Labour laws course materials




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PART A


1.Infectious and parasitic diseases (a) All work involving exposure to contracted in an occupation where

there is a particular risk of contamination occupation health or laboratory work;

(b) All work involving exposure to

veterinary work;

© Work relating to handling animals,

animal carcasses, part of such

carcasses, or merchandise which

may have been contaminated by

animals or animal carcasses;

(d) Other work carrying a particular risk

of contamination.

contracted in an.


2 Diseases caused by work in compressed air. All work involving exposure to the risk concerned.

3 Diseases caused by lead or its toxic compounds. All work involving exposure to the risk concerned.

4 Poisoning by nitrous fumes. All work involving exposure to the risk concerned.

5 Poisoning by organo phosphorus compounds. All work involving exposure to the risk concerned.


PART B


1 Diseases caused by phosphorus or its toxic compounds. All work involving exposure to the risk concerned.

2 Diseases caused by mercury or its toxic compounds. All work involving exposure to the risk concerned.

3 Diseases caused by benzene or its toxic homologues. All work involving exposure to the risk concerned.

4 Diseases caused by nitro and amido toxic derivatives of benzine or its homologues All work involving exposure to the risk concerned.

5 Diseases caused by chromium, or its toxic compounds All work involving exposure to the risk concerned.

6 Diseases caused by arsenic or its toxic compounds. All work involving exposure to the risk concerned.

7 Diseases caused by radioactive substances or radiations. All work involving exposure to the substances and ionising action of radioactive ionising radiations.

8 Primary epitheliomatous cancer of the skin, caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances. All work involving exposure to the risk concerned.

9 Disease caused by the toxic halogen derivatives of hydrocarbons (of the aliphatic and aromatic series). All work involving exposure to the risk concerned.

10 Diseases caused by carbon disulphide. All work involving exposure to the risk concerned.

11 Occupational cataract due to infra-red radiations. All work involving exposure to the risk concerned.

12 Diseases caused by manganese or its toxic compounds. All work involving exposure to the risk concerned.

13 Skin diseases caused by physical, chemical or biological agents not included in other items. All work involving exposure to the risk concerned.

14 Hearing impairment caused by noise. All work involving exposure to the risk concerned.

15 Poisoning by dinitrophenol or a homologue or by substituted dinitrophenol or by the salts of such substances. All work involving exposure to the risk concerned.

16 Diseases caused by beryllium or its toxic compounds. All work involving exposure to the risk concerned.

17 Diseases caused by cadmium or its toxic compounds. All work involving exposure to the risk concerned.

18 Occupational asthma caused by recognised sensitising agents inherent to the work process. All work involving exposure to the risk concerned.

19 Diseases caused by fluorine or its toxic compounds. All work involving exposure to the risk concerned.

20 Diseases caused by nitroglycerine or other nitroacid esters. All work involving exposure to the risk concerned.

21 Diseases caused by alcohols and ketones. All work involving exposure to the risk concerned.

22 Diseases caused by asphyxiants carbon monoxide, and its toxic derivatives, hydrogen sulfide. All work involving exposure to the risk concerned.

23 Lung cancer and mesotheliomas caused by asbestos. All work involving exposure to the risk concerned.

24 Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter. All work involving exposure to the risk concerned.

25 Snow blindness in snow bound areas. All work involving exposure to the risk concerned.

26 Disease due to effect of cold in extreme cold climate. All work involving exposure to the risk concerned.

27 Disease due to effect of cold in extreme cold climate. All work involving exposure to the risk concerned.

PART C


1 Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthraoosilicosis, asbestosis) and silico-tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death. All work involving exposure to the risk concerned.

2 Bagassosis. All work involving exposure to the risk concerned.

3 Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (Byssinosis). All work involving exposure to the risk concerned.

4 Extrinsic allergic alveelitiscaused by the inhalation of organic dusts. All work involving exposure to the risk concerned.

5 Bronchopulmonary diseases caused by hard metals. All work involving exposure to the risk concerned.

6 Acute Pulmonary Oedema of High Altitude. All work involving exposure to the risk concerned.



SCHEDULE IV


(See section 4)

FACTORS FOR WORKING OUT LUMP SUM EQUIVALENT OF COMPENSATION AMOUNT IN CASE OF PERMANENT DISABLEMENT AND DEATH.

