Page 55 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Introduction

With the establishment of the Cotton Mill in 1851 and Jute Mill in Bengal in 1855, modern
factory system was founded in India. Women and children were employed. There were excessive
and long hours of work with little recreation. In 1881, Indian Factories Act was passed which
gave protection to the employees especially to the children. The factory commission was
appointed in 1890 by the Government of India. On the basis of the recommendation passed by
the commission, an Act was passed in 1891 whereby the factory was amended to include premises
in which fifty persons or more were employed. The acts were amended from time to time. The
Act 1911 was amended in 1922 to implement the inventions on the hours of the work.
In year 1948, the Factories Act, 1934 was revised and its scope extended to include welfare,
health, cleanliness, overtime payment and similar measures. The Factories Act was to ensure
proper, safe and healthy working conditions in the factories, so the workers may feel interest
and while in factories devote their time and labour in the working process of the factory without
the fear of accidents and bodily strain. All the provisions of the Factories Act came into force
with the effect from 1st December 1987.

3.1 The Factories Act, 1948

The object of the Act is to protect human beings from being subject to unduly long hours of
bodily strain or manual labour. It also seeks to provide that employees should work in healthy
and sanitary conditions, so far as the manufacturing process will allow and that precautions
should be taken for their safety and for the prevention of accidents.

3.1.1 Scope and Applicability of the Act

The Act extends to whole of India. It applies to all factories, including factories belonging to
Central or any State Government unless otherwise excluded. The benefits of this Act are available
to persons who are employed in the factory and be covered within the meaning of the term
"worker" as defined in the Act. It would be desirable to discuss the meaning and definition of the
term "factory" and "worker". Since the term "factory" refers to manufacturing process, it would
be helpful to know the meaning of the term "manufacturing process" as defined by the Act.
Applicability of the Factories Act, 1948: The Act is applicable to the premises wherein:
(i) 10 or more workers are employed with use of power
(ii) 20 or more workers are employed without the use of power

(iii) Less than 10 workers, if activity is notified by the State Government.
Engaged in manufacturing activities
1. Factories Act, 1948, is a central act, enforced by the state governments making the relevant
rules to extend scope and objectives of the Act.
2. Karnataka State has formulated its rules as envisaged under the Act, and they are called
"The Karnataka Factories Rules, 1969".

3. The Act is applicable to all the factories including state, and Central Government.
4. Onus is on the part of the factory management to comply with the provisions of the Act
and Rules made there under.

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