Frequently Asked Questions (FAQs) for Central Inspection portal
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The Minimum Wages Act 1948 is applicable to any establishments/industries/factories/employment either registered under the Bombay shops & establishment Act 1948 or the factories act 1948 irrespective to the strength of employment.That is even if anybody employs an employee he has to pay Minimum Wage.The term Minimum Wage includes the Basic Wage plus Special allowance, as prescribed & published by Labour department,time to time for a given schedule of employment.
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 )
Factory means any premises where in 20 or more workers are working to carry out a manufacturing process with the aid of powers OR whereon 40 or more workers are working to carry out a manufacturing process without the aid of power. Also Government has made this act applicable to power looms, saw mills, certain industries which use hazardous chemicals, and certain processes carried out using flammable solvents by publishing a notification, even if the number of workers are less than 20. Occupier is not allowed to use any premises as a 'factory' unless he has obtained a valid factory Act license.
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The last date for submission of this form is 31st October every year. If the application is made after this date, additional 5% fees has to be paid for every month of delay (maximum up to 25%) License can be renewed maximum up to 10 years at any single time.
An occupier of a factory is required to submit Annual Return in Form no. 27 on or before 1st Feb every year for the past calendar year through online system.
Each factory has to maintain following registers.
- 1.Register of adult workers in form 17
- 2.Muster Roll in form 29
- 3.accidents and dangerous occurrences register in form 30
- 4.Leave with wages register in form 20
- 5.Record of lime washing, painting etc. in form 8
- 6.Register of workers attending to machinery in form 10
- 7.Inspection Book in form 31
In addition to this factory has to maintain health register in form 7. Notice of period of work for adult workers in form 16 has to be displayed on the notice board and two copies are required to be sent to factories Inspector office. Any register in different form if it contains the relevant information required under Factories Act 1948 is acceptable.
Following are some provisions under Factories Act 1948 regarding this:
- No worker shall be allowed or required to work in a factory unless his/her name is entered in the register of adult workers.
- Workers shall be allowed/required to work as per the notice of period of work.
- No child shall be allowed to work in a factory unless he has completed 14 years.
- No child shall be employed or permitted to work, in any factory: for more than four and a half hours in any day or during the night
- An adolescent (15 to 18 years of age) who has been granted a certificate of fitness by a certifying surgeon to work in a factory as an adult under clause (b) of sub- section (2) of section 69 and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be and adult.
- No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week unless any exemption is obtained from Industrial Safety & Health.
- The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
- The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest, they shall not spread over more than ten and a half hours in any day.
- Workers shall be paid double of their normal wages for the period worked as overtime.
Every worker who has worked for a period of 90 days or more in a factory during the calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of :
- If an adult, one day for every twenty days of work performed by him during the previous calendar year
- If a child , one day for every fifteen days of work performed by him during the previous calendar year
- Any days of lay-off by agreement or contract or as permissible under the standing orders
- In the case of a female worker, maternity leave for any number of days not exceeding twelve weeks and
- The leave earned in the year prior to that in which the leave is enjoyed
- Shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
- Explanation 2 – The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave
- A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause(i)or, as the case may be , clause(ii) of sub-section(1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
- 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 or the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub section (1) or sub section (2) making him eligible to avail of such leave , and such payment shall be made.
- Where the worker is discharged or dismissed or quits employment before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
- Where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
- Management of the Factory has to maintain all the details about annual leave with wages in the leave register in Form No. 20 and has to issue leave cards in Form No. 20 to the eligible workers before 28th February.
Factories Act is applicable to all the Factories which are under control of Central Government, State Government, Defense and P. W. D.
Any accident which is fatal or any serious accident causing loss of part of body, if worker becomes unconscious or gets severe burn injuries or incident of any dangerous occurrence has to be informed to the Directorate of industrial Safety & Health office within 4 hours by telephone or by a special messenger. And a written report in form 24 is required to be submitted within 12 hours to the Directorate of industrial Safety & Health office.If accident takes place, which will prevent or will probably prevent the person injured from working for a period of 48 hours, the information of such accident has to be given within next 24 hours.
- Two fire buckets of not less than 9 Litres capacity for every 100 square meters of floor area subject to a minimum of four buckers on each floor.
- One portable fire extinguisher for every 500 Sq.m. areas.
- If the water requirement is more than 550 Litters per minute as per the formula given in Rule 71 (b) (2) of Maharashtra Factories Rules 1963, a trailer pump shall be provided.
- What type of preventive measure shall be taken to prevent incident of fire?
- All processes, storages, equipments, plants etc. involving serious exposing and flash fire hazard shall be located in segregated buildings.
- Areas where highly inflammable, or explosive materials are used shall not have any electrical fittings, if required to be provided, it shall be of standard flameproof type, so that no sparks are generated
- Effective measures shall be adopted for prevention of static charges to a dangerous extent.
- If flammable material is required to be used in large quantities, it shall be stored in a separate store and only the minimum required quantity (maximum up to 20 Liters) shall be stored in the workplace
- Precautions shall be taken to prevent initiatives of ignition from all other possible sources such as open flames, frictional sparks, overheated surfaces of machinery or plant, chemical or physical, chemical reaction and radiant heat.
- Smoking, lighting or carrying of matches, lighters shall be prohibited
- As per Factories Act, when the Safety officers are required to be appointed in factories?
- Safety officers are required to be appointed in every factory.
