Executive Summary
As act, factory means work place twenty or more workers are working or were working on any day of the of the preceding twelve months and in part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried. And the objective of the factory act to regulate the condition of work done in a factory. As an well established factory Millennium factory always follow the rules and regulation of factory act. As a garments the manufacturing process of Millennium includes making, altering finishing, packing, washing, cleaning with a view to its use sale transport or delivery. Worker means any person engaged in any work connected with or incidential to a manufacturing process. According to the law Millennium always ensure the right and duties of their workers. It always appoint inspector and give them proper power as factory act. For ensuring a better work place it always clean their work room keep it free from dirt. It takes effective steps for dispose waste, provide fresh air by adequate ventilator and make the temperature level comfortable by arranging adequate electric fan and air condition system. It provide standard space for per worker as factory act, arrange adequate light, pure drinking water for workers and separate male and female, well furnished and clean latrines and urinals with adequate supply of water. For ensuring the safety of workers it fenced it machine proper way, provide all essential instrument when a worker work near machinery in motion .it has employed some young , energetic an well trained people for acting on dangerous machinery. It provide suitable striking gear or other mechanical appliances and use to move driving belts to and from fast and loose pulleys which from part of the transmission machinery. Such gear or appliances are constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley it arrange adequate lifting machine, chains, roofs and lifting machine for ensuring safety of the work place. It also take some protection against dangerous fumes and eyes. It has well exit system and trained their workers what they do in case of fire. What the welfare it organize separate male and female facilities, sitting facilities, first aid appliances, canteens, shelter, guest room and launch roo9m and prayer rooms. To determine working hours, employments of the adults, women and young person and children it follows the role of the factory act. It gives wages and salary, overtime wages to the worker according to the rate determined by the govt.
Part – 1
Origin of the Report
Pallabi Siddique, the honorable course instructor, Legal Environment of Business, course (F- 205) has authorized us to prepare a report on the topic “the application of factories act in Millinium garments limited”. The Submission date of the report is November 11, 2008.
Purpose of the report:
Factories act are the very important and significant matter for the direction of business. Factories act, that follow a business, are necessary for the legal environment of business. All the factories should follow these acts for direction of business in right way. This report show us how a factory follow the factories act that help us to know the application of act on the welfare, safety and the health of the workers. As the students of the Legal environment of business course we should know these things that we have instructed to prepare this report.
]Methodology:
To prepare the report, we collected secondary data. We collected information from some well-known books, guides and also visited the website for necessary information. Majority of our information collected from the website. We have shown all these references in our report as our best capability. We have also consulted with seniors for available sources of information. We have also gone through the textbook to understand those factories act easily.
Scope:
In this report, we analyze the application of factories act.. From this we can learn a lot about this topic as well as the company. These will help us a lot in future.
Limitations:
Although we got a perfect and healthy web site, it did not help us in the best way of preparing the report.
Lack of experience has also been acted as constraints in the way of meticulous exploration on the topic.
Moreover there was time constraint also.
So as far as the limitation is concerned we had tough condition in gathering all the necessary information. In spite of the limitations we tried our best to represent the all the available explanations as possible.
OBJECT
The object of the Factories Act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term “factory” as used in the Act.
The first Act, in India relating to the subject was passed in 1881. This was followed by new Acts in 1891,1911,1922,1934, and 1948. The Act of 1948 is more comprehensive than the previous Acts. The Act of 1948 is based on the provisions of the Factories Act of Great Britain passed in 1937. The Act was amended extensively in 1976 and 1987.
DEFINITIONS UNDER THE FACTORIES ACT
Factory: The term Factory is defined in Section 2 (m) of the Act as follows:
(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 in being carried on with or without 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 s ordinarily so carried on.
Manufacturing process: This term is defined in Section 2 (k) in a very wide sense. It include-
(i) making, altering, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adopting 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, by letter press, lithography, photogravure or other similar processes or book binding; or
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
(vi) preserving or storing any article in cold storage.
Worker: “Worker means a person employed, directly or by or through any agency with or without the knowledge of the principal employer but does not include any member of the armed forces of the Union”- Sec. 2(1).
Power: “Power means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency.”- Sec. 2(g).
Machinery: “Machinery includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied.”- Sec. 2 (J).
Adult: “Adult means a person who has completed his eighteenth year of age”. Sec. 2(a).
