The Factory Act, 1948 is Central legislation provides for the Health Safety, Welfare, and Healthy work environment. The various provisions of this Act & Rule made there under are ensured through inspection of factory.
Applicability of the Factory Act :
This Act is applicable to the Factories
(i) where on 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) Where on 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 .
No building in a factory shall be constructed reconstructed or extended nor shall any manufacturing process be carried or in any building constructed or extended or taken into use as factory or part of a factory after the date of the enforcement of this rule, unless previous permission in writing is obtained from the State Government or the Chief Inspector.
The Registration/Renewal of all such units which covered by definition of Factory Act, 1948 is being done by Asstt Director of Factory, Dy. Director Factory and Chief Inspector of Factories. Asset Director of Factory, Dy. Director Factory ensure the Safe and Healthy work environment to the workers and due welfare facilities under the law and also advise to the management of factories, so safe working condition are ensured and industrial Accidents are prevented in factories.
The powers for plan approved registrants and license renewal of factors under Factories Act 1948 are designated as under:
|| Factories employing less than 300 workers
|| Asstt. Director of Factories & Boilers
|| Factories employing less than 300 or More workers
|| Dy. Director of Factories & Boilers
|| Major Accident hazar5d Factories
|| Chief Inspector of Factory
On the application by the owner the renewal of license except Hazardous and MAH Factories of all others factories is being done for 5 Year at a time.
The license fee for the issue of license and renewal thereof charged on the basis of installed Horse Power and Maximum number of person employed on any day during the calendar Year. To ensure the provision of Factory Act 1948 inspection of the factories are being carried out by the Dy. Director Factory/ Asstt. Director Factory & Boilers. If occupier\Factory Manager negligent in the compliance of the provision of the Factory Act, 1948 and rules made there under the prosecution are launched in the competent court of law. All fatal and non fatal accidents are investigated to avoid recurrence of such accidents by Asstt. Director Factories& Boilers. The State Government under the Factories Act, 1948 and Ministry of Environment & Forest, Govt. of India under the Environment protection Act 1986 have notified following specific rule in view of the use, handling and storage of Hazardous substance in the factories and to ensure the safety of workers and public residing nearby. The officers of Factory and Boilers also ensure compliance of specific safety provision stipulated in these rules:
1- The Uttarakhand factories (Control of industrial Major Accidents Hazards) Rules, 1996 (under the Factories Act, 1948)
2- The Manufacturer, Storage and Import of Hazardous Chemicals Rules, 1989 (amended 2000) (under the Environment protection Act, 1986)
3- The Chemical Accidents (Emergency planning preparedness and Response) Rule, 1996 (Under the Environment Protection Act, 1986)
In the State of Uttarakhand there are 733 factories of hazardous nature, wherein hazardous substance are being handled, used and stored and there is possibility of impairment to the health of workers employed there in as well as pollution of the general environment. The Asstt. Director of Factory and Boilers keeps vigilant eye on such units through inspection so that necessary and adequate safety arrangements are ensured in view of industrial activities and use of hazardous substances.
Out of these 733 hazardous factories there 41 factories, which are major accident hazard prone and where in the use or storage of hazardous substance is equal to or more then the quantity specified in above citied rules. All the Major Accident hazardous Factories are advised to ensure the provision of MSIHC Rules, 1989 (amended 2000) and presently these 41 major accident hazard factories are situated in 4 districts. District Crisis Groups in all the 4 Districts have been constituted under the chairmanship of District Magistrate of respective districts.
OBLEGATION OF OCCUPIER:
An employer is under statutory obligation to safeguard the health, safety and welfare of workers through proper maintenance of plant, machinery and appliances and instructions trainee supervisions over workers to ensure the health and safety of all workers at work