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The Factories Act of 1948 aimed to improve working conditions and safety standards in factories across India. It extended the scope of earlier factory acts to provide more protections for worker health, welfare, hours, and leave. The act was amended over time, including in 1987 after the Bhopal gas tragedy, to improve safety measures for hazardous substances and processes. It requires factories meeting certain employment thresholds to provide amenities like creches and comply with standards for hazardous materials exposure. The act seeks to protect workers from undue strain or danger and allow them to work in healthy conditions.

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The Factories Act, 1948

UNIT 7 THE FACTORIES ACT, 1948

Objectives

After reading this unit you will be able to:

• know the objectives, scope and coverage of the Act
• take note of the provisions relating to health, safety and welfare
• understand the provisions relating to working hours, holidays and leave
• develop an understanding about the special provisions for women and young
persons
• appreciate the administrative and enforcement machinery.
Structure
7.1 Historical Development of Factory Legislation
7.2 Object of the Act
7.3 Scope and Applicability of the Act
7.4 Definitions
7.5 Approval, Licencing and Registration of Factories
7.6 The Inspecting Staff
7.7 Certifying Surgeons
7.8 Health
7.9 Safety
7.10 Provisions Relating to Hazardous Processes
7.11 Welfare of Workers
7.12 Working Hours of Adult Workers
7.13 Employment of Young Persons
7.14 Annual Leave with Wages
7.15 Other Features
7.16 Self-Assessment Test
7.17 Further Readings

7.1 HISTORICAL DEVELOPMENT OF FACTORY

LEGISLATION
With the establishment of a Cotton Mills in 1851, and a 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. The employers
used to have their way. 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 recommendations
of the Commission an Act was passed in 1891, whereby the definition of Factory was
amended to include premises in which fifty persons or more were employed. The
Local Governments were empowered to extend it to premises in which twenty
persons or more were employed. There were provisions about women employees and
hours of work for them were limited with a provision for thirty minute's interval for
rest. The Act was amended from time to time. The Act of 1911 was amended in 1922
to implement 1.2.0. Convention of 1919 on Hours of Work. It was amended twice in
1923 and 1926. The Act was thoroughly revised and redrafted in 1934 on the. lines of
recommendations made by the Royal Commission on Labour, which was appointed
in 1929. 5
Law on Working
Conditions The Factories Act, 1934, was several times, amended and then the new Act of 1948
was passed. Under the 1934 Act, Provincial Government had power to apply the Act
to the establishments where power was used and where more than ten person were
employed. It reduced the hours of work and aimed to improve the working condition
in factories; provisions were also made for adequate inspection and enforcement of
the Act.
In the year 1948, the Factories Act, 1934 was revised and its scope extended to
include welfare, health, cleanliness, overtime payments and similar measures. The
Factories Act was to ensure proper, safe and healthy working conditions in the
factories, so that the workers may feel interest and while in factories, devote their
time and labour in the working process of the factory without being afraid of bodily
strain and without fear and danger of accidents. The Act was amended periodically
upto 1976.
By this time a very large number of chemical factories had been set up involving the
manufacture and handling of hazardous and toxic chemicals. This brought in more
problems of safety and health. By the time the Government could assess the possible
impact of the problem and foresee the possibilities of major disasters, the world's
worst tragedy shocked Bhopal wiping out in hours thousands of innocent, ignorant,
lives and rendering many more incapacitated. In 1987, Factories (Amendment) Act,
1987 was passed, a memorial to the victims of Bhopal.
It provides better safeguards in the use and handling of hazardous substance in
factories. It calls upon the management to provide for greater safety measures
(including precautions regarding the use of portable electric light in the factories),
appointment of safety officers in factories where 1000 or more workers are
employed, or where in any manufacturing process or operation is carried on, which
involves any risk of bodily injury, poisoning or disease, or any other hazard to health
to the persons employed in the factory. The amended Act also provided for
investigations of all fatal accidents within a month of their occurrence. It also
empowered the Chief Inspector or the Director General of Factory Advice Service
and Labour Institutes or the Director General of Health Services to the Government
of India or such other officer as may be authorised by them, to undertake safety and
occupational health surveys. The Act also brought under its protective clause the
contract labour, as also any other category of labour employed directly or through
any agency with or without the knowledge of the principal employer, whether for
remuneration or not. The amended Act further prescribed the provision of creche
facility in every factory wherein more than 30 women workers (instead of 50, as
provided in the Principal Act) are ordinarily employed. According to the Act, if a
worker is discharged or dismissed from service or quits his employment or is
superannuated or dies while in service, during the course of the calendar year, he or
his heir or nominee, as the case may be, shall be entitled to wages in lieu of the
quantum of leave due. The amended Act also provided for modified rates of general
penalty for offences and enhanced penalty after previous conviction.
Besides amendments to Sections 2, 4, 9, 13, 16, 18, 19, 23, 25, 28-32, 36-A, 64, 70,
80, 87, 89, 90, 91-A, 92, 94-99, 114, 119 and schedule to the Principal Act, the
amended Act of 1987 also provides for omission of Section 100 of the Principal Act
and insertion of new Section 7-A, 7-13, 87-A, 96-A, 104-A, 106-A, 111-A and 118-
A, substitution of new sections for Sections 36.and 38, insertion of a new Chapter IV-
A, after Chapter IV and the insertion of two new schedules before the schedule to the
Principal Act. The newly inserted Sections 7-A, 7-B, 87-A, 96-A, 104-A, 106-A,
111-A and 118-A relate to general duties of the occupier, general duties of
manufacturers, etc., regarding articles and substances for use in factories; power to
prohibit employment on account of serious hazard; penalty for contravention of the
provisions of Sections 41-B, 41-C and 41-H, onus of providing limits of what is
practicable, etc; jurisdiction of a court. for entertaining proceedings, and so on, for
offence, right of workers, etc.; and restriction on disclosure of information;
respectively.

6 The new Sections 36 and 38 relate to precautions against dangerous fumes, gases,
etc., and precautions in case of fire, respectively. The new Chapter IV-A
The Factories Act, 1948
Inserted after Chapter IV of the principal Act , includes the following provisions
relating to hazardous processes:
i) Consititution of Site Appraisal
ii) Compulsory disclosure of information by the occupier
iii) Specific responsibility of the occupier in relation to hazardous processes
iv) Power of Central Government to appoint Inquiry Committees
v) Emergency standards
vi) Permissible limits of exposoure of chemical and toxic substances
vii) Workers' participation in safety management
viii) Right of workers to warn about imminent danger.
The new schedules, inserted before the Schedule to the Principal Act, include the list
of industries involving hazardous processes and permissible levels of certain
chemical substances in the working environment.

All the provisions of the Factories (Amendment) Act, 1987 came into force with effect
from 1st December, 1987 except the Schedule containing list of notifiable diseases and
Sections 7-13 and 41-F which came into force with effect from 1st June, 1988.

7.2 OBJECT OF THE ACT

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.

7.3 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,
therefore, 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.

7.4 DEFINITIONS
i) Factory

section 2(no of the factories Act , 1948 defines “factory” to mean:

any premises including the precincts thereof-

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.

ii) whereon, twenty 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 without the aid of power, or is ordinarily so carried on.
7
Law on Working
Conditions It specifically excludes:

A mine subject to the operation of the Mines Act, 1952, or a mobile unit belonging to
the armed forces of the Union, a railway running shed or a hotel, restaurant or eating
place.

Meaning of the words Premises and Precinct

The word 'premises' means open land or land with building or building
alone.Therefore salt works where process of converting seawater into salt is carried
on in the open comes within `premises' as defined in the Act. [(ARDESHIR H.
BHIWANDIWALA v. State of Bombay, A.I.R. 1962 SC 29.)] Precincts means a
space enclosed by wall. [(in re K.V.V. Sharma v. Manager, Gemini Studio, Madras,
A.I.R 1953 Mad. 29.)] Any `premises' to be categorised as factory two conditions
must be fulfilled.
i) Ten or more persons are employed in the premises using power or be employed
not using power.
ii) Twenty or more workers must be employed not using power.
ii) Manufacturing Process
The expression "manufacturing process" has been defined in Section 2(k) to mean
any process.
i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adapting any article
or substance with a view to its use, sale, transport, delivery or disposal; or
ii) pumping oil, water, sewage, or any other substance; or
iii) generating, transforming or transmitting power; or
iv) composing types for printing, printing by letter press, lithography, photogravure
or other similar process or book binding; or
v) constructing, reconstructing, refitting, finishing or breaking up ships or vessels;
or
vi) preserving or storing any article in cold storage.
It was held in State of Bombay v Ali Saheb Kashim Tamboli, -[(1995) 2 LLJ 182.)]
that bidi making is a manufacturing process.

In Ardeshir v Bombay State [(Air 1962 SC 29.)] the process carried out in the salt
works comes within the definition of `manufacturing process' in Section 2 (k) in as
much as salt can be said to have been manufactured from sea water by the process of
treatment and adaptation of sea water into salt.

In re K. V V Sharma [((1950) 1 LLJ 29.)] conversion of raw films into a finished

product was held to be a manufacturing process. Similarly in New Taj Mahal Cafe
Ltd., Managalore v. Inspector of Factories, Managalore, 1956 1 LLJ 273 the
preparation of foodstuffs and other eatable in the kitchen of a restaurant and use of a
refrigerator for treating or adapting any article with a view to its sale were also held
to be manufacturing process.

iii) Worker

Section 2 (1) of the Factories Act, 1,948 defines a "worker" to mean:

A person employed, directly or through any agency (including a contractor) with or

without knowledge of principal employer, whether for remuneration or not, in any
manufacturing process, or in cleaning any part of the machinery or premises used for
a manufacturing process or in any other kind of work incidental to, or connected
8 with, the manufacturing process, or the subject of the manufacturing process but does
not include any member of the armed forces of the Union.
The Factories Act, 1948
Broadly speaking, therefore, worker is a person The Factories Act, 1948
i) who is employed;
ii) who is employed either directly or through any agency;
iii) who is employed in any manufacturing process, or in clearing any part of the
machinery or premises used for a manufacturing process or in any other kind of
work incidental to, or connected with the manufacturing process or the subject
of the manufacturing process.
If the aforesaid conditions are satisfied, then it is immaterial whether a person was
employed for remuneration or not.
In Chintaman Rao v State of Madhya Pradesh,[(AIR 1958 All 44.)] the factory
entered into contracts with independent contractors known as sattedars. The sattedars
were supplied tobacco by the factories and, in some cases, bidi leaves also. The
sattedars were neither bound to work in the factory nor were they bound to prepare
the bidis themselves but could get them prepared by others. In fact they engaged
coolies for rolling bidis and made payments to them. They used to collect bidis from
these coolies and take them to the factory where the bidis were sorted and checked by
the workers of the factory. The factory made payments to the sattedars for work of
rolling bidis. The Supreme Court gave the restricted meaning to words "directly or
through any agency" in Section 2(l) and held that (i) worker was a person employed
by the management and (ii) there must be a contract of service and a relationship of
master and servant between them. On the facts of the case the Supreme Court held
that the sattedars were independent contractors and they and the coolies engaged by
them for rolling bidis were not workers.
In Dharangadhra Chemical Works v. State of Saurashtra, [(A I R 1957 SC 264)] the
Supreme Court held that the test of the relationship of master and servant is -the
master's right of superintendence and control of the method of doing the work.
In State of Kerala v V M Patel, [1961(1) LLJ 549 (SC)] the Supreme Court held that
the work of garbling pepper by winnowing, cleaning, washing and drying in lime and
laid out to dry in a warehouse are manufacturing processes and therefore the persons
employed in these processes were workers within the meaning of Section 2(I) of the
Act.
In Shankar Balaji Waje v. State of Maharashtra, [(AIR 1957 SC 517)] Pandurang
was engaged for rolling bidis. Although the hours of work were fixed but there was
no obligation to attend during those hours. There was freedom to come and go. There
was no faxed salary nor actual supervision on the work. Payment was made on the
quantum of work. The Supreme Court held that such person were not workers
because there was no control and the supervision over pandurang.
In Birdh Chand Sharma v First Civil Judge, Nagpur, [(AIR 1961 SC 644)] where the
respondents prepared bidis at the factory and they were not at liberty to work at their
homes. They worked within certain hours which were the factory hours. They were,
however, not bound to work for the entire period and they could go whenever they
like. Their attendance was noted in the factory. They could come and go away at any
time they liked. However no worker was allowed to work after midday even though
the factory was closed at 7 p.m. and no worker was allowed to continue work after 7
p.m. There were standing orders in the factory and, according to these orders a
worker who remained absent for eight days presumably without leave could &_
removed. The payment was made on piece rate according to the quantum of work
done, but the management had the right to reject such bidis as dad not come up to the
proper standard. On these facts the Supreme Court held that respondents were
workers under section 2 (1) of the Act.
iv) Occupier
Section 2 (n) of the Act defines "occupier" of a factory to mean
The person who has ultimate control over the affairs of the factory: Provided that -
i) in the case of a farm or other association of individulas, any one of the
9
individual partners or members thereof shall be deemed to. be the occupier;
Law on Working
Conditions ii) in the case of a company, any one of the directors shall be deemed to the
occupier;

iii) in the case of a factory owned or controlled by the Central Government or any
State Government, or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government, the State
Government or the local authority, as the case may, be shall deemed to be the
occupier;

Provided further that in the case of a ship which is being repaired, or on which
maintenance work is being carried out, in a dry dock which is available for hire,

1) the owner of the dock shall be deemed to be the occupier for the purposes of any
matter provided for by or under -
(a) Section 6, Section 7, Section 7-A, Section 7-B, Section 11 or Section 12;
(b) Section 17, in so far as it relates to the providing and maintenance of
sufficient suitable lighting in or around the dock;
(c) Section 18, Section 19, Section 42, Section 46, Section 47 or Section 49, in
relation to the workers employed on such repair or maintenance;
2) the owner of the ship or his agent or master or other officer-in-charge of the ship
or any person who contracts with such owner, agent or master or other officer-in-
charge to carry out the repair or maintenance work shall be deemed to be the
occupier for the purpose of any matter provided for by or under Section 13,
Section 14, Section 16 or Section 17 (save as otherwise provided in this
provided) or Chapter IV (except Section 2'7) or Section 43, Section 44 or Section
45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or Section 108, Section
109 or Section 110, in relation to
(a) the workers employed directly by him, or by or through any agency; and
(b) the machinery, plant or premises in use for the purpose of carrying out such
repair or maintenance work by such owner, agent, master or other Officer-
incharge or person;
General Duties of the Occupier

Section 7A has been inserted by the Factories (Amendment) Act and the new section
lays down the general duties of an occupier as follows
1. Plant maintenance that is safe and without risk to health of workers.
2. Safeguard health and safety with the use, handling, storage and transport of
articles and substance.
3. Provide information, instruction, training and supervision to ensure health and
safety of all workers.
4. Monitoring of work environment.
It also lays down a duty on the occupier to prepare 9 written statements of policy
with respect to the health and safety of workers and to give notice to the workers as
per rules.

General duties of manufacturers etc. as regards articles and substances for use in
factories (for the purpose of this section 7B, article includes plant and machinery). It
lays down general duties of designers, manufacturers; importers, suppliers. As regard
the articles and substances used in the factory, it Would be the duty of the designers
to ensure that the articles designed would be safe and without risk to the health of the
workers. It would also be this duty to carry out necessary tests and provide adequate
information regarding of safety and risk to health.

Importers of articles also will have to ensure that articles imported conforms to the
10 standard set out in the country or of the standard adopted outside the country.
The Factories Act, 1948
v) Other Definitions
(a) Adult means a person who has completed his 18th year of age.
[Section 2 (a)]
(b) Adolescent means a person who has completed his 15th year of age but has
not completed his 18th year. [Section 2 (b).]
(c) Calendar year means the period of twelve months beginning with the first
day of January in any year. [Section 2 (bb).]
(d) Child means a person, who has not completed his 15th year of age.
[Section (c).]
(e) Young person means a person, who is either a child or an adolescent.
[Section 2 (d)]
(f) Day means period of twenty-four hours beginning at mid-night
[Section 2 (e).]
(g) Week means a period of seven days beginning at mid-night on Saturday
night or such other night as may be approved in writing for a particular area
by the Chief Inspector of Factories. [Section 2 (f)]
(h)
Power means electrical energy, or any other form of energy, which is
mechanically transmitted and is not generated by human or animal agency.
[Section 2 (g)]
(i) Prime Mover means any engine, motor or other appliance, which generates
or otherwise provides power. [Section 2 (h).]
(j) Transmission Machinery means any shaft, drum, pulley, system of pulleys,
coupling clutch, driving belt or other appliance or device by which the
motion of a prime mover is transmitted to or received by any machinery or
appliance, [Section 2 (i):]
(k) Machinery includes prime movers, transmission machinery and all other
appliances, whereby power is generated, transformed, transmitted or
applied. [Section 2 (j).]
(l) Managing Agent has the meaning assigned to it in the Indian Companies
Act, 1913 (VII of 1913). [Section 2 (o)].
(m) Prescribed means prescribed by rules made by the State Government under
this Act. [Section 2 (p).]
(n) Relay and Shift means where work of the same kind is carried out by two
or more sets of workers working during different periods of the day, each of
such sets is called a ‘relay’ and each of such period is called `shift'.
[Section 2 (r)].
Activity 1

1. Give a brief history of Factory Legislation.

2. What amendments have been made by Act. No. 20 of 1987.

4. Discuss the scope and appliability of the Act.

5. Explain the essentials of the term "Factory".

6. What do you mean by premises and precinct?

7. Are the following manufacturing process?

(i) bidi making
(ii) process of treatment and adaptation of sea water into salt.
(iii) conversion of raw films into a finished product.
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................

8. Explain the essentials of the definition of worker under the Act.

9. Who is an occupier? What are the general duties of occupier?

10. What are the general duties of manufacturer?

.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
12
The Factories Act, 1948
7.5 APPROVAL, LICENCING AND REGISTRATION OF
FACTORIES
i) General
The responsibility for getting the premises approved, when the factory is to be
established, lies on the occupier. Under Section, 6 the State Government have been
vested with the powers to frame rules which are to be complied with. Section 4
empowers the State Government to declare different departments' or branches of a
factory as separate factories, in case a request is made in writing in this regard by the
occupier. But there is no provision to enable two or more factories of the same
occupier being declared as a single factory. The State Governments are also
empowered to exempt any factory or any class of factories from all or any of the
provisions of the Act (except section 67) for a specified period on the conditions
notified in case of public emergency, which means grave emergency whereby the
security of India or any part thereof is threatened, whether by war or external
aggression or internal disturbance. Such a notification can be made for 3 months at a
time.
ii) Procedure for Approval, Licensing and Registration of Factories
The factory is to be got approved and registered after obtaining a licence by the
occupier in accordance with the rules framed by the State Government in this behalf.
The, State Governments are empowered to frame rules requiring the occupier of a
factory for the purposes of this Act for the submission of plans of any class or
description of factories to the Chief Inspector or. State Government and to obtain
previous permission of the Chief Inspector of Factories with regard to site where
factory is proposed to be constructed, or extension, in case the factory already exists.
A factory shall not be deemed to be extended by reason only of the replacement of
any plant or machinery if such replacement or addition does not reduce the minimum
clear space required for safe working around the plant or machinery or adversely
affects the environmental conditions from the evolution or emission of steam, heat or
dust or fames injurious to health. The occupier is required to submit full building
plans along with necessary particulars of specifications according to which the
building is to be got approved in accordance with the rules. The registration,
obtaining of licence or renewal of licence, as the case may be, is to be done by the
occupier in accordance with the rule by paying the prescribed fees. The permission
relating to site on which the factory is proposed to be constructed or extension to be
executed in the existing factory in accordance with the plan is to be given within 3
months by the authority to whom, the request is made. If no reply is received within
the aforesaid period, the permission is presumed. In case permission is refused then,
in that case, the applicant may appeal to the State Government if permission is
refused by the Chief Inspector or to the Central Government if the permission is
refused by the State Government, within 30 days. No license or renewal of license
shall be granted unless the occupier gives at least 15 days notice in writing to the
Chief Inspector of factories before he proposes to occupy or use any premises as
factory. The notice shall state the full particulars of the factory, namely:
i) the name and situation of the factory;
ii) the name and address of the occupier;
iii) the name and address of the owner of the premises or building;
iv) the nature of manufacturing process;
v) the total rated horse power installed or to be installed in the factory, which shall
not include the rated horse power of any separate standby plant;
vi) The name of manager of the factory for the purpose of this Act;
vii) The number of workers likely to be employed in the factory ;
viii) the average number of workers per day employed during the last twelve months,
in case of a factory, is in existence on the date of the commencement of this Act;
13
ix) such other particulars as may be prescribed under the rules. [Section 7 (1)]
Law on Working
Conditions The occupier is required to give notice to the Chief Inspector of Factories containing
the above particulars with regard to those factories which were already functioning
before this Act, within 30 days from the commencement of the Act. [Section 7 (2)].
Before a factory engaged in a manufacturing process which is ordinarily carried on
for less than 180 working days in a year resumes working, the occupier is required to
send full particulars of the factory to the Chief Inspector within 30 days of such
resumption of work [Section 7 (3)]. Any change in the appointment of a manager or
the factory is to be intimated within 7 days by the occupier to the Chief Inspector,
[Section 7 (4)]. During the time no manager functions in the factory, the occupier is
deemed as manager for the purpose of the Act. Non compliance with the provisions
of Section 6 and 7 is an offence for which the occupier can be punished.

