The document provides an overview of the Factories Act of 1948 in India. Some key points:
[1] The Factories Act was passed in 1948 to regulate working conditions and safety in factories. It has been amended several times since to add more protections for workers.
[2] The Act covers health, safety, welfare, working hours and other conditions for workers. It aims to protect workers' safety, health and welfare.
[3] Key responsibilities include those of the occupier/manager to implement the Act's provisions, and inspectors to ensure compliance. Various chapters cover issues like hazardous processes, welfare provisions, and rules for different groups like women and child workers.
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Factories Act 1948 Overview
1. Welcome to the Presentation on
overview of
Factories Act, 1948
presented by
Dr.K.Sunthari
2nd Yr Dph
ICM,MMC
2. HISTORY OF THE LEGISLATION
(THE FACTORIES ACT, 1948)
> than 130Years Old Legislation :
Last two decades of the 18th century, i.e., 1880, 1890, 1900
Conditions :
No control over the conditions of the employment of
workmen employed in industries
Employers used to bargain with the employees
Child employment was predominant in factories
Introduction of machines and new processes lead to
accidents and deaths
There was no stipulated timing of work
3. MAJOR AMENDMENTS WERE CAUSED
DURING 1987
Reasons :
Bhopal Gas tragedy occurred in 1984 (Early hours of
3.12.1984)
Revealed the weakness in the existing law and demanded the
need to amend the law by incorporating special provisions to
deal with chemical industries and for management of
chemical accidents.
Act was overhauled – 1987 (1.12.1987)
Many provisions were introduced;
Penal provisions were revamped
5. INTRODUCTION
In India the first Factories Act was passed in 1881..
Applicable to 100 workers
In 1891 another factories Act was passed
extended to the factories employing 50 or more
workers
6. OBJECTIVES
Regarded as one of the Noble and a Comprehensive
labor legislation which is in force in our country.
Covers all the aspects relating to workers
employed in factories.
Secures - Safety Health
Regulates - Working Hours
Ensures - Annual leaves with wages
Provides - Additional protection
from hazardous processes
Additional protection to
women workmen prohibition of
employment of children
7. THE FACTORIES ACT, 1948 CONT…
The Factories Act, 1948 came into force on the 1st day of
.
April,1949 and extends to the whole of India
It was, in fact, extended to Dadra & Nagar
Haveli, Pondicherry in 1963,
To Goa in 1965 KFR -1969
To the State of Jammu & Kashmir in 1970. The Factories Act
was amended in 1949, 1950, 1954, 1956, 1976 and 1989.
8. FACTORIES ACT, 1948
Provisions envisaged are based on :
ILO convention and recommendations
120 provisions spread-over under 11 chapters
- Constitutional Provisions , 3 schedules
Fundamental Directive
Rights Principles
9. CHAPTERS / SCHEDULE
I.- Preliminary VI.- Working hours of
II.- The Inspecting Staff adults
III.- Health VII.- Employment of young
IV.- Safety
persons
VIII.- Annual leave with
IVA.- Provisions relating to
Hazardous processes wages
IX.- Special provisions
V.- Welfare
X.- Penalties and procedure
XI.- Supplemental
10. APPLICABILITY
Limited jurisdiction – applies to “Factories”
Premises where 10 and more workers;
Manufacturing process, Power
Premises where 20 and more workers;
Manufacturing process;
No power
Act empower state government to declare all or any of the
provisions of the act to apply to any place with an objective
to secure safety, health and welfare
11. Definition of a Factory:-
“Factory”is defined in Section 2(m) of the Act. It means any premises
including the precincts thereof-
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
Whereon 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 on;
But does not include a mine subject or a mobile unit belonging
to the Armed forces of the Union, a railway running shed or a
hotel, restaurant or eating place.
12. RESPONSIBLE PERSONS
OCCUPIER AND MANAGER are the responsible persons
for implementation of the provisions envisaged in the Act.
OCCUPIER means the person who has got the ultimate
control over the affairs of the factory.
After the SC judgment during 1996
MANAGER means a person responsible to the occupier for
the working of the factory. He has to be nominated by the
occupier.
