Factories Act 1948

What is a factory?

-> A premises whereon 10 or more

persons are engaged if power is used, or
20 or more persons are engaged if
power is not used, in a manufacturing
process. [section 2(m)].

Objective of the Act

? The Act has been enacted primarily

with the object of protecting workers
employed in factories against industrial
and occupational hazards.
? For that purpose, it seeks to impose
upon the owner or the occupier certain
obligations to protect the workers and
to secure for them employment in
conditions conductive to their health
and safety

Applicability of the Act

At any place wherein manufacturing process is

carried on with or without the aid of power
or is so ordinarily carried on, not with standing that:

? The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without
the
aid of power, or
? The persons working therein are not
employed by the owner thereof but are
working with the permission of, or under
agreement with, such owner.

What is a manufacturing
process?

Manufacturing process means any process for-

? (i) making, altering, repairing, ornamenting, finishing, packing,
oiling, washing, cleaning, breaking up, demolishing, or
otherwise treating or adapting any article or substance with a
view to its use, sale, transport, delivery or disposal; or
? (ii) pumping oil, water, sewage or any other substance; or
? (iii) generating, transforming or transmitting power; or
? (iv) composing types for printing, printing by letter press,
lithography, photogravure or other similar process or book
binding
? (v) constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels;
? (vi) preserving or storing any article in cold storage.

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 Factories Act 1948
? [section 2(k)].

Who is a worker?

? A person employed in any

manufacturing process or cleaning or
any work incidental to manufacturing
process.
? A person employed, directly or by or
through any agency with or without
knowledge of the principal employer.
? Whether for remuneration or not.
? Relationship of master & servant
? [section 2(l)]

Definitions[Sec.2]

? ?Adult? means a person who has

completed his eighteenth year of age
? ?Adolescent? means a person who has
completed his fifteenth year of age but
has not completed his eighteenth year
? ?Child? means a person who has not
completed his fifteenth year of age
? ?Young person? means a person who is
either a child or an adolescent

Definitions[Sec.2]

? ?Day? means a period of twenty-four hours beginning at midnight;

? "week" means a period of seven days beginning at midnight on Saturday night
? ?Calendar year? means the period of twelve months beginning with the first day of January in any year
? ?Power? means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or
animal agency;
? ?Prime mover? means any engine, motor or other appliance which generates or otherwise provides power

Who is the occupier?

? The person who has ultimate control

over the affairs of factory.
? It includes a partner in case of firm and
director in case of a company.
? In case of Government company,
'occupier' need not be a director. In
that case, person appointed to manage
affairs of the factory shall be occupier.
[section 2(n)]

Approval, Licensing &

Registration Of Factories[sec.6]

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 Factories Act 1948
? Making an application to the Government or Chief
Inspector , along with the duly certified plans and specifications required by the rules,
? Sent to the State Government or Chief Inspectors by registered post,
? And no order is communicated to the applicant within 3 months from the date on which it is so sent, the permission deemed to be
granted.
? If the application is rejected appeal can be made to the government within 30 days of the date of such rejection

Notice by Occupier[sec.7]
The occupier shall, at least 15 days before he begins to occupy or
use any premises as a factory, send a notice to the Chief
Inspector containing-
? (a) The name and situation of the factory;
? (b) The name and address of the occupier;
? (c) The name and address of the owner of the premises
? (d) The address to which communications relating to the
factory may be sent;
? (e) The nature of the manufacturing process;
? (f) The total rated horse power installed or to be installed in the
factory;
? (g) The name of the manager of the factory for the purposes of
this Act;
? (h) The number of workers likely to be employed in the factory;
? (i) Such other particulars as may be prescribed

General duties of the Occupier

? Occupier shall ensure, the health, safety

and welfare of all workers while they
are at work in the factory.
? Every occupier shall prepare, a written
statement of his general policy with
respect to the health and safety of the
workers.
? Bring such statement and any revision
thereof to the notice of all the workers

The Inspecting Staff[Sec.8]

? State government may appoint Chief

Inspector, Additional Chief Inspectors,
Joint Chief Inspectors, Deputy Chief
Inspectors, and Inspectors.
? Prescribe their duties and
qualifications
? Every District Magistrate shall be an
Inspector for his district
? Every inspector is deemed to be a
public servant within the meaning of
the Indian Penal Code