Adolescent: “Adolescent means a person who has completed his sixteenth year of age but has not completed his eighteenth year.” Sec.- 2 (b).
Child: “Child means a person who has not completed his sixteenth year of age.” Sec. 2 (c).
Calendar year: “Calendar Year means the period of twelve months beginning with the first day of January in any year.”- Sec 2 (e).
Day: “Day means a period of twenty four hours beginning at mid night.” –Sec 2 (e).
Week: “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.”- Sec 2 (f).
Shift and Relay: Where work to 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 periods is called a “shift.”- Sec. 2 (r).
APPROVAL, LICENCING AND REGISTRATION
It is necessary to obtain a license before a factory is started Section 6 provides that the State Government may make rules requiring, for the purposes of this Act, the submission of plans or any class or description of factories to the Chief Inspector or the State Government, and the plans and specifications of a factory and its location.
THE INSPECTION STAFF
The Factories Act empowers the Stat Government to appoint Inspectors, such as Chief, Additional, Joint or Deputy. No person can act as an Inspector if he 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.
CERTIFYING SURGEONS
Section 10 provides that the Stat Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of the Act for specified local areas or for specified factories or class of factories.
Omi
Provision Regarding the health of workers of millennium Garments
Section 11 to 20 of the factory act contain the certain provisions intended to ensure that the condition under which work is carried on in factories do not effect the health of the workers injuriously that is followed by the Millennium Garments.
- Cleanliness:- Millennium Garments is more concern about their cleanliness and free from effective, from any drain, privy, or other nuisance. For maintaining cleanliness they adopt following measures.
- They accumulate dirt and require daily from work rooms, staircases and passages.
- The clean floor of ever work room twice in a weak Friday and Monday.
- Ali inside wails, and partitions and ceilings are painted at lease once in every four years, and washed at least every period of six month.
- They also repaint their all doors & window frames and other wooden or metallic frame work Beech as shelves at least once in five years.
- Trey also provide drainage.
2. Disposal of wastes & effluents:- Like other ideal organizations & factories millennium Garments arrange some effective steps for disposal of wastes & effluents due to the manufacturing process carried on there in, So as to mender them innocuous, & for their disposal.
3. Ventilezation & Temperature:- For security & Maintaining in every work room-
- Ø There are ideate ventilation by the circulation of fresh air.
- Ø Maintain temperature level hat is comfortable for their worker. For maintaining tolerable temperature the provide, sufficient members of electric fan, set up four air conditioned system in each floor & keep their hot machinery such as dying machine, spray machine, heat machine separate from work room.
4 Dust & Fume:- When production process in running dust & fume is produced which is harmful for health, Millennium Garment exhaust these fume & dust outside the factory by safety pipe.
5. Artificial Humidification:- In ease of humidification millennium Garments takes some steps for ensuring the security by adequate ventilation & cooling of the air in the work rooms. They also purified the water before use which they used for humidification.
6 Overcrowding:- For ensuring the better place of work, Millennium Garments always concern about their providing space for per worker they want to provide a better work place for their worker & for that they allot. 80 cubic meters for their per worker. They also strict on a rule that there is no more than 250 workers in a floor.
- Lighting:- Millennium Garments is placed a better place cohere it get sufficient natural light from the both side. After that authority of the Garments arrange a huge of artificial light for ensuring better working place.
- Drinking water:- Arrangement of pure draining water is an most important issue regarding the health of workers. According to the act it is mandatory for all factories to provide sufficient pure drinking water also arrange pure drinking water container in each floor & sufficient one time glass, it is noted that they locate their water container in a special room that is used for only keeping the water container. They room is very clean & well furnished and it must be maintain a necessary distance from latrines.
- Latrines & Urinals:- According to the law it is prescribed that a factory must have sufficient latrines & urinals. As an ideal factory Millennium Garments arrange eight latrines & urinals for their workers. Here four for men & four for worker workers. Here four for men & four for worker men latrines are located south side of each floor & women latrines are north side of each floor. Internal walls of the latrines up to the height of four feet. Every latrines there are adequate supply of water & every latrines are well furnished. The floor of the latrines & sanitary pans are washed by appointed sweepers at least three time in a week. Latrines & urinals are far from feeding & drinking place of worker.
