WELFARE (SECTIONS 42 TO 50)

Washing facilities (Section 42)

In every factory , there shall be provided (a) adequate and suitable facilities for washing shall be provided and maintained for use of the workers therein; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean. The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.

Facilities for storing and drying clothing (Section 43)

The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable place for keeping clothing not worn during working hours and for the drying of wet clothing.

Facilities for sitting (Section 44)

There shall be suitable arrangements for sitting in every factory and they shall be maintained for all workers obliged to work in a standing position. The provision ensures such worker may take advantage of any opportunities for rest which may occur in the course of their work. If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room, are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. The State Government is vested with the power to exempt, by notification in the Official Gazette, any specified factory or class or description of factories or to any specified manufacturing process from compliance of the provisions of this section.

First-aid-appliances (Section 45)

In every factory, there shall be provided and maintained so as to be readily accessible during all working hours’ first-aid boxes or cupboards equipped with the prescribed contents. At least one such box or cupboard shall be provided and maintained for every one hundred and fifty workers ordinarily employed at any one time in the factory. It is also mandatory that nothing except the prescribed contents shall be kept in a first-aid box or cupboard. Each first-aid box or cupboard shall be kept in the charge of a separate responsible person, who holds a certificate in first-aid treatment recognized by the State Government and who shall always be readily available during the working hours of the factory. There shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment in every factory wherein more than five hundred workers are ordinarily employed. The ambulance shall be in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.

Canteens (Section 46)

The State Government may make rules requiring that the occupier shall provide and maintain a canteen or canteens for the use of the workers in any specified factory wherein more than two hundred and fifty workers are ordinarily employed. Without prejudice in the generality of the foregoing power, such rules may provide for- (a) the date by which such canteen shall be provided; (b) the standard in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; (dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer ; (e) the delegation to Chief Inspector subject to such conditions as may be prescribed, of the power to make rules under clause (c).

 Shelters, rest-rooms and lunch-rooms (Section 47)

It is mandatory to provide and maintain adequate and suitable shelters or rest-rooms and a suitable lunch-room, with provision for drinking water, where workers can eat meals brought by them in every factory wherein more than one hundred and fifty workers are ordinarily employed. It is provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this section. It is also provided further that where a lunch-room exists no worker shall eat any food in the work-room. The shelters or rest-room or lunch-room to be provided shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. The State Government may (a) prescribe the standards, in respect of construction accommodation, furniture and other equipment of shelters, rest-rooms and lunch-rooms to be provided under this section;(b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section.

Creches (Section 48)

It is compulsory to provide and maintain a suitable room or rooms for the use of children under the age of six years of women in every factory wherein more than thirty women workers are ordinarily employed. Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. The State Government may make rules-(a) prescribing the location and the standards in respect of construction, accommodation; furniture and other equipment of rooms to be provided, under this section;(b) requiring the provision in factories to which the section applies, of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing;(c) requiring the provision in any factory of free milk or refreshment or both for such children;(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.

Welfare Officers (Section 49):

In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. The State Government may prescribe the duties, qualifications and conditions of service of officers so employed.

Annual Leave with Wages (Section 79)

Every worker who works for 240 days in a calendar year, is allowed an annual leave with wages at the rate of one day for every 20 days of work performed in case of an adult and one day for every 15 days of work performed in the case of a child. Annual leaves can be carried forwarded upto 30 days in the case of an adult and 40 days in the case of a child.
 
Obligations of the Employer

The main obligations of the employer are as under :
(a) to obtain the apptoval of the appropriate government for the to cation, site plan and construction of the factory and also the license for operating the factory;

(b) to implement all the provisions of the Act, and undertake the health, safety and welfare measures as prescribed under the Act:

(c)    to send written notice to the Chief Inspector at least 15 days before occupying or using the premises as a factory along with the required information;

(d)    to provide all benefits and facilities to the workers such as annual leave, weekly holidays, double wages for overtime, washing facility, first aid, canteens, creches, rest and lunch rooms as prescribed under the act;

(e)    to display abstract of the Act, notices, maintain registers and records as required under the Act and submit to the government returns required for the proper enforcement of the Act; and

(f)    to report fatal and other accidents and occupational disease if contracted by any worker to the specified authority as may he prescribed under the Act.

WORKING HOURS OF ADULTS (SECTIONS 51 TO 66)

Weekly hours (Section 51)

 No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.

Weekly holidays (Section 52)

There shall be holiday for the whole day in every week and such weekly holiday shall be on the first day of the week. However, such holiday may be substituted for any one of the three days immediately before or after the first day of the week provided the manager of the factory has: (i) delivered a notice at the office of the Inspector; and (ii) displayed a notice in the factory to this effect. The effect of all this is that subject to above said conditions (i) and (ii) there shall be a holiday during ten days. In other words no adult worker shall work for more than ten days consecutively without a holiday for the whole day.

Compensatory holidays (Section 53)

 Where, as a result of the passing of an order of the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. The State Government may prescribe the manner in which the holidays for which provision is made shall be allowed.

Daily hours (Section 54)

An adult worker, whether male or female shall not be required or allowed to work in a factory for more than 9 hours in any day. Section 54 should be read with Section 59.

Intervals for rest (Section 55)

The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. The State Government or, subject to the control of the State Government, the Chief Inspector,  may, by written order and for the reason specified therein, exempt any factory from compliance of this section so however that the total number of hours worked by a worker without an interval does not exceed six.

Spread over (Section 56)

The period of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. It is provided that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.

Night shifts (Section 57)

Where a worker in a factory works on a shift which extends beyond midnight,- (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

Prohibition of overlapping shifts (Section 58) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of this section.

Extra wages for overtime (Section 59)

Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any 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 here means the basic wages plus such allowances, including the cash equivalent of the advantage accuring through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.