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Factories Act, 1948 and Karnataka Factories Rules, 1969: Detailed Notes for UPSC Prelims and Mains

The Factories Act, 1948 is a key labor law in India that regulates the working conditions in factories, ensuring the health, safety, welfare, and work
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Factories Act, 1948 and Karnataka Factories Rules, 1969: Detailed Notes for UPSC Prelims and Mains

The Factories Act, 1948 is a key labor law in India that regulates the working conditions in factories, ensuring the health, safety, welfare, and working hours of workers. The Karnataka Factories Rules, 1969 are state-specific rules that supplement the central Act. These laws are important for both UPSC Prelims and Mains, especially in the context of labor rights, industrial safety, and social justice.

1. Factories Act, 1948: Key Provisions

Objective

  • To ensure the health, safety, welfare, and proper working conditions of workers in factories.
  • To regulate working hours, leave, and employment of young persons and women.

Applicability

  • Applies to factories employing 10 or more workers (with power) or 20 or more workers (without power).
  • Covers all manufacturing processes and establishments defined as "factories."

Key Definitions

  • Factory: Any premises where 10 or more workers are employed with power, or 20 or more without power, and where a manufacturing process is carried out.
  • Worker: A person employed directly or through an agency, including contractors, with or without wages.
  • Manufacturing Process: Any process for making, altering, repairing, ornamenting, finishing, packing, or cleaning any article.

Health Provisions

  • Cleanliness: Factories must be kept clean, free from effluvia, and have proper waste disposal systems.
  • Ventilation and Temperature: Adequate ventilation and comfortable temperature must be maintained.
  • Dust and Fumes: Measures to control dust and fumes to prevent health hazards.
  • Overcrowding: No overcrowding; minimum space per worker must be provided.
  • Lighting: Sufficient and suitable lighting.
  • Drinking Water: Clean drinking water must be provided.
  • Sanitation: Adequate toilets, urinals, and washing facilities.
  • Spittoons: Provision of spittoons to maintain hygiene.

Safety Provisions

  • Fencing of Machinery: Dangerous machinery must be securely fenced.
  • Work on Near Machinery in Motion: Only trained workers can work on or near moving machinery.
  • Employment of Young Persons: Prohibits employment of young persons on dangerous machines.
  • Lifting Heavy Weights: Limits on the weight that can be lifted by workers.
  • Protective Equipment: Provision of protective gear for workers in hazardous processes.
  • Fire Safety: Adequate fire safety measures, including fire exits and extinguishers.

Welfare Provisions

  • Washing Facilities: Adequate facilities for washing and bathing.
  • First Aid: First aid boxes and trained personnel must be available.
  • Canteens: Canteens must be provided in factories with 250 or more workers.
  • Shelters, Restrooms, and Lunchrooms: Provision for restrooms and shelters.
  • Creches: Factories with 30 or more women workers must have creches.
  • Welfare Officers: Factories with 500 or more workers must employ welfare officers.

Working Hours and Employment

  • Weekly Hours: Maximum 48 hours per week.
  • Daily Hours: Maximum 9 hours per day.
  • Intervals for Rest: At least half an hour break after 5 hours of work.
  • Overtime: Overtime wages must be paid for work beyond normal hours.
  • Spread Over: Maximum spread over of 10.5 hours per day.
  • Night Shifts: Prohibits women and children from working night shifts (7 PM to 6 AM).
  • Annual Leave with Wages: Workers are entitled to annual leave with wages after 240 days of work in a year.

Special Provisions for Women and Young Persons

  • Women Workers: Prohibits employment in hazardous processes and night shifts.
  • Young Persons: Prohibits employment of children below 14 years. Adolescents (14-18 years) can work only with a fitness certificate.

Penalties

  • Non-compliance with the Act can result in fines and imprisonment for factory owners.

2. Karnataka Factories Rules, 1969

The Karnataka Factories Rules, 1969 are state-specific rules that supplement the Factories Act, 1948. They provide detailed guidelines for the implementation of the Act in Karnataka.

Key Provisions

  1. Registration and Licensing

    • Factories must obtain a license from the Chief Inspector of Factories.
    • Renewal of licenses is mandatory.

  2. Health and Safety

    • Detailed provisions for ventilation, temperature control, and dust removal.
    • Specific rules for fire safety, including fire drills and firefighting equipment.

  3. Welfare

    • Provision of canteens, creches, and restrooms as per the Act.
    • Welfare officers must be appointed in factories with 500 or more workers.

  4. Working Hours

    • Rules for overtime, spread over, and night shifts.
    • Special provisions for women and young workers.

  5. Inspections

    • Regular inspections by factory inspectors to ensure compliance.
    • Powers of inspectors to enter premises, examine records, and issue orders.

  6. Accidents and Diseases

    • Mandatory reporting of accidents and occupational diseases.
    • Compensation for workers affected by accidents or diseases.

3. Current Affairs and Relevance for UPSC

Recent Amendments

  • Occupational Safety, Health and Working Conditions (OSH) Code, 2020
    • The OSH Code subsumes the Factories Act, 1948, and other labor laws.
    • Aims to simplify and consolidate labor laws.
    • Introduces new provisions for gig workers, freelancers, and platform workers.

Industrial Accidents and Safety

  • Recent industrial accidents (e.g., Visakhapatnam gas leak, 2020) highlight the need for stricter enforcement of factory safety laws.
  • The Bhopal Gas Tragedy (1984) remains a landmark case for industrial safety and liability.

Women Workers

  • Increasing participation of women in the workforce has led to demands for better safety and welfare measures.
  • The #MeToo movement has brought attention to workplace harassment, leading to calls for stricter enforcement of laws.

Child Labor

  • Despite laws, child labor persists in small-scale industries.
  • The Child Labor (Prohibition and Regulation) Amendment Act, 2016 prohibits employment of children below 14 years in all occupations.

Environmental Concerns

  • Factories are major contributors to pollution. The Environment Protection Act, 1986 and National Green Tribunal (NGT) play a crucial role in regulating industrial pollution.

Global Standards

  • India is a signatory to International Labour Organization (ILO) conventions on labor rights and safety.
  • The Sustainable Development Goals (SDGs), particularly Goal 8 (Decent Work and Economic Growth), emphasize the importance of safe working conditions.

4. Importance for UPSC Prelims and Mains

Prelims

  • Questions on the Factories Act, 1948 and its provisions.
  • Key definitions (e.g., factory, worker, manufacturing process).
  • Recent amendments and labor codes.

Mains

  • GS Paper II: Issues related to labor rights, welfare, and safety.
  • GS Paper III: Industrial safety, environmental concerns, and sustainable development.

Conclusion

The Factories Act, 1948 and Karnataka Factories Rules, 1969 are crucial for ensuring the health, safety, and welfare of factory workers. With the introduction of the OSH Code, 2020, there is a renewed focus on simplifying labor laws and improving working conditions.

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