7.6 THE INSPECTING STAFF

i) Appointment
For the enforcement of the provisions of the Act. the State Government is
empowered to appoint Inspectors having prescribed qualifications. This may be done
by notification. They may be assigned such local limit as the State Government may
think fit.
These are of six types. (i) Chief Inspector (ii) Additional Chief Inspectors, (iii) Joint
Chief Inspectors (iv) Deputy Chief inspectors (v) Inspectors and Additional
Inspectors.
A Chief Inspector shall be appointed by the State Government. Chief Inspector in
addition to the powers conferred on him may exercise the powers of an Inspector
throughout the State. Likewise every Additional Chief Inspector, Joint Chief
Inspector, Deputy Chief Inspector and every other officer so appointed shall, in
addition to the powers of a Chief Inspector exercise the powers of an Inspector
throughout the State.
No person shall be appointed or having been so appointed, shall continue to hold
office, who is or becomes directly or indirectly interested in a factory or in any
process or business carried on therein or in any patent or machinery connected
therewith.
Every district Magistrate shall be an Inspector for his district.
Quite apart from the above appointments the State Government may also appoint-
such public officers as it thinks fit to be additional Inspector for all or any of the
purposes of this Act, within such local limits as it may assign to them respectively.
In any area where there are more Inspectors than one, the State Government may
declare the powers which such Inspectors shall respectively exercise.
ii) Status
Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy
Chief Inspector, Inspector and every other officer appointed shall be deemed to be a
public servant within meaning of the Indian Penal Code, (1860), and shall be
officially subordinate to such authority as the State Government may specify in this
behalf.
iii) Power of Inspectors
According to Section 9 an inspector is vested with the following powers which he
may exercise within the local limits under his Control. The powers are to be
exercised in accordance with the rules framed for this purpose.
(a) He may enter any premises which is used or which he has reason to believe
is used, as a factory. He may be accompanied by such assistants, who are in
the service of the Government or any local or public authority or with an
expert as he thinks fit;
(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether resulting in
bodily injury, disability or not, and take on the spot or otherwise statements
14 of any person which he may consider necessary for such inquiry;
The Factories Act, 1948
(d) require the production of any prescribed register or any other document
relating to the factory;
(e) seize, or take copies of an register, record or other document or any portion
thereof as he may consider necessary in respect of any offence under this
Act, which he has reason to believe, has been committed;
(f) direct the occupier that any premises or any part thereof or any thing lying
therein shall be left undisturbed (whether generally or in particular aspects)
for so long as is necessary for the purpose of any examination under clause
M.
(g) take measurements and photographs and make such recordings as he
considers necessary for the purpose of any examination under clause (b),
taking with him any necessary instrument or equipment;
(h) in case of any article or substance found in any premises, being an article or
substance which appears to him as having caused or is likely to cause
danger to the health or safety of the workers, direct it to be dismantled or
subject it to any process or test (but not so as to damage or destroy it unless
the same is in the circumstances necessary for carrying out the purposes of
this Act) and take possession of any such article or substance or a part
thereof, and detain it for so Icing as is necessary for such examination;
(i) exercise such other power as may be prescribed.
iv) Duties of the Inspectors

The Inspectors are required:

i) to carry out duties as laid down under Section 9 (b) and (c);
ii) to ensure that statutory provisions and rules framed are carried out properly; and
iii) to launch prosecutions against factory-owners under the provision of Chapter X
of the Act.

7.7 CERTIFYING SURGEONS

i) Appointment

Section 10 empowers the State Government to appoint qualified medical practitioners

as Certifying Surgeons for the purposes of the Act. These surgeons are appointed to
discharge duties within the local limits placed under their control or for such factory
or class or description of factories as may be assigned to them. The certifying
surgeons with the approval of the State Government may appoint qualified medical
practitioners to exercise any of his. powers for such period as he may specify.

ii) Disqualifications for Appointment

No person shall be appointed or authorised to exercise the power of Certifying

Surgeons or, having been so appointed or authorised, continue to exercise the power:

(a) who is or becomes the occupier of a factory;

(b) who is or becomes directly or indirectly interested therein or in any process

or business carried therein or in any patent or machinery connected
therewith; or

(c) who is otherwise in the employment of the company; provided that State
Government may, be order in writing the subject to such conditions as may
be specified in the order, exempt any person or class of person from the
above provisions in respect of any factory or class or description of
factories. 15
Law on Working
Conditions iii) Duties of Certifying Surgeons

The Certifying Surgeons shall carry out such duties as may be prescribed in
connection with:

(a) the examination and certification of young persons under the Act;

(b) the examination of persons engaged in factories in such dangerous occupations

or processes as may be prescribed;

i) cases of illness have occurred which it is reasonable to believe are due to

the nature of the manufacturing process carried on, or other conditions of
work x prevailing therein;

ii) by reason of any change in the manufacturing process carried on or in the

substances used therein or by reasons of the adoption of any new
manufacturing process, there in a likelihood of injury to the health of
workers employed in that manufacturing process;

iii) young persons are about to be employed in any work which is likely to
cause injury to their health.

Activity 2

1. Is it necessary for the occupier to get the premises approved when the factory is
to be established?

2. What is the procedure for registration of factories?

3. How are Inspectors appointed and what are their powers?

4. Who are the Certifying Surgeons? How are they appointed? What are their
duties?

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16
The Factories Act, 1948
7.8 HEALTH
i) Cleanliness
Section 11 of the Factories Act, 1948 provides for general cleanliness of the factory.
It lays down that dust, fumes and refuse should be removed daily; floors, stair-cases
and passages should be cleaned regularly by sweeping and other effective means
while washing of interior walls and roofs should take place at least once in 14 months
and where these are painted with washable water paint, be repainted after every three
years and -where oil paint is used at least once in five years. Further, all doors and
window frames and other wooden or metallic framework and shutters should be kept
painted or varnished and the painting or varnishing shall be carried out at least once
in five years.
ii) Disposal of Wastes and Effluents
Section 12 of the Factories Act makes it obligatory on the owner of every factory to
make effective arrangements for the treatment of wastes and effluents due to the
manufacturing process carried on therein, so as to render them innocuous and for
their disposal.
iii) Ventilation and Temperature
The occupier is required to make effective and suitable provisions for securing and
maintaining in every workroom adequate ventilation for the circulation of fresh air
and to maintain such tempreature as will secure to workers reasonable conditions of
comfort and prevent injury to health.
iv) Dust and Fume
Section 14 (1) deals with the measures, which should be adopted to keep the
workrooms free from dust and fume. Every factory in which by reason of the
manufacturing process carried on, there is given off any dust or fume or other
impurity of such a nature and to such an extent as is likely to be injurious or offensive
to the workers employed therein, or any dust in substantial quantities, effective
measures shall be taken to prevent its inhalation and accumulation in any work-room.
If any exhaust appliance is necessary for the above purposes, it shall be applied as
near as possible to the point of origin of the dust, fume or other impurity and such
point shall be enclosed as far as possible.
v) Artificial Humidification
Section 15 (1) lays down that in respect off all factories in which the humidity of the
air is artificially increased the State Government may make rules-
(a) prescribing standard of humidification;
(b) regulating the methods used for artificially increasing the humidity of the
air;
(c) directing prescribed tests for determining the humidity of the air to be
correctly carried out and recorded;
(d) prescribing methods to be adopted for securing adequate ventilation and
cooling of the air in the workroom.
vi) Overcrowding

To eliminate overcrowding, the Factories Act, 1948 prescribes that no room of any
factory shall be overcrowded to the extent it is injurious to the health of the workers.
The Act further prescribes that in every work-room, each worker should be provided
with a minimum space of 9.9 cubic meters which was there on the commencement of
this Act, 1948 or 4.2 cubic meters after such commencement (Section 16). No
account shall however be taken of any space which is more than 4.2 meters above the
level of the floor of the room for the aforesaid purpose, 17
Law on Working
Conditions vii) Lighting
Section 17 (1) provides that in every part of the factory, where workers are working
or passing, there shall be provided and maintained sufficient and suitable lighting,
natural, artificial or both.
viii) Drinking Water
Section .18 deals with the provisions relating to arrangements for drinking water in
factories. Sub-section (1) provides that in every factory effective arrangements shall
be made to provide and maintain at suitable points conveniently situated for all
workers employed therein, a sufficient supply of wholesome drinking water.
ix) Conservancy Arrangements
Section 19 provides that in every factory there shall be provided and' maintained,
separate arrangement for toilets for male and female workers at convenient places.
These should be adequately lighted, ventilated and maintained in a clean sanitary
condition.
x) Spittoons
Section 20 (1) lays down that in every factory there shall be provided a sufficient
number of spittoons in convenient places. They shall be maintained in a clean and
hygienic condition.

7.9 SAFETY
i) Fencing of Machinery
Section 21 (1) requires that in every factory, the following must be securely fenced
by safe guards of substantial construction while the machinery are in motion or use :
i) every moving part of a prime mover and fly wheel connected to prime mover,
whether the prime mover or fly-wheel is in the engine house or not;
ii) the headrace and tailrace of every water-wheel and water turbine;
iii) any part of stock-bar which projects beyond the head stock of a lathe; and
iv) unless they are in such position or of such construction as to be safe to every
person employed in the factory as they would be if they were securely fenced,
the following, namely,
(a) every part of electric generator, a motor or rotary converter;
(b) every part of transmission machinery; and
(c) every dangerous part of any other machinery;
shall be securely fenced by safeguards of substantial construction which shall be
cosistently maintained and kept in position while the parts of machinery they are
fencing are in motion or in use.

ii) Work on or Near Machinery in Motion

Section 22 (1) requires that, where in the factory it is essential to examine any part of
the machinery (referred to in Section 21) while it is in motion or as a result of such
examination, it is necessary to carry out:
(a) lubrication or other adjusting operation; or
(b) any mounting or shipping of belts or lubrication or other adjusting
operation.
Such examination or operation shall be made or carried out only by a specially
trained Adult male worker wearing tight-fitting clothing (which shall be supplied by
the occupier) which name has been recorded in the register prescribed in this behalf
18 and who has been furnished with a certificate of his appointment, and while he is so
engaged:
The Factories Act, 1948
a) such worker shall not handle a belt at a moving pulley unless:
i) the belt is not more than fifteen centimeters in width;
ii) the pulley is normally for the purpose of drive and not merely a flywheel or
balance wheel (in which case a belt is not permissible);
iii) the belt joint is either laced or flush with the belt;
iv) the belt, including the joint and the pulley rim, are in good repair;
v) then: is reasonable clearance between the pulley and any fixed plant or
structure;
vi) secure foothold and, where necessary, secure handhold, are provided for the
operator; and
vii) any ladder in use for carrying out any examination to operation aforesaid is
securely fixed or lashed or is firmly held by a second person.
b) without prejudice to any other provision of this Act relating to the fencing of
machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel,
or pinion, and all spur, worm and other toothed or friction gearing in motion with
which such worker would otherwise be liable to come into contact, shall be
securely fenced to prevent such contact.
iii) Employment of Young Person on Dangerous Machine
Section 23 prohibits the employment of a young person on dangerous machine unless
he has been fully instructed as to the dangers arising from machine and the
precautions to be observed and (i) has received sufficient training in work at the
machine, or (ii) is under adequate supervision by a person who has a thorough
knowledge and experience of the machine
iv) Striking Gear and Devices for Cutting off Power
In order to move the driving belt to and from fast and loose pulleys in transmission
machine and prevent the belt from creeping back onto the fast pulley, suitable
striking gear or other efficient mechanical appliance shall be provided, maintained
and used. No driving belt when mused shall be allowed to rut or ride upon shafting in
motion. Suitable devices are also maintained in every workroom for cutting off
power emergencies.
v) Self-acting Machines
Section 25 of the Factories Act provides further safeguards to the workers injured by
self-acting machines. It provides:
No traversing part of a self-acting machine in any factory and no material carried
thereon shall, if the space over which it runs is a space over which any person is
liable to pass, m1hoefficer in the course of his employment or otherwise, be allowed
to run on its outward or inward traverse within a distance of forty five centimeters
from any fixed structure which is not part of the machine.
vi) Casing of New Machinery
Section 26 (1) provides that in all machinery driven by power, after the
commencement of the Factories Act, 1948, every set screw; bolt or key on any
revolving shaft, spindle, wheel or pinion shall be sunk, encased or effectively
guarded as to prevent danger. [Section 26 (2)]. Further, all spur, worm and other
toothed or friction gearing not requiring frequent adjustment while in motion shall be
completely encased, unless they are safely situated. Furthermore, Section 26 (2)
provides that, whoever sells or lets on hire or; as agent of the seller or hirer, cares or
procures to be sold or let on hire, for use in a factory any machinery driven by power
which does not comply with the provisions of sub-section (1), or any rules made
under sub-section (3), shall be punishable with imprisonment for a term which may-
extend to three months or with fine which may extend to Rs 500 or with both. Under
the Act, the State Government is empowerd to make rules for the safeguards to be
provided form dangerous part of the machinery,
19
Law on Working
Conditions vii) Prohibition of Employment of Women and Children near Cotton Openers
The Factories Act, 1948 prohibits the employment of women and children in any part
of the factory for pressing cotton where the cotton opener is at work. But if the feed-
end of the cotton-opener is in a room separated from the delivery and by a partition
extending to the roof or to such height as the inspector may in any particular case
specify in writing, women and children may be employed on the side of the partition
where feed-end is situated. (Section 27).
viii) Roust and Lifts
Section 28 (I) requires that hoists and lifts must be of good mechanical construction,
sound material and adequate strength. They should not 'only be properly maintaine
but also thoroughly examined at least twice a year by competent persons.
ix) Revolving Machinery
Section 30 (1) provides that a notice indicating the maximum safe working peripheral
speed of the grindstone or abrasive wheel the speed of the shaft, or spindle, must be
permanently affixed on all rooms in a factory where grinding is carried on the speeds
indicated in notices under sub-section (1) shall not be exceeded. [Sub-section (2) of
Section 30]. Similarly, care shall be taken not to exceed the safe working peripheral
speed of every revolving machine like revolving vessel, cage, basket, fly-wheel,
pulley, disc or similar appliances run by power. [Sub-section (3) of Section 30].
x) Pressure Plant
Section 31 (1) provides that effective measures should be taken to ensure safe
working pressure of any part of the plant or machinery used in the manufacturing
process operating at a pressure above the atmospheric pressure.
xi) Pits, Sump and Opening in Floors
Section 33 (1), of the Factories Act, 1948 requires that every fixed vessel, sump,
tank, pit or opening in the ground or in the floor in every factory should be covered
or securely fenced, if be reason of its depth, situation, construction or contents, they
are or can be a source of danger.
Section 33 (2) empowers the State Government to grant exemption from compliance
of the provision of this section (i) in respect of any item mentioned in the section, (ii)
to any factory or class of factories, and (iii) on such condition as may be provided in
the rules.
xii) Precautions Against Dangerous Fumes, and Gases
In order to prevent the factory workers. against dangerous fumes, special measures
have been taken under the Factories Act. The Act prohibits entry in any chamber,
tank, vat, pit, pipe, flue, or other confined space in any factory in which any gas,
fume, vapour or dust is likely to be present, to such. an extent as to involve risk to
persons being overcome thereby, except in cases where there is a provision of a
manhole of adequate size or other effective means of egress. [Section 36 (1)]. No
person shall be required or allowed to enter any confined space such as is referred to
in sub-section (1) until all practicable measures have been taken to actually remove
the gas, fumes or dust, which may be present so as to bring its level within the
permissible limits and to prevent any ingress of such gas, fume, vapour or dust unless
[Section 36 (2)].
xiii) Precaution Against Using Portable Electric Light
The Act prohibits any factory to use protable electric light or any other electric
appliance of voltage exceeding 24 volts in any chamber, tank, vat, pipe, flue or other
confined space unless adequate safety devices are provided [Section 36-A (a)] The
Act further prohibits the factory to use any lamp or light (other than that of flame-
proof construction if any inflammable gas, fume or dust is likely to be present in such
20 chamber, tank, vat, pet, pipe, flue or other confined space. [Section 36-A (b)].
The Factories Act, 1948
xiv) Explosive or Inflammable Materials
These measures include : (i) effective enclosures of the plant or machinery used in
the process; (ii) removal or prevention of the accumulation of such dust, gas or
vapour; (iii) exclusion or effective enclosure of all possible sources of ignigion.
[Section 37 (i)].
xv) Precaution in Case of Fire
In every factory all practical measures shall be taken to prevent outbreak of fire and
its spread, both internally and externally, and to provide and maintain (i) safe means
of escape for all persons in the event of fire, and (ii) the necessary equipment and
facilities for extinguishing fire. Further effective measures should be taken to ensure
that in every factory all the workers are familiar with the means of escape in case of
fire and have been trained in the routine to be followed in such cases. (Section 38).
xvi) Safety of Building and Machinery
If it appears to the Inspector that any building or part of building or any part of the
ways, machinery or plant in a factory is in such a condition that it is dangerous to
human life or safety, he may serve on the occupier or manager or both the factory an
order in writing specifying the measures which in his opinion should be adopted, and
requiring them to be carried out before a specified date. [Section 40 (1)].
xvii) Maintenance of Buildings
In order to ensure safety, the inspector is empowered to serve on the occupier or
Manager (or both) of the factory an order specifying the measures to be taken and
requiring the same to be carried out if it appears to him that any building or part of a
building in a factory is in such a state of disrepair as is likely to lead to conditions
detrimental to the health and welfare of the workers. (Section 40-A).
xviii) Safety Officers
In order to prevent accidents, the Act provides for the appointment of Safety Officers
in factories employing 1,000 or more workers or where any manufacturing process or
operation is carried on, which process or operation involves any risk of bodily injury,
poisoning or disease, or any other hazard to health, to the persons employed in the
factory. (Section 40-B).

7.10 PROVISIONS RELATING TO HAZARDOUS

PROCESSES
Section 2 (cb) of the Factories (Amendment) Act, 1987 defines the term "harardous
process" as

any process or activity in relation to an industry specified in the First Schedule

where, unless special care is taken, raw materials used therein or the
intermediate or finished products, bye-products, wastes or effluents thereof
would :

i) cause material impairment to the helath of the persons engaged in or

connected therewith, or
ii) result in the pollution of the general environment

Provided that the State Government may, by notification in the Official Gazette,
amend the First Schedule by way of addition, omission or variation of any industry
specified in the said Schedule.

i) Constitution of site appraisal committee: (i) The State Government may, for
purposes of advising it to consider applications for grant of permission for the initial
location of a factory involving hazardous process or for the expansion of any such 21
factory, appoint a Site Appraisal committee consisting of-
Law on Working
Conditions (a) the Chief Inspector of the State who shall be its Chairman,
(b) a representative of the Central Board for the Prevention and Control of
Water Pollution appointed by the Central Government under Section 3 of
the Water (Prevention and Control of Pollution) Act, 1974;
(c) a representative of the Central Board for the Prevention and Control of Air
Pollution referred to in Section 3 of the Air (Prevention and control of
Pollution) Act, 1981;
(d) a representative of the State Board appointed under Section 4 of the Water
(Prevention and Control of Pollution) Act, 1974;
(e) a representative of the Central Board for the Prevention and control of Air
Pollution referred to in Section 5 of the Air (Prevention and Control of
Pollution) Act, 1981;
(f) a representative of the Department of Environment in the State;
(g) a representative of the Meteorological Department of the Government of
India;
(h) an expert in the field of occupational health; and
1). a representative of the Town Planning Department of the State Government, and
not more than five other members who may be co-opted by the State
Government who shall be-
i) a scientist having specialised knowledge of the hazardous process which
will be involved in the factory,
ii) a representative of the local authority within whose jurisdiction the factory
is to be established, and
iii) not more than three other persons as deemed fit by the, State Government.
2). The Site Appraisal Committee shall examine an application for the
establishment of a factory involving hazardous process and make its
recommendation to the State Government within a period of ninety days of the
receipt of such application in the prescribed form.
3). Where any process relates to a factory owned or controlled by the Central
Government or to a corporation or a company owned or controlled by the
Central Government, the State Government shall co-opt in the Site Appraisal
Committee a representative nominated by the Central Government as a member
of that Committee.
4). The State Appraisal committee shall have power to call for any information
from the person making an application for the establishment or expansion of a
factory involving a hazardous process.
5). Where the State Government has granted approval to an application for the
establishment or expansion of a factory involving a hazardous process, it shall
not be necessary for an applicant to obtain a further approval from the Central
Board or the State Board established under the Water (Prevention and Control of
Pollution) Act, 1974 and Air (Prevention and Pollution) Act, 1981.
ii) Compulsory disclosure of information by the occupier : (1) The occupier of
every factory involving a hazardous process shall disclose in the manner prescribed
all information regarding dangers, health hazards and the measures to overcome them
arising from the exposure to or handling of the materials or substances in the
manufacture, transportation, storage and other processes to : (i) Workers employed in
the factory (ii) the Chief Inspector, (iii) the local authority within whose jurisdiction
the factory is situated and (iv) general public in the vicinity.
Section 41-B (2) provided that at the time of registering the factory involving a
hazardous process, the occupier shall lay down a detailed policy with respect to the
22 health and safety of the workers-and intimate such policy to the Chief Inspector and
the local authority.
The Factories Act, 1948
3). Such information, shall include accurate information as to the quantity,
specifications and other characteristics of wastes and manner of their disposal
(Sub-section 3).
4). Every occupier with the approval of the Chief Inspector, shall draw up an on site
emergency plan and detailed disaster control measures for his factory and make
known to the workers employed therein and to the general, 4 public living in the
vicinity of the factory the safety measures required to be taken the event of an
accident taking place. [Sub-section 4]
5). Every occupier of the factory is under an obligation to inform the Chief
Inspector of the nature and details of the process in such form and in such
manner as may by prescribed. [Sub-section 5].
6). On contravention of the provisions of sub-section (5), the licence issued under
Section 6 to such factory shall, be cancelled and the occupier shall he liable to
penalty (Sub-section 6).
7). The occupier of the factory involving a hazardous process shall, with the
previous approval of the Chief Inspector, lay down measures for the handling,
usage, transportation and storage of hazardous substances inside the factory
premises and the disposal of such substances outside the factory premises and
publicise them in the prescribed manner among the workers and the general
public living in the vicinity (Sub-section 7).
iii) Specific responsibility of the occupier in relation to hazardous process : Under
section 41-C every occupier of a factory involving any hazardous process is required (a)
maintain accurate and up-to-date health records or, the case may be, medical records, of
the workers in the factory who are exposed to any chemical, toxic or any other harmful
substances which are manufactured, stroed, handled or transported and such records shall
be accessible to the workers subject to prescribed conditions; and (b) appoint persons who
possess qualifications and experience in handling hazardous substances and are competent
to supervise such handling within the factory and to provide at the working place all the
necessary facilities for protecting the workers in the prescribed manner (c) provide for
medical examination of every worker- (i) before such worker is assigned to a job
involving the handling of, or working with, a hazardous substance, and (ii) while
continuing in such job, and after he has ceased to work in such job, at intervals not
exceeding twelve months, in prescribed manner.
iv) Powers of Central Government to appoint Inquiry Committee:
1). The Central government may, in the event of the occurrence of an extraordinary
situation involving a factory engaged in hazardous process, appoint an Inquiry
Committee to inquire into the standards of health and safety observed in the
factory with a view to finding out the causes of any failure of neglect in the
adoption of any measures or standards prescribed for the health and safety of the
workers employed in the factory or the general public affected, or likely to be
affected, due to such failure or neglect and for the prevention and recurrence of
such extraordinary situations in further in such factory or elsewhere.
2). The Committee appointed under sub-section (1) shall consist of a Chairman and
two other members and the terms reference of the Committee and the tenure of
office of its members shall be such as may be determined by the Central
Government according to the requirements of the situation.
3). The recommendation of the Committee shall be advisory in nature.
v) Emergency Standards:
1). Where the Central Government is satisfied that no standards of safety have been
prescribed in respect of a hazardous process or class of hazardous processes, or
where the standards so prescribed are inadequate, it may direct the Director-
General of Factory Advice Service and Labour Institutes or any institution
specialised in matters relating to standards of safety in hazardous processes, to
lay down emergency standards for enforcement of suitable standards in respect 23
of such hazardous processes.
Law on Working
Conditions 2). The emergency standards laid down under sub-section (1) shall, until they are
incorporated in the rules made under this Act, be enforceable and have the same
effect as if they had been incorporated in the rules made under this Act.
vi) Permissible limits of exposure of chemical and toxic substances :
The maximum permissible threshold limits of exposure of chemical and toxic
substances in manufacturing processes (whether hazardous or otherwise) in any
factory shall be of the value indicated in Second Schedule.
vii) Worker's participation is safety management:
1). The occupier shall, in every factory, where a hazardous process takes place,
or where hazardous substance are used or handled, set up a Safety
Committee consisting of equal number or representative of workers and
management to promote co-operation between the workers and
management in maintaining proper safety and health at work and to review
periodically the measure taken in that behalf :
Provided that the State Government may, by order in writing and for
reasons to be recorded, exempt the occupier of any factory or class of
factories from setting up such Committee.
2). The composition of the Safety Committee, the tenure or office of its
members and their rights and duties shall be such as may be prescribed.
viii) Right of workers to warn about imminent danger:
Where the workers employed in any factory engaged in a hazardous process have
reasonable apprehension that there is a likelihood of imminent danger to ;' their
lives or health due to any accident, they may bring the same to the notice of the
occupier, agent, manager or any other person who is incharge of the factory or the
process concerned directly or through their representatives in the Safety Committee
and simultaneously bring the same to the notice of the Inspector
It shall be the duty of such occupier agent , manager or the person incharge or the
factory or process to take immediate remedial action if is satisfied about the
existence of such imminent danger and send a report forthwith of the action taken
to the nearest Inspector.
If the occupier , agent, manager or the person incharge referred to in Sub-section(2)
is not satisfied about the existence of any imminent danger as apprehended by the
worker , he shall , nevertheless , refer the matter forthwith to the nearest Inspector
whose decision on the question of the existence of such imminent danger shall be
final.

