time a may be prescribed. The attending medical practitioner shall without a delay send a report in writing to the office of the Chief Inspector when any worker contacts such disease. The contents of such report are—

(i) The name and full’ postal address of the patient;

(ii) The disease from which he believes the patient to be suffering;

(iii) The name and address of the factory in which the patient is or was last employed,

If the Chief Inspector satisfied, he shall pa prescribed fee to the medical practitioner and this fee shall berbcoverable as arrears of the land revenue from the occupation of the factory in Which the persons contracted the disease. If any medical practitioner fails to comply with this provision, he shall be punishable with fine upto rupees one thousand.

The Central Government is empowered to add to or to alter theThird Schedule by a notification in thé Official Gazette and such addition or alteration shall have the effect as if it had been made by this Act.

5. Powers to Direct Enquiring into Cases of Accident or Disease (Section 90): According to Section 90 of the Factories Act 1948, State Government is empowered to appoint a competent person to enquire into the cases of any accidents having occurred in the factory or any diseases specified in the Third Schedule, contracted by the persons in the factory. The persons so appointed should have legal or special knowledge to act as accessory in such inquiry. Persons appointed to hold an enquiry into the cases of accidents or diseases shall have the power as provides in the Civil Procedure Code. The persons holding inquiry shall report to the State Government stating the causes of accident or disease. The State Government if thinks fit may publish a report as the contract there form, the State Government may make rules for regulating the procedure as inquiries under this section.

6. Power to Take Samples (Section 91): As per Section 91, the Inspector is empowered to take, at any time during the normal working hours of factory after informing the manager or occupier of the factory, samples of any substance used or intended to be used in the factory. The sample may be taken for the purpose of finding out whether the thing is injurious which is likely to cause bodily injuries or affect the health of the workers in the factory and if the factory is violating any of the provisions of the Act. The samples so collected from the factory should be divided into three portions by the Inspector and effectively seal and suitably mark them and shall permit such persons to add his own .seal and mark them to. This section further provides that, if the Inspector requires, the person shall provide appliance for dividing, sealing and marking the sample being taken. Out of the three portion of the sample so made on portion shall be given to the person concerned, second to the Government Analyst for analysis and the third, for production before the court as evidence in any proceedings. The report so made by Government Analyst upon any substance submitted to him for analysis and report, may be used as evidence in any proceedings institute in respect of the substance.

Industrial Law The Factories Act 1948

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