- Spittoons:- In Millennium Garments there are four spittoons at four corners in each floor. The authority of the Millennium Garments encourage their workers for using these spittoons for maintain clean and beautiful environment in the work room.
Provisions Regarding The Safety of Workers of Millennium Garments
Sections 21 to 40 A, 40B and 41 of the Act lay down for the purpose of securing the safety of workers. Millennium Garments follow these rule for providing safety of their workers. They are explained below:
- Fencing of machinery:- Section 21 describe the following machinery must be surely fenced safeguards of substantial construction.
- Moving parts of prime movers & flywheels conceded to & prime movers.
- The headrace & tailrace of every water wheel & water turbine.
- Any parts of the stock bar which projects beyond the head of the stock of a lathe.
- Every part of an-electric generator
- A motor or rotary convertor
- Every part of transmission machinery
- Every dangerous part of any other machinery.
Dangerous equipment not only kept under fence but also ensure their safety when they used.
As a factory, Millennium Garments also follow these above rules.
2. Work on or near machinery in motion. (Sec. 22, as amended in 1976). It may be necessary in a factory to examine a machine referred to in Sec. 21While in motion and to work on it for slipping of belts or for lubrication). Such examination or work must be carried out by a specially trained adult male worker whose name has been recorded in a specially prescribed register. He must wear tightly fitting clothes which shall be supplied by the occupier.
i. The belt is not more than fifteen c.m in width:
ii. The pulley is normally for the purpose of drive and not merely a fly-wheel 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. There 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 or operation aforesaid is securely fixed or lashed or is firmly held by a second person.
- No woman or young person shall be allowed to clean, lubricate or adjust any part of the machinery while the prime mover or transmission machinery is in motion or to work between moving parts, or between fixed, and moving parts, of any machinery which is in motion.
Millennium Garments strictly follow rule fro providing safety their workers.
- Employment of young persons on dangerous machines, No young person shall work at any dangerous machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and has received sufficient training in work at the machine or is under adequate supervision buy a person who has a through knowledge and experience of the machine.
The Millennium Garments recruit some energetic & well trained young people for operating those dangerous machine & provide them all advance safety equipment that they perform their duty properly.
Striking gear and devices for cutting off power. As amended in. In Millennium suitable striking gear or other efficient mechanical appliances are provided and maintained an used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery. Such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley .
In Millennium factory suitable devices for cutting power in emergencies from running machinery are provided and maintained in every workroom.
Self acting machines:- No traversing part of a self- acting machine in any factory and no material carried thereon are if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of 45 cms. From any fixed structure which is not part of the machine.
6. Casing of new machinery In all machinery installed after the commencement of the act,
a) Every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion are so sunk, encased or otherwise effectively guarded as to prevent danger.
b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion are completely encase unless it is so situated that it is safe without encasement.
Women and children near cotton-openers:- No woman or child are employed in any part of a factory for pressing cotton in which a cotton-opener is at work.
8. Hoists and lifts:- In Millennium
a) Every hoist and lift are-
i. Of good mechanical construction, sound material and adequate strength.
ii. Properly maintained, and are be thoroughly examined by a competent person at least once in every period of three months .
b) Every hoist way and lift way are sufficiently protected by an enclosure fitted with g ates, and the hoist or lift, and every such enclosure are so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and fixed structure or moving part;
c) The maximum safe working load are plainly marked on every hoist or lift, and no load greater than such load are carried thereon.
9. Lifting machines, chains, ropes and lifting tackles. In Millennium the following provision are compiled with in every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials.
All parts, including the working gear, whether fixed or movable of every lifting machine and every chain, rope or lifting tackle are.
a) Of good construction, sound material and adequate strength and free from defects.
b) Properly maintained; and
c) Thoroughly examined by a competent person at least once in every period of twelve months.
10. Revolving machinery:- In Millennium every room in which the process of grinding is carried on there are permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle and the diameter of the pulley upon such shaft or spindle and such speeds are in no case be exceeded.
11. Pressure plant:- In Millennium effective measure are taken to ensure that the safe working pressure is not exceeded.
12. Floors, stairs and means of access:- As amended in Millennium all floors, steps, stairs, passages and gangways are of sound construction and properly maintained and are kept free from obstructions likely to cause persons to slip.
To ensure safety they are provided with substantial handrails. Safe means of access must be provided and maintained to every place at which any person is at any time required to work.
