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S.S. Jain Subodh Law College, Jaipur

Affiliated to
Dr. Bhimrao Ambedkar Law University

(2024-2025)
“Comparative study of provisions related to Woman under the MB
and Factories Act’’

Submitted to: Mr. Manoj Jain Submitted by: Shilpa Sharma

Subject: Labour Law Semester: VI

DECLARATION BY THE STUDENT

I hereby declare that the work reported in the project entitled, “Comparative

study of provisions related to Woman under the MB and Factories Act”,

submitted to S.S. Jain Subodh Law College, Jaipur is an authentic record of my

work carried under the supervision of Mr. Manoj Jain. It is further certified that

there is no plagiarism in this work. I further attest that I am fully responsible for its

content.

(Signature of the Scholar)

Name: Shilpa Sharma

Place: Jaipur, Rajasthan

Date: 15 August
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SUPEVISOR’S CERTIFICATE

This is to certify that the work reported in the project entitled, “Comparative

study of provisions related to Woman under the MB and Factories Act”,

submitted to S.S. Jain Subodh Law College, Jaipur is a bonafide record of her

original work carried under my supervision. It is further certified that there is no

pilagiarism in it. This work is being recommended for further evaluation by the

external examiner.

(Signature of the Scholar)

ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and

assistance from many people and I am extremely fortunate to have got this all

along the completion of my assignment work. I respectfully thank MS for giving

me this assignment work and providing me all support and guidance which made

me to complete the assignment on time.

Secondly, I would like to thank my parents and friends who helped me a lot in

finalizing this project within limited time.

SHILPA SHARMA
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INTRODUCTION

In the small scale industry large numbers of workers are unorganised and there are many acts

which are implemented only on organised work force like Trade Unions. Other registered

workers associations can be eligible for collective bargaining and only those workers who can

participate in negotiation with management. Unorganised workers who have been neglected but

the objectives of Factory Act is different from all labour laws, the Act emphasis only on the

health, safety and welfare of individual worker and don’t create any discrimination between

organized or unorganized work force. This act is applicable on the whole India, it covers all

manufacturing processes and establishments falling within the definition of ‘factory’ in the

Factory Act- 1948. So this study can be useful for unorganised workers and their welfare of

small scale unites and there welfare and their legal applicability not only in India but all over

India.
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CHAPTER-1

Factories Act and its provisions regarding working conditions.

According to Factory Act there are specific well defined provisions about the working

conditions. We have considered each provision as factors of working conditions we have also

asked the question from respondents through questionnaire on the same. So the theoretical

factors of labours working conditions are as follows: Precautions regarding health of workers in

the factory, Precautions regarding safety of workers in the factory, Policy and provisions

regarding welfare of worker, Special privilege to women and children,

Small-Scale Industries:

These are the industrial undertakings having fixed investment in plant and machinery.

Ownership of small scale unit is with one individual in sole-proprietorship or it can be with a few

individuals in partnership. These units are managed in a personalised fashion. The owner is

activity involved in all the decisions concerning business. The area of operation of small units is

generally localised catering to the local or regional demand. The overall resources at the disposal

of small scale units are limited and as a result of this, it is forced to confine its activities to the

local level. Small industries are fairly labour intensive with comparatively smaller capital

investment than the larger units. Even though there are laws against discrimination women still

face discrimination sometimes, especially in work which is usually seen as a men’s job such as

working in factories or mines. As stated in Article 15 of The Constitution of India, there will be

no discrimination based on gender in anything. Yet some women face discrimination while

working in factories.
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The Factories Act, 1948 (Chapter V)

Incorporates provisions to ensure the welfare of women workers. These include the

establishment of canteens, restrooms, first aid boxes, facilities for sitting, washing, storing, and

drying cloths, and crèches for women workers within the factory premises. These welfare

measures aim to provide a favorable and comfortable working environment for women,

addressing their specific needs for health, hygiene, and childcare.

The Building and Other Construction Workers (Regulation of Employment and Conditions

of Service) Act, 1996, mandates comprehensive welfare measures for women construction

workers. These measures include provisions for first aid facilities to address immediate health

needs, the availability of clean, accessible, and separate toilets to ensure sanitation, the

establishment of canteens to provide food during working hours, the provision of crèches for the

childcare, and the provision of restrooms to facilitate a comfortable working environment. The

Act enhances the overall well- being and working conditions of women construction workers by

ensuring access to essential amenities and services at construction sites. (Under BOCW cess

fund, there is provision of Maternity benefit. This may also be added).

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 requires that every

industrial premises where female employees more than the specified number are ordinarily

employed, a suitable room or rooms for the use of children under the age of six years of such

female employees shall be provided and maintained. Such room(s) shall be provided with

adequate accommodation, be adequately lighted and ventilated, maintained in a clean and

sanitary condition and be under the charge of women trained in the care of children and infants.
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The Maternity Benefit Act, 1961, is a crucial legislation that ensures the health and well-being of

women workers throughout pregnancy and childbirth. This act facilitates not only maternity

leave but also emphasizes the provision of nursing breaks for women employees. These breaks

are designed to allow mothers to attend to the needs of their infants, promoting breastfeeding and

maternal care. Employers are required to provide these facilities and breaks to support the overall

health and well-being of women.

The Factories Act, 1948 (Chapter III) mandates comprehensive health measures in

factories, with specific provisions catering to the well-being of women workers. It outlines

stringent requirements for maintaining cleanliness, ventilation, lighting, drinking water, and

sanitation facilities to create a healthy and conducive working environment specifically for

women. The Act necessitates the appointment of a qualified medical practitioner dedicated to

addressing the unique health needs of employees. Furthermore, it imposes the obligation of

periodic health check-ups tailored specifically to address the health concerns and conditions

affecting women workers, ensuring their overall well-being within the industrial setting.