13. FOCUSED AREAS
Dangerous operations
Occupiers responsibility Notifiable diseases
Inspectors responsibility Special provisions relating to
Health hazardous processes
Safety Accidents and dangerous
occurrences
Welfare
Statutory notices, registers
Working hours for adult workers
Right of workers
Annual leave with wages
Obligation of workers
Provisions – strength of workers
Penalties and procedures
Provisions - Women employment
Provisions - Child labor
14. OCCUPIERS RESPONSIBILITY
Notice to chief inspector(15 days before )
Approval of building plan and the machinery layout
Application of registration and grant of license
Renewal of factory license
At a time renewal for 3 years
Obliged to comply with the applicable provisions of the Act
Most importantly he is required to ensure SHE management
at the site without any compromise.
15. RESPONSIBILITIES OF THE MANAGER
Manager is a person appointed by the occupier for the purpose
of the Act.
He is a person responsible to the occupier for working of the
factory for the purpose of the Act.
Specific duties :
To maintain all the statute registers
For submission of returns, accident reports, etc.
To submit notice regarding working on Sunday, over time
works, etc.
Jointly responsible with the occupier in implementing the
applicable provisions of the Act.
16. INSPECTING STAFF(CHAPT II)
Act empowers state Government to appoint persons as
inspectors who possess the prescribed qualifications along
with local limits.(Chief inspectors, Additional
inspectors, joint inspectors,)
Act has prescribed the duties and powers of the inspectors
Deputy Magistrate of the District
Government can notify persons as inspectors - Notification
17. DUTIES OF THE INSPECTOR
He is required to visit the factories which is under the ambit
of the law to check that the applicable provisions are
implemented.
He is required to send a status report in respect of major
accident hazard units
He is required to investigate the accidents
18. CHAP11-SEC9 POWERS OF INSPECTORS
He has got the power to enter to any premises (with
assistants or experts) which he has got reason to believe it
as a factory
He can make examinations of the premises, plant and
machinery to secure SHE
He can direct the occupier to left undisturbed any place till
his enquiries are completed.
He can seize any records, take copies which is required for
the purpose of enforcement
He can take measurements, photographs and make such
recordings which are required for enforcement of Law
He can call for production of any registers or documents
pertaining to his duties from the occupier.
19. CHAP II SECTION10- CERTIFYING SURGEON
DUTIES
The examination and certification of young persons
under this act; (fitness )
The examination of persons engaged in factories in
such dangerous occupations or processes as may be
prescribed;
The exercising of such medical supervisions
Cases of illness have occurred, whether it is due to
the nature of the manufacturing process carried
on, / any new manufacturing process.
Young persons are, or are about to be, employed
in any work which is likely to cause injury to their
health.
20. SECTION 40B. SAFETY OFFICERS( CHAPT IV)
In every factory- wherein one thousand or more
workers are ordinarily employed, or
In the opinion of the State Government, any
manufacturing process or operation is carried
on, which process or operation involves any risk of
bodily injury, poisoning or disease or any other
hazard to health, to the person employed in the
factory.
The duties, qualifications and conditions of
service of Safety Officers prescribed by the State
Government.
21. PROVISIONS RELATING TO HAZARDOUS
PROCESS(CHAPTER IVA)
Constitution of site appraisal committee.
Compulsory disclosure of information by the occupier.
Specific responsibility of the occupier in relation to
hazardous process.
Power of central government to appoint inquiry committee.
Emergency standards.
Permissible limits of exposure of chemical and toxic
substances.
Workers participation in safety management.
Right of workers to warn about imminent danger.
22. PROVISIONS RELATING TO HAZARDOUS PROCESSES
STATE GOVT(CONSTITUTION OF SITE APPRAISAL
COMMITTEES )
The chief inspector of The field of occupational
the state - chairman; health (EXPERT)
A representative of the Town planning dept
CBPCAP Scientist 5 members
A representative of the A representative of the
CBPCWP local authority
A representative of the Not more than 3 other
SBCP AP persons as deemed fit by
A representative of the the state government
SBCP WP Meteorological department
A representative of (GOI)
theDOE)
23. CONSTITUTION OF
SITE APPRAISAL COMMITTEE contd….
This has been set down to guide the Government to consider
for initial location of industries involving hazardous process
at a site.
