Review of Laws and Legislative Measures Affecting Women
by National Commission for Women (NCW)

No. 15. The Factories Act, 1948


Suggested Amendments by NCW

Section 22 : Work on or near machinery in motion - for the words 'No person below the age of 18 years, or a pregnant women or a person with disabilities' shall be substituted

Section 27 : Prohibition of employment of women and children near cotton openers, the following Section will be substituted - 'No person below the age of 18 years, or a pregnant women or a person with disabilities' shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work.

Section 43 : Facilities for storing and drying clothing, the following section be substituted - 'The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable and separate places for male and female workers to keep clothings not worn during working hours and to dry we clothing'.

Section 46 : Canteens - A Proviso after clause ( d ) of sub-section ( 2 ) of Section 46 of the Act as follows - 'Provided that there shall be at least one women (worker) on the Canteen Managing Committee'.

Section 47 : Shelters, rest rooms and lunch rooms - for the words '.....adequate and suitable shelters or rest-rooms and a suitable lunch room.....' the words '....adequate, suitable and separate shelters or rest-rooms for male and female workers and a suitable lunch room ..' shall be substituted.

Section 48 : Creches - To substitute sub-section ( 1 ) of Section 48 and clause ( b ) of sub-section 3 of Section 48 of the Act as follows - '48 (1) - In every factory wherein more than 30 workers are ordinarily employed, there shall be provided and maintained a suitable room for the use of children under the age of 6 years of such workers'. For clause ( b ) of sub-section ( 3 ) of Section 48 the following clause shall be substituted - '48(3)(b) requiring the provisions in factories to which the section applies of additional facilities for he care of such children, including suitable provisions for facilities for washing and changing their clothing'.

Section 66 : Further restrictions on employment of women - Deletion of Section 66 of the Factories Act, 1948.

Section 87 : Substitution of the exiting clause ( b ) of Section 87 as follows - '(b) prohibiting or restricting the employment of persons below the age of 18 years, or a pregnant women or a person with disabilities in the manufacturing process or operation.'

Section 105 : Existing sub-section ( 1 ) of Section 105 to be substituted as - 'The Court shall take cognizance of an offence under this Act on a complaint made by an inspector or NGO or a trade union or a worker's representative or an individual worker'.

Section 108 : After sub-section ( 3 ) the following sub-section (4) to Section 108 shall be inserted as - 'Without prejudice to the provisions of sub-section (1), every factory shall set up an information center for women workers, which shall provide them with information regarding the protective measures under the Act and the rules made thereunder'.

 

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