PROVISIONS REGARDING WELFARE (Sections 42 to 50)

 PROVISIONS REGARDING WELFARE (Sections 42 to 50)

The Factories Act, 1948 under the heading, "Welfare" prescribes the various provisions contained in sections 42 to 50 in context to the basic welfare amenities to be provided to the workers employed in the factories. These basic welfare facilities act as a strong morale booster for the workers working in the factories. These amenities not only motivate an employee to give his best performance but also increase the efficiency of the workers, that ultimately enhances the overall output of the factory.

The object of various provisions regarding welfare :
- to provided adequate welfare facilities to all workers employed in the factories. 

- to ensure the availability of basic amenities such as washing facilities, sitting facilities, canteens, lunch rooms, rest rooms, etc that affect the performance of workers.

- to provide special facilities to women workers, specifically crèches for children. The provisions regarding "welfare" U/S 42 to 50 are as follows:

(1) WASHING FACILITIES (Section 42)

Section 42 makes a provision for washing facilities for the workers in the factories. This section places a general obligation on the occupiers to provide such facilities. The important requirements of the section are:

(i) such facilities shall be maintained in the suitable condition,

(ii) it shall be kept clean,

(iii) it should be conveniently accessible, and

(iv) such facilities for the woman workers should be kept separate.

The provision contained in section 42 is uniformly applicable to all factories, though the standards of such facilities may be prescribed by the State Government in respect of any individual factory or class or description of factories or section 42(2)  

(2) FACILITIES FOR STORING AND DRYING CLOTHING (Section 43)

Section 43 empowers the State Government to make rules to provide in any factory, class of factory or description of factories, the facilities to the workers for drying their wet clothing and also cloak room facilities (where the workers can keep clothes not worn during working hours)

(3) FACILITIES FOR SITTING (Section 44) 

In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to worker in a standing position in order that they take advantage of any opportunities for rest which may occur in the course of their work.

If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process are able to do their work efficiently in a sitting position then he may order the occupier of the factory to provide seating arrangements.

However, the State Govt. may grant exemptions from compliance of provisions of this section.

(4) FIRST-AID APPLIANCES (Section 45)

- During all working hours, first aid boxes or cupboards equipped with prescribed content be provided and maintained. Number of such boxes shall not be less than one for every 150 workers.

- Nothing except prescribed contents shall be kept in the first aid boxes. 

- Each such box shall be kept in the charge of a separate responsible person who holds certificate in first aid and is always readily available.

- Factory where more than 5000 workers are ordinarily employed, provision of ambulance room of prescribed size with such medical and nursing staff as prescribed shall be made.

(5) CANTEENS (Section 46)

- The State Government may make rules for a factory where more than 250 workers are employed to have a canteen or canteens which shall be maintained by the occupier for the use of the workers.

- Such rules may provide for - 

    (a) the date by which such canteen shall be provided;

    (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen;

    (c) the foodstuffs to be served and the charges be made 

    (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen:

    (e) the delegation to the Chief Inspector by the State Government regarding powers make rules for the food to be served in such canteens and their charges.

(6) SHELTERS, RESTROOMS AND LUNCH ROOMS (Section 47) 

- The section makes a provision for shelter, rest-rooms and lunch rooms for the use of the workers employed in factories.

- The facilities provided for in this section are available in factories where more than 150 workers are employed.

- If in any factory a canteen has been provided according to section 46 then such canteen would be treated as part of the requirement of this section. 

- Where a lunch room has been provided for in a factory, the workers are prohibited to eat anywhere else than in the lunch room.

- The shelters or rest rooms or lunch rooms shall be sufficiently lighted and ventilated and shall be maintained in cool and clean condition.

U/S 47(3) The State Government may-

    (a) prescribe the standards in respect of construction, accommodation furniture and other equipment of shelter, rest rooms and lunch rooms to be provided;

    (b) by notification exempt any factory from the requirements of this section.

(7) CRECHES (Section 48) 

This section intends to provide for a safe accommodation for the infant children of the women workers. In a factory where more than 30 women workers are employed shall be provided:

(i) a suitable room or rooms containing adequate accommodation;

(ii) such room or rooms shall have adequate light and ventilation and shall be maintained in a clean and sanitary condition;

(iii) such room or rooms shall be under the charge of women having adequate training in the care of children and infants.

(iv) Such crèches shall be available for the use of children under the age of 6 years of such womn.

U/S 48 (3) The State Government may make rules 

(a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided; 

(b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing; 

(c) requiring the provision in any factory of free milk or refreshment or both for such 18 at 12 children;

(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.

(8) WELFARE OFFICERS (Section 49)

This section makes a provision for Welfare Officers for a factory employing 500 or more workers. As regards their duties, qualifications etc., these are to be specified by rules which the State Government has been empowered to frame. The State Government have under section 49(2) framed the Factories Welfare Officers Rules, 1949.

(9) POWER TO MAKE RULES TO SUPPLEMENT THIS CHAPTER  (Section 50) 

The section confers on the State Government residuary powers to make rules to supplement the provisions made in this Chapter relating to the welfare of the workers. Rules under this provision may be framed for the following purposes : 

(i) exempting nay factory, class or description of factories form compliance with the provisions.

(ii) securing the association of workers employed in any factory, class or description of factories as to the management of the welfare arrangements provided.