7.11 WELFARE OF WORKERS

i) Washing and Sitting Facilities

In every factory adequate and suitable separate facilities for washing conveniently
situated should be provided and maintained for the use of both male and female
workers. The above facilities provided for the use of female workers, should be
adequately screened in order to provide privacy to female workers. The State
Government is also empowered to prescribe in respect of any factory 'the standards
and suitable facilities for washing by framing rules (Section 42)

ii) The Facilities of First Aid Appliances and Ambulance Room

The occupier of factory is required to provide the facility of first aid boxes to be
made use of by the workers in an emergency The first aid boxes or cupboards should
be readily accessible and equipped with prescribed contents. The number of boxes
24 and cupboards
The Factories Act, 1948
should not be less than one for every 150 workers ordinarily employed at any time in
a factory Each first aid box or cupboard should be kept in the charge of a separate
responsible person who holds a certificate in first aid treatment recognised by the
State Government and readily available to workers during the working hours of the
factory.

In every factory where more than. 500 workers are ordinarily employed there should
be provided and maintained an ambulance room of the prescribed size, containing the
prescribed equipment and in the charge of qualified medical and nursing staff as
prescribed and the above facilities should be made available during the working
hours of the factories.

iii) Canteen, Rest Room and Lunch Rooms Facilities

Where 250 workers or more arc ordinarily employed, canteen facilities are required
to be provided by the occupier.

In every factory where more than 150 workers are employed adequate and suitable
shifters or rest rooms or lunch rooms with provision for drinking water where
walkers can eat meals should be provided and maintained for the use of workers.
These rooms should be well venerated, sufficiently lighted and maintained in cool
and clean condition. These rooms are to be constructed and furnished in accordance
with the rules framed by the State Government.

iv) Creches Facility

in every factory whew more than thirty women workers are employed rooms of employed
adequate size, well lighted and ventilated, maintained in clean and sanitary condition are
to be provided for the use of children of women workers below 6 years of age.

v) The Appointment of Welfare Officers

The main duty to look after the welfare of the workers lies on the welfare officer of a
factory. Therefore, in every factory where more than 500 workers are ordinarily
employed the occupier of a factory is required to appoint such number of welfare
officers as may be prescribed by the State Government in this respect. The persons
appointed to the above posts are to be fully qualified and to do such duties as are
imposed upon them under the rules.

Activity 3

Enumerate the provisiong relating to protection of the health of workers?

…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………

What are the safety measures provided for under the Factories Act for the workers
working at or near the machine?

Is it necessary for all the factories to appoint safety officer? If not what should be the
minimum number of workers in the factories? What do you mean by hazardous
process?

5. Enumerate the provisions relating to welfare of workers?

7.12 WORKING HOURS OF ADULT WORKERS

i) Weekly and Daily Working Hours

Section 51 and 54 contain general provisions regarding weekly and daily working
hours. According to Section 51 no adult worker shall be required or allowed to work
in a factory for more than 48 hours in a week. As regards daily working hours under
Section 54, no adult worker shall be required or allowed to work in a factory for more
than 9 hours in a day. But with the previous approval of the Chief Inspector the daily
maximum hours may be exceeded in order to facilitate and adjust the change of
shifts. The above restriction is applicable to `workers' only as defined in the Act.

ii) Weekly and Substituted Holidays

Section 52 speaks of weekly holiday to the workers of a factory. Accordingly an

adult worker shall not be allowed or required to work in a factory on the first day of
the week, i.e. Sunday. But if it becomes necessary to make Sunday a working day, a
substituted holiday is made compulsory.

iii) Compensatory Holidays

Such worker who has been deprived of weekly holiday should be allowed
compensatory holidays of equal number to the holidays so lost within the month in
which the holidays were due to him or within a months immediately following that
month.

iv) Intervals for Rest, Spread Over, Night Shifts and Double Employment

Every adult worker working in a factory is to be allowed rest during working hours of
at least half an hour. This interval is to be so placed as to break the working hours for
a maximum of 5 hours at a stretch. This period of 5 hours work can be extended to
six hours by the permission of the State Government or subject to the control of State
Government by the Chief Inspector on sufficient grounds to be recorded in the
permission order. (Section 55, 56, 57, 58).

v) Extra Wages for Overtime

A worker of a factory required to work in excess of the maximum hours of work

prescribed under Section 51 and Section 54 is to be paid extra wages for overtime
work done by him. Therefore a worker required to work for more than 9 hours in any
day or 48 hours in any week shall be paid at twice the ordinary rate of wages for the
extra hours of work done by him. Ordinary rate of wages for this purpose shall be the
basic wages plus such allowances including the cash equivalent or the advantage
accruing through the concessional sale of food grains and other
26
The Factories Act, 1948
articles made available to workers excluding bonus. Further, where any worker in a
factory is employed on a piece rate basis the time rate wages admissible to worker in.
such jobs shall be deemed to be equivalent to daily average wages for the piece rated
worker.

vi) Notice of Periods of Work for Adult Workers

A notice in the prescribed form containing an abstract of Act and rules framed
thereunder, the name and address of Inspector and name and address of Certifying
Surgeon is required to be displayed in the factory. The notice so displayed should
indicate the periods of work for which an adult worker. is required to work everyday
in a factory. The notice shall be in English language and a language understood by
the majority of workers. The intention behind the displaying of notice is that no
worker is employed to work in contravention of Section 51, 52,54,55,56 and 58 of
the Act.

vii) Section 66

Act provides for further restrictions on employment of women. Thus no exemption

from the provisions of sec. 54 relative to daily hours of work may be granted in
respect of any woman. No woman shall be required or allowed to work in any factory
except between the hours of 6 a.m and 7 p.m; except when the state Govt. vary the
limits laid down. So however there is absolute prohibition on employment of woman
between the hours of 10 p.m and 5 a.m,

viii) Power to Make Exempting Rules and Orders

The State Government has been empowered to make rules for granting exemption
from the restrictions imposed with regard to working hours of adults as enumerated
above on such conditions as it may deem necessary.

7.13 EMPLOYMENT OF YOUNG PERSONS

i) Prohibition of Employment of Children and Adolescents

No factory can employ any person unless he has completed fourteen years of age.
(Section 67) Thus there is total prohibition in employing children below 14 years of
age. With regard to adolescent, i.e., above the age of 15 years but below 18 years, he
too cannot be employed in a factory unless (i) he as well as the manager of a

factory are in possession of certificates of fitness granted by the Certifying Surgeon

and (ii) the adolescent carries with him while at work a token giving a reference to
such certificate issued to him. (Section 68)

ii) Effect of Certificate of Fitness Granted to Adolescent

An adolescent who has been granted certificate of fitness to work as an adult in a

factory by the Certifying Surgeon is to be treated as an adult for the purposes of
working hours and annual leave with wages. But in case, such certificate has not been
granted to him then irrespective of his age he is to be treated as child for the purpose
of this Act. But an adolescent who has not attained the age of seventeen years but has
obtained a certificate of fitness to work in a factory as an adult shall be required or
allowed to work between 6 a.m. and 7 p.m. only. However, the State Government
may by notification in the official Gazette, in respect of any factory or group or class
or description of factories
i) vary the limit laid down in this sub-section. So, however, that no such sub-
section authorise the employment of any female adolescent between 10
p.m. and 5 a.m.;
27
ii) grant exemption from the provision of this sub-section in case of serious
emergency where national interest is involved.
Law on Working
Conditions iii) Working Hours for Children

the Act regulates the working hours for children above age of 14 years eligible for
employment in the factory. They can be employed for maximum hours of work
lasting 4-1/2 hours in a day . The other prohibitions relating to their employment are

a) the period of work is to be limited to shifts only:

b) the shifts are not to overlap;
c) the spread-over is not to exceed 5 hours;
d) the child is to be employed only in one relay;
e) the spread-over is not to change except once in 30 days; there should be no
double employment;
f) no exemption from the provisions of Section 52 dealing with weekly holidays;
and
g) employment during night, i.e., between 10 p.m, and n a.m. is prohibited.

7.14 ANNUAL LEAVE WITH WAGES

i) Annual Leave with Wages

Section 79 of the Act deals with the provisions of annual leave with wages. The basis
of calculation of the annual leave to which a worker would be entitled in a year is the
previous calendar year during which he had worked in a factory.

Qualifying Period

The minimum number of days which entitles a worker to earn leave is 240 during a
calendar year which period should include-

i) the days of lay off which may be as a result of contract or agreement or as

permissible under Standing Orders;

ii) the leave earned in the year prior to that in which leave is applied for; and

iii) in the case of female worker, maternity leave for any number of days not
exceeding 12 weeks.

If according to above computation, the total period comes to 240 days or more, then
the worker in a factory would be entitled to leave with wages in the subsequent
calendar year for a number of days calculated at the rate of:

Rate of Leave
i) In the case of an adult, one day for every twenty days of work performed by him
during the previous calendar year.
ii) In the case of child one day for every fifteen days of work performed by him
during the previous calendar year.
ii) Unavailed Leave

If a worker has not availed of portion of his leave in one calendar year, such
remaining portion of leave shall be carried over and added to the- leave to be allowed
to him in the succeeding calendar year subject to the condition that the total number
of days to be carried forward would not exceed-
a) in the case of adult 30` days;
28 b) in the case of child 40 days; .
The Factories Act, 1948
However, if the worker applied for leave with wages but such leave was not granted
to him in accordance with any scheme drawn up under the provisions of this section,
then in that case, leave refused shall be carried forward without any limit.

iii) Procedure for Availing of Leave

A worker who wants to avail of leave is required to make an application to the

manager of the factory at least 15 days in advance except in the case of public utility
concern where the application for leave can availed of in 3 instalments in year at the
most. if the worker wants leave with wages due to him to cover a period of illness , in
the worker need not apply in advance. The wages , in such cases , admissible to him
are required to be paid in advance within 15 days and in case of public utility concern
within 30 days from the date of application requesting for grant of leave

iv) Unavailed Leave and Notice of Discharge and Dismissal

The unavailed leave of worker. shall not be taken into consideration in computing the
period of any notice required to be given by the occupier, before discharge or
dismissal. [Section 79 (12)].

v) Wages During Leave Period

The wages admissible to a worker during leave availed of by him under Section 78 or
79 are to be calculated in accordance with Section 80 of the Act.

vi) Advance Payment of Leave Wages

An adult worker who has been allowed leave for not less than 4 days and a child who
has been allowed leave for not less than 5 days can claim payment in advance of
leave wages admissible to him. (Section 81.)

vii) Mode of Recovery of Unpaid Wages

Any sum required to be paid by an employer under the above provisions but not paid
by him to the worker concerned, can be recovered by the worker under the -
provisions of Payment of Wages Act, 1936. (Section 82.) Therefore, where wages are
due to a worker for annual leave and the employer makes a default in making
payment, they can be recovered under the provisions of the above Act.

viii) Powers of the State Government

The State Government is empowered to make rules directing the managers of

factories to keep registers containing such particulars as may be prescribed by it and
such registers to be made available to Inspectors for examination, (Section 83.)

7.15 OTHER FEATURES

Section 85 of the Act empowers the State Govt. by notification to declare that
all or any of the provisions of the Act shall apply to any place wherein a
manufacturing process is carried on or is ordinarily carried on with less then 10
employed persons or less than 20 employed person as the case may be, with or
without using power. Once such a declaration is made it shall be deemed to be
a factory under the Act and the owner shall be deemed to be occupier and any
person-working their-in; a worker.

Section 87 A empowers an inspector to prohibit employment in a factory if it,

appears that conditions are such that they may cause serious hazard by way of
injury or death to the persons employed therein or to the general public in the
vicinity.
29
Law on Working
Conditions 3. Section 91 A empowers the Chief inspector of factories or the Director General
Factory Advisory Services and Labour Institutes or any other authorised officer
to undertake after giving notice, safety and occupational health surveys. Where
for the purposes of such surveys it is required to do medical examination of any
worker then such worker shall present himself for the purpose. Time spent by the
worker on this shall be deemed to be time during which such worker worked in
the factory.

7.16 SELF ASSESSMENT TEST

1. Discuss the various provisions governing working hours of adults?
2. What are the provisions for giant of annual leave with pay?
3. Discuss the provisions for overtime wages?
4. Discuss the provisions relating to employment of young persons in factories?

7.17 FURTHER READINGS

S.C. Srivastava, Commentaries on the Factories Act, (1948), Universal Book
Company, New Delhi (1999).

B.R. Seth, Indian Lahour Laws A Supervisor should know. Revised Eleventh Edition
1997, All India Management Association, Delhi

30
The Mines Act, 1952

UNIT 8 THE MINES ACT, 1952

Objectives

After reading this unit you should be able to:

• appreciate the legislative background
• explain the scope and coverage of the Act
• develop an understanding about the administration and enforcement of the Act
• explain the provisions as to health and safety
• describe the provision for working hours, holidays and leave.
Structure
8.1 Development of Mining Legislation
8.2 Scope and Coverage
8.3 Mining
8.4 Administration of the Act
8.5 Enforcement of the Act
8.5.1 Inspectors
8.5.2 Certifying Surgeons
8.6 Health and Safety
8.7 Hours and Limitation of Employment
8.8 Leave with Wages
8.9 Self-Assessment Test

8.1 DEVELOPMENT OF MINING LEGISLATION

Mining is an ancient activity in India, but is fair to say that mining, primarily coal
mining, as a large scale industrial activity, was first introduced in the country in the
early 19th. century. Although mines appeared sometimes before the first cotton mills
came into existence, they were not subjected to labour legislation until 1895. We may
conveniently divide the history of mining legislation into three major periods; the
early, pre-1920 period, the period between 1920 and 1947, and the post-
Independence period.

3.1 The Pre-1920 Period

The first Act was the Indian Mines Act, 1901, introduced in 1889. It was amended in
1910 and 1914

3.2 1920-47

During This period legislation included the Indian Mines Act, 1923, the Indian Mines
Acts of 1925, 1927, 1928, 1935, 1937, 1940, 1945 and 1946.

3.3 The Post-Independence Period

The post-Independence period reflects a great expension of industrial activity and is

of interest in industrial labour that marked the War and the post-War period, as well
as an increased acceptance of socialist policies and the welfare State. The Mines Act,
1952 (The Act was amended in 1959 and 1983) covered i) all borings, bore holes and
oil wells; ii) all shafts, in or adjacent to and belonging to a mine; iii) all levels and
inclined planes in the course of being driven; iv) all open cast workings; v) conveyors
or serial rope-ways provided for the bringing into or removal from a mine or minerals 31
or other articles or for the
Law on Working
Conditions removal of refuse therefrom; vi) all adits, level, planes, machinery, works, railways,
tramways and sidings, in or adjacent to and belonging to a mine; vii) all workshops
and stores situated within the precincts of a mine and under the same management
and used solely for purposes connected with that mine or a number of mines under
the same management; viii) all power stations for supplying electricity solely meant
for working the mine or a number of mine under the same management; ix) any
premises exclusively occupied by the owner of the mine for being used for depositing
refuse from a mine or in which any operation connected with refuse is carried on; and
x) any premises on which any process ancillary to the getting, dressing or preparation
for the sale of minerals or of coke is carried on. These provisions, however, do not
apply to any mine a) in which excavation is being made for prospecting purposes
only, and b) engaged in the extraction of Kankar, Murrum, laterine boulder, gravel,
shingle, ordinary sand, clay, building stone, road-metal, earth, fuller" earth and lime
stone, under certain conditions.

In order to give effect to the aforesaid recommendation of the National Commission

of Labour the Mines Act was amended in 1983. The amended Act prohibited the
employment or persons below 18 years of age. Further Section 9-A provides for
entitlement for an alternative employment to a worker found medically unfit, which
is directly ascribable to his employment, and for payment of disability allowance as
well as lump sum amount when he desires to leave the employment. Moreover, while
under Section 52(1)(a) a person employed below ground would be entitled to annual
leave with wages at the rate of one day for every 15 days of work performed by him,
Section 52(10), grants proportionate leave or wages in lieu of leave. The other
amendments mainly related to: i) the removal of certain practical difficulties
experienced in its enforcement; ii) provision for additional safety regulations; iii)
closer association of workers with safety measures; iv) provisions for minimum
penalty and v) increase in levy of the cess for effective administration.

8.2 SCOPE AND COVERAGE

The Act extends to whole of India. It applies to every "mine" which means:

any excavation where any operation for the purpose of searching for or obtaining
minerals has been or is being carried on, and includes-

i) all borings, bore holes, oil wells and accessory crude conditioning plants,
including the pipe conveying mineral oil within the oilfields;

ii) all shafts, in or adjacent to and belonging to a mine, whether in the course of
being sunk or not;

iii) all levels and inclined planes in the course of being driven;

iv) all open cast workings;

v) all conveyors or aerial ropeways provided for the bringing into or removal from
a mine of minerals or other articles or for the removal of refuse therefrom;

vi) all adits, levels, planes, machinery; works, railways, tramways and sidings in to
adjacent to and belonging to a mine;

vii) all protective works being carried out in or adjacent to a mine;

viii) all workshops and stores situated within the precincts of a mine and under the
same management and used primarily for the purposes connected with that mine
or a number of mines under the same management;

ix) all power stations, transformer substations, converter stations, rectifier stations and
32 accumulator storage stations for supplying electricity solely or mainly for the
purpose of working the mine or a number of mines under the same management;
The Mines Act, 1952
x) any premises for the time being used for depositing sand or other material for
use in a mine or for depositing refuse from a mine or in which any operations in
connection with such sand , refuse or other material is being carried on , being
premises exclusively occupied by the owner of the mine:

xi) any premises in or adjacent to and belonging to a mine on which any process
ancillary to the getting, dressing or preparation for sale of minerals or of coke is
being carried on_
The aforesaid definition of mine is very wide. It includes every kind of operation.
[Tarkeshwar a Dar Doss Dey, (1979) 3 SCC 106.] It also include a quarry. [Rani
Umeshwari v Member Board of Revenue, (1967) 1 SCA 413.]
However, "Mine" does not include office of a mine even though situated at the
surface of the mine itself. [Serajuddin a Workmen, Air 1966 SC 921: (1962) 1 LLJ
450.1
Mineral
Under the Act "mineral" means all substances which can be obtained from the earth
by mining, digging; drilling, dredging, hydraulicing, quarrying or by any other
operation and includes mineral oils, which in turn include natural gas and petroleum.
Open Cast Working
"Open cast working" means a quarry, that is to say, an excavation where any
operation for the purpose of searching for or obtaining minerals has been or is being
carried on, not being a shaft or an excavation which extends below superjacent
ground.
Non-applicability of the Act
The Act is not applicable to:
a) any mine or part thereof in which excavation is being made for prospecting
purposes only and not for the purpose of obtaining minerals for use or sale:
b) any mine engaged in the extraction of kankar, murrum, laterite boulder, gravel,
shingle, ordinary sand (excluding moulding sand, glass sand and other mineral
sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay),
building stone, slate, road metal, earth, fullers earth, marl chalk and limestone:
Coverage

A person is said to be "employed" in a mine who works as the manager or who works
under appointment by the owner, agent or manager of the mine or with the
knowledge of the manager, whether for wages or not-
i) in any mining operation (including the concomitant operations of handling and
transport of minerals up to the point of dispatch and of gathering sand and
transport thereof to the mine);
ii) in operations or services relating to the development of the mine including
construction of plant therein but excluding construction of buildings, roads,
wells and any building work not directly connected with any existing or future
mining operations;
iii) in operating, servicing, maintaining or repairing any part of any machinery used
in or . about the mine;
iv) in operating, within the premises of the urine, of loading for dispatch of
minerals;
v) . in any office of the rune;
vi) in any welfare, health, sanitary or conservancy services required to be provided
under this Act, or watch and ward, within the premises of the mine excluding
residential area, or
vii) in any kind of work, whatsoever which is preparatory of incidental to, or 33
connected with, mining operations.
Law on Working
Conditions 83 MINING
Notice to be given of mining operations
Section 16 imposes an obligation upon the own, agent or manager of a mine that he
shall, before the commencement of any mining operation notice give to the Chief
Inspector, the Controller, Indian Bureau of Mine and the district magistrate of the
district in which the mine is situated. The notice should be in writing in prescribed
form containing prescribed particulars relating to the mine. Such notice shall be so
given at least one month before the commencement of any mining operation.
Managers
Every mine shall be under a sole manager having the prescribed qualifications and
the owner or agent of every mine shall appoint a person having such qualifications to
be the manager. The owner or agent may also appoint himself as manager if he
possesses the prescribed qualification. The manager shall be responsible for the
overall management, , control, supervision and direction of the mine and all such
instructions when given by the owner or agent shall be confirmed in writing
forthwith.
Duties and responsibilities of owners, agents and managers
1). The owner and agent of every mine shall each be responsible for making
financial and .other provision and for taking such other steps as may be
necessary for complains with the provisions of this Act and the regulations,
rules, bye-laws and others made thereunder.
2). The responsibility in respect of matters provided for in the rules made -under
clauses (d), (e) and (p) of Section 58 shall be exclusively carried out by the
owner and agent of the mine and by such person (other than the manager) whom
the owner or agent may appoint for securing compliance with the aforesaid
provisions.
3). If the carrying out of any instructions given under Sub-section (2) or given
otherwise than through the manager under Sub-section (3) of Section 17, results
in the contravention of the provisions of this Act or of the regulations, rules,
bye-laws or orders made thereunder, every person giving such instructions shall
also liable for the contravention of the provisions concerned.
4). Subject to the provisions of Sub-section (1), (2) and (3), the owner, agent and
manager of every mine shall each be responsible to see that all operations
carried on in connection with the mine are conducted in accordance with the
provisions of this Act and of the regulations, rules, bye-laws and orders made
thereunder.
5). In the event of any contravention by any person whosoever of any of the
provisions of this Act or of the regulations, rules, bye-laws or orders made
thereunder except those which specifically require any person to do any act or
thing or prohibit any person from doing as actor thing, besides the person who
contravenes, each of the following person shall also be deemed to be- guilty of
such contravention unless he proves that he had used due diligence of secure
compliance with the provisions and had taken reasonable means to prevent such
contravention :-
i) the official or officials appointed to perform duties of supervision in respect
of the provisions contravened;
ii) the manager of the mine;
iii) the owner and agent of the mine;
iv) the person appointed, if any, to carry out the responsibility under Sub-
section (2):
Provided that any of the persons aforesaid may not be proceeded against if it appears
on inquiry and investigation, that he is not prima facie liable .However; R shall not be
a defence in any proceedings brought against the owner or agent of the mine under
this section that the manager and other officials have been appointed in accordance
with the provisions of this Act or that a person to carry the responsibility under Sub-
34 section (2) has been appointed.
The Mines Act, 1952
8.4 ADMINISTRATION OF THE ACT
COMMITTEES

1. Constitution

1) The Central Government is required to constitute a committee consisting of- .

a) a person in the service of the Government, not being the Chief Inspector or
an Inspector, appointed by the Central Government to act as Chairman;

b) the Chief Inspector of Mines;

c) two persons to represent the interests of miners appointed by the Central

Government;

d) two persons to represent the interests of owners of mines appointed by the

Central Government;

e) two qualified raining engineers not directly employed in the mining

industry, appointed by the Central Government.