Completed years of age on the last birthday of the

workman immediately preceding the date on which

the compensation fell due Factors



1 2

Not more than 16 . . . . . 228.54 . .

17 227.49

. . . . . . . .

18 . . . . . 226.38 . . .

. 19 . . . . . 225.22. . . .

20 . . . . . 224.00 . . . .

21 . . . . . 222.71

. . . 22 . . . . . 221.37 . . .

23 . . . . . 219.95 . . . .

24 . . . . . 218.47 . . .

25 . . . . . 216.91

. . 26 . . . . . 215.28 . . .

27 . . . . . 213.57 . . .

28 . . . . . 211.79 . . .

29 . . . . . 209.92 . . . .

30 . . . . .. 207.98 . . .

31 . . . . . . 205.95

. . 32 . . . . . . 203.85 . . .

33 . . . . . . . . 201.66

34 . . . . . . . . 199.40

35 . . . . . . . . 197.06

36 . . . . . . . . 194.64

37 . . . . . . . . 192.14

38 . . . . . . . . 189.56

39 . . . . . . . . 186.90 .

40 . . . . . . . . 184.17. 41 . . . . . . . . 181.37

.

42 . . . . . . . . 178.49



43 . . . . . . . 175.54

. 44 . . . . . . 172.52

45 . . . . . . . . 169.44 . 46 . . . . 166.29

.

47 163.07



48. . . . . . . . 159.80

. . . . . . . . . 49 . . . . . . . . 156.47

.

50 . . . . . . . . 153.09 . 51 . . . . . . . . 149.67



52 . . . . . . . 146.20.

53 . . . . . . 142.68

. . .

54 . . . . . . . . 139.13



55 . . . . . . . . 135.56

56 . . . . . . 131.95

57 . . . . . 128.33

58 . . . . . . . . 124.70

59 . . . . . . . . . 121.05

60 . . . . . . . 117.41

61 . . . . . . . . 113.77

62 . . . . . . . 110.14

63 106.52

64 . . . . . 102.93

65 or more . . . . . 99.37

************************************

. . .

. . . . .



FACTORIES ACT, 1948.

PREAMBLE

[63 OF 1948]

An Act to consolidate and amend the law regulating labour in factories.

WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows :-



1. SHORT TITLE, EXTENT AND COMMENCEMENT. - (1) This Act may be called the Factories Act, 1948.

(2) It extends to the whole of India.

(3) It shall come into force on the 1st day of April, 1949.

2. INTERPRETATION. - In this Act, unless there is anything repugnant in the subject or context, - (a) "adult" means a person who has completed his eighteenth year of age;

(b) "adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year;

(bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;

(c) "child" means a person who has not completed his fifteenth year of age;

(ca) "competent person", in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act having regard to - (i) the qualifications and experience of the person and facilities available at his disposal; or

(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such test, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory;

(cb) "hazardous process" means any process or activity in relation to an industry specified to 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 health 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;

(d) "young person" means a person who is either a child or an adolescent;

(e) "day" means a period of twenty-four hours beginning at midnight;

(f) "week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of factories;

(g) "power" means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;

(h) "prime mover" means any engine, motor or other appliance which generates or otherwise provides power;

(i) "transmission machinery" means any shaft, wheel 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;

(j) "machinery" includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied;

(k) "manufacturing process" means any process for - (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;

(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (Inserted by the Factories (Amendment) Act, 1976, w.e.f. 26-10-1976.)

(vi) preserving or storing any article in cold storage; (l) "worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the 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 with, the manufacturing process, or the subject of the manufacturing process but does not include any member of the armed forces of the union;

(m) "factory" means 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, or

(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, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place;

Explanation I : For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account.

Explanation II : For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;

(n) "occupier' of a factory means the person who has ultimate control over the affairs of the factory :



Provided that - (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors shall be deemed to be 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 be 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 7A, section 7B, section 11 or section 12;

(b) section 17, in so far as it relates to the providing and maintenance of sufficient and 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 purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) 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-in-charge or person;

(o) Omitted

(p) "prescribed" means prescribed by rules made by the State Government under this Act;

(q) Omitted

(r) 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 "group" or "relay" and each of such periods is called a "shift".

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