Powers of Inspectors[sec.9]

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 Factories Act 1948

? Enter factory premises for investigation

? Examine the premises
? Inquire into any accident or dangerous occurrence
? Require the production of any prescribed register or document
? Seize, or take copies of, any register, record or other document
? Take measurements and photographs and make such recordings
? Exercise such other powers as may be prescribed
? No person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself

Certifying Surgeon[Sec.10]

? State Government may appoint qualified medical practitioners to be certifying surgeons

? Duties of surgeons
? (a) the examination and certification of young persons under
this Act;
? (b) the examination of persons engaged in factories in such dangerous occupations or processes
? (c) supervising the factories where
? (i) cases of illness have occurred which are due to the nature of the manufacturing process or
? (ii) due to manufacturing process there is a likelihood of injury
to the health of workers or
? (iii) young persons are employed in any work which is likely to
cause injury to their health.

Health Provisions[Sec.11-20]

? Chapter III of Factories Act contain

details regarding health of workers. Let
us discuss these provisions?

Cleanliness[sec.11]
? The working conditions should be clean
and safe.
? Clean the floor at least once a week by
washing, or by some effective method.
? Effective means of drainage shall be
provided.
? White wash every 14 weeks
? Paint / varnish every 5 years

Disposal of wastes and effluents

[sec.12]

? There should be proper arrangements

or disposal of wastes and effluents.
? Follow state govt. rules?

Ventilation & Temperature

[sec.13]

? Proper level of ventilation temperature

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 Factories Act 1948
and humidity must be maintained.
? Make provisions for reducing excess
heat.

Dust and fume[sec.14]

? Effective measures should be taken to

prevent inhalation or accumulation of
dust & fume.
? If any exhaust appliance is necessary
for, it shall be applied as near as
possible to the point of origin of the
dust, fume or other impurity.

Artificial Humidification[sec.15]

? Factories in which the humidity of the

air is artificially increased(like in textile
units), keep it in limits.
? The water used for artificial
humidification to be clean.

Overcrowding[Sec.16]

? 14.2 cubic metres space per worker.

While calculating this space, space
above the worker beyond 4.2 meters
will not be taken into account.
? Notice specifying the maximum
number of workers, which can be
employed in any work room shall be
displayed in the premises.

Lighting[Sec17]

? Sufficient & suitable lighting in every

part of factory. There should natural
lighting as far as possible.
? All glazed windows and skylights used
for the lighting of the workroom shall
be kept clean.
? Formation of shadows to such an extent
as to cause eye-strain or the risk of
accident to any worker shall be
prevented.

Drinking water[Sec.18]

? There should be drinking water

(wholesome water)
? Drinking points to be marked as

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 Factories Act 1948
drinking water. They should be at least
6 meters away from wash room/urinal/
latrine/spittoons.
? If >250 workers are working, then have
cool water facility also.

Latrines and Urinals[Sec.19]

? There should be separate ? for male

and female.
? Proper cleaning should be there.

Spittoons[Sec.20]

? There should be sufficient number of

spittoons.
? No person shall spit within the premises
of a factory except in the Spittoons provided for the purpose
? Whoever spits in contravention shall be
punishable with fine not exceeding five
rupees.

Safety of Worker[Sec.21-41]

? CHAPTER IV DEALS WITH

SAFETY OF WORKERS?

Fencing of Machinery[Sec.21]

? Every dangerous parts must be

securely fenced.
? The State Government may by rules
prescribe such further precautions.

Machines in motions[Sec.22]

? Examination of machinery in motion

only by a specially trained adult male
worker wearing tight fitting clothing.
? No women or child should be allowed to
work.

Employment of young persons

on dangerous machines[Sec.23]

? No young person should be allowed to

work on dangerous machines (unless he
has been trained, and is under
supervision).
? Young person = 14 to 18.

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 Factories Act 1948
Striking gears[Sec.24]

? There should be suitable striking gears

etc. to switch off the power, so that if
there is any emergency, problem can be
solved.

