Q-1: Describe the objectives & important definitions of factories act 1934.
Ans: FACTORIES ACT
Before proceeding with the discussion of the main topics the students with would do well do bear in mind that not only the Factories Law but all the Laws which faH within the scope of industrial law are designed and promulgated fro the well-being of the workers. It is but human nature that the wants to get more by spending less and this was also the case with the industrialists who belonged to the wealthy group of the countries. They engaged poor people to work for them in their industries and extracted maximum benefit from whatever little they paid to them. They always treated their employees like cattle without providing them with the required rest and other facilities, which affected the health and life of the workers very basely. With hardship to the needy and poor people for, the undue hardship- The Factories Act 1934 will provide this knowledge.
OBJECTIVES OF FACTORIES ACT 1934
The aims and objects of the Factories Act, 1934 may briefly are stated as under:
(a) To consolidate and amend the law relating to labour in factories.
(b) To protect the labour against industrial and occupational hazards.
(c) To ensure healthy and sanitary condition in factories.
(d) To ensure adequate safety measures and to promote health, safety and welfare of the workers.
According to Section 2 that an adolescent means a person who has completed his fifteenth year of age but has not completed his seventeenth year.
An adult means a person who has completed his seventeenth year of age.
A person who has completed his fourteenth but not fifteenth year of age is known as child. Before the amendment of the relevant laws on the subject in 1972 a child of twelve years age was allowed to be employed in a factory and according to its present definition any child who has not completed the fourteenth year of his age is not eligible for employment in any factory.
Day means a period of 24 hours beginning at mid-night.
This term has been defined at length but it will be enough to know that the place where any manufacturing process is carried on by ten or more persons and all the other land surrounding it whi8h is with in a compound wall circumscribing it is a factory. . So far as the number of workers is concerned it has been laid down that for place to be regarded a factory it is enough that ten or more persons are working or have worked on any’ day during the twelve months preceding the day when r. is inspected. As regards working, the condition is that it might have been carried on with or w ,.*>ut power ordinarily. This means that the number of per working is all-important for the place be declared a factory. Mines have been excluded as they are now governed by a separate Act known as Mines Act 1923.
MANUFACTURING PROCESS UNDER (SECTION 2 (C))
It means any process for
(i) Making, altering, repairing, ornamenting packing, finishing etc. for the purpose of its use, sale, transport, delivery or dispose,
(ii) For pumping oil, water of sewage’s or
(iii) For generating, transforming or transmitting power. All those processes, which are used for the above purpose, will be regarded as manufacturing process.
The following processes have been held as manufacturing processes:
- Bidi making.
- Salt making from seawater.
- Preparation of foodstuff in kitchen of a restaurant.
- Pumping of petrol from underground tank and pouring into the tanks of motor vehicle.
- Sun-cured tobacco leaves-maintaining, stripping etc..
- Peeling, washing etc. of prawn for putting them in cold storage.
Occupier of a factory means any person who is in the ultimate control of all the affairs whether as the owner or as the managing agent. The occupier may be:
(a) An owner (b) A Lessee (c) Even a mere license holder
NOTICE BY OCCUPIER
Section 9 provides that the occupier shall send to the Inspector a written notice before the work is begun. Such notice shall contain following information:
- Name and situation of factory.
- Address to which communication should be sent.
- Nature of manufacturing process.
- Nature and amount of power used.
- Name of manager.
- Any other required particulars.
Power means electric energy and any other form of energy, which is mechanically transmitted and is not generated by human or animal agency. This definition includes all forms of energy like electricity, heat, light etc. that could be used for work. The power should be capable of being mechanically transmitted to any other machinery, which is capable of transforming the power into work.
Where work of the same kind is carried on by two sets of workers, working during different periods of the day, each of such set is called a “relay”.
Seasonal Factory (Section-4)
Seasonal factory means a factory, which only works within a particular season and is exclusively engaged in one or more of the following manufacturing processes:
- Cotton ginning
- Cotton pressing
- Jute pressing
- Decortications of groundnut
- Manufacture of coffee, indigo, rubber, sugar, and tea
Beside the above specified manufacturing processes the Provincial Government could declare any such factory as a regular factory on the ground that it continues to work for more than 180 days in a year.
Is the different periods of work during which the two sets of workers work.
Worker [Section 2(h)]
It means a person which is required to do any of the works connected with the manufacturing process of working within the premise where a manufacturing process is carried out. and as such even a sweeper who only cleans those rooms where the manufacturing process is carried on falls within the category of worker. Those people who are solely connected with clerical job and work in a place where no manufacturing processes id carried on cannot be regarded as worker in the light of the definition.