Composition is defined
Modalities of dealing the issue is defined
This committee consists of various authorities having
expertise, the said committee is required to visualize pros
and cons from establishing industries and is required give its
opinion within 90 days from the date of receipt of the
application
24. RIGHT OF THE WORKERS TO WARN ABOUT
IMMINENT DANGERS SECTION 41H.-
If the workers have reasonable apprehension that there is
likelihood of imminent danger to their lives or health due to
any accident, they may bring to the knowledge of the
occupier and manager directly or through their
representative of the safety committee.
It is the duty of occupier and manager to initiate immediate
necessary action.
If it is disputed, the matter is required to be referred to the
Inspector, whose decision is final in this matter.
Any compromise on these provisions, the punishment under
the Act is very bitter and costly.
25. CHAPT IVSEC 41 G- SAFETY COMMITTEE
Management has to set up a safety committee comprising of
representatives of both management and workers to
bridge cooperation
Composition of the committee is prescribed and the tenure is
also fixed.
Functions are also defined:
Committee should deal with all matter of safety, health
and environment and arrive at practicable solution to the
problems
Undertake educational training and promotional activities
Discuss on reports of safety, environmental and
occupational surveys, safety audits, risk assessments,
disaster management plans and implement the
recommendations made.
26. CHAP V -WELFARE
First-aid-appliances
Shall not be less than one for every one hundred and
fifty workers
Canteens
More than 250 workers
Shelters, rest-rooms and lunch-rooms
More than one hundred
Crèches
Where in more than 30 women workers
Welfare Officers. 500 or more workers
27. SECTION 48. CRECHES(CHAPT V)
In every factory wherein >30 women workers -1 Crèche for below 6
yrs
Such rooms shall provide adequate accommodation, shall be adequately
lighted and ventilated, shall be maintained in a clean and sanitary condition
and shall be under the charge of women trained in the care of children and
infants.
The State Government may make rules-
prescribing the location and the standards in respect of construction
requiring the provision in factories for care of children provision of
facilities for washing and changing their clothing;
requiring the provision in any factory of free milk or refreshment or
both for such children;
requiring that facilities shall be given in any factory for the mothers of
such children to feed them at the necessary intervals.
28. SECTION 49. WELFARE OFFICERS(CHAPT V)
In every 500 or > workers - 1 welfare officers
Workers >than 2000 -1 AWO
The State Government may prescribe the
duties, qualifications and conditions of service of officers
Qualifications; M.labour/social work/B.law
Duties of WO;
To maintain harmonious relations b/w the factory
management and workers/
Help to make labour policies
Act as a liasion officer
Advice on provision of welfare facilities /training
29. WORKING HOURS FOR ADULTS(CHAP VI)
Weekly hours -48 hrs / daily hours;9hrs
Weekly holidays- on first day of the week
Interval for rest - half an hour for 5 hrs
Extra wages for overtime
Spread over – 10½ hours – 12 hours .
Night shifts - holiday for a whole day
Notice of periods of work – contrary is not allowed
Compensatory holidays
Within the month in which the holidays were
due to him or within the two months immediately following
that month
30. – WOMEN WORKERS CHAP VI) SEC66
The conditions are
Written consent
Free transport up to their residence
9 hours of rest after completion of work to the fresh period
of work in the following day
No overtime work
Act bars employment of women workers from 10 pm to 5
am totally/overtime work
Act bars employment of women to clean, lubricate any part
of the equipment
Act bars employment of women workers in hazardous
processes
31. CHILD LABOUR-CHAPTVII
Bars the employment of persons below the age of 14
Act permits the employment of child and adolescent to work
in factories subject to condition of obtaining certificate of
fitness from the certifying surgeon.
Child – more than 14 and less 15;
Adolescent – more than 15 and less than 18
Working hour for child is four and half hours per day
Double employment of child is prohibited
Working hours for adolescent is as that of adult.
Act bars employment of child and young persons on
dangerous machines power press, hydraulic, presses, milling
machine, guillotine machine/dangerous manufacturing
processes.
32. CHAP-VII-ANNUAL LEAVE WITH WAGES
SEC79;
One day for every twenty days
Eligibility :
240 days in a calendar year – his/her service is from
beginning of the calendar year;
2/3rd of the calendar year – his/her service begins in the
middle of calendar year
Issue of leave books
Maintain registers
Any discharge / dismissal – benefit shall be settled
immediately.