2. Functions of the Committee e

The Committee constituted shall-

a) consider proposals for making rules and regulations under this Act and
make appropriate recommendations to the Central Government;
b) enquire into such accidents or other matters as may be referred to it by the
Central Government from time to time and make reports thereon; and
c) hear and decide such appeals or objections against notices or orders under
this Act or the regulations, rules or bye-laws thereunder; as are required to
be referred to it by this Act or as may be prescribed.
3. Powers of the Committee
1). A Committee constituted under Section 12 may exercise such of the powers of
an Inspector under this Act as it thinks necessary or expedient to exercise for the
purposes of discharging its functions under this Act.
2). A Committee constituted under Section 12 shall, for the purposes of discharging
its functions, have the same powers as are vested in a court under the Code of
Civil Procedure, 1908 when trying a suit in respect of the following matters,
namely; -
a) discovery and inspection;

b) enforcing the attendance of any person and examining him on oath;

c) compelling the production of documents; and

d) such other matters as may be prescribed.

4 Recovery of Expenses

The Central Government may direct that the expenses of any inquiry conducted by a
Committee constituted under Section 12 shall be born in whole or in part by the
owner or agent of the mine concerned.

35
Law on Working
Conditions 8.5 ENFORCEMENT OF THE ACT
8.5.1 Inspectors
i) Appointment of Chief Inspector and Inspectors
The Central Government is empowered to appoint such a person as possesses the
prescribed qualifications to be Chief Inspector of Mines for all the territories to which
this Act extends and such persons as possess the prescribed qualification to be
Inspector of Mine subordinate to the Chief Inspector. But no person shall be
appointed to be Chief Inspector or an Inspector, or having been appointed shall
continue to hold such office, who is or becomes directly or indirectly interested in
any mine or mining rights in India.
The district magistrate may also exercise the powers and perform the duties of an
Inspector subject to the general or special orders of the Central Government.
ii) Functions of Inspectors
1). The Chief Inspector is empowered after seeking the approval of the Central
Government to authorise any Inspector named or any class of Inspectors
specified in the order to exercise such of the powers of the Chief Inspector
under this Act (other than those relating to appeals) as he may specify.
2). The Chief Inspector may, be order in writing, prohibit or restrict the
exercise by any Inspector named or any class of Inspector specified in the
order of any power conferred on Inspectors under this Act.
iii) Pourers of 'Inspectors of Mines
1) The Chief Inspector and any Inspector is empowered to;
a) make such examination and inquiry as he thinks fit in order to ascertain
whether the provisions of this Act and of the regulations, rules and bye-laws
and of any orders made thereunder are observed in the case of any mine;
b) with such assistants, if any, as he thinks fit, enter, inspect and examine any
mine or any part thereof at any time by day or night. However, the power
conferred by this clause shall not be exercised in such a manner as
unreasonably to impede or obstruct the working of the mine;
c) examine into, and make inquiry respecting, the state and condition of any
nine or any part thereof, the ventilation of the mine, the sufficiency of the
bye-laws. for time being in force relating to the mine, and all matters and
things connected with or relating to the health, safety and welfare of the
person employed in- the mine, and take whether on the precincts of the
mine or elsewhere, statements of any person which he may consider
necessary for carrying out purposes of this . Act;
d) exercise such other powers as may be prescribed by regulations made by
the Central Government in this behalf.
iv) Facilities to be provided for occupational health survey
1). The Chief Inspector or an Inspector or other officer authorised by him in
writing in this behalf may, at any time during the normal working hours of
the mine or at any time by day or night as may be necessary, undertake
safety- and occupational health survey in a mine after giving notice in
writing to the manager of the mine; and the owner, agent or manager of the
mine shall afford all necessary facilities (including facilities for the
examination and testing of plant and machinery, for the collection of
samples and other data pertaining to the survey and for the transport and
examination of any person employed in the. mine chosen for the survey) to
such Inspector or officer.
2). Every person employed in a mine who is chosen for examination in any
safety and occupational health survey under sub-section (1) shall present
himself for such examination and at such place as may be necessary and
shall furnish all information regarding his work and health in connection
36 with the said survey.
The Mines Act, 1952
3). The time spent by any person employed in a mine who is chosen for
examination in the safety and occupational health survey, shall be counted
towards his working time, so however that any overtime shall be paid at the
ordinary rate of wages.
4). Any person who, on examination under Sub-section (2), is found medically
unfit to discharge the duty which he was discharging in a mine immediately
before such presentation shall be entitled to undergo medical treatment at
the cost of the owner, agent and manager with fall wages during the period
of such treatment.
5). If, after the medical treatment, the person referred to in Sub-section (4) is
declared medically unfit to discharge the duty which he was discharging in
a mine immediately before presenting himself for the said examination and
such unfitness is directly ascribable to Ids employment in the mine before
such presentation, the owner, agent and manager shall provide such person
with an alternative employment in the mine for which he is medically fit:
6). The rates under the provisos to Sub-section (5) shall be determined having
regard to the monthly wages of the employees, the nature of disabilities and
other related factors.
Secrecy of information obtained

All the copies of and extracts from, registers or other records, appertaining to any
mine and all other information acquired by the Chief. Inspector or an Inspector or
by any one assisting him, he the course of the inspection [or survey] of any mine
under this Act or acquired by any person authorised under Section 8 or Section 9-
A in the exercise of his duties thereunder; shall be regarded as confidential and
shall not be disclosed to any person or authority unless the Chief Inspector or the
Inspector considers disclosure necessary to ensure the health, safety or welfare of
any person employed in the mine or in any other mine adjacent thereto.

8.5.2 Certifying Surgeons

1). The Central Government may appoint qualified medical practitioners to be

certifying surgeons for the purpose of this Act within such local limits or for
such mine or class or description of mines as it may assign to them respectively.'

2). A certifying surgeon may, with the approval of the Central Government,
authorise any qualified medical practitioner to exercise all or any of his powers
under this Act for such period as the certifying surgeon may specify, and
references to a certifying surgeon shall be deemed to include references to any
qualified medical practitioner when so authorised.

3). No. person shall be appointed to be, or authorised to exercise the powers of, a
certifying surgeon, or, having been so appointed or authorised, continue to
exercise such powers, who is or becomes the owner, agent or manager of a
mine, or is or becomes directly or indirectly interested therein, or in any process
or business carried on therein or in any patent or machinery connected
therewith, or is otherwise in the employment of the mine.

4). The certifying surgeon is required to carry out such duties as may be prescribed
in connection with-
a) the examination of persons engaged in a mine in such dangerous
occupations or processes as may be prescribed;
b) the exercise of such medical supervision as may be prescribed for any mine
or class or description of mines where-
i) cases of illness have occurred which it is reasonable to believe are
due to the nature of any process carried on or other, conditions of
work prevailing in the mine. 37
Law on Working
Conditions 8.6 HEALTH AND SAFETY
i) Drinking water

1) In every mine effective arrangements shall be made $o provide and

maintain at suitable points conveniently situated a sufficient. supply of
cool and wholesome drinking water for all persons employed therein.

All such points shall be legibly marked "DRINKING WATER' in a. language

understood by a majority of the persons employed in the mine and no such point shall
be situated within six meters of any washing place, urinal or latrine, unless a shorter
distance is approved in writing by the Chief Inspector.

ii) Conservancy

1) There shall be provided, separately for males and females in every mine,
a sufficient number of latrines and urinals of prescribed types so situated
as to be convenient and accessible to persons employed in the mine at all
times.

iii) Medical appliances

1). In every mine there shall be provided and maintained -so as to be readily
accessible during all working hours such number of first-aid boxes or
cupboards equipped with such contents as may be prescribed.
2). Nothing except the prescribed contents shall be kept in a first-aid box or
cupboard or room.
3). Every first-aid box or cupboard shall be kept in the charge of a responsible
person who is trained in such first-aid treatment as may be prescribed and
who shall always be readily available during the working hours of the nine.
4). In every mine there shall be made so as to be readily available such
arrangements as may be prescribed and who shall always be readily
available during the working hours of the mine.
5). In every mine wherein more than one hundred and fifty persons are
employed, there shall be provided and maintained a first-aid room of such
size with such equipment and in the charge of such medical and nursing
staff as may be prescribed.
iv) Notice to be given of accidents

1) Whenever there occurs in or about a mine-

a) an accident causing loss of life or serious bodily injury, or
b) an explosion, ignition, spontaneous heating, outbreak of fire or irruption or
inrush of water or other liquid matter, or
c) an influx of inflammable or noxious gases, or
d) a breakage of ropes, chains or other gear by which persons or materials are
lowered or raised in a shaft or an incline, or
e) an over winding of cages or, other means of conveyance in any shaft while
persons or materials are being lowered or raised, or
f) a premature collapse of any part of the workings, or
g) any other accident which maybe prescribed,
the owner, agent or manager of the mine shall give notice of the occurrence to such
authority in such form and within such time as may be prescribed, and he shall
simultaneously post one copy of the notice on a special notice board in the prescribed
manner at a place where it may be inspected by trade union officials, and shall ensure
38 that the notice is kept on the board for not less than fourteen days from the date of
such posting.
The Mines Act, 1952
v) Power of Government to appoint court of inquiry in cases of accidents

1) When any accident of the nature referred to in any of the clauses of sub-
section (1) of Section 23 occurs in or about a mine, the Central
Government may, if it is of opinion that a formal inquiry into the causes
of and circumstances attending the accident ought to be held, appoint a
competent person to hold such. inquiry and may also appoint one or
more persons possessing legal or special knowledge to act as assessor or
assessors in holding the inquiry.

vi) Notice of certain diseases

Where any person employed in a mine contracts any disease notified by

Central Government in the 021cial Gazan as a disease connected with mining
operations, the owner, agent or manager of the mine, as the case may be, shall
send notice thereof to the Chief Inspector and to such other authorities, in such
form and within such time as may be prescribed.

vii) Power to direct investigation of causes of disease

The Central Government may, if it considers it expedient to do so, appoint a

competent person to inquire into and report to it on may case where a disease
notified under sub-section (1) of Section 25 has been or is suspected to have
been contracted in a mine, and may also appoint one or more persons
possessing legal or special knAle4pe to act as assessors in such inquiry.

8.7 HOURS AND LIMITATION OF EMPLOYMENT

i) Hours of work above ground
1) No adult employed above ground in a mine shall be required or allowed to
work for more than forty-eight hours in any week or for more than nine
hours in any day.
ii) Hours of work below ground
1) No adult employed. below ground in a mine shall be allowed to work for more
than forty-eight hours in any week or for more than eight hours in any day,
iii) Extra wages for overtime
1) Where in a mine a person works above ground for more than nine hours in
any day, or works below ground for more than eight hours in any day, or
works for more than forty-eight hours in any week whether above ground
or below ground, he shall in respect of such overtime work be entitled to
wages at the rate of twice his ordinary rate of wages, the period of overtime
work being calculated on a daily basis or weekly basis, whichever is more
favourable to him.
iv) Prohibition of employment of certain persons
No person shall be required or allowed to work in a mine if he has already been
working in any other mine within the preceding twelve hours.
v) Limitation of daily hours of work including overtime work
Save in respect of cases falling within clause (a) and clause (e) of Section 39, no
person employed in a mine-shall be required or allowed to work in the mine for
more than ten hours in any day inclusive of overtime.
vi) Employment of persons below eighteen years of age
No person below eighteen years of age shall be allowed to work. in any mine or
part thereof. However apprentices and other trainees, not below sixteen years of
age, may be allowed to work, under proper supervision, in amine or part thereof
by the manager with prior approval of the Chief Inspector or an Inspector shall
be obtained before they are allowed to work. 39
Law on Working
Conditions vii) Prohibition of the presence of persons below eighteen years of age in a mine

No person below eighteen years of age shall be allowed to be present in any

part of a mine above ground where any operation connected with or incidental
to any mining operation is being carried on.

viii) Employment of women

1) No woman shall, notwithstanding anything contained, in any other law, be

employed;

(a) in any part of a mine which is below ground;

(b) in any mine above ground except between the hours of 6 a.m. and 7 p.m.

2) Every woman employed in a mine above ground shall be allowed an

interval of not less than eleven hours between the termination of
employment on, any one day and the commencement of the next period
of employment.

8.8 LEAVE WITH WAGES

i) Annual leave with wages

1) Every person employed in a mine who has completed a calendar year's

service therein shall be allowed during the subsequent calendar year,
leave with wages, calculated-

a) in the case of a person employed below ground, at the rate of one

day for every fifteen days of work performed by him, and

b) in any other case, at the rate of one day for every twenty days of
work performed by him,

ii) Payment in advance in certain cases

Any person employed in a mine who has been allowed leave for not less than
four days, shall, before his leave begins, be paid the wages due for the period
of the leave allowed

iii) Mode of recovery of unpaid wages

Any sum required to be paid by the owner, agent or manager of a mine under
this Chapter but not paid by him shall be recoverable as delayed wages under
the provision of the Payment of Wages Act, 1936.

8.9 SELF-ASSESSMENT TEST

1. Are the following "mine"
1) Quarry
ii) Office of the mine
2 What are the functions of the Committee?
3. What are the duties of Certifying Surgeons?
4. How are Inspectors appointed? What are their powers?
5. What are the provisions regarding working hours for adult?
6. What are the provisions for annual leave with wages?

40
Shops and
Establishments Law
UNIT 9 SHOPS AND ESTABLISHMENTS LAW
Objectives

After reading this unit, you should be able to:

• appreciate the need for regulating shops and establishments
• explain the object and scope of the Delhi Shops and Establishments Act.
• define commercial establishment, establishment, shop, residential hotel,
restaurant, retail trade or business, employee, employer adult, child, young
person, close day closing hours.
• deal with the provisions regulating hours of work payment of wages, leave,
holidays, terms of service and other conditions of work of persons employed in
shops and establishments.
Structure
9.1 Introduction
9.2 Object and Scoff
9.3 Concepts and Definitions
9.4 Registration of Establishment
9.5 Working Hours
9.5.1 Employment of Adults, Hours of Work
9.5.2 Restriction on Double Employment
9.5.3 Interval for Rest and Meals
9.5.4 Spread Over
9.6 Prohibition of Employment of Child, Young Persons and Women
9.6.1 Prohibition of Employment of Children
9.6.2 Employment of Young Persons
9.7 Opening and Closing Hours of Shops and Commercial Establishments
9.8 Close Day
9.9 Holiday and Rest Day
9.9.1 Period of Rest (Weekly Holiday)
9.9.2 Wages for the Holiday
9.10 Payment of Wages
9.10.1 Time and Conditions of Payment of Wages
9.10.2 Deductions which may be made form Wages
9.10.3 Claims Relating to the Wages
9.11 Leave
9.12 Health and Safety
9.12.1 Cleanliness
9.12.2 Lighting and Ventilation
9.12.3 Power to Enforce Cleanliness etc.
9.12.4 Precautions against Fire
9.12.5 Accidents
9.13 Dismissal
9.14 Enforcement of the Act
9.14.1 Inspection of Registers and Calling for Information
9.14.2 Appointment of Inspectors
9.14.3 Powers and Duties of the Inspector
9.14.4 Status
9.14.5 Protection
9.14.6 Penalties
9.14.7 Penalty for obstructing Inspector
9.15 Summary
41
9:16 Self-Assessment Test
Law on Working
Conditions 9.1 INTRODUCTION
In order to be a good manager it is necessary to have a good understanding of the law
particularly when one is employed in shops or establishments. Before we turn to
discuss the law relating to shops and establishments it is necessary to know the
development of law relating to them.
Development of Shops and Commercial Establishments
The conditions of employment of persons employed in shops and commercial
establishment are generally regulated by State Acts and rules framed thereunder.
These Acts provide for minimum hours of work, rest intervals, holidays, annual
leave, opening and closing hours of establishment, payment of wages, overtime
wages, and for restrictive employment of children and young persons. Besides the
State Acts, there is/ also a Central Act, namely, the Weekly Holiday Act, 1942 which
provides for weekly holidays to persons employed in shops commercial
establishments etc. The Act applies only to those State which notify its application to
specified areas in their jurisdiction.
The Shops and Establishments Acts of different states extend to the whole of the
State and within each State, it covers such areas as the State Government may notify
from time to time. The provisions are more or less similar and usually has also a
provision for granting exemptions, either permanently or for a specified period of
time, any establishment or class of establishment, persons or classes of persons from
all or any provisions of Act, subject to conditions. Registration of establishments may
or may not be compulsory.
According to the National Commission on Labour, which examined the working of
these Acts, the Central Goverment should consider again the question of enacting a
central law, limiting its coverage to establishments with stipulated minimum number
of employees.
The following sections deal with the provision of the Delhi Shops and Establishments
Act. 1954.

9.2 OBJECT AND SCOPE

The object of the Delhi Shops & Establishments Act, 1954 is to discourage the
malpractices at the hands of the employers towards their employees so as to
safeguard their service conditions, regulate the working hours, ensure prompt
payment of wages, grant various types of leave and create healthy relations between
employers and employees in shops, commercial establishment, residential hotel,
restaurant, eating house, theatre or other places of public amusement or
entertainment.

9.3 CONCEPTS AND DEFINITIONS

Adult
Adult means a person, who has completed his eighteenth year of age;
Apprentice
Apprentice means a person, who is employed, whether on payment of wages or not,
for the purpose of being trained in any trade, craft or employment in any
establishment;
Child
Child means a person who has not completed his twelth year of age;
Close day
Close day means the day of the week on which a shop or commercial establishment
remains closed;
Closing hour
42
Closing hour means the hour at which a shop or commercial establishment closes;
Shops and
Commercial establishment Establishments Law
Commercial establishment means any premises wherein any trade, business or
profession or any work in connection with, or incidental or ancillary thereto, is
carried on and includes a Society registered under the Societies Registration Act,
1860 (XX of 1860) and charitable or other trust, whether registered or not, which
carries on any business, trade or profession of work in connection with or incidental
or ancillary thereto, journalistic and printing
establishments, contractors and auditors establishments, quarries and mines not
governed by the Mines Act, 1952 (XXXV of 1952), educational or other institution
run for private gain and premises in which business of banking, insurance, stocks and
shares, brokerage or produce exchange is carried on, but does not include a shop or a
factory registered under the Factories Act, 1948 (LXIII of 1948), or theatres,
cinemas, restaurants, eating houses, residential hotels, clubs or other places of public
amusement or entertainment;
Employee
Employee means a person wholly or principally employed, whether directly or
otherwise and whether for wages, (payable on permanent, periodical, contract, piece-
rate or commission basis) or other consideration, about the business of an
establishment and includes and apprentice and any person employed in a factory but
not governed by the Factories Act, 1948 (LXIII of 1948) and for the purpose of any
matter regulated by this Act, also includes a person discharged or dismissed whose
claims have not been settled in accordance with this Act;
Employer
Employer means the owner of any establishment about the business of which persons
are employed, and where the business of such establishment is not directly managed
by the owner, means the manager, agent, or representative of such owner in the said
business;
Establishment
Establishment means shop, a commercial establishment , residential hotel, restaurant,
eating house, theatre or other places of public amusement or entertainment to which
this Act applies and includes such other establishments as Government may, by
notification in the Official Gazette, declare to be an establishment for the purposes of
this Act;
Residential hotel
Residential hotel means any premises in which business is carried on for the supply
of dwelling accommodation and meals on payment of a sum of money by a traveller
or any member of the public or a class of the public and includes a club;
Restaurant
Restaurant or eating house means any premises in which is carried on wholly or
principally the business of the supply of meals or refereshment to the public or a class
of the public for consumption on the premises;
Retail trade or business
Retail trade or business includes the business of a barber or hair dresser, the sale of
refreshment of intoxicating liquors, and retail sales by auction;
Shop
Shop means any premises where goods are sold, either by retail or wholesale or
where services are rendered to customers and includes an office, a store-room,
godown, warehouse or workhouse or work place, whether in the same premises or
otherwise, used in or in connection with such trade or business but does not include a
factory or commercial establishment;
Young persons
Young persons means a person who is not a child and has not completed his 43
eighteenth year of age.
Law on Working
Conditions 9.4 GISTRATION OF ESTABLISHMENT
1). Section 5 imposes an obligation upon the occupier of every establishment to
send to the Chief Inspector a statement during the specified time in a prescribed
form, together with prescribed fees, containing.

a) the name of the employer and the manager, if any;

b) the postal address of the establishment;

c) the name, if any, of the establishmen;

d) the category of the establishment, i.e. whether it is a shop, commercial

establishment, residential hotel, restaurant, eating house, theatre or other
place of public amusement or entertainment;

e) the number of employees working about the business of the establishment;

and

f) such other particulars as may be prescribed.