Self acting machines[Sec.25]

? Make sure that no person should walk

in a space within 45 cm from any fixed
structure which is not a part of
machine.

Casing of new machines[Sec.26]

? All machinery driven by power &

installed should be so sunk, encased or
otherwise effectively guarded as to
prevent danger.

Cotton openers[Sec.27]

? No women and children are allowed to

work on cotton openers.

Hoists and lifts[Sec.28]

? Every hoist and lift should be in good

condition, and properly checked.
? The maximum load it can carry ? must be clearly mentioned.
? The gates should be locked by
interlocking / safe method (it should not
open in between).
? To be properly examined in every 6
months.

Lifting machines, chains, ropes &

lifting tackles[Sec.29]

? Cranes & lifting machines, etc. to be of

good construction & to be examined
once in every 12 month.
? Cranes and lifting machines not to be
loaded beyond safe working load.
? Cranes not to be approach within 6
metres of a place where any person is
employed or working.

Revolving machines[Sec.30]

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 Factories Act 1948
? Maximum safe speed must be
mentioned for each machine.
? Speed indicated in notices should not to
be exceeded.

Pressure plant[Sec.31]

? There should be safe working pressure

on pressure plants.
? Effective measures should be taken to
ensure that the safe working pressure is
not exceeded.

Floors, Stairs etc.[Sec.32]

? All floors, steps, stairs, passages &

gangways should be of sound
construction & properly mentioned.

Pits, sumps, openings in floors

etc.[Sec.33]

? Pits, sumps etc. should be securely

covered or fenced.

Excessive weights[Sec.34]

? No person should be employed to hold

more weight than the person can hold.

Protection of eyes[Sec.35]

? Provide goggles if workers have to

work on something stretching to the
eyes.

Dangerous fumes etc[Sec.36]

? Prohibited to employ workers in places

where dangerous gas / fume is present.
? Practicable measures should be taken
for removal of gas, fume, etc.

Portable electric light[Sec.36A]

? It should not be above 24 volts

Explosive or inflammable dust,

gas, etc.[Sec.37]
? Take all measures for safety and to
prevent explosion on ignition of gas,
fume etc.

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 Factories Act 1948

Precautions in case of
fire[Sec.38]
? There should be separate exit for cases
of fire.
? There should be facilities for
extinguishing fire.

Role of inspector[Sec.39,40]
? Section 39, 40 and 40A talk about various roles that have been assigned to the inspector.
? He may call for details regarding building, machines etc.

Safety officer[Sec.40B]
? If 1000 or more workers are employed,
appoint a separate safety officer.

Power to make rules to

supplement the above
provisions[Sec.41]

? The State Government may make rules

requiring the provision in any factory
of such further devices & measures for
securing the safety of persons employed
therein as it may deem necessary.

Welfare Provision[Sec.42-50]
? Chapter V
? There are a number of provisions in the
factories act regarding welfare facilities
for the workers.

Welfare Issues
? Washing facilities(Sec 42)
? Facilities for, storing & drying clothes(Sec43)
? Facilities for sitting(Sec 44)
? First aid appliances(Sec 45)
? Canteen( Sec46)
? Rest room, shelters, lunch room( Sec 47)
? Creches (Sec 48)
? Welfare Officers(Sec 49)
? Power to make rule(Sec 50)

Washing facilities[Sec.42]
? There should be washing facilities in
every factory for the workers?separate for
male and female workers-properly
screened.
? conveniently accessible and shall be kept clean.

Facility for storing and drying of

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 Factories Act 1948
clothing[Sec.43]
? There should be facility so that worker
can place their cloth not worn during the
manufacturing process.
? There should be facility so that worker
can dry their wet cloth.

Facilities for sitting[Sec.44]

? Suitable arrangements for sitting shall
be provided and maintained for all
workers obliged to work in a standing
position
? If the worker can do the work by
sitting, - there should be sitting
arrangement for the worker.

First-aid appliances[Sec.45]
? There should be at least 1 first aid box
for every 150 workers.
? It should have the prescribed contents.
? A responsible person should hold a
certificate on first aid treatment.
? An ambulance room should be there if
the number of workers is more than
500.