33. SEC88 ,88A - ACCIDENT, DANGEROUS
OCCURRENCES AND DISEASES
Fatal
Accidents
Non fatal
Requires reporting to the Inspector
Investigated within one month
To find out causes
Any violations requires legal action
Section 91. Power to take samples .
Section 9lA. Safety and occupational health surveys
34. MAINTENANCE OF REGISTERS
Muster roll
Register of adult workers
Register of leave with wages
Inspection book
Register of accident or dangerous occurrence
Overtime exemption register
Health register
35. -
SECTION 89. NOTICE OF CERTAIN DISEASES
MEDICAL PRACTITIONER REPORT TOCHIEF INSPECTOR
Medical practitioner a)the name and full postal
attends on a person, who is address of the patient,
suffering from any disease (b) the disease from which he
believes the patient to be
specified in the Third suffering,
Schedule without delay (c) the name and address of the
send a report in writing to the factory
office of the Chief Inspector If any medical practitioner fails
stating. to comply with the provisions of
sub-section (2), he shall be
punishable with fine which may
extend to 1000 rupees
36. PENALTY & PROCEDURE CHAP X
SEC 92. GENERAL PENALTY FOR OFFENCES
contraventions penalties
any contravention of the imprisonment for a term which
provisions of this Act may extend to 2 years or with
by occupier or manager of fine which may extend to 1
the factory lakh rupees or with both
fine which may extend to
contravention is continued
Rs.1000 for each day on which
after conviction the contravention is so
continued.
37. PENALTY & PROCEDURE CHAP X CONTD…..
contraventions penalties
contravention of any of fine shall not be less than
the provisions resulted in rs.25000
an accident causing
death .(chap 4,87)
Rs. 5000
serious bodily injury
38. SECTION 94. ENHANCED PENALTY AFTER
PREVIOUS CONVICTION
contravention penalties
contravention Of the same imprisonment - 3 years or with
provision(92) fine, not < 10000 rupees but
which may extend to 200000
rupees or with both
contravention of any of the fine shall not be less than
the provision resulted in 35000 rupees
an accident causing death
(chapiv,sec87)
serious bodily injury 10000rupees
39. PENALTY & PROCEDURE CHAP X CONTD…..
Section 95. Penalty for imprisonment 6 months or
obstructing inspector with fine 10000 rupees or
with both.
96. Penalty for imprisonment 6 months or
wrongfully disclosing with fine 10000 rupees or
results of analysis with both.
under section 91
40. PENALTY & PROCEDURE CHAP X CONTD…..
Section 96A. Penalty for imprisonment for 7 years and
contravention of the with fine which may extend
provisions of sections to 200000 rupees
41B, 41C and, 41H
additional fine 5000 rupees for
in case the failure or
every day during which such
contravention continues,
failure or contravention
continues.
contravention continues
beyond a period of 1 year after
the date of conviction, imprisonment 10 years.
41. PENALTY & PROCEDURE CHAP X CONTD…..
Sec 97. Offences by workers
workers contravenes any
provision of this Act 500 rupees
imprisonment for 2 months or
Sec 98. Penalty for using false
certificate of fitness with fine to 1000 rupees or
with both.
1000 RS fine
sec99. Penalty for permitting
double employment of child
42. SECTION 106 : LIMITATION OF PROSECUTION
date of alleged offence within three months
came to knowledge of an
Inspector:
written order made by an
six months of the date of
Inspector which the offence is alleged
to have been committed
43. DISPLAY OF NOTICES
CHAP X1 section 108;
Notice of periods of work
An abstract of the act and rules
Cautionary notices
Safety posters
Name of the Inspector
Name of the certifying surgeon
RETURNS TO BE SUBMITTED
CHAP X1 section 110
Annual return
Half yearly return
Accident return
44. DANGEROUS MANUFACTURING PROCESSES
Manufacture of aerated waters and processes
Electrolytic plating or oxidation of metal articles by use of
electrolyte
Glass manufacture
Grinding or glazing of metals
Manufacture and treatment of lead
Generating petrol gas from petrol
Cleaning of smoothening, roughening of articles by a jet of
sand, metal shot or grit or other abrasive propelled by blast of
compressed air or steam
Act stipulates the permissible levels of certain chemical
substances at the work environment .