2). On receipt of the statement and the fees, the Chief Inspector shall, on being
satisfied about the correctness of the statement, register the establishment in the
Register of Establishment in such manner as may be prescribed and shall issue
in a prescribed form, a registration certificate to the occupier.

3). The registration certificate shall be prominently displayed at the establishment

and shall be renewed at such intervals as may be prescribed in this respect.

4). In the event of any doubt or difference of opinion between an occupier and the
Chief Inspector as to the category to which an establishment should belong, the
Chief Inspector shall refer the matter to the Government which shall after such
enquiry, as it may think proper, decide the category of each establishment and
the decision thereto shall be final for the purpose of this Act.

5). Within ninety days from the date mentioned in column 2 below in respect of the
establishment mention in column I the statement together with fees shall be sent
to the Chief Inspector under sub-section (1).

Change to be communicated to the Chief Inspector

Section 6 imposes a duty upon the occupier to notify to the chief Inspector, on a
prescribed form, any change in respect of any information contained in his statement
under sub-section (1) of section 5 within thirty days after the change has taken place.
On the receipt of such notice and the prescribed fee and on being satisfied about its
correctness make the change in the register of establishments in accordance with such
notice and the chief Inspector shall amend the registration certificate, or issue a fresh
registration certificate, if necessary.

Closing of establishment to be communicated to the Chief Inspector

Under section 7 the occupier is required to notify within fifteen days of his closing
the establishment to the Chief Inspector in writing. On receipt of such information
and the Chief Inspector shall being satisfied about the nature of closure, remove such
establishment from the register of establishments and cancel the registration
certificate.

However the Chief Inspector may not, if satisfied that the establishment is likely to
re-start within a period of six months, remove it from the register of establishment
44 and cancel the registration certificate.
Shops and
9.5 WORKING HOURS Establishments Law

9.5.1 Employment of Adults, Hours of Work

Under section 8 no adult shall be employed or allowed to work about the business of
an establishment for more than nine hours on any day or 48 hours in any week. The
occupier is required to fix the daily periods of work accordingly.

However during any period of stock taking or making of accounts or any other
prescribed purpose any adult employee may be allowed or required to work for more
than the hours fixed in this section, but not exceeding 54 hours in any week subject to
the conditions that the aggregate hours so worked shall not exceed 150 hours in a
year.

9.5.2 Restriction on Double Employment

No person shall work about the business of an establishment or two or more

establishments or an establishment and a factory in excess of the period during which
he may be lawfully employed under this Act.

9.5.3 Interval for Rest and Meals

The period of work of an adult employee in an establishment each day shall be so

fixed that no period of continuous work shall exceed five hours and that no employee
shall be required or allowed to work for more than five hours before he has had an
interval for rest and meals of at least half an hour.

9.5.4 Spread Over

The periods of work on any day of an adult person shall be so arranged that inclusive
of his interval for rest or meals as required under Section 10, they shall not spread
over for more than ten and a half hours in any commercial establishment or for more
than ten and a half hours in any commercial establishment or for more than twelve
hours in any shop.

9.6 PROHIBITION OF EMPLOYMENT OF CHILD,

YOUNG PERSON AND WOMEN
9.6.1 Prohibition of Employment of Children

No child shall be required or allowed to work whether as an employee or otherwise in

any establishment notwithstanding that such child is a member of the family of the
employer.

9.6.2 Employment of Young Persons

1) No young person shall be required or allowed to work about the business of an

establishment for more than six hours a day. (2) No young person shall be
employed continuously for more than three and a half hours without an interval
of at least half an hour for rest or meals and the spread over shall not exceed
eight hours on any day.

Young persons and women to work during day time. No young person or woman
shall be allowed, or required to work, whether as an employee or otherwise, in any
establishment between 9 RM. and 7 A.M. during the summer season and between 8
RM. and 8 A.M. during the winter season (Section 14).

45
Law on Working
Conditions 9.7 OPENING AND CLOSING HOURS OF SHOPS AND
COMMERCIAL ESTABLISHMENT
No shop or commercial establishment of any day, be opened earlier than such hour or
closed later than such hour, as may be fixed by the Government by general or special
order made in that behalf.

Provided that any customer who was being served or was waiting to be sewed during
the period of fifteen minutes immediately following such hour.

Before making an order under sub-section (1) the Government shall hold an inquiry
in such manner as may be prescribed.

The Government may, for the purposes of this section, fix different opening hours
and different closing hours for different classes of shops or commercial
establishments or for different areas or for different times of the year.

9.8 CLOSE DAY

Every shop and commercial establishment shall remain closed on a close day.
(Section 16)

9.9 HOLIDAY REST DAY

9.9.1 Period of Rest (weekly holiday)

Every employee shall be allowed at least twenty four consecutive hours of rest
(weekly holiday) in every week, which shall, in the case of shops and commercial
establishment required by this Act to observe a close day, be on the close day.
(Section 17).

9.9.2 Wages for the Holiday

No deduction shall be made from the wages of any employee on account of the close
day under Section 16 or a holiday granted under Section 17 of this Act (Section 18)

9.10 PAYMENT OF WAGES

9:10.1 Time and Conditions of Payment of Wages
1). Every employer or his agent or the manager of any establishment shall fix
periods in respect of which wages to the employee shall be payable and such
person shall be responsible for the payment to persons employed by him of all
wages required to be paid under this Act.
2). No wages period, so fixed shall exceed one month.
3). The wages of every employee in any shop or establishment shall be paid on a
working day before the expiry of the seventh day of the last day of the wage
period in respect of which the wages are payable.
4). All wages shall be paid in cash.
5). Where the employment of any person is terminated by or on behalf of the
employer, the wages earned by him shall be paid before the expiry of the second
working day after the day on which his employment is terminated (Section 19).
9.10.2 Deductions which may be made form Wages

1) The wages of an employed person shall be paid to him without deduction of

any kind except those specified in Sub-section (2).
46
Shops and
2) Deductions from the wages of an employee shall be of one or more of the Establishments Law
following kinds, namely:-
i) Fines;
ii) Deductions for absence from duty;
iii) Deductions for damage to or loss of goods expressly entrusted to the
employed person for custody, or for loss of money or for which he is
required to account, where such damage or loss is directly attributable to
his neglect or default;
iv) Deductions for house accommodation supplied by the employer;
v) Deductions for such amenities and services supplied by the employer as
the Government may by general or special order authorise;
vi) Deductions for the recovery of advances or for adjustment of over-
payments of wages, provided that such advances do not exceed an amount
equal to wages for two calendar months of the employed person and, in
no case, shall the monthly instalment of deduction exceed one-fourth of
the wages earned in that month.
vii) Deductions of income tax payable by the employed person;
viii) Deductions required to be made by order of a Court or other competent
authority;
ix) Deduction for subscription to, and for payment of advances from, any
provident fund to which the Provident Fund Act, 1952 (xix of 1952)
applies or any recognised provident funds as defined in section 2 (38) of
Income Tax Act, 1961 (43 of 1961) or any provident fund approved in
this behalf by the Government during the continuance of such approval;
x) Deductions for payment to co-operative societies or to a scheme of
Insurance approved by the Government.
3) Any employer desiring to impose a fine on an employed person or to make a
deduction for damage or loss caused by him shall explain to him personally
and also in writing the act or omission or the damage or loss, in respect of
which the fine or deduction is proposed to be imposed or made, and give him
an opportunity to offer any explanation in the presence of another person. The
amount of the said fine or deduction shall also be intimated to him.
4) The amount of fine or deduction mentioned in Sub-section
5) shall be such as may be specified by the Government. All such decisions and
realizations there of shall be recorded in a register maintained in a form as may
be prescribed.
6) The amount of fine imposed under sub-section (3) shall be utillised in
accordance with the directions of the Government.
7) Nothing in this section shall be deemed to affect the provisions of the payment
of Wages Act, 1936 (IV of 1936) (Section -20)

9.10.3 Claims Relating to the Wages

1) Section 21 deals with claims relating to wages. It provides that (1) The
Government may, by notification in the official Gazette, appoint any
Commissioner for Workmen's Compensation Act or other officer with
experience as a judge of a civil court or as a Stipendiary Magistrate to be the
authority to heart and decide all claims arising out of delayed payment or non-
payment of earned wages of an employee employed in any establishment,
2) Application for any such claim may be made to the authority appointed under
Sub-section (1) by the employee himself (or any official of a registered trade
union authorised in writing to act on his behalf) or any legal practitioner or the
Chief Inspector for a direction under Sub-section (3). However every such 47
application should
Law on Working
Conditions be presented within (one year) from the date on which the claim for such wages
has become payable under this Act. Further that an application may be admitted
after the said period of (one year) when the applicant satisfies the authority that
he had sufficient cause for not making the application within such period.

3) When any application under sub-section (2) is entertained the authority shall
hear the applicant and the employer, or give them an opportunity of being heard
and after such further enquiry, if any, as it may consider necessary may without
prejudice to any other penalty to which employer may be liable under this Act,
direct the payment to the employee of the amount due to him together with the
payment of such compensation as the authority may think fit, not exceeding half
the amount so due or Rs. 100. whichever is less.

4) If the authority hearing any application under this section is satisfied that it was
either malicious or vexatious, it may direct that a penalty not exceeding hundred
rupees be paid to the employer by the person presenting the application.

5) Any amount directed to be paid under this section may be recovered :

a) if the authority is a magistrate, by the authority as if it was a fine imposed

by the authority as a magistrate, or

b) if the authority is not a magistrate, by any magistrate to whom the authority

makes application in this behalf, as if it were a fine imposed by such
magistrate.

6) Every direction of the authority under this section shall be final.

7) Every authority appointed under sub-section (1) shall have all power of a Civil
court under the code of civil procedure, 1908 (V of 1908) for the purpose of
taking evidence and of enforcing the attendance of witness and compelling the
production of documents, and every such authority shall be deemed to be a Civil
Court for all the purposes of Section 195 and Chapter XXXV of the Code of
Criminal Procedure, 1898 (V of 1898).

9.11 LEAVE
1). Every person employed in an establishment shall be entitled
a) after every twelve months, continuous employment, to privilege leave for a
total. period of not less than fifteen days;
b) in every year, to sickness or casual leave for a total period of not less than
twelve days.
However (i) an employee who has completed a period for four months in
continuous employment, shall be entitled to not less than five days privilege
leave for every such completed period and (ii) an employee who has completed
a period of one month in continuous employment shall be entitled to not less
than one day's casual leave for every month.

A watchman or caretaker who has completed a period of twelve months in

continuous employment and to whom the provisions of section 8, 10, 11, 13 and
17 do not apply by virtue of an exemption, granted under section 4, shall; be
entitled to not less than thirty days privilege leave. Leave admissible shall not be
accumulated.

2). If an employee entitled to leave under clause (a) of sub-section (1) of this
section is discharged by his employer before he has been allowed the leave, or
if, having applied for and having been refused the leave; he quits his
48 employment before he has been allowed the leave, the employer shall pay him
full wages for the period of leave due to him.
Shops and
Wages during leave. Under section 23 every employee shall be paid for the period of Establishments Law
his leave at a rate equivalent to the daily average of his wages for the days on which
he actually worked during the preceding three months, exclusive of any earning in
respect of over-time but inclusive of dearness allowance.

9.12 HEALTH AND SAFETY

9.12.1 Cleanliness

The premises of every establishment shall be kept clean and free from effluvia arising
from any drain for privy or other nuisance and shall be cleaned at such times and by
such methods as may be prescribed. These methods may include lime washing,
colour washing, painting and disinfecting.

9.12.2 Lighting and Ventilation

The premises of every establishment shall be kept sufficiently lighted and ventilated
during all working hours.

Suitable arrangements shall be made for supply of drinking water to the employees.
9.12.3 Power to Enforce Cleanliness, etc.

If it appears to an Inspectors that the premises of any establishment within his

jurisdiction are not sufficiently lighted, cleaned or ventilated he may serve on the
employer an order in writing specifying the measures which in his opinion should be
adopted and requiring them to be carried out before a date specified in the order.

9.12.4 Precautions against Fire

In every establishment, except such establiments or class of establishments as may be

prescribed such precautions against fire shall be taken as may be prescribed.

9.12.5 Accidents

The provisions of Workmen compensation Act, 1923 (VIII of 1923) and of rules
made thereunder, shall apply mutatis mutandis to every employee of an
establishment. - .

9.13 DISMISSAL
1). No employer shall dispense with the services of an employee who has been in
his continuous employment for not less than three months, without giving such
person at least one months notice in writing or wages in lieu of such notice.

Provided that such notice shall not be necessary where services of such
employee are dispensed with for misconduct, after giving him an opportunity to
explain the charge or charges against him in writing.

2). No employee who has put in 3 month continuous service shall terminate his
employment unless he has given to his. employer a notice, of at least one month,
in writing.

In case he fails to give one month notice he will be released from his
employment on payment of an amount equal to one months pay.

3). In any case instituted for a contravention of the provisions of Sub-section (1); ,if
a Magistrate is satisfied that an employee had been dismissed without any
reasonable course or discharged without proper notice or pay in lieu of notice,
the Magistrate may, for reason to be recorded in writing, award, in addition to 49
one months salary, compensation to the employee as following :
Law on Working
Conditions a) When immediately before his discharge or dismissal, the employee was in
receipt of a salary not exceeding Rs. 100 per month, such amount of
compensation not exceeding his months salary, as the Magistrate may
direct.
b) When immediately before his dismissal or discharge, the employee was in
receipt of a salary exceeding hundred rupees per mensem such amount of
compensation not exceeding hundred rupees, as the Magistrate may direct.
4). The amount payable as compensation under this section shall be in addition to
any fine payable under Section 40.

5). No person who has been awarded compensation under this section shall be at
liberty to bring a civil suit in respect of the same claim (Section 30).

9.14 ENFORCEMENT OF THE ACT

9.14.1 Inspection of Registers and Calling for Information

Section 35 imposes a duty upon every occupier of a shop or establishment to produce

for inspection of an Inspector, all accounts or records required to be kept for the
purpose of this Act, and to give any other information in connection therewith as may
be required.

9.14.2 Appointment of Inspectors

Section 36 imposes a duty upon the Government to appoint a Chief Inspector and
such inspectors as may be necessary for the purpose of carrying out the provisions of
this Act. The Chief Inspector and the Inspectors so appointed are required carry
identity cards.

9.14.3 Powers and Duties of the Inspector

The Chief Inspector is empowered to

a) enter at all reasonable times with such assistance as may be necessary any place
which is, or which is being used as an establishment;
b) make such examination of the premises and of any prescribed registers, records
and notices and take on the spot or otherwise evidence of any person as he may
deem necessary for carrying out the purpose of this Act.
c) make copies of or take extracts from any book, registers or other documents
maintained for the purpose of this Act;.
d) exercise such other powers as may be necessary for carrying out the purpose of
this Act.
9.14 Status

The Chief Inspector and every Inspector appointed under Section 36 shall be deemed
to be a public servant within the meaning of Section `21 of the Indian Penal Code
(Act XLV of 1860).

9.14.5 Protection

Protection under section 39; no suit, prosecution or other legal proceeding shall lie
against any public servant or any other person in the service of this Union Territory
acting under the direction of any public servant for anything. in good. faith done of
intended to be done in pursuance of the provisions of this Act. or any rule or order
made thereunder'

50
Shops and
9.14.6 Penalities Establishments Law

Under Section 40 (1) if any shop or establishment there is any contravention of

anyprovisions of this Act, or any rule or order made thereunder except Sections 33,
41 and 42the proprietor, the employer or the manager thereof as the case may be
shall, on conviction, be punished with fine which_ shall not be less than twenty five
rupees and which may extend to.

9.14.7 Penalty for obstructing Inspector

Under Section 42 whoever wilfully obstructs an Inspector in the exercise of any

power under Section 37 or conceals any employee in an establishment from
appearing before or being examined by an Inspector shall, on conviction, be punished
with fine which shall not be less than fifty rupees and which may extend to two
hundred and fifty rupees.

9.15 SUMMARY
Shops and Establishments law regulate the working hours, leave, holidays, payment
of wages of persons employed in commercial establishments, shops, residential
hotels, restaurants, retail trade or business. It also prohibits the employment of
children and make special provisions for young persons. The law lays special
emphasis on close day and closing hours for shops and establishments, provides for
enforcement machinery and prescribes penalties.

9.16 SELF-ASSESSMENT TEST

1. What is the object of the Delhi shops and Commercial Establishment Act?

2. Define and distinguish

(i) Shop
(ii) Commercial establishment
(iii) Establishment
3. Explain the procedure for registration of establishment

4. Is there any restriction on working hours ?

5. State the main provision governing leave.

6. Discuss the provisions regarding health and safety.

7. What are the authorised deductions under the Act ?

51
Law on Working
Conditions
UNIT 10 PLANTATION LABOUR ACT, 1951
Objectives

After reading this unit, you should be able to:

• describe the legislative development
• explain the various terms used in the Act
• discuss the law regulating the conditions of work in the plantation
• appreciate the welfare measure provided for benefit of workers employed in
plantations.
Structure

10.1 Introduction

10.2 Scope and Applicability

10.3 Definitions

10.4 Registration of Plantation

10.5 Provisions as to Health

10.5.1 Drinking Water
10.5.2 Conservancy Arrangements
10.5.3 Medical Facilities
10.6 Welfare
10.6.1 Canteen
10.6.2 Creches
10.6.3 Recreational Facilities
10.6.4 Educational Facilities
10.6.5 Housing Facilities
10.6.6 Welfare Officer
10.7 Safety Provisions Under the Plantation Labour Act-1951

10.8 Working Hour and Limitation of Employment

10.8.1 Statutory Limitation on Weekly Hours
10.8.2 Restriction for Women Workers
10.8.3 Statutory Limitation on Continuous Work and Rest-Intervals
10.8.4 Exemptions
10.8.5 Overtime
10.9 Leave with Wages
10.9.1 Period of Leave
10.9.2 Accumulation of Annual Leave
10.9.3 Holidays during Annual Leave
10.9.4 Wages during Leave Period
10.9.5 Advance Payment for Leave Period
10.9.6 Sickness and Maternity Benefits
10.10 Administration and Enforcement of the Act
10.10.1 Inspecting Staff
10.10.2 Certifying Surgeons
52 10.10.3 Penalties for Offences
10.11 Self-Assessment Test
Planning Labour
10.1 INTRODUCTION Act, 1951

Even though the plantation industry which in India is confined to the growing of tea,
coffee, rubber, cinchona and later cardamom provides employment to over a million
workers nearly half of whom are women, there was no legislation for regulating
employment and working conditions in this industry. The industry is particularly
concentrated in the States of Assam, West Bengal, Kerala, Tamil Nadu and Karnatka,
though there are pockets of plantation crops in states like Andhra Pradesh, Uttar
Pradesh (now Uttaranchal) and Himachal Pradesh.

As plantations are usually located in remote and hilly areas where in the initial stages
facilities were very few where diseases like Malaria were epidemic and where
workers had to be got from distant locations to work in the plantations, the law had to
provide not merely welfare within the workplace as in Factories Act or Mines Act,
but also provide for welfare outside the workplace. So it is that the Plantations
Labour Act, 1951 provides for residential accommodation, medical facilities,
educational and recreational facilities for workers, all at the cost of the employer.

The Plantations Labour Act, was passed by Parliament in 1951. The Act covered all
persons employed in tea, coffee, rubber, cinchona and cardamom plantations. The
1960 Amendment also included small units of Plantations within its coverage. The
Original Act limited duration of work to 54 hours a week for adults and 40 hours a
week for adolescents and children. It required rest interval of at least half an hour for
work exceeding five hours and spread over 12 hours. The Act prohibits the
employment of women and children during night. It provides for a day of rest in a
week. The Act also provides for annual leave with pay at the rate of one day for
every 20 days for adults and one day for every 15 days for young persons. Planters
are required to provide housing for every worker and his family residing within the
plantation, to provide for drinking water, separate urinals and latrines for men and
women, medical facilities including maternity benefits, canteens (where 150 or more
persons are employed), creches (where 50 or more women workers are employed),
recreational and educational facilities.

A survey of the provisions of the Plantations Labour Act reveals that much
improvement has been made since Independence.

After a thorough investigation of the industrial situation and industrial law, the
National Commission on Labour submitted its recommendations in 1969. Regarding
plantation industry, it recommended the following:
i) The prescribed hours of work be reduced from 54 to 48.
ii) Houses be provided for such plantation workers who do not reside within .5
kilometers from the periphery of the estate but who wish to be accommodated
on the estate.
iii) Every employee should be allowed 3 national and 5 festival holidays in a
calendar year.
iv) The limit to 50 women workers, which makes the provision of crèche obligatory
in plantation should be reduced in accordance with the local conditions or to 20.
v) The State Governments should prescribe a list of drugs, medicines and
equipment for the local hospitals in order to make sure that they are properly
equipped.
vi) Suitable arrangements need o be made for detection and treatment of
occupational diseases among plantation workers.
vii) Priority should also be given to family planning programmes.
viii) State Government should ensure that facilities for education of children of
plantation workers are provided by the employers. 53
Law on Working
Conditions Keeping these recommendations in view and to provide for compulsory registration "
of Plantation and reduction of weekly hours for adults and children, the Plantation
Labour (Amendment) Act, 1981 was passed. The Act came into force from 26th
January, 1982.

10.2 SCOPE AND APPLICABILITY

The Act extends to the whole of India except the State of Jammu and Kashmir. It
applies to:

a) any land used or intended to be used for growing tea, coffee, rubber, cinchona or
cardamon which admeasures five hectares or more and in which fifteen or more
persons are employed or were employed on any day of the preceding twelve
months;

b) to any land used or intended to be used for growing any other plant, which
admeasures 5 hectares or more and in which fifteen or more persons are
employed or were employed on any day of the preceding twelve months, if, after
obtaining the approval of the Central Government, the State Government, by
notification in the Official Gazette, so directs.

The State Government is empowered to declare by notification in the Official

Gazette, that all or any of the provisions of this Act shall apply also to any land
used or intended to be used for growing any plant referred to in clause (a) or
clause (b) of Sub-section (4), notwithstanding that -

a) it admeasures less than 5 hectares, or

b) the number of persons employed therein is less than fifteen.

However, that no such declaration shall be made in respect of such land which
admeasured less than five hectares or in which less than 15 persons were employed,
immediately before the commencement of the Act.