Safety Provisions

The Factories Act, 1948 (Chapter IV) specifies safety measures for women workers,

encompassing restrictions on working near cotton openers, prohibition from cleaning,

lubricating, or adjusting any part of a machine while it is in motion, and not allowing them to lift
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excessive weights. In addition to these specific provisions, the Act also mandates generic safety

measures applicable to both women and men workers, including the fencing of machinery near

which they work, regulations for work on or near machinery in motion, and precautions against

hazardous processes. The Sexual Harassment of Women at Workplace (Prevention, Prohibition,

and Redressal) Act, 2013, plays a pivotal role in fostering a safe and secure working

environment by actively preventing and addressing instances of sexual harassment in the

workplace, which indirectly contributes to enhancing women’s participation in the workforce.

One of its key provisions is the mandatory creation of Internal Complaints Committees (ICCs)

within organizations. These committees are responsible for addressing complaints related to

sexual harassment and ensuring a fair and confidential process for redressal. The ICC comprises

both internal and external members, including a presiding officer, representatives from among

employees, and a member from a non- governmental organization or association committed to

women’s rights. The Act outlines the procedures and timeframes for the resolution of

complaints, promoting a workplace culture that prioritizes the dignity and well-being of women

employees. The POSH act also mandates that the district administration must constitute a Local

Complaints Committee (LCC) in each district to focus on cases where the complaints are lodged

against the employer them self or in case of units with less than 10 employees where ICC is not

constituted.
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Social Security Provisions

The Employee State Insurance (ESI) Act, 1948, extends comprehensive social security benefits

to both women and men workers. It ensures their well-being by providing various benefits,

including medical and cash benefits in instances of sickness, maternity, disablement, or death.

The cash benefit ensures that women workers, in particular, receive support and financial

assistance during periods of sickness and maternity. Under this Act, registered employees,

including women workers, and their dependents are entitled to medical benefits. These benefits

cover the costs of medical care, including outpatient and inpatient treatment, maternity care, and

related services. The Employees’ Provident Funds (EPF) and Miscellaneous Provisions Act,

1952 ensures the establishment of a provident fund for social and financial security and

retirement benefits for all eligible employees, regardless of gender. The Act applies to both

women and men workers, providing them with a savings mechanism to accumulate funds for

retirement. Under this Act, both the employer and the employee make contributions to the

provident fund, creating a pool of savings that can be utilized by the employee upon retirement,

or in case of certain contingencies such as disability.

Provisions Related to Wages

The Payment of Wages Act, 1936, plays a pivotal role in safeguarding the rights of workers

especially for women workers by specifying the timing and mode of wage payments. This act

outlines the frequency of wage disbursement, ensuring that employees receive their wages

regularly and in the prescribed manner. By providing a legal framework for wage payments, the

act promotes financial stability for workers, particularly important for women supporting

themselves and their families

The Minimum Wages Act, 1948, is a crucial piece of legislation that ensures the fixation and

periodic revision of minimum wages for various categories of employment. This ensures that

every worker, regardless of gender, receives remuneration commensurate with the nature of their

work, skills, and prevailing economic conditions. The Act helps establish a baseline standard of

living for labourers and seeks to prevent exploitation by setting a floor wage that employers must

adhere to that prevents exploitation and guarantee that women receive fair remuneration for their

work.

Equal Remuneration Act, 1976: The Equal Remuneration Act, 1976, is a significant legislation

designed to eliminate gender-based wage discrimination. This act prohibits any form of
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discrimination in wages based on gender and emphasizes the principle of equal pay for equal

work and ensures women receive the same remuneration for identical or similar work.

The Act promotes fairness, nondiscrimination, and equal opportunities for both male and female

workers, fostering a more equitable work environment.

Provisions Related to Industrial Relations

Trade Unions Act, 1926: Recognizes and upholds the right of workers to freely form and actively

participate in trade unions, enabling collective bargaining activities. The Act ensures that all

workers have equal opportunities to voice their concerns, contribute to negotiations, and

participate in union activities, thereby promoting gender inclusivity within the trade union

framework

Industrial Disputes Act, 1947: Specifically addresses the rights and concerns of all workers by

providing comprehensive mechanisms for the settlement of industrial disputes. The Act outlines

procedures that cater to the unique needs and circumstances of women, including provisions

related to their job security during maternity periods. Additionally, it establishes regulations

governing layoff procedures, ensuring that women workers are protected from discriminatory

practices.

Provisions Related Working Hours

The Factories Act, 1948 (Chapter VI) comprehensively regulates working hours and ensures

provision for weekly holidays, intervals for rest, and overtime pay to all factory workers.

Specifically addressing the needs of women workers, it imposes restrictions on their employment

during certain hours, particularly during the night. Furthermore, the Act recognizes the

importance of the well-being of workers by providing provisions for compensatory holidays.

Under state-specific Shops and Establishments Acts, which govern working hours and conditions

in shops and other commercial establishments, further provisions of this act also address the

specific needs and concerns of women employees. These provisions include considerations for

rest intervals, suitable working conditions, and other safeguards to promote the overall health,

safety, and welfare of women workers in shops and other commercial establishments

New Provisions under Various Labour Codes

The Occupational Safety, Health, and Working Conditions Code, 2020, incorporates provisions

to address the occupational safety, health, and welfare of workers including women workers. It

emphasizes creating a secure and healthy working environment, considering the unique health

considerations of women. The code includes provisions aimed at promoting the well-being of

women, such as mandatory health checkups. Employers are required to facilitate free-of-cost

health checkups on an annual basis for all workers.

BIBLIOGRAPHY

REFRENCES:

1. K.D. Srivastava

https://blog.ipleaders.in/womens-rights-labour-law-statutes-india/
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