Canteen[sec.46]
? If the number of workers is more than
250, the govt. may make rules for
canteen.
? The govt. may make rules regarding
foodstuff, construction, furniture,
equipment of the canteen.

Shelter, rest room, lunch

room[Sec.47]
? When 150 workers are working, there
should be rest rooms, lunch room, etc.
? Such places should be having drinking
water facilities etc.

Creches[Sec.48]
? If the number of women workers is
more than 30, there should be the
creches.
? It should be sufficiently lighted,
ventilated & to be under the charge of
trained women

Welfare Officer[Sec.49]
? If the number of workers is 500 or

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 Factories Act 1948
more, there should be a welfare officer
to look after the welfare of the workers.

In Nutshell
? Crèche - > 30 women workers
? Restroom / shelters and lunch room - > 150
workmen
? Cooled drinking water - > 250 workers
? Canteen - > 250 workers
? Ambulance room ? Doctor, Nurse and Dresser cum
compounder - > 500 workers
? Welfare officer - > 500 workers
? Lady welfare officer - > more nos. of women workers

Working hours Of Adults

? Chapter VI
? The rule as to the regulation of hours of
work of adult workers in a factory and
holidays.

Working Hours
? Sec.51-Weekly hours not more than 48
hours a week
? Sec.52-First day of the week i.e. Sunday
shall be a weekly holiday
? Sec.53-Compensatory holidays
? Where a weekly holiday is denied he
shall be allowed to avail the
compensatory holiday within a month.

Spread over[sec.56]
? Inclusive of rest intervals they shall not
spread over more than 10-1/2 hours in
any day
? Inspector may increase the spread over
up to 12 hours.

Night Shifts[Sec.57]
? If shift extends beyond midnight , a
holiday for him will mean a period of
24 hours beginning when his shift ends.

Prohibition Overlapping
Shifts[Sec.58]
? Work shall not be carried in any
factory by means of system of shifts so
arranged that more than one relay of
workers is engaged in the work of same
kind at the same time.

Extra Wages for

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 Factories Act 1948
Overtime[Sec.59]
? If workers work for more than 9 hours
a day or more than 48 hour a week,
extra wages should be given.
? Wages at twice the ordinary Rate.

Restriction on Double
Employment[Sec.60]
? No worker is allowed to work in any
factory on any day on which he has
already been working in any other
factory

Notice of periods of work for

Adult Workers[Sec.61]
? Notice to be displayed at some
Conspicuous place.
? Periods to be fixed beforehand
? Classification of workers-Groups.
? Copy of Notice in Duplicate & any
change to be sent to Inspector.

Register of Adult
Workers[Sec.62,63]
? The manager should maintain Register
of Adult workers showing-
- Name
- Nature of work
- The Group etc.
Of each & every Adult Worker in the
factory.
? The Register shall be available to the
Inspector at all time during working
hours.

Employment of young persons

Prohibition of employment of
young Children[Sec.67]
? No child who has not completed his 14th
year allowed to work in Factory.

Non-Adult workers to Carry

Tokens [Sec.68]
A child who has completed his 14th year
may be allowed to work in factory if:-
? a) a certificate of fitness for such work
is in custody of manager of factory.
? b) Such child or adolescent carries , a
token giving a reference to such
Certificate.

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 Factories Act 1948

Certificate of fitness
? Is a certificate issued by a certifying surgeon
after examining him & ascertaining his
fitness for work in factory.
? Valid for 12 Months.
? Revocation of Certificate by surgeon , if child
is no longer fit.
? Fee payable by Employer:-Fee & Renewable
Fee
? Effect of Certificate of Fitness:-deemed to be
an adult for the purpose of hours of work

Working Hours for Young

persons[Sec.71,72]
? Working Hours limited to 4-1/2
? Not during Nights.
? Period of work limited to 2 shifts.
? Entitled to weekly Holidays.
? Female to work only between 6am to 7
pm.
? Fixation of periods of work beforehand.

Register of Young persons

? The manager should maintain Register of
Adult workers showing-
? -Name
? -Nature of work
? -The Group etc.
? Of each & every Adult Worker in the factory.
? The Register shall be available to the
Inspector at all time during working hours.