13. Pits, sumps, openings in floors etc:- Every fixed vessel, sump, tank, pit or operating in the ground or in a floor which by reason of its depth, situation, construction or contents is or may be a source of danger, are either securely covered or securely fenced.
14. Excessive weights:- No person are employed in Millennium to carry or move any load so heavy as to be likely to cause him injury.
15. Protection of eyes. In respect of manufacturing process carried on in Millennium, being a process which involves-
a) Risk of injury to the eyes from particles of fragments thrown off in the course of the process, or
b) Risk to the eyes by reason of excessive light,
b
additional means of escape :Notwithstanding anything contained in sub section (1) or sub section (7) ,t8. The state government may take rules prescribing ,m in respect of any factory or class or description of factories, the means escape to be provided inn case of fire and the nature and amount of fire and the nature and amount of fire-fighting apparatus to be provided and maintained.
5. There shall be provided in every factory effective and clearly audible means of giving warning in case of fire to every person employed in the factory. Safe means of escape for al person in the event of a fire and the necessary equipment and facilities for existing fire .effective measure shall be taken to ensure that in every factory all the worker arefami8lar with the means off .
There should be a passageway giving access to each means of escape in case of fire shall be maintained for the use of all workers in every room in a factory. And Millennium garments Ltd.
has spacious passage way and back stairs for escape in emergency fire case.
Effective measure shall be taken to ensure that in every factory-
(a) where more than twenty workers are ordinary employed in any place above the ground floor, or
wherein explosive or highly inflammable materials are used to stored all workers are familiar with the
(a) to finish such drawing , specifications and others particulars as may be necessary to determine whether such buildings, ways machinery or plant can be used with safety, or
(b) to carry out such test in such manner as may be specified in the order, and to inform the inspector of the results thereof.
20. Safety of buildings and machinery: There is an Inspector to inspect the safety of buildings and machinery in Millennium Garments Ltd. He perform his duty by two ways
(a) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in his factory is in such a condition that it is dangerous to human life or safety, he may serve on the occupier or manager of the factory or both an order in writing, specifying the measure which in his opinion
(b)
- he inspector ,having special regard to the nature of work carried on the factory, special risk to life or safety or any other circumstances may think that the prescribed .
- means of escape is not adequate for safe, easy or quick exit of the workers in case of fire. If so, then he may, by order in writing require that such additional means of escape or others measure as he may consider reasonable and necessary be provided in the factory.
- reference of chief Inspector: If any question arises whether or not the means of escape provided in the factory is adequate to permit safe, easy or quick exit of the workers in case of fire, the same shall be referred to the chief inspector.
- Any person aggrieved by the decision of the Chief Inspectirunde4r sub section (9) may , before the expiry of thirty days from the date on which the decision is communicated to him prefer an appeal to the state government.
- Power to require specification of defective part or test of stability :of a building or any part of the ways ,machinery or plant of factory is in such condition that it may be dangerous to human life or safety, he may surv4e on the occupier or manager of the factory or both an order in writing specifying the measures which in his opinion shouldbe adopted and requiring him before a specified date.
- It has a inspector to inspect the safety of buildings and machinery: It has a inspectpor who perform his duty by observing the overall situation of building and machinery.If it app
- I. 21. maintenance of building: Wherein in the opinion of the opinion inspector of Millennium Garment Ltd. .that any building or part of a building in a factory in such a state of disrepair that it may prove dangerous to the health and welfare of the workers , the Inspector may serve on the occupier or manager or both of the factory an order in writing specifying the proper measure s and requiring the same to be carried out before such date as it specified in the order. (according to the Amendment of 1976) safety officers ;
In Millennium Garments Ltd, there are more than one thousand garments workers are working as ordinary employment and
As it’s a garment industry it has a little risk of bodily injury poisoning or disease .Although it carries a little risk it employ such number of safety officers specified in the notification.
The duties, qualification and condition are followed as prescribed by the state government (Amendment of 1976)
23. power to make rules to supplement factory act: Millennium garments Ltd follow the rules of use of such further device and measures for safety make by state government as necessary.