- Wherein 1000 or more workers are ordinarily employed OR
- Where in, in the opinion of the State Govt., any manufacturing process or operation is carried on, which process or operation involves risk of bodily injury poisoning or disease, or any other hazard to health, to the persons employed, Govt may make this provision applicable to factories having less than 1000 workers by special notification.
- Under Factories Act what are the welfare provisions for workers?
The management of the factory has to provide following facilities depending on the no of workers.
- 150:Rest room, Lunch room
- More than 250:Canteen
- 500 or more than 500Welfare officer, Ambulance
- 30 or more than 30 female workersCrèche facility
- 1000Safety Officer
If any complaint is received regarding any establishment which is under the purview of provisions of Factories Act, immediate enquiry and action is taken. Any complaint received from union, any anonymous person or on Telephone, is enquired and suitable action is taken if it is related to Directorate. The complainant is informed about the enquiry and action taken by the Department by means of a letter. The name of the complainant is kept secret while carrying out the enquiry.
There are twenty seven schedules under Rule 114 of The Maharashtra Factories Rules 1963 this schedules mainly covered electroplating , lead industries, glass manufacturing, shot blasting , leather tanning industries, chromic acid industries, insecticides , asbestos , manganese, benzene, paint industries, processes generating high noise levels etc. Various occupational diseases like cancer, ear deafness, lung diseases, poisoning, etc.
Under the provisions of Factories Act cranes, chain fully blocks, lifting tackles and all the pressure plants which are used in the factories are required to be tested from the competent person within stipulated time and the test certificate in form no. 12 & 13 is required to be maintained. Also the solvent extraction plant is required to be tested from competent person before starting the production and necessary certificate is required to the submitted.
Director, Industrial Safety & Health appoints certain persons or institute as competent person having requisite qualifications and experience as per the criteria decided by the department. These persons or institutes are called competent persons.
Female workers are not allowed or required to work in a factory between 7 p.m. to 6 a.m. For certain processes they can work upto 10 p.m. only if government publishes notifications.
Following are the industries in which female workers and young persons are prohibited. Lead battery, Glass, lead manufacturing, shot blasting, leather tanning, chromic acid, nitro amino compounds, dangerous insecticides, manganese, benzene, paint industries which is uses carcinogenic compounds etc.
The Maharashtra labour welfare fund Act 1953 is applicable to following establishments which includes:
- Factory(means a factory as defined in section 2(m) of the Factories Act, 1948 and includes any place wherein five or more persons are employed or working and (i) where manufacturing process is carried on with aid of power (ii) deemed factory u/s 85 of the said act)
- A tramway or motor omnibus service or a motor transport undertaking to which the Motor Transport Workers Act applies and
- Any establishment within the meaning of the Bombay Shops and Establishments Act, 1948 , which employed, five or more persons on any day during the preceding 12 months including exempted establishment u/s 4 of the act.
EMPLOYEE-Includes person employed for hire or reward to do any work, skilled or unskilled, manual, clerical, supervisory or technical in an establishment directly by the employer or through any other agency but excludes:
- (i) Person in managerial capacity
- (ii) Person in supervisory capacity whose monthly wages excess Rs. 3500/-
- (iii)Apprentices engaged under the Apprentices Act
EMPLOYER-means any person who employs either directly or through another person either on behalf of himself or any other person, one or more employees in an establishment and includes:
- (i) person named as manager u/s 7(i)(f) of the Factories Act, 1948 in factory
- (ii) Person responsible to the owner for supervision and control over the employees or payment of wages in the establishment
UNPAID ACCUMLATION-Payment due to the employees not made to them within 3 years which includes wages and gratuity payable but does not includes the Provident fund contribution.
Contribution is payable every six months in respect of employee whose names stand on the register of establishment on the 30th June and 31st December respectively and employer at the following rate:
|Sr No.||Particulars||Employee’s Contribution||Employer’s contribution|
|1||Employees drawing wages upto and inclusive of Rs. 3000/- per mensem||Rs. 6.00||Rs.18.00|
|2||Employees drawing wages exceeding Rs. 3000/- per mensem||Rs. 12.00||Rs. 36.00|
Employer to pay both his and employees contribution before 15th day of July and 15th day of January along with form ‘A-1’.
All fines realized from the employees and all unpaid accumulation during quarter ending 31st March, 30th June, 30th September and 31st December shall be paid by employer to Welfare commissioner on or before 15th of April, 15th of October and 15th of January succeeding such quarter along with statement From ‘C’.
The concerned employee is required to adopt the procedure as prescribed under section 6A of the Maharashtra Labour Welfare Fund Act to claim unpaid accumulation within the statutory time limit.
AREAS OF USAGE OF THE FUND
- To defray the cost of carrying out measures which may be specified by the State govt. to promote the welfare of labor and of their dependents
To defray expenditure on the following:
- Community and social education centers including reading rooms and libraries;
- Community necessities'
- Games and sports'
- Excursions, tours, and holidays homes
- Entertainment and other forms of recreation
- Home industries and subsidiary occupations for women and unemployed persons
- Corporate activities of a social nature
- Cost of administering the Act
- Such other objects as would in the opinion of the State Govt. improve the standard of the living & ameliorate the social conditions of labour
- For granting to any employer, any local authority or any other body in aid of any activity for welfare of labour
DIRECTION BY STATE GOVT
- The State Government may give the Board such directions as in its opinion are necessary or expedient in connection with expenditure form the Fund or for carrying out the other purposes of the Act
- It shall be the duty of the Board to comply with such directions