10.3 DEFINITIONS
i) Plantation

Section 2 (f) defines "plantation" to mean:

any plantation to which this Act, whether wholly or in part, applies and includes
offices, hospitals, dispensaries, school, and any other premises used for any purpose
connected with such plantation, but does not include any factory on the premises to
which the provisions of the Factories Act, 1948, apply.
ii) Employer
Section 2 (e) defines "employer" when used in relation to plantation means:
"the person who has the ultimate control over the affairs of the plantation, and where
the affairs of any plantation, are entrusted to any other person (whether called a
managing agent, manager, superintendent or by any other name) such other person
shall be deemed to be the employer in relation to that plantation".
iii) Family
Section 2 (ee) defines "family", when used in relation to a worker, mean:
i) his or her spouse, and
ii) the legitimate and adopted children of the worker dependent upon him or,
54 who have not completed their eighteenth year, and includes, where the
worker is a male, his parents dependent on him.
Planning Labour
iv) Worker Act, 1951

Section .2 (k) defines the ten "worker" to mean:

"a person employed in a plantation for hire or reward, whether directly or through
any agency, to do any work, skilled, unskilled, manual or clerical, but does not
include -
i) a medical officer employed in the plantation;
ii) any person employed in the plantation (including any member of the medical
staff) whose monthly wages exceed rupees seven hundred and fifty
iii) any person employed in the plantation primarily in a managerial capacity,
notwithstanding that his monthly wages do not exceed rupees seven hundred and
fifty
iv) any person temporarily employed in the plantation in any work relating to the
construction, development or maintenance of buildings, roads, bridges, drains or
canals;
v) Adolescent, adult and child

a) "adolescent" means a person who has completed his fourteen year but has
not completed his eighteenth year;
b) "adult" means a person who has completed his eighteenth year;
c) "child means a person who has not completed his fourteen year;

10.4 REGISTRATION OF PLANTATION

i) Appointment of Registering Officers

Section 3A empowers the State Government to (i) appoint such persons being
Gazetted Officers of Government, to be registering officers, and (ii) define the limits
within which a registering officer shall exercise the powers and discharge the
functions conferred or imposed on him by the Act.

ii) Procedure for Registration of Plantation

Section 3-13 imposes an obligation on every employer of a plantation existing at the

commencement of the Plantation Labour (Amendment) Act, 1981, shall within a
period of sixty days such commencement, and every employer of any other plantation
coming into existence after such commencement shall, within a period of sixty days
of coming into existence of such plantation make an application to the Registering
Officer for the registration of such plantations.

iii) Powers and Functions of the Registering Officer

The registering officer is empowered to entertain any such application even after the
expiry of 60 days if he is satisfied that the applicant was prevented by sufficient
cause form making the application shall be in such form and shall contain such
particulars and shall be accompanied by such fees as may be prescribed. After the
receipt of an application under sub-section (1), the registering officer shall register
the plantation. Where a plantation is registered under this section, the registering
officer is required to issue a certificate of registration to the employer in such form as
may be prescribed. Where, after the registration of a plantation under the section any
change occurs in ownership or management or in the extent of the area or other
prescribed particulars in respect of such plantation, the particulars regarding such
change small be intimated by the employer to the registering officer within 30 days
of such change in such form as may be prescribed. Where, as a result of any
intimation received under sub-station (5), the
55
Law on Working
Conditions registering officer is satisfied that the plantation is no longer required to be registered
under this section, he shall, by order in writing, cancel the registration thereof and
shall, as soon as practicable, cause such order to be published in any one newspaper
in the language of, and having circulation in, the area where the plantation is situated.

iv) Appeals against Orders of Registering Officer

Under Section 3 C any person aggrieved by the order of a registering officer under
Sub-section (6) of Section 3 B may, within 30 days of the publication of such order in
the newspaper under that sub-section, prefer an appeal to such authority as may be
prescribed. However, the appellate authority may entertain an appeal under that Sub-
section after the expiry of 30 days if it is satisfied that the appellant was prevented by
sufficient cause from preferring the appeal within such period. After the receipt of an
appeal under Sub-section (1), the appellate authority may, after giving the appellant,
the employer referred to in Sub-section (5) of Section 3 B, and the registering officer
an opportunity of being heard in the matter, dispose of the appeal as expeditiously as
possible.

10.5 PROVISIONS AS TO HEALTH

10.5.1 Drinking Water

The Plantation Labour Act, 1951 provides that effective arrangements should be
made to provide and maintain at suitable points conveniently situated for all workers
employed therein a sufficient supply of wholesome drinking water. (Section 8)

10.5.2 Conservancy Arrangements

Every plantation is required to provide separate arrangements for male and female
workers for toilets at convenient places. These should be properly cleaned and
maintained in sanitary conditions(Section 9).

10.5.3 Medical Facilities

1). In every plantation there shall be provided and maintained so as to be ready

available such medical facilities for the workers and their families as may be
prescribed by State Government.

2). If in any plantation medical facilities are not provided and maintained as
required by Sub-section (1) the chief inspector may cause to be provided and
maintained therein such medical facilities and recover the cost thereof from the
defaulting employer.

3). For the purposes of such recovery the chief inspector may certify the costs to be
recovered by the collector, who may recover the amount as an arrear of land-
revenue.

10.6 WELFARE
10.6.1 Canteen

The Act requires employers employing 150 workers to maintain a canteen.

10.6.2 Creches

Section 12 of the Plantation Labour Act, 1951 imposes an obligation on the employer
to provide and maintain suitable rooms for the use of children of such women who
are below the age of 6 years in Plantation employing 50 or more
56
Planning Labour
women workers or where there are 20 or more children of women workers. However, Act, 1951
Sub-section (1-A) of the Section 12 empowers the State Government to direct the
employer of plantation employing less than 50 women workers or where there are
lees than 20 children of such women workers to maintain creches. Such rooms shall:
a) provide adequate accommodation;
b) be adequately lighted and ventilated;
c) be maintained in a clean and sanitary condition; and
d) be under the charge of a woman trained in the care of children and infants.

10.6.3 Recreational Facilities

The Plantation Labour Act, 1951 and the rules framed thereunder make it obligatory
on the employer to provide recreational facilities for indoor and outdoor games for
workers employers therein and for their children. (Section 13)

10.6.4 Educational Facilities

Section 14 of the Plantation Labour Act and the rules made therein prescribe the
standards of primary schools provided in plantation where there are more than 25
children between the ages of six and twelve years.

10.6.5 Housing Facilities

i) General

Section 15 of the Plantation Labour Act imposes a duty upon the employer to provide
and maintain necessary housing accommodation (i) to every worker (including his
family) residing in the plantation, and (ii) for every worker (including his family)
residing outside the plantation, who has put in six months of continuous service in
such plantation and who has expressed desire in writing to reside in the plantation.

ii) Liability of the employer to pay compensation

If death or injury is caused to any worker or member of his family as a result of the
collapse of a house provided under Section 15, and the collapse is not solely and
directly attributable to a fault on the part of any occupant of the house or to a natural
calamity, the employer shall be liable to pay compensation in accordance with the
provisions of Section 4 and Schedule IV of the Workman's Compensation Act, 1923.

The amount of compensation payable to a workman under that Act shall, as far as
possible, apply for the determination of the amount of compensation payable under
Sub-section (1). [Section 16A].

iii) Appointment of Commissioner

The Commissioner appointed by the State Government is empowered to determine

the amount of compensation payable under Section 16A and may define the limits
within each such Commissioner shall exercise the powers and discharge the functions
conferred or imposed on him by or under this Act (Section 16B).

iv) Application for compensation

An application for payment of compensation under Section 16 A may be made to the

Commissioner (i) by the person who has sustained the injury; or (ii) by any agent
duly authorised by the person who has sustained the injury; or (iii) where the person
who has sustained the injury is a minor, by his guardian; or (iv) where death has
resulted from collapse of the house, by any dependent of the deceased or by any
agent duly authorised by such dependent or, if such dependent is a minor, by his
guardian. Every application under Sub-section (I) shall be in such form and shall
contain such particulars as may be prescribed. 57
Law on Working
Conditions No application for compensation under this section shall be entertained unless it
made within six months of the collapse of the house. However the Commissioner i
satisfied that the applicant was prevented by sufficient. cause from making the
application within the aforesaid period of six months, may entertain such an
application within a further period of six months. (Section 16C).

The Commissioner, on receipt of an application under Section 16 C may make an

inquiry into the matters covered by the application. Also, the Commissioner may,
subject to any rules that may be made in this behalf, follow such summary
procedure as he thinks fit in determining the amount of compensation payable under
Section 16 A.

v) Procedure and powers of Commissioner

The Commissioner has all the powers of a Civil Court while trying a suit under tin
Code of Civil Procedure, 1908 in respect of the following matters, namely:

i) summoning and enforcing the attendance of any person and examining him on
oath;

ii) requiring the discovery and production of any document;

iii) receiving evidence on affidavits;

iv) requisitioning any public record or copy thereof from any court or office;

v) issuing commissions for the examination of witnesses or documents;

vi) any other matter which may be prescribed.

The Commissioner may, subject to any rules that may be made in this behalf, for the
purpose of determining any claim or compensation, choose one or more persons
possessing special knowledge of any matter relevant to the inquiry to assist him in
holding the inquiry.(Section 16D)

vi) Determination of liability

Under Section 16E (1) of the Act (i) any question as to the liability of an employer to
pay compensation under Section 16A, or as to the person to whom such
compensation is payable, shall be decided by the Commissioner; (ii) any person
aggrieved by a decision of the commissioner refusing to grant compensation, or as to
the amount of compensation granted to him, or to the apportionment thereof, may
prefer an appeal to the High Court having jurisdiction over the place where the
collapse of the house has occurred, within 90 days of the communication of the order
of the Commissioner to such appeal after the expiry of 90 days if it is satisfied that
the appellant was prevented by sufficient cause from preferring the appeal within
such period.

10.6.6 Welfare Officer

Section 18 of the Plantation Labour Act provides for the appointment of welfare
officers in plantations employing 300 or more workers. The State Government' may
also prescribe the duties and qualifications of such officers. Under Section 18A of
Kerala Act 25 of 1969 Chief Inspector is empowered to appoint required number of
welfare officers on default by employer after giving them opportunity of being heard.

58
Planning Labour
10.7 SAFETY PROVISIONS UNDER THE Act, 1951
PLANTATION LABOUR ACT, 1951
i) Notice of Accident

Section 32A imposes an obligation on the employer to send notice to the prescribed
authorities, in a prescribed form and within a prescribed period, in any plantation
where an accident occurs which causes death or any bodily injury to a worker by
reason of which the worker injured is prevented from working for a period of 48
hours or more immediately following the accident, or which is of such nature as may
be prescribed in this behalf.

ii) Register of Accidents

Section 32B imposes an obligation on the employer to maintain a register of all

accidents, which occur in the plantation in prescribed form and manner.

10.8 WORKING HOUR AND LIMITATION OF

EMPLOYMENT
10.8.1 Statutory Limitation on Weekly Hours

Section 19 of the Plantation Labour Act, 1951, limit the weekly hours of work of
adult workers to 48 in a weeks adolescent or child to twenty seven hours in a week.

10.8.2 Restriction for Women Workers

Section 25 of the Plantation Labour Act, 1951 prohibits the employment of women
and child workers except between 6 a.m. and 7 p.m. they will not apply to midwives
and nurses employed in any plantation.

10.8.3 Statutory Limitation on Continuous Work and Rest-intervals

Section 21 of the Plantation Labour Act, 1951, provide for half an hour rest-interval
after every five hours of work.

10.8.4 Exemptions

Section 42 of the Plantation Labour Act, 1951 empowers the State Government to
exempt any management from the conditions and restrictions imposed by the Act
with previous approval of the Central Government:

The State government may, be order in writing, exempt, subject to such conditions
and restrictions as it may think fit to impose, any employer or class of employers
from all or any of the provisions of this Act. However, no such exemption (other than
the exemption from Section 19). shall be granted except with the previous approval of
the Central Government.

10.8.5 Overtime

Under the Plantation Labour Act, 1951, where an adult worker works in any
plantation on any day in excess of the number of hours constituting a normal working
day or for more than 48 hours in any week, he shall be entitled to twice the rate of
ordinary wages for such overtime work. However, no such worker shall be allowed to
work for more than 9 hours on any day and more than 54 hours in any week. Further,
for any work done on any closed holiday in the plantation or on any day of rest, a
worker shall be entitled to twice the rates of ordinary wages as in the case of
overtime work.
59
Law on Working
Conditions 10.9 LEAVE WITH WAGES
10.9.1 Period of Leave

Under the Plantation Labour Act, 1951 an employee who has worked for 240 days or
more during a calendar year shall be entitled during the subsequent calendar year for
leave with wages at the rate of (i) I day for every 20 days of work done in case of an
adult worker, and (ii) I day for every 15 days of work performed in case of a child
worker.

10.9.2 Accumulation of Annual Leave

Under the Plantation Labour Act, annual leave, which is not availed of, can be
accumulated in the succeeding years up to 30 days in the case of adult workers and
40 days in the case of children. Railway employees are, however, allowed to carry
forward their leave up to 240 days throughout the entire service.

10.9.3 Holidays during Annual Leave

Holidays have been excluded whether occurring during or at either end of the period
of leave under the Plantation Labour Act, 1951. (Explanation 2 of Section 300j)

10.9.4 Wages during Leave Period

For the period of leave Plantation worker is allowed wages at the rate equal to the
daily average of his total full time wages during the preceding month excluding
overtime and bonus but including dearness allowance, money value of concessions
accruing in the form of supply of food-grains or other articles at a subsidiscd rate.
[Section 31(1).]

10.9.5 Advance Payment for Leave Period

A worker who works in a plantation is entitled to claim advance payment of wages

for the leave period if the period of such leave is not less than four days in case of
adults and not less than five days in case of children. [Section 31(2).]

10.9.6 Sickness and Maternity Benefits

Under Section 32 (1) every worker shall be entitled to obtain from his employer -

a) in the case of sickness certified by a qualified medical practitioner, sickness

allowance, and

b) if a woman, in the case of confinement or expected confinement, maternity

allowance, as such rate, for such period and at such intervals as may be
prescribed. On the enforcement of the Maternity Benefit Act, 1961 in a State in
relation to establishments in that State referred to in Section 1(3) there of,
Section 32 will stand amended as follows:

‘In Sub-section 1, the letter and brackets "(a) before the words" in case of
sickness "the word" and "after the words" sickness allowance" and clause (b) be
omitted’

The State Government is empowered to under Sub-section (2) of Section 32

make rules regulating the payment of sickness or maternity allowance and any
such rules may specify the circumstances in which such allowance shall not be
payable or shall cease to be payable, and in framing any rules under this section
the, State Government shall have due regard to the medical facilities, that may
60 be provided by the employer in any plantation.
Planning Labour
10.10 ADMINISTRATION AND ENFORCEMENT OF Act, 1951
THE ACT
10.10.1 Inspecting Staff

i) Appointment of Chief Inspector and other Inspector

For the enforcement of the Plantation Labour Act the State Government is
empowered to appoint for the State a duly qualified person to be the chief inspector
of Plantation and also duly qualified persons to be inspectors of Plantation
subordinate to the chief inspector.

The chief inspector may declare the local area or areas within which, or the
Plantation with respect to which, inspectors shall exercise their powers under this
Act, and may himself exercise the powers of an inspector within such limits.

ii) Status the Chief Inspector and Inspectors

All inspectors shall be deemed to be public servants within the meaning of the Indian
Penal Code.

iii) Powers of Inspectors

Under section 5 an inspector is empowered to exercise with in the local limits for
which he is appointed:
a) make such examination and inquiry as the thinks fit in order to ascertain whether
the provisions of this Act and of the rules made thereunder are being observed in
the case of any plantation;
b) with such assistants, if any, as he thinks fit, enter, inspect and examine any
plantation or part thereof at any reasonable time for the purpose of carrying out
the objects of this Act;
c) examine the crops grown in any plantation or any worker employed therein or
require the production of any register or other document maintained in
pursuance of this Act, and take on the spot or otherwise statements of any
person which he may consider necessary for carrying out the purposes of this
AN;
d) exercise such other powers as may be prescribed:
However that no person shall be compelled under this section to answer any
question or make any statement tending to incriminate himself.

iv) Duty of the Employer

Every employer shall afford the inspector all reasonable facilities for making any
entry; inspection, examination or inquiry under this Act.

10.10.2 Certifying Surgeons

i) Appointments

Section 6 empowers the State Government to appoint qualified medical practitioners

as. certifying surgeons in the purposes of the Act. These surgeons are appointed to
discharge duties within the local limits placed under their control or for such
plantation or class or description of Plantation as may be assigned to them.

ii) Duties of Certifying Surgeons

The certifying surgeons shall carry but such duties as. may be prescribed in 61
connection with:
Law on Working
Conditions a) the examination and certification of workers;

b) the exercising of such medical supervision for any factory or class or description
of factories where adolescent and children are about to be employed in any
work, which is likely to cause injury to their health. [Section 10 (4)]

10.10.3 Penalties for Offences

The Plantation Labour Act, 1951 provides for the punishment of imprisonment for a
term which may extend to three months or a fine of Rs. 500 or both to the persons
contravening the provisions of the Act. The Act also prescribes enhanced penalty for
the continued offence. But where an employer is convicted of an offence punishable
under Section 36, the Court may, in addition to awarding any punishment, by order in
writing, require him within such period as may be specified in the order which the
Court may, if it thinks fit and on an application made in this behalf by the employer,
from time to time, extend to take such measures as may be specified for remedying
the matters for which the offence was committed. However, where such order is
made the employer shall not be liable under this Act in respect of the continuation of
the offence during the period or extended period, as the case may be, specified by the
Court, but if, on the expiry of such period or extended period, the order of the Court
has not been fully complied with, the employer shall be deemed to have committed a
further offence and he shall, on conviction, be punishable with imprisonment for a
term which may extend to six months and with fine which may extend to three
hundred rupees for every day after such expiry.

10.11 SELF-ASSESSMENT TEST

1. What do you understand by plantation to which the Plantations Labour Act
would be applicable?

2. Is it necessary to get the Plantation registered under the Plantation Labour Act?
If so state the procedure.

3. What are the provisions relating to health in the plantations?

4. State the provisions for recreational, educational and housing facilities for
workers in the plantation?

62
Contract Labour
(Regulation And
UNIT 11 CONTRACT LABOUR (REGULATION Abolition)
Act, 1986
AND ABOLITION) ACT, 1986
Objectives
After reading this unit, you should be able to:
• appreciate the need to regulate the working conditions of contract labour and
abolish the system of contract labour in certain circumstances
• develop an understanding of the concept of contract labour, contractor, principal
employer and workman
• to know about the constitutional prohibition
• to understand the regulation provided under the Act
• to appreciate the role of judiciary to protect the interest of contract labour.
Structure
11.1 Introduction
11.2 Constitutional Prohibition
11.3 Concepts and Definitions
11.4 Object of the Act
11.5 Scope and Application of the Act
11.6 Registration of Establishment Employing Contract Labour
11.6.1 Revocation of Registration
11.6.2 Effect of Non-registration
11.7 Licencing
11.7.1 Licencing of Contractors
11.7.2 Grant of Licence
11.7.3 Revocation, Suspension and Amendment of Licence
11.7.4 Appeal in cases of registration and licence
11.8 Prohibition of Employment of Contract Labour
11.9 Advisory Boards
11.10 Obligation to Provide Certain Amenities to Workers
11.11 Obligations of Principal Employers Regarding Payment of Wages
11.12 Prohibition Regarding Employment of Female Workers during Certain Hours
11.13 Duty to Maintain Prescribed Registers and Records
11.14 Power to Remove Difficulties
11.15 Enforcement
11.15.1 Penalty
11.15.2 Inspectors
11.15.3 Exemption
11.16 Self-Assessment Test

11.1 INTRODUCTION
Contract labour is one of the most exploited sections of human labour. A good
number of contract labourers are employed in selected industries. Occupations in
which they are employed vary from that of purely unskilled employment such as
loader, cleaner sweeper and Khalasi to that of skilled employment such as polisher,
turner, gas cutter and rivetter in oil distribution, and driller, blaster, blacksmith,
carpenter and fitter. Apart from these, there are certain regular processes such as
nickel polishing and electroplating in engineering establishments, dyeing, bleaching
63
Law on Working
Conditions and printing in some units in textiles and designing and raising work in almost all
carpet manufacturing units where contract labour is common.

For several years contract labour has been paid low wages, employed for longer
hours of work and on sub-contract basis, placed in unhealthy working conditions and
denied benefits and facilities equal to their counterparts who are employed under
regular employment. Further, there is no security of tenure. Instances are not lacking
where contract labour has been victimised. Moreover, contract labourers are
generally not entitled to other benefits and amenities such as provident fund, gratuity,
bonus, privilege leave, medical facilities, subsidised food and housing to which the
regular workman of the company are entitled. Thus, there is wide disparity in
emoluments and working, conditions between contract labour and direct labour and
he is not treated at par with direct labour. Even in cases where the work was of a
permanent nature, contract system was introduced to deny the workman's rights and
benefits, which the industry gave to its directly recruited workers.

Several factors may be accounted for the continuance and growth of contract labour
system. First, contract labour was unorganised and unable to look after its own
interest. Second, persons who could spare time in their own houses but could not
move out for employment got jobs and were able to supplement their income from
different sources. They were in a position to work as and when leisure was available
and unlike factory workers there was no rigor, of attending the factory or the
establishment at stated time and for stated period. Third, the advantages to the
employer in employing contract labour are:
i) Production at lower cost;
ii) Engaging labour without giving them fringe benefits such as leave wages,
benefits under the Employees' State Insurance Act or provident fund
contribution and among others bonus;
iii) General reduction of the overhead cost and the administrative burden of
maintaining an establishment; and
iv) The sheer economics of farming out contracts for manufacture of certain
components rather than investing capital and installing plants for their
manufacture.
Things have undergone a change since some time. During the post-Independence
period, several statutory and non-statutory measures have been adopted to regulate
and improve the conditions of contract labour. The problem of contract labour has
often figured as a matter of dispute before tribunals and courts, which have taken
pragmatic consideration into account in matters like regulation of contract labour. In
certain cases contract labour has been abolished. The Contract Labour (Regulation
and Abolition) Act, has not only endorsed the judicial thinking but have taken
effective measures to regulate the employment of contract labour.

11.2 CONSTITUTIONAL PROHIBITION

Article 21 of the. constitution lays down that no person shall be deprived of his life
and personal liberty except according to the procedure established by law.

