The Factories Act, 1948:
The Factories Act, 1948 The Factories Act is a part of labour welfare legislation wherein measures have been laid down to be adopted for the health, safety, welfare, working hours, leave and employment of young persons and women who are employed at factories. The Act was drastically amended in 1987 whereby safeguards against the use and handling of hazardous substances for setting up hazardous industries were laid down.
Provisions for women's welfare under the Factories Act,
1948
Exclusive provisions for women have also been incorporated in the Act keeping in view their soft and tender personalities. The maximum of these provisions was incorporated by the amendment of the Act in 1987. Provisions for the welfare of women:
Prohibition of employment of women during night hours: It is a safety measure for a woman.
Section 66(1)(b) of the Factories Act, 1948 states that no
woman shall be required or allowed to work in any factory except between the
hours of 6 a.m. and 7 p.m.
Prohibition of work in hazardous occupations: it provides that no women shall be allowed to clean, lubricate or adjust any part of a prime mover of any transmission machinery, lubrication or adjustment which would expose the women to risk of injury from moving any part either of that machinery.
Section 22(2) of the Factories Act, 1948 provides that no
woman shall be allowed to clean, lubricate or adjust any part of a prime mover
or of any transmission machinery while the prime mover or transmission
machinery is in motion, or to clean, lubricate or adjust any part of any
machine if the cleaning, lubrication or adjustment thereof would expose the
woman to risk of injury from any moving part either of that machine or of any
adjacent machinery.
Pearson v Belgium Co LTD.(1896) 1 Q B 244: The question was whether stationary parts of a machine can be cleaned by women if the machine as a whole is in motion. It was held by the court that if machinery as a whole is in motion even stationary parts of the machine cannot be cleaned by a woman.
Richard Thomas and Baldwins Ltd. V Cummings(1955) 1 AII ER 285: The court observed that there would be no breach of statutory duty if an injury occurs while the machinery is unfenced if the power is cut off and the machinery is under repairs and the parts are not in motion but are moved by hand for purposes of repairs.
Prohibition of employment of women in pressing cotton where
a cotton opener is at work: Section 27 of the Factories Act, 1948 prohibits
employment of women in any part of a factory for pressing cotton in which a
cotton opener is at work.
Fixation of daily hours of work at nine: Hours of work which provides that the daily hours of work of adult workers have been fixed at 9 by provisions of Section 54 of the Factories Act, 1948. Sometimes men can work for more time but it does not permit women workers to go beyond the limit.
Fixation of maximum permissible load: It is a safety measure and it is also supported by the International Labour Laws.
Provision for crèche: In every factory where more than 30 women workers are ordinarily employed, there shall be a suitable room for the use of children under the age of six years of such women. It is a nursery and a place where the babies of working women are taken care of while the mothers are at work. It provides that in every factory there shall be a suitable room for the use of children under the age of 6 years of such women and should be adequately clean, ventilated, accommodation and sanitary condition. Section 48 of the Factories Act, 1948 provides for the provision of crèche in factories.
Provision for washing and bathing facilities, toilet facilities: The Act provides for separate and adequately screened washing and bathing facilities for women. Washing and bathing facilities are provided for women workers and shall be kept clean. Provisions for toilets are also provided under the Factories Act. Latrine and urinal facilities separately for men and women are necessary where women labour is employed. The factories Act must make it obligatory for any factory owner to maintain an adequate number of latrines and urinals separate for women. Provision for separate latrines and urinals for female workers exists under Section 19 of the Factories Act, 1948. Provision for separate washing facilities for female workers exists under Section 42 of the Factories Act.
All the above provisions are simultaneously provided under
The Plantations Labour Act 1951, The Mines Act 1952, The Beedi and Cigar
Workers (Conditions of Employment) Act 1966, The Contract Labour (Regulation
and Abolition) Act 1970 and The Interstate Migrant Workmen (Regulation of
Employment and condition of services) Act 1979.
References:
1) Protection of women under the labour laws
2) Women Rights Under Indian Labour Laws- A Socio-Economic Study
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