Power to require Medical

Examination[Sec.73]
Inspector has the power to direct
manager to have medical examination
of young persons working in case-
? Young Persons working without
License.
? They no longer seem to be Fit.

Employment of Women
? Prohibition of women workers at night
shift
? Women shall not be allowed to work in
any factory except between the hours of
6 A.M. and 7 P.M..
? The inspector may relax this norm but
prohibited between 10 P.M. and 5 A.M.
? Working hours not more than-weekly

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 Factories Act 1948
48 hours & daily 9 hours

Annual Leave with

Wages[Sec.78-84(Chapter- VIII)]
? Rules:
1) Leave Entitlement-
One day for every 20/15 days of work performed in case of adult/Child who has worked for period of 240
days.
2) Computation of Period of 240 days-
The days of lay-off, maternity leave not exceeding 12 weeks,& earned leave in previous year should be included.
3)Discharge, Dismissal , Superannuation ,death , quitting of employment-
He , his heir , nominee as the case may be entitled to wages.

4) Treatment of Fraction of Leave:-

Half day or more is treated as full while less than half is omitted.
5) Treatment of Un-availed leave:
Should be carried ? forward to next calendar year but shall not exceed 30 in case of an adult & 40 in case of child.
6)Application for leave to be made in writing within specified time.
7)Scheme for grant of leave.
8)Display of Scheme for grant of leave.
9)Refusal of leave to be in accordance with Scheme
10)Payment of wages to worker for leave period if he
is discharged or if he quits service.

Wages during leave

period[sec.80]
? Worker is entitled to wages at a rate
equal to the daily average of his total
full time earnings for the days on which
he actually worked during the month
immediately proceeding his leave.

Penalties under the Act[Sec.92-106]

General Penalty for Offences

[Sec.92]
? If there is any contravention of any of
the provisions of the act, the Occupier
& Manager each shall be Guilty &
punishable with
? Imprisonment for a term upto 2 years.
? with a fine upto Rs.100000
? or with Both.

[Sec.93] further extends, if the

contravention under section 92 continued
after conviction ,they(Manager& Occupier) shall be punishable with further fine which may extend to Rs. 1000 for each day on
which contravention is so continued.

Enhanced Penalty after

Conviction[Sec.94]

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 Factories Act 1948
? If a person convicted of any offence punishable
under Sec 92, is again guilty involving contravention of same provision ,he shall be punishable with
? Imprisonment for a term which may extend to 3
years.
? Or fine which shall not be less than 10000
? Or both.
? If any contravention of provision relating to safety,
has resulted in an accident causing death /serious
bodily injury,Fine shall not be less than
Rs.35000/Rs.10000

Cognizance of Offences[sec.105]
? No court shall take cognizance of any offence under this act except on a complaint by or with the previous section in writing of an
Inspector.
? The complaint shall be filed within 3 months
of the date on which offence comes to the
knowledge of an Inspector. But it can be six
months , if offence consists of disobeying a written order made by an Inspector.

Appeal[Sec.107]
? The manager of the Factory or the
Occupier on whom an order in writing
by an inspector has been served, within
30 days of the notice, can appeal
against it to the prescribed Authority.

Display of Notices[Sec.108]
? A notice containing Abstracts of this
Act & the rules made thereunder and
also the name & address of the
Inspector and the certifying surgeon.
? Shall be in English& Language
Understood by the majority of the
workers.
? Convenient Places or near main
Enterance.

Returns[Sec.110]
? The State Govt. may make rules
requiring Owner , Occupier, Manager
of factories to submit Returns as may
be required.

Power to make rules & give

directions[Sec.112,113,115]
? (Sec 112) The State Govt. may make rules
providing for any matter which may be
discovered expedient In order to give effect to the purposes of the act.
? (Sec 113) The central Govt. may also give directions to the State Govt. as to carrying to
the execution of the provisions of the act.
? (Sec 115) provides for the publication of the

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 Factories Act 1948
rules made under the act in the official Gazette.

Restriction on Disclosure of
Information[Sec.118-A]
? Every Inspector shall treat as
confidential the source of any
complaint brought to his notice on the
breach of any provision of this act.
Further he shall not disclose to
manager or occupier that the inspection
is made in pursuance of the receipt of
complaint

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