In People' Union for Democratic Rights v. Union of India, ((1982)2 LL.J 454) the
Supreme Court had to decide, inter cilia, whether the violation of the provision's of
the Contract Labour (Regulation and Abolition) Act, 1970 are also violation of
Article 21 of the Constitution. The Supreme Court answered the question in the
affirmative and observed:

Now the rights and benefits conferred on the workman employed by a contractor
under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970
and the Inter-State Migrant Workman (Regulation of Employment and Conditions of
64 Service) Act, 1979 are clearly intended to ensure basic human dignity to the
Contract Labour
workman are deprived or any or these rights and benefits to which they are entitled (Regulation And
under the provisions of these two pieces of social welfare legislation, that would Abolition)
clearly be a violation of Article 21 (of the Constitution) by the Union of India, the Act, 1986
Delhi Administration and the Delhi Development Authority which, as principal
employers, are made statutorily responsible for securing such rights and benefits to
the workman.

In Bandhua Mukti Morcha v. Union of India, AIR 1984 SC. 802 the Supreme Court
once again deprecated callousness of the Central Government as well as the State
Government of Haryana to enforce the provisions of this Act. The Court accordingly
issued necessary directions for immediate relief of the poor and unfortunate
workmen.

11.3 CONCEPTS AND DEFINITIONS

i) Contract Labour

Under Section 2(2)(b) of the Contract Labour (Regulati6n an Abolition) Act, 1970, `a
workman shall be deemed to be employed as "contract labour" in or in connection
with the work of an establishment when he is hired in or in connection with such
work by or through a contractor, with or without the knowledge of the principal
employer'.
Broadly speaking, therefore, contract labour are persons Q employed or engaged; (ii)
in or in connection with the work, of any establishment or manufacturing process;
(iii) through contractor. If these conditions are satisfied, it is immaterial whether the
workman was employed with or without the consent of the principal employer.
ii) Contractor
Section 2(c) defines "contractor" in relation to establishment to mean:
“a- person who undertakes to produce a given result for the establishment, other than-
a mere supply of goods or articles of manufacture to such establishment, through
contract labour or who supplies contract labour for any work of the establishment and
includes a sub-contractor. (i) any office or department of the Government or (ii) any
place where any industry,, trade, business, manufacture or occupation is carried on".
iii) Principal Employer

Section 2(g) defines "principal employer" to mean

i) in relation to any office or department of the Government or a local authority,
the head of that office or department or such other officer as the government or
the local authority, as the case may be, may specify in this behalf,
ii) in a factory, the owner or occupier of the factory and where a person .has been
named as the manager of the factory under the Factories Act, 1948, the person
so named,
iii) in a mine, the owner or agent of the mine and where a person has been named as
the manager of the mine, the person so named,
iv) in any other establishment, any person responsible for the supervision and
control of the establishment.
iv) Workmen

Section 2 (i) defines `workmen' to mean:

any person employed in or in connection with the work of any establishment to do

any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work
for hire or reward, whether the terms of employment be express or implied but does
not include any such person. (a) who is employed mainly in a managerial or
65
Law on Working
Conditions administrative capacity; or (b) who, being employed in a supervisory capacity draws
wages exceeding five hundred rupees per mensem or exercises, either by the nature
of the duties attached to the office or by reason of the powers vested in him, functions
mainly of a managerial nature; or (c) who is an out-worker, that is to say, a person to
whom any articles or materials are given out by or on behalf of the principal
employer to be made up, cleaned, washed, altered, ornamented, finished, repaired,
adapted or otherwise processed for sale for the purposes of the trade or business of
the principal employer and the process is to be carried out either in the home of the
out-worker or in some other premises, not being premises under the control and
management, of the principal employer.

11.4 OBJECTIVE OF THE ACT

The objective of the Act is to regulate the employment of contract labour in certain
establishments and to provide for its abolition in certain circumstances.

11.5 SCOPE AND APPLICATION OF THE ACT

As the title itself indicates, the Act does not provide for the total abolition of contract
labour, but only for its abolition in certain circumstances, and for the regulation of
the employment of contract labour in certain establishments. Apart from abolishing
contract labour in certain cases, the Contract Labour (Regulation and Abolition) Act
also regulates the working conditions of contract labourers.

The Act applies to (a) every establishment wherein 20 or more workmen are
employed or were employed on any day in preceding 12 months as contract labour
[Section 1(4) (a)] and (b) every contractor who employs or employed 20 or more
workmen or any day of the preceding 12 months. [Section 1(4)(6)]. Under the Act the
appropriate Government is. empowered to extend the application of the Act to any
establishment or contractor employing less than 20 workmen after giving two
month's notice. [Proviso to Section 1(4)]. The Act is, however, not applicable to
establishments of intermittent or casual nature. [Section 1(5)], The Act is also
applicable where the dispute relates to service conditions of the workman engaged in
the factory canteen maintained by the company.

11.6 REGISTRATION OF ESTABLISHMENT

EMPLOYING CONTRACT LABOUR
The Act empowers the appropriate Governments to appoint registering officers with
whom every principal employer, or an establishment to which this Act applies, has
registered the establishment in the prescribed manner.
Under Section (7) every principal employer of an establishment to which this Act
applies shall, within the prescribed period, make an application to the registering
officer in the prescribed manner for registration of the establishment. However, the
registering officer may entertain any such application for registration after the expiry
of the period fixed in this behalf, if he is satisfied that the applicant was prevented by
sufficient cause from making the application in time. If the application for
registration is complete in all respects, the registering officer shall register the
establishment and issue to the principal employer of the establishment a certificate of
registration containing the prescribed particulars.

11.6.1 Revocation of Registration

Where the registration of any establishment has been obtained by misrepresentation

or suppression of any material fact, or that for any other reason the registration has
become useless or ineffective and, therefore, requires to be revoked the registering
officer may, after giving an opportunity to the principal employer of the
66 establishment to be heard and with the previous approval of the appropriate
Government, revoke the registration.
Contract Labour
11.6.2 Effect of non-registration (Regulation And
Abolition)
Section 9 spells out the effect of non-registration. It provides that no principal employer Act, 1986
of an establishment, to which his Act applies, can employ contract labour if:

a) he has not obtained the certificate of registration; or

b) a certificate has been revoked after being issued.

11.7 LICENCING
Section 11 authorises the appropriate Government to

i) appoint such persons, being Gazetted Officers of Government, as it thinks fit, to

be licencing officers for the purposes of this Chapter; and

ii) define the limits, within which a licensing officer shall exercises the power
conferred on licencing officers by or under this Act.

11.7.1 Licencing of Contractors

Section 12 provides that no contractor shall undertake or execute any work through
contract labour except under and in accordance with a licence issued in that behalf by
the licensing officer.

The Licence may contain such conditions including, in particular, conditions as to

hours of work, fixation of wages and other essential amenities in respect of contract
labour as the appropriate Government ,may deem fit to impose in accordance with
the rules, framed under the Act.

11.7.2 Grant of Licence

Under-Section 13, every application for the grant of a licence shall be made in the
prescribed form and shall contain particulars regarding the location of the
establishment, the nature of process, operation or work for which contract labour is to
be employed and such other particulars as may be prescribed.

11.7.3 Revocation, Suspension and Amendment of Licence

Under Section 14, if the licencing officer is satisfied, either on a reference made to
him in this behalf or otherwise, that

a licence granted has been obtained by misrepresentation or suppression of any

material fact, or the holder of a licence has, without reasonable cause, failed to
comply with the conditions subject to which the license has been granted or has
contravened any provisions of this Act or rules made thereunder, then, without
prejudice to any other penalty to which the holder of the licence may be liable under
this Act, the licencing officer may, after giving the holder of the licence an
opportunity of showing cause, revoke or suspend the license or forfeit the sum if any
or any portion thereof deposited as security for the due performance of the conditions
subject to which the licence has been granted.

11.7.4 Appeal in cases of registration and Licence

Under Section 15, any person aggrieved by an orders relating to grant of registration
to establishments revocation of registration and revocation suspension of licences
within 30 days from the date on which the order is communicated to him, prefer an
appeal to an appellate officer who shall be a person nominated in this behalf by the
appropriate Government. The Appellate officer shall after giving the appellant an
opportunity of being heard dispose the appeal as expeditiously as possible. 67
Law on Working
Conditions 11.8 PROHIBITION OF EMPLOYMENT OF
CONTRACT LABOUR
Section 10(1) empowers the appropriate Government (after consultation with the
Central Board or State Board, as the case may be) to prohibit, by notification in the
official Gazette, employment of contract labour in any process operation or other
work in any establishment. However, under Section 10(2), before issuing any
notification in relation to any establishment, the appropriate Government is required
to take into account the conditions of work and benefits provided for contract labour
in that establishment and other relevant factors, such as (i) whether the process,
operation or other work is incidental to, or necessary for the industry, trade, business,
manufacture or occupation that is carried on in the establishment; (ii) whether it is of
perennial nature, that is to say, it is of sufficient duration having regard to the nature
of industry, trade, business, manufacture or occupation carried on in that
establishment; (iii) whether it is done ordinarily through regular workmen in the
establishment or an establishment similar thereto; (iv) whether it is sufficient to
employ considerable number of whole time workmen. The explanation to Section
10(2), which relates to clause (b), provides that if a question arises as to whether any
process or operation or other work is of perennial nature, the decision of the
appropriate Government shall be final.

From the above it is evident that on abolition of such contract labour altogether by
the appropriate Government it is not obligatory on the part of principal employer to
absorb the contract labour.

In Air India Statutory Corporation v. United Labour Union, 1997 Lab.I.C.365(S.C)

the Supreme Court played a creative role by holding that " the moment the contract
labour system stands prohibited under Section 10 (1) the embargo to continue as a
contract labour is put an end to and direct relationship has been provided between the
workmen and the principal employer. Thereby, the principal employer directly
becomes responsible for taking the service of the workmen hitherto regulated through
the contractor."

11.9 ADVISORY BOARDS

The Central Government under Section 3 is required to set up the Central Advisory
Contract Labour Board on matters relating to administration of the Act as may be
referred to it. It shall also discharge such other functions as may be assigned to it
under the Act. The Central Board shall consist of (i) a Chairman to be appointed by
the Central Government; (ii) the Chief Labour Commissioner (Central), ex
officio;(iii) such number of members, not exceeding 17 but not less than 11, as the
Central Government, the Railways, the coal industry; the contractors, the workmen
and any other interests which, in the opinion of the Central Government, ought to be
represented on the Central Board. The number of persons to be appointed as
members from each of the specified categories, the term of office and other
conditions of service of, the procedure to be followed in the discharge of their
functions by, and the manner of filling vacancies among, the members of members
the Central Board shall be such as may be prescribed. However, the number of
member nominated to represent the workmen shall not be less than the number of
members nominated to represent the principal employers and the contractors.
Similarly, the State Government is also required set up Boards to advise the State
Government on matters relating to administration of the Act. The Statc-,Board shall
consist of (i) a Chairman to be appointed by the State Government; (ii) the Labour
Commissioner, ex officio, or in his absence any other officer nominated by State
Government in that behalf, and (iii) such number of members, not exceeding 11 but
not less than 9, as the State Government may nominate to represent that Government,
the industry, the contractors, the workmen and any other interests which, in the
68 opinion of the State Government, ought to be represented on the State Board. [(See
Gammon India Ltd. a Union, (1974) ISCC. 596)]
Contract Labour
The Central Board or the State Board may also constitute committees. The (Regulation And
Committee constituted under sub-section (1) shall meet at such times and places and Abolition)
shall observe such rules or procedure regarding the transaction of business at its Act, 1986
meetings as may be prescribed. The members of the Committee shall be paid such
fees and allowances for attending its meetings as may be prescribed. However, no
fees shall be payable to a member who is an officer of the Government or of any
corporation established by any law for the time being in force.

11.10 OBLIGATION TO PROVIDE CERTAIN

AMENITIES TO WORKERS
Sections 16,17,18 and 19 of the Act and the Rules made thereunder impose an
obligations on an employer to provide certain amenities for ensuring the health and
welfare of the contract labour. The amenities that are required to be provided to the
contract labour are given below:
i) Canteens
In every establishment where work requiring employment of contract laborer is likely
to continue for six months and wherein contract labour numbering one hundred or
more is ordinarily employed by a contractor, one or more canteens have to be
provided by the contractor for use of the contract labourers employed by him. Such a
canteen or canteens should be provided within sixty days of the date of
commencement of employment of contract labour. In case, such a contractor fails to
provide a canteen within the aforesaid period then the same shall be provided and
maintained by the principal employer in an efficient manner. The canteen so provided
should have a dining hall, kitchen, store-room, pantry and washing places for
workers; sufficient light, smooth and clean floors and lime washed kitchen walls. The
dining hall must accommodate thirty per cent of the labourers at a time.
ii) Rest Room
It is obligatory on the contractors to provide rest room or other suitable
accommodation at every place, where contract labour is required to halt at night in
connection with the work of an establishment and in which employment of contract
labour is likely to continue for three months or more. The Act further requires
making provision, of the following in the rest rooms?
i) separate rest room to be provided for female employees;
ii) such rest room have adequate ventilation and light, protection against heat,
wind, rain and smooth, hard and impervious floor surface and supply of clean
drinking water.
In case, any contractor fails to provide the above amenities within the stipulated
time then the same are to be provided by the principal employer, However, the
principal employer is authorised to recover such expenses from the contractor.
iii) Drinking water and other facilities
It is the duty of every contractor employing contract labour in connection with the
work of an establishment to provide and maintain, (a) a sufficient_ supply of
wholesome drinking water for the contract labour at convenient places; (b) a
sufficient number of latrines and urinals of the prescribed types so situated as to be
convenient and accessible to the contract labour in the establishment; and (c) washing
facilities.
iv) First-aid Facilities
Under Section 19 of the Act and the rules made thereunder, it is obligatory on the
part of a contractor and on his failure on the part of the principal employer to provide
and maintain a first-aid-box so as to be readily accessible during all working hours at
everyplace where contract labour is employed; 69
Law on Working
Conditions v) Creches Conditions

In every establishment where twenty or more women are ordinarily employed as

contract labour, there shall be provided. two rooms of reasonable dimensions for the
use of their children under the age of-six years, one of which for use as a play room
and the other as bedroom for the children. Apart from the above, the, Act also enjoins
upon the contractor to provide adequate number of toys and games in the playroom
and sufficient number of cots and bedding in the sleeping room.

11.11 OBLIGATIONS OF PRINCIPAL EMPLOYERS

REGARDING PAYMENT OF WAGES
It is obligatory on the principal-employer to see that the wages of the workers are
paid every month on a fixed date and time and on termination of their employment
payment of wages must be made before the expiry of the second working day from
the day on which their employment is terminated. Making payment of wages on a
working day at the site is also obligatory. If the work is completed before the expiry
of the wage period, final payment should be made within forty-eight hours of the last
working day. The payment should be made directly to the worker or to a person
authorised to ensure the presence of his authorised representative to supervise the
payment of wages by the contractor to workmen and it is also the duty of the
contractor to ensure the payment of wages in the presence of the authorised
representative of the principal employer, who must certify at the end of the entries
that the amount shown in such and such column has been paid to the workmen
concerned in has presence on such and such date and at such and such time. It is also
be responsibility of the principal employer to make payment of the wages in case the
contractor fails to do so within the prescribed period or makes. short payment. The
principal-employer, is, however, at liberty to recover the same from the contractor.

11.12 PROHIBITION REGARDING EMPLOYMENT OF

FEMALE WORKERS DURING CERTAIN BURS
The employment of female contract labourer, excepting the women employed in
pithead baths, crèches, canteens,, nurses and midwives,, is prohibited before 6 a.m.
and after 7 p.m.

11.13 DUTY TO MAINTAIN PRESCRIBED REGISTERS

AND RECORDS
Section 29 of the Act enjoins upon every principal employer and every, contractor; to
maintain the registers and records giving prescribed particular of contract labour
employed, the nature of work performed by the contract labour, the rates of wages
paid to the contract labour and such other particulars in the prescribed form and to
keep them exhibited in the prescribed manner within the premises of the
establishment where the contract labour is employed.

11.14 POWER TO REMOVE DIFFICULTIES

Section 34 provides:

If any difficulty arises in giving effect. to, the provisions of this Act, the Central
Government may by order published in the Official Gazette, make such provisions

70
Contract Labour
not inconsistent with the provisions of this Act, as appears to it to be necessary or (Regulation And
expedient for removing the difficulty. Abolition)
Act, 1986
11.15 ENFORCEMENT
11.15.1 Penalty

Under Section 23, whosoever contravenes (i) any provisions of the Act or of any
rules made thereunder prohibiting, restricting or regulating the employment of
contract labour, or (ii) any condition of a licence granted under the Act is liable to be
punished with an imprisonment for a term which may extend to 3 months or with a
fine which may extend to Rs 1,000 or both. This section necessarily implies that the
contravention must be done willfully or intentionally! [S.B. Deshmukh v. State, 1981
Lab I.C. 204 (H.C. Bombay)) Further, under Section 24, a person who contravenes
any other provisions of the Act or rules made thereunder for which no. other penalty
is elsewhere provided, he shall be punishable with imprisonment for a term which
may extend to 3 months or with a fine of Rs. 4000/- or with both.

11.15.2 inspectors

For the enforcement of the Act, the appropriate .Government have been authorised to
appoint qualified inspectors for the locality assigned to them by the government. The
inspector is empowered to enter any premises or place-where contract labour is
employed for examining any register or record or notices required under the Act or
rules` made thereunder. He may also require the production of these documents by
the persons concerned.

The inspector is also empowered to examine any person whom he finds in such
premises or place and who, he has a reason to> believe to be workmen employed
therein. Further, the inspector may collect information from any person going out and
any workmen in respect of the person to and from whom the work is given out or
received and also with respect to payment to be made for the work. _Moreover, the
inspector is empowered to seize or take copies of relevant registers, record of wages
or notices, etc. He may also exercise such other powers as may be prescribed for
carrying out the purposes of the Act.

11.15.3 Exemption

According to Section 31 of the Act the appropriate Govt. may in the case of an
emergency, direct by notification in the official gazette that subject to such conditions
and restrictions, if any, and for such period or periods as may be specified in the
notification, all or any of the provisions of this Act or the rules made thereunder shall
not apply to any establishment or class of establishment or class of contractors.

11.16 SELF-ASSESSMENT TEST

1. Describe the procedure for registration of establishment employing contract;
labour. What is the effect of non-registration?

2. Is it necessary for the contractor to obtain license?

3. What are the obligations of the contractor to provide amenities? Is it necessary

for the principle employer to provide for these amenities on failure of the
contractor to provide for the required amenities?

71
Law on Working
Conditions
UNIT 12 CHILD LABOUR (PROHIBITION
AND REGULATION) ACT, 1986
Objectives

After reading this unit, you should be able to:

• appreciate why child labour exists
• identify the need to prohibit the employment of children in certain
establishments under the Constitution of India
• state the efforts made at the international levels to eradicate child labour
• explain and evaluate the prohibitions and regulations contained in the Child
Labour (Prohibition and Regulation) Act, 1946.
Structure
12.1 Introduction
12.2 Efforts made at International Level
12.3 National Child Labour Policy
12.4 Constitutional Prohibitions
12.5 Prohibition and Regulation of Child Labour under 1986-Act
12.5.1 Objective and Scope
12.5.2 Definitions
12.5.3 Prohibition of Employment of Children in Certain Occupations and
Processes
12.5.4 Power to Amend the Schedule
12.5.5 Child Labour Technical Advisory Committee
12.5.6 Working Hours of Child Labour and its Regulation
12.5.7 Weekly Holidays
12.5.8 Notice to Inspector
12.5.9 Dispute as to Age
12.5.10 Maintenance of Register of Child Workers
12.5.11 Display of Notice Containing Abstract of Section 3 and 14
12.5.12 Health and Safety
12.5.13 Enforcement
12.5.14 Modified Application of Certain Laws in Relation to Penalties
12.5.15 Procedure Relating to Offences
12.5.16 Power to Make Rules
12.6 Self-Assessment Test

12.1 INTRODUCTION
The evil of employment of children in agriculture and industrial sectors in India is a
product of economic, social, and among others, inadequate legislative measures.
Social evils involved in the employment of children are widespread illiteracy
resulting in lack of development of child's personality (which may continue even in
his adult life), negligence and indifference of the society towards the question of
child labour, There is also lack of proper appreciation on the part of parents as to how
continuance of children in education would benefit their employment prospects and
improve their standard of living. The economic problems involved in the
employment of children are in no way less significant. The poverty resulting in
inadequate family income and the desire to supplement it compelled children to
work, Indeed, the parents of low-income groups, like artisans, cannot afford to
educate their wards even if education is free, For them an uneducated child is an
asset, desire to be educated becomes a double liability because of (i) loss of earning if
72 the child did not work, and (ii) expenditure on education, howsoever small.
Child Labour
Thus, the economic evils have not only deprived children at work from education but (Prohibition And
also led to high infant mortality, morbidity and malnutrition, particularly in the Regulation) Act, 1986
weaker sections of society in urban areas. The indifference of the legislature to
provide adequate legislation to regulate the employment of children has been
instrumental in the failure to minimise the growth of child labour.

12.2 EFFORTS MADE AT INTERNATIONAL LEVEL

The concern to protect the child at the international level for the special care and
attention is manifest by Geneva Convention of the Right of the Child, 1924, the
Universal Declaration of Human Rights, 1948 and the two covenants relating to
Human Rights-i.e. the International Convention on Civil and political Rights
(Articles 23 and 24) and the International Convention on Economic, Social and
Cultural Rights (Art. 10). Both of those Conventions were adopted in 1966 and both
of which came into force in 1976.

However, the first specific Declaration of the Right of the child was adopted by the
General Assembly of the U.N on November 20, 1959. It categorically stated: -

(1) The child shall enjoy and shall be entitled to the rights set forth in these principles
without any distinction or discrimination. (2) It also ensures special protection and
facilities for proper and integrated development of human personality. (3) The child
shall be entitled from his birth to a name and nationality. (4) Special care and
protection shall be provided to the child and his mother so that the child can grow
and develop in health. For this purpose he shall have right to adequate nutrition,
housing, recreation and medical services. (5) A child handicapped in any manner
deserves special treatment, education and care suiting to his condition. (6) For proper
development of his personality a child shall be ensured of love, atmosphere of
affection and material security. (7) The child shall also be entitled to free and
compulsory education to promote his general culture and enable him to develop his
abilities on a basis of equal opportunity. (8) The child shall in all circumstances be
among the first to receive protection and relief. (9) He shall be protected against all
forms of neglect, cruelty and exploitation. He shall not be subjected to traffic in any
form and shall not be admitted to employment before an appropriate age. He shall not
be engaged in any employment, which would prejudice his health or education or
interfere with his physical, mental or moral development. (10) The child shall also be
protected from practices, which may foster racial, religious and any other form of
discrimination.

