Discuss the Object and Scope of the Factories Act, 1948 || Labour Law || Story Of Law ||

Discuss the Object and Scope of the Factories Act, 1948

Scope of the Factories Act, 1948 :

Introduction. - There has been a rise of large scale factory / industry in India in the latter half of the 19th century. Major Moore, Inspector-in-Chief of the Bombay Cotton Department, in his report in 1872-73 first of all raised the question for the provision of legislation to regulate working conditions in factories. The first Factories Act was enacted in 1881. Since then the Act has been amended on many occasions. The Factories Act 1934 as passed replacing all provisions legislation in regard to factories. This Act was drafted in the light of the recommendations of the Royal Commission on Labour. This Act has also been suitably amended from time to time. The experience of working of the Factories Act, 1934, had revealed a number of defects and weaknesses which hampered effective administration of the Act, abd the need for wholesale revision of the Act to extend its protective provisions to the large number of smaller industrial establishment was felt. Therefore, the Factories Act, 1948 consolidating and amending the aw relating to labour in factories, was passed by the Constituent Assembly on August 28, 1948. The Act received the assent of Governor-General of India on 23rd September, 1948 and came into force on April 1st, 1949.

Changes introduce by the Factories Act, 1948. - The following changes were made by the Factories Act, 1948 :-

1. The definition of the term "factory" was widened to cover all industrial establishment employing ten or more workers in all other cases.
2. The distinction between seasonal and non-seasonal factories was abolished.
3. Under the Act of 1934 the State Government had power to extend the application of the Act to establishments where power was used the application of the Act to establishments where power was used and where more than 10 workers were employed. Under the Act of 1948, the State Government may extend the provisions of this Act to any establishment irrespective of the number of the workers employed therein and irrespective of the fact that manufacturing work is carried on by power or otherwise, The only exception is an establishment where the work is done solely by the members of a family.
4. Chapter III of the Act of 1934 was split into three parts, dealing with health, safety and welfare of workers.  The Act specifies very clearly the minimum requirements under three heads stated above.
5. The basic provisions of the old Act relating to health, safety and welfare are extended to all work places irrespective of the number of workers employed, except premises where processes are carried on by the occupier with the sole aid of his family.
6. The minimum age for the admission of children to employment has been raised from 12 to 14 years  and the minimum permissible daily hours of work of children were reduced from five to four and a half hours.
7. Provisions are made for the licensing and registration of factories and the prior scrutiny by the Factories Inspectorate of the plans and specifications of factory building.
8. Employment of children and workman between 7 p.m. and 6 a.m. is prohibited. For overtime work the workers are entitled to twice their normal rate of wages.
9. The State Government are empowered to make rules requiring the association of the workers in the management of arrangements for the welfare of the workers.
10. The State Government is obliged to see that all the factories are registered and take a licence for working which should be periodically renewed. Prior approval of all State Government has been made necessary for every new installation of a factory or for the extension of an existing factory. Besides mines, the new Act also excludes railway running sheds from the definition of factories.

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Objective of the Factories Act, 1948 :

Industrial legislation has a two-fold objective :-

1. The preservation of the health, safety and welfare of workers, and;
2. The maintenance of good relations between employers and employees.

All laws dealing with these matters come within the scope of Industrial Law.
Labour Laws violation of -

Labour Laws are enacted for improving the conditions of workers and the employers cannot be allowed to buy off immunity against violation of labour laws by paying a paltry fine which they would not mind paying, because by violating the labour laws, they would be making profit which would far exceed the amount of fine.

They would remain merely paper tigers without any teeth or clause. Violation of labour laws must be viewed with strictness and whenever any violations of labour laws are established, the errant employers should be punished by imposing adequate punishment.

Data Source :
• Labour & Industrial Laws - S.N. Misra
• Lectures on Labour and Industrial Laws - Dr. Rega Surya Rao