- Fencing of machinery: All dangerous machinery are securely fenced . Sec. -21
2.Wokrs on or near machinery in motion : Workers who work on machinery are specially trained adult male workers wearing tightly fitting clothes.-Sec . 22
3. Employment of young person on new machines workers: A few young person is working at any dangerous machine under the supervision of few skilled person having thorough knowledge and experience on machine and they are specially instructed. -Sec. 23
4. Striking gear and devices for cutting off power: In every work room of the factory suitable device for cutting of power in emergencies from running machinery has provided and maintained. -Sec. 24
5. Self-acting machines :Moving parts of machine are not allowed to come within 45cms.of any fixed structure which is not part of machine -Sec. 25
6. Casing of new machinery;.-Sec. 26
7. Women and children near cotton openers: : Except5 in other caseswomen and children are not allowed ito work near cotto, openers -Sec. 27
8. Hoists,lifts, Chainsn etc: Every hoist and lift are constructed as to mbe safe ,.There are some priovision regarding lifting machiunes,m chains, ropes and liftingtackle. -Sec. 28. 29
9.Revolving machinery:All revoilving machineries are on the special supervision so thatthe safe speed is not exceeded. -Sec. 30
10.Pressure plant:Nessery step are to ensure that the safe working pressure are not exceeded Whe4re any operationis carried on at a pressurehigher than the atmospheric pressure.-Sec. 31
11. Floors, stairs, and means of access: all floors, steps, stairs, passage and gangwayare soundly constructed andproperly maintained. Safe means of naccess is providedto the place where the worker is carry on their work. -Sec.32
12. Pits, sumps, openings in floors: Pits, sumps, openings in floors etc are are xsecurely covered. -Sec. 33
13.Excessive weight: A load which is so heavy as to cause injury of any workeris is not made to carry by any workers. -Sec. 34
14. Protection of eyes: Suitable goggles is providedto protect the eyes of the workers from fragments thrownoff in course of any manufacture and from excessive light. Sec-35
15. Protections against dangerous fumes :Any person is not allowed to enter any chamber, tank etc. Where dangerous fumesare likely to be present , wnless it is equipped with a manhole or othermeans of going out.-Sec. 35
16. Explore or inflammable gas etc : In case of producing flammabke gas, dust, fume, etc.step is taken to enclose the machine concerned, prevent the accumulation of substancesand exclude all possible sourcesof ignition.-Sec. 37
17. Precautions in case of fire: The means of exit in case of fire is clearly marked in red letters.Fire escape is provide. Windows and doors are constructed as to open out wards -Sec. 38
18. Specifications of defective etc and safetuy of buildings and machinery: The inspector of factories can ask fpr the holding of test to determiune how they can be made safe if any building or machine is in a defective or dsamsage condition. -Sec. 39, 40
19. Maintenance of building: If any building in a factory or any part of it is likely to affect the helth and wwelfare of the workers the inspector of rhe factory may serve on tue occupier or manager i8n writing specifying the measure to be done before the specified date. -Sec. 40A
20. Safety officers: the tate of the government notified to the workers employment as Millennium garments Ltd. Has more than one thousand workers and thgere is risk of bodily injured.Sec-40B
21. Rules: There is a provision for further device in case of safety as may be necessity. -Sec. 41
PROVISION REGARDINMG THE WELFARE OF WORKERS
The Millenium garments Ltd. Following section 42 to 43 of the factoyr act regarding of the welfare of workers. These are explained below
1.Washing facilities : (Sec-42)
(a) Millenium garments Ltd. has adequate and suitable facilities for washing for the use of workers therein,
(b) It has separate and adequately screened facilities for the use of male and female workerws,
(c)All of this facilities are conveniently accessible and kept clean.
- Facilities for strong and drying clothing : (Sec- 43)
There is a rule in Millenium Garments Ltd. requiring the provision of suitable places for keeping clothing not worn during working hour and for the drying of wet clothing.
- Facilities for sitting : (sec-44)
Sitting facvilities are provided andf maintained for all workrs in garments ground,obliged to workin a standing position.
- Firs aid appliance : (Sec-45)
(a)prescrived contents are provided in every room of the factory. First aid boxes are equipped with the
(b)Allo of this box are filled with prescrived contents.
(c) Each box is kept in charge of a seperste responsible person who skilled in first aid treatment.
(d) There is also ambulance and maintained an ambulance roomwhich contained prescribed eequipment.
- canteens: (Sec-46, amended in 1976)
- As MilleniumGarments Ltd. follows the factory act it has established a well decorated canteen for garment sworkers as it has more than one thousand labour and a separate canteen for other office staff.