45. LIST OF NOTIFIABLE DISEASE
1 Lead poisoning 13.Poisoning by halogen or halogen
2 Lead tetra ethyl poisoning derivatives
3 Phosphorous poisoning 14Pathological manifestation –radiation
xrays
4 Mercury poisoning
15 Primary epitheliomatous cancer
5 Manganese poisoning
16Toxic anemia
6 Arsenic poisoning
17Toxic jaundice due to poisonous
7 Poisoning by nitrous fumes substances
8 Carbon disulfide poisoning
18Oil acne or dermatitis due to mineral oil
9 Benzene poisoning
19Byssionosis
10Chrome ulceration
20Asbestosis
11Anthrax
21Occupational or contact dermatitis due
12Silicosis to chemical or paints
46. LIST OF NOTIFIABLE DISEASE contd….
22 Noise induced hearing loss
23 Beryllium poisoning
24 Carbon monoxide poisoning
25 Coal miners pneumoconiosis
26 Phosgene poisoning
27 Occupational cancer
28 Isocyanides poisoning
29 Toxic nephritis
Any diagnosis reveals about the contractment of any of the
disease shall be immediately intimated by the Factory Manager.
The said contractment of disease may be enquired by appointing
competent person by the state government.
47. CHAP IX- SEC 111 A RIGHT OF WORKERS
Every workers shall have the right to
Obtain from the occupier, information relating to workers
health and safety at work
Get trained within the factory wherever possible, or to get
himself sponsored by the occupier for getting trained at a
training centre or institute, duly approved the Chief Inspector
of Factories, where training is imparted on safety, health and
welfare.
Represent to the Inspector directly or through his representative
in the matter of inadequate provisions for protection of his
health or safety in the factory.
48. CHAPT IX-111 OBLIGATION OF WORKERS
No worker in a factory
• Shall willfully interfere with or misuse any appliance,
convenience or other thing provided in a factory for the
purposes of securing the health, safety or welfare of the workers.
• Shall willfully and without reasonable cause do any thing likely
to endanger himself or others and
• Shall willfully neglect to make use of any appliance or other
thing provided in the factory for the purposes of securing the
health or safety of the workers.
If any of the workers employed contravened any of the said
provision, he shall be punishable with imprisonment for a
term, which may extend 3 monthst or fine one hundred rupees or
both.
49. THE FACTORIES (AMENDMENT) BILL, 2005.
The principle act restricts the employment of women in
factories in night shifts.
The bill authorities state governments to remove the
restriction
Subject to certain safeguards
50. THE FACTORIES (TN .AMENDMENT ACT
1987)
Insertion of new 7-AA:occupier of match /fireworks
factory to insure workers
Insure every worker not<50000
If not cancellation of licence granted under this act
51. PROPOSED AMENDMENTS 2011
In pursuance of the orders of the prime ministers office, the Ministry
of Labour &employment notified constitution of an Expert Committee
to examine the amendments to the Factories Act, 1948, vide order
dated December 30, 2010
The composition of the Committee was as under :-
Chairperson
Dr. Narendra Jadhav
Member, Planning Commission
Dr. Kaushik Basu Member
Chief Economic Adviser, Ministry of Finance
Shri Prabhat C. Chaturvedi
Member Secretary,
Ministry of Labour & Employment
52. PROPOSED AMENDMENTS-52
Horse power------------kilowatts power the words―
The term ― hazardous process be redefined as a process in
11.
which a hazardous substance is used
Hazardous substances shall be substituted for the words
―chemical, toxic, or any other harmful substances
Section 18. Drinking water
Every factory, provision shall be made for cool and safe
drinking water during hot weather
Section 22: Work on or Near Machinery in Motion.—
words ―pregnant woman or a person with disability‖ shall
be substituted;‖
53. PROPOSED AMENDMENTS- cont….
Section 27: Prohibition of Employment of Women and
Children near Cotton-openers - ―No young person or
pregnant woman or a person with disability
sec 41d prevention and recurrence the words ―prevention of
recurrence‖ shall be substituted.
sec41e Directorate General, Factory Advice Service and Labour
Institutes, the words ―Directorate General Occupational Safety
and Health shall be substituted
sec 41 f threshold limit of exposure , the words ―limits of
exposure of chemical shall be substituted.