Further the child shall not be admitted to employment before an appropriate

minimum age:

Another milestone in this direction was made in 1989 when the U.N. Convention on
the Right to child, was unanimously adopted on November 30,1989. It comes into
force on September 1990 when it was ratified by 30 nations. Some of the main points
of the convention are-
1. The convention defines a `child' as "every human being below the age of 18
years."
2. Every child has the inherent right to life, to a name, to acquire a nationality and,
"as for as possible, the right to know and be cared for by his or her parents".
3. Children shall have the right to freedom of expression, thought, conscience and
religion, association and peaceful assembly, education, rest and leisure, social
security, the highest attainable standard of health" and a standard of living
"adequate for his or her physical, mental, spiritual, moral and social
development".
4. Children shall not be separated from their parents against their will. States parties
will respect the responsibilities, rights and duties of parents, deal with family 73
reunification "in a positive human and expeditious manner", and combat the illicit
transfer and non-return of children abroad.
Law on Working
Conditions 5. Children shall be protected from economic exploitation and from hazardous
work, drug use and trafficking, sexual exploitation and sexual abuse, and "all
other forms of exploitation prejudicial to any aspects of the child welfare".

6. A minority or indigenous child shall not be denied the right to his or her own
culture, religion or language.

7. A mentally or physically disabled child should enjoy a full and decent life.

8. A child who is capable of forming his or her own views should have the right to
express those views freely in all matters affecting the child, including any
judicial and administrative proceedings.

9. No child shall be subjected to torture or other cruel, inhuman or degrading

treatment or punishment. Capital Punishment or life imprisonment shall not be
enforced for offences committed by persons under 18 years.

10. State Parties will establish "a minimum age below which children shall be
presumed not to have the capacity to infringe the penal law".

11. States Parties shall take "all feasible measures" so that children under. 15 "do not
take direct part in hostilities" and "shall refrain from recruiting" them into their
armed forces.

12. The best interest of the child shall be "the paramount consideration" for adoption.

12.3 NATIONAL CHILD LABOUR. POLICY

Keeping in view the fact that legislation alone would not be sufficient to tackle the
problems of child labour, the Central Government announced-the National Policy on
Child Labour in August, 1987. The action plan under this Policy is three-fold:
a) Legislative Action Plan
b) Focussing of general' development programmes for benefiting child labour
wherever possible; and
c) Project-based plan of Action in areas of high concentration of child labour:
Under the legislative action plan, emphasis is being laid on strict and effective
enforcement of the laws pertaining to ;child labour, particularly Child Labour
(Prohibition & Regulation) Act and the Factories Act. Under the focussing of general
development programmes, various national development programmes such as
Integrated Rural Development Programme (IRDP), the Self-employment
Programmes for the under poor (SEPUP), programmes of Non-formal and formal
education. etc. are to be utilised to create socio-economic conditions in which
compulsions to send children to work will diminish and the children are encouraged
to attend schools rather than take wage employments.

12.4 CONSTITUTIONAL PROHIBITIONS

The Indian Constitution, inter alia, seeks to protect the interests of children through
fundamental rights and the Directive Principles of State policy. Article 15(3) gives
special treatment to children:

Nothing in Article 15 shall prevent the State from making any special provision for
women and children.

Article 23 guarantees the right against exploitation. It declares: (i) Traffic in human
beings and other similar forms of f6rced labour are prohibited, and any contravention'
of this provision shall be an offence punishable in accordance with law. Further,
74 Article 24 of the Constitution prohibits the employment of children
Child Labour
below certain age limit. It lays down that “no child below the age of 14 years shall be (Prohibition And
employed to work in factory or mine or in any other hazardous employment. Article Regulation) Act, 1986
45 provides that "the state shall endeavour to provide, within a period of ten years
from the commencement of the constitution, for free and compulsory education for
all children until they complete the age of fourteen years. In People's Union for
Democratic Rights v. Union of India, A.I.R. 1982 S.C. 1473 the Supreme Court ruled
that Article 24 is enforceable against everyone and by reason of its compulsive
mandate and no one can employ a child below 14 years in a hazardous employment”

The aforesaid view was reiterated in Salal Hydro Project v. state of Jammu &
Kashmir, A.I.R. 1984 S.C. 177. In this case the Supreme Court held that construction
work being hazardous employment, no children below 14 years can be employed in
such work because of constitutional prohibition contained in Article 24. The same
year in Lakshmi Kant v Union of India, A.I.R. 1984 S.C. 463, the Supreme Court
ruled that the purpose of giving Indian children for adoption by foreign parents
primarily must be to their own welfare.

M.C Mehta v. State of T.N. is a landmark ruling in which the Supreme Court has gone
deep into the magnitude of the problem of child labour in India which continue to
exist despite various constitutional mandates and international commitments for
abolishing it. In this case the petitioner initially brought to the notice of the court the
problem of child labour existing in Sivakasi. But the Supreme Court considered it fit
to travel beyond the confines of Sivakasi to which place the present petition initially
related and dealt with the issue in wider spectrum and broader perspective taking it as
a national problem and not appertaining to any one region of the country. Hansaria d
speaking for 'the court addressed the problem "as to `how we can, and are required to,
tackle the problem of child labour, solution of which is necessary to build a better
India". The court held that in view the constitutional mandate of article 24, children
below the age of 14 years cannot be employed in any factory of mine or other
hazardous work and that they must be, given education as mandated by article 45 of
the Constitution and interpreted in Unni Krishnan. 3 The court stressed that
employers must comply with the provisions of Child Labour (Prohibition and
Regulation) Act, 1986 and in case they employ children in contravention of the
provision of the said Act, they would be liable to pay compensation of Rs. 20,000/-
for every child employed. It further directed that government must either provide job
to an adult member of the' family in lieu of the child belonging to that family who
had been employed in any factory, mine or other hazardous work or it must deposit
Rs. 50001- for each child.. This sum of Rs.' 25,000 (e.e., Rs. 20,000/- + Rs. 50001-)
was required to be deposited in a fund to be known as "Child Labour Rehabilitation-
Cum Welfare Fund". The fund so generated shall form the corpus whose income is to
be used only for the child concerned. However, employment given or payment made
would cease to be operative if the parent/guardian fails to send the child for
education. The court also pointed out that the labour inspector appointed under
section 17 of the Act, must. ensure compliance with the provisions of the Act. Insofar
as the non-hazardous jobs are concerned, the inspector shall have to see that the
working hours of the child are not more than four to six hours a day and it receives
education at least for two hours each day and the cost of education is borne by the
employer. The court also directed the government to complete the survey of the child
labour within six months from the date of the decision in the case (i.e. 10th
December, 1996).

Quite apart from these fundamental rights, Part IV of the Constitution seeks to
provide that the health and strength of workers - both men and women and the tender
age of children are not to be abused and that citizen are not forced by economic
necessity to enter a vocation unsuited to their age and strength [Article 39(e)].
Further, Article 39(f) provides that:

Children are given opportunities and facilities to develop in a healthy manner in

conditions of freedom and dignity and that childhood- and youth are protected 75
against exploitation and against moral and material abandonment.
Law on Working
Conditions 12.5 PROHIBITION AND REGULATION OF CHILD
LABOUR UNDER 1986-ACT
12.5.1 Objective and Scope

There are a number of enactments, which prohibit the employment of children below
14 years of age in certain specified employments. However, there is no procedure
laid down in any law for deciding in which employments, occupations c processes
the employment of children should be banned, There is also no law to regulate the
working conditions of children in most of the employments where the are not
prohibited from working and are working under exploitative conditions. Therefore
the Child Labour (Prohibition and Regulation) Act, 1986 has been enact, to prohibit
the engagement of children in certain employments and to regulate the conditions of
work of children in certain other employments. This Act seeks to achieve the
following objectives

i) To ban the employment of children,_ i.e., those who have not completed their
fourteenth year, in specified occupations and processes;

ii) To lay down a procedure to decide modifications to the Schedule of banned

occupations or processes;

iii) To regulate the conditions of work of children in employments where they are
not prohibited from working;

iv) To lay down enhanced penalties for employment of children in violation of

provisions of this Act, and other Acts which forbid the employment of children;

v) To obtain uniformity in the definition of "child" in the related laws.

In view of Sub-section (2) of Section 1 this Act extends to the whole of India. Section
1(3) provides that the provisions of this Act other than Part III, shall come into force
at once, and Part III shall come into force on such date is the Central Government
may, by notification in the Official Gazette, appoint, and different dates may be
appointed for different States and for different classes of establishments.

12.5.2 Definitions
i) “appropriate Government” means in relation to an establishment under the
control of the Central Government or a railway administration or a major port or
a mine or oilfield, the Central Government, and in all other cases, the State
Government:
ii) “child” means a person who has not completed his fourteen years of age.
iii) “day” means a period of twenty-four hours beginning at midnight.
iv) “establishment” includes a shop, commercial establishment, workshop, farm,
residential hotel, restaurant, eating house, theatre or other place of public
amusement or entertainment.
v) “family”, in relation to an occupier, means the individual, the wife or husband,
as the case may be, of such individual, and their children, brother or sister of
such individual
vi) “occupier”, in relation to an establishment or a workshop, means the person who
has the ultimate control over the affairs of the establishment or workshop.
vii) “port authority” means any authority administering a port;
viii) “prescribed” means prescribed by rules made under Section 18;
ix) “week” means a period of seven days beginning at mid-night on Saturday
76
Child Labour
night or such other night as may be approved in writing for a particular area by (Prohibition And
the Inspector; Regulation) Act, 1986

x) “workshop” means any premises (including the precincts thereof ) wherein any
industrial process is carried on, but does not include any premises to which the
provisions of Section 67 of the Factories Act, 1948 (63 of 1948), for the time
being, apply.

12.5.3 Prohibition of Employment of Children in Certain

Occupations and Processes

Section 3 of Child Labour (Prohibition and Regulation) Act, 1986 prohibits the child
to be employed or permitted to work in any of occupations set forth in part A of the
schedule or in any workshop where in any of the processes set forth in part B of
schedule is carried on. However this prohibition shall not apply to any workshop
wherein any process is carried on by the occupier with the aid of his family or to any
school established by or receiving assistance or recognition from Government.

Part A

The Schedule occupation

Any occupation connected with -

1. Transport of passengers, goods or mails by railway.
2. Cinder picking, clearing of an ash pit or building operation in the railway
premises.
3. Work in a catering establishment at a railway station involving the movement of
a vendor or any other employee of the establishment from one platform to
.another or into or out of a moving train.

4. Work relating to the construction of a railway station or with any other work
where such work is done in close proximity to or between the railway lines.
5. A port authority within the limits of any port.
6. Work relating to selling of crackers and fireworks in shops with temporary
licenses.
7. Abattoirs/Slaughter Houses.
Part B

Processes

1. Bidi Making

2. Carpet weaving

3. Cement manufacture including bagging of cement.

4. Goth printing, dyeing and weaving

5. Manufacture of matches, explosives and fire works

6. Mica cutting and splitting

7. Shellac manufacture

8. Soap manufacture

9. Tanning
77
10. Wool Cleaning
Law on Working
Conditions 11. Building and construction industry

12. Manufacture of slate pencils (including packing).

13. Manufacture of products from agate.

14. Manufacturing procelses using toxic metals and substances such as lead,
mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.

15. "Hazardous processes" as defined in Section 2 (cb) and `dangerous operations'

as notified in rules made under Section 87 of the Factories Act, 1948 (63 of
1948).

16. Printing as defined in Section 2 (k) (iv) of the Factories Act, 1948 (63 of 1948).

17. Cashew and Cashew nut descaling and processing.

18. Soldering processes in electronic industries.

The Act also provides for regulation of the conditions of work in those occupations
and processes where the children are permitted to work. However, looking to
administrative constraints, this has to be done in phases. So for the following
employments, which had earlier been notified for the purpose of regulating the
conditions of work of children in specified States, have subsequently been notified
for regulation throughout the country.
i) Zari-making and Embroidery
ii) Precious Stone polishing
iii) Slate and slate pencil making.

12.5.4 Power to Amend the Schedule

Section 4 confers the discretionary power in the Central, Government to add any
occupation or processes in the schedule so that it become a prohibited items in which
at 14 years no child can be employed in any such occupation. This can be done by the
Central Government, by giving three months notice.

12.5.5 Child Labour Technical Advisory Committee

In order to advise the Government to for the purpose of addition of occupations and
processes to the schedule section 5 empowers the Central Government to constitute at
Child Labour Technical Advisory Committee. Child Labour Technical Advisory
Committee will play a comprehensive role to advise the Central Government for the
purpose of addition of occupations and processes to the Schedule.

The Child Labour Technical Advisory Committee is a Standing Committee and on

the basis of recommendations made by the committee in its first report, the following
occupations and processes have been added to the Schedule to the Act:

i) Employment is shop with temporary licenses to sell crackers and fireworks

ii) Manufacturing processes using toxic metals and substances such as Lead,
Manganese, Chromium, Cadmium, Benzine, Pesticides and asbestos.
iii) Manufacturing of slate pencils (including packing)
iv) Manufacture of products form agate

Suggestions received from some State Governments for addition of certain other
employments to the Schedule are being considered by the Technical Advisory
Committee.
78
Child Labour
i) Composition (Prohibition And
Regulation) Act, 1986
Under section 5 (2) The Committee shall consist of Chairman and such other
members not exceeding ten as may be appointed by the Central Government.

ii) Meetings

The committee shall meet as often as it may consider necessary and shall have
power to regulate its own procedure.

iii) Sub-committees

Section 5(4) provides that the committee may, if it deems it necessary so to do

constitute one or more sub-committees, whether generally or for consideration
of any particular matter any person who is not a member of the committee.

iv) Terms of office etc.

The term of office of, the manner of filling casual vacancies in the office of, and
allowances, if any, payable to the Chairman and other members of the
Committee, and the conditions and restrictions subject to which the committee
may appoint any person who is not a member of Committee as a member of any
its sub-committee shall be such as may be prescribed under Section 5(5).

12.5.6 Working Hours of Child Labour and its Regulation

Section 7 of the Child Labour (Prohibition and regulation) Act, 1986 provides that no
child shall be required or permitted to work in any establishment in excess of such
number of hours as may be prescribed for such establishment or class of
establishments.

i) Statutory Limitation on Continuous Work and Rest Intervals

Section 7 (2) of child Labour (Prohibition and regulation) Act, 1986 provides
that the period of work on each day shall be so fixed that no period shall exceed
three hours and that no child shall work for more than three hours before lie has
had an interval for rest for all least one hour.

ii) Statutory Limitation on Shift, Relays and Spread over

The Act prescribes that the period of work of children shall be so arranged that
inclusive of his interval for rest shall not be spread over more than 6 hours
including the time spent in waiting for work any day.

iii) Statutory Prohibition of Double Employment

The Child Labour (Prohibition and Regulation) Act, .1986 prohibits double
employment of children.

iv) Prohibition on Night Work

No child shall be required or permitted to work from 7 p.m. to 8 a.m.

12.5.7 Weekly Holidays

Section 8, like other labour welfare laws, provides for weekly holiday for employed
children. It says that every child employed in an establishment shall be allowed in
each week, a holiday of one whole day, which day shall be specified by the occupier
in a notice permanently exhibited in a conspicuous place in the establishment and the
day so specified shall not be altered by the occupier more than once in three months. 79
Law on Working
Conditions 12.5.8 Notice to Inspector

Section 9 of the Act imposes a statutory duty upon every occupier in relation to an
establishment in which a child is employed or permitted to work to inform the
inspector within whose local limit the establishment is situated within a period of 30
days from the commencement of the Act about the particular relating to
establishment. The notice should be in writing and contain the following: -
a) the name and situation of the establishment;
b) the name of the person in actual management of the establishment;
c) the address to which communications relating to establishment should be sent,
and
d) the nature of the occupation or process carried on in the establishment
Sub-section 2 of Section 9 imposes a similar duty upon an occupier who employees
or permits to work any child after the date of commencement of this Act in respect to
his establishment to give all information as required by Sub-section (1) of Section 9.
This information must be given by an occupier within 30 days of commencement of
this Act.

However the provisions in respect to hours and period of work, weekly holidays and
the present section would not apply wherein any process is carried on with the aid of
his family or to any school establishment by or receiving assistance or recognition
from government.

12.5.9 Dispute as to Age

Section 10 provides that any question arises between as inspector and any occupier as
to the age of any child who is employed or is permitted to work by him in an
establishment the question shall, in the absence of certificate as to the age of such
child granted by the prescribed medical authority referred by the inspector for
decision to the prescribed medical authority.

12.5.10 Maintenance of Register of Child Workers

Section 11 of the Child Labour (Prohibition and Regulation) Act, 1986 imposes a
duty upon the occupier to maintain a register in respect of children employed or
permitted to work in any establishment, a register to be available for inspection by an
inspector at all times during working hours or when work is being carried on in any
such establishment showing-
a) the names and date of birth of every child so employed or permitted work;
b) hours and periods. of work of any such child and the intervals of rest to which
he is entitled;
c) the nature of work of any such child and
d) such other particulars as may be prescribed.
12.5.11 Display of Notice Containing Abstract of Section 3 and 14

Under Section 12 of the Act every railway administration, every port authority and
every occupier shall cause to be displayed in a conspicuous and assessable place at
every station on its railway or within the limits of a port or at a place of a work as the
case may be, a notice in a local language and in English language containing an
abstract of Section 3 and 4.

12.5.12 Health and Safety

Section 13 empowers the appropriate government to make rules for the health and
safety of the children employed or permitted to work in any establishment. The Rule
80
Child Labour
must provide for all or any of the following matters namely: (Prohibition And
Regulation) Act, 1986
a) Cleanliness in the place of work and its freedom from nuisance;
b) Disposal of wastes and effluents;
c) Ventilation and temperature;
d) Dust and fume;
e) Artificial humidification;
f) f). Lighting;
g) Drinking water;
h) Laterine and urinals;
i) Spittoons;
j) Fencing of machinery;
k) Work at or near machinery in motion;
l) Employment of children on the dangerous machines;
m) Instruction, training and supervision in relation to employment of children on
dangerous machines;
n) Device and cutting of power;
o) Self acting machines;
p) Easing of new machinery;
q) Floor, stairs and means of access;
r) Pits, sumps, opening in floor, etc.
s) Excessive weights;
t) Protection of eyes;
u) Explosive or inflammable dust, gas, etc.
v) Precaution in case of fire.
w) Maintenance of buildings; and
x) Safety of buildings and machinery.

12.5.13 Enforcement

In order to enforce the provisions the Act prescribes for penalties and also for setting
up inspection machinery.

i) Penalties

Section 14(1) states that whoever employs any child or permits to any child to work
in. contravention of the provision of Section 3 shall be punishable with imprisonment
for term which shall not be less than three months but which may extend to one year
or with fine which shall not be less than 10,000 rupees but which may extend to
20,000 or with both. But it will not apply where any workshop in any processes is
carried on by the occupier with aid of his family or to any school established by or
receiving assistance or recognition from Government.

Sub-section (2) of Section 14 provides that whoever, having been convicted of an

offence under Section 3 of the Act, commits a like offence afterwards, he shall be 81
punishable with imprisonment for a term which 'shall not be less than six months
Law on Working
Conditions but which may extend to two years. But under Section 14 (3) an employer or
occupier shall be punishable with simple imprisonment which may extend to one
month or with fine, which may extend to 10,000 or with both, in case he (a) fails to
give notice as required by Section 9 (b) fails to maintain a register as required by
Section II or makes any false entry in any such register, (c) fails to display a notice
containing an abstract of Section 3 and this section as required by Section 12 or (d)
fails to comply with or contravenes any other provision of this Act or the rules made
thereunder.

12.5.14 Modified Application of Certain Laws in Relation to Penalties

Sub-section I of section 15 provides that where any person is found guilty and
convicted of contravention of any provision mentioned in Sub-section (2) namely, (a)
Section 67 of the Factories Act, 1948 (b) Section 40 of the Mines Act 1952 (c)
Section 109 of the Merchant Shipping Act, 1961 and (d) Section 21 of the Motor
Transport workers Act, 1961 he shall be liable to penalties as provided in sub-section
(1) and (2) of Section 14 of this Act and not under the Acts in which theses
provisions are contained.

12.5.15 Procedure Relating to Offences

Under Section 16(1) of the Act any person or police officer or Inspector may file a
complaint of the commission of an offence under this Act in any court of competent
jurisdiction
Section 16 (2) states that every certificate as to age of child which has been granted
by a prescribed medical authority shall, for the purposes of this Act, be conclusive
evidence as to age for child to whom it relates.
Section 16(3) provides that either a Metropolitan Magistrate or a Magistrate first
class is not inferior for trial of any offence under child labour (Prohibition and
Regulation) Act, 1986.
The word `complaint' has a wide meaning since it includes even an oral allegation. It
may, therefore, be assumed that no form is prescribed which the complaint must take.
It may, only be side that there must be an allegation which prima facie discloses the
commission of an offence with the necessary facts for the Magistrate to take action.
(1970) 1 SCC 665: 1970 SCC (Cri) 263. See also (1970) 2 SCC 414 : 1970 SCC
(Cri) 469.
i) Inspectors

Section 17 of the Act empowers the appropriate Government to appoint Inspector for
the purpose of securing compliance with the provision of this Act. The appointed
Inspector by the Government under this Act shall be deemed to be public servant
within the meaning of the Indian Penal Code.

12.5.16 Power to Make Rules

Section 18 empowers the appropriate Government to make rules, which may provide
for all or any of the following matters, namely

a) the term of office of, the manner of filling casual vacancies of, and the
allowances payable to the Chairman and members of the Child Labour
Technical Advisory. Committee and the conditions and restrictions subject to
which a non-member may be appointed to a sub-committee under sub-section
(5) of Section 5;

b) number of hours for which a child may be required or permitted to work under
Sub-section (1) of Section 7;

c) grant of certificates of age in respect of young persons in employment or

82 seeking employment, the medical authorities which may issue such certificate,
Child Labour
the form of such certificate, the charges which may be made thereunder and the (Prohibition And
manner in which such certificate may be issued: Regulation) Act, 1986

Provided that no charge shall be made for the issue of any such certificate if the
application is accompanied by evidence of age deemed satisfactory by the
authority concerned;

d) the other particulars, which a register maintained under Section 11, should
contain.

12.6 SELF-ASSESSMENT TEST

1. What are objectives of the Child Labour (Prohibition and Regulation) Act,
1986?

2. Define child under the Act

3. What are the occupations to which the Child Labour (Prohibition and
Regulation) Act, 1986 apply?

4. Is it necesary to maintain register for child workers. If so state the provisions?

5. What are the statutory limitations on

i) Working hours
ii) Double employment
iii) Shift
iv) Relays
v) Night work
6. How are disputes regarding age or child determined under the Act.?

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Bar Review Companion: Labor Laws and Social Legislation: Anvil Law Books Series, #3
From Everand
Bar Review Companion: Labor Laws and Social Legislation: Anvil Law Books Series, #3
Andres D. Bautista
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