Section 106 : Limitation of prosecution
three months the words ―one year shall be substituted
54. PROPOSED AMENDMENTS- CONT….
shelter-number of workers should be 75 or more instead of 50
or more proposed
women work-The Expert Committee was of the view that the
existing timing of 6 A.M to 7 P.M may be retained and the
amendment proposed may be deleted
Annual leave wage 1 day for every 20 days ―240 the words
―90 may be substituted
55. SECTION 92. GENERAL PENALTY FOR OFFENCES.-
contraventions
penalties
any contravention of the imprisonment to 2 years or
provisions of this Act by with fine which may extend
occupier or manager of the to 3 lakh rupees or with both
factory
fine which may extend to
contravention is continued 2000 rupees for each day on
after conviction which the contravention is so
continued.
56. CONTRAVENTION OF THE SAME PROVISION IF
CONTINUED
in case of contravention of imprisonment - 1 year or fine-
sub-section (1) of section which shall not be less than
92A, ii) 40000 but which may extend
to 500000 rupees or with
both
in case of contravention of
imprisonment to 6 months or
sub-section (2) of section with fine which may extend
92A, to 500rs or with both;
57. SECTION 94. ENHANCED PENALTY AFTER
PREVIOUS CONVICTION
contravention penalties
contravention Of the same imprisonment 3 years or with
provision fine, 10000---200000 rupees
but which may from40000 to
600000 rupees or with both; ,
contravention of any of the the fine shall not be less than
provision resulted in an 100000 rupees
accident causing death
serious bodily injury 100000rupees
58. PENALTY CONTD…..
Section 95. Penalty for imprisonment 6 months or
obstructing inspector with fine 30000 rupees or
with both.
96. Penalty for wrongfully imprisonment 6 months or
disclosing results of with fine 30000 rupees or
analysis under section 91 with both.
inspector
Sec 98. Penalty for using rs.3000 or imprisonment for 2
false certificate of fitness months or with fine
59. PENALTY CONTD…..
Section 99. Penalty for
permitting double
employment of child 3000 RS fine
Section 97. Offences by
workers
workers contravenes any 1500 RS fine
provision of this Act
Section 96-A. Penalty for
contravention of the
provisions of Section 41-B, 41-C RS.2lakhs------6 Lakhs
and 41-H 5000--------15000/day
60. PROPOSED CHANGES INSCHEDULE
FORMS, REGISTERS, REPORTS
First Schedule may be omitted. Simplifications
of Forms, Registers, Reports and Returns to be
submitted
Old form no 31 merged & some deleted
New form ----8 in no
61. CAREFUL EXAMINATIONS OF THE
PROVISIONS OF THE ACT REVEALS THAT
Act
mandates the requirement of high degree of safety and
health awareness at the site
stipulates welfare measures in addition to regulation of
working hours.
designed to protect the huge community who are exposed
to high degree of risks and hazards
not only protect the persons inside the premises in
particular but also the environment in general
provides certain rights and highlights the obligations of
the workers.
The occupier and manager carry vicarious responsibilities
62. RATE OF ACHIEVEMENT
Though many legislation are in force
Not much is accomplished
REASONS
Scanty respect for the Law
Misconception - Proposition involves in huge expenditure
Lack of appreciation of the hazards
Subject is very bland
Misconception - accident is the act of God - Can not be
prevented
Laxity in behavioral change
63. IS IT REQUIRED?
Protected
Market
Competitive
To thrive, industry is required to produce
• High quality of goods
• Goods with less cost
Many parameters influence this;
Safe and healthy environment is also one amongst the
parameters.
65. HOW TO ACCOMPLISH?
Top management should have very strong commitment to ensure
safety and health at the workplace.
Implementation of safety is not only a few persons’ job
Everybody should think that individually and collectively
It is not one time affair, it is continuous and constant
Middle management should carry the mission and vision of the top
management to the grass root level.
Continuous effort of providing IEC on safety and health needed
strong behavioral attitude towards safety
Everybody should required to observe and follow safety without any
excuses.
66. RESULT - HAPPINESS EVERYWHERE
To be in this beautiful world -
One should work safely