The Factories Act, 1948
The Factories Act, 1948
The Factories Act, 1948
M.Pharm + MBA
QA-04
Introduction
Chapter I: Preliminary
Chapter III: Health
Chapter IV: Safety
Chapter V: Welfare
Summary
Reference
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In India the first Factories Act was passed in 1881. (more than
130 yeas before legislation)
This Act was basically designed
to protect children
to provide few measures for health and safety of the workers.
Applicable to only those factories, which employed 100 or
more workers.
In 1891 another factories Act was passed which extended to the
factories employing 50 or more workers.
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“Factory” is defined in Section 2(m) of the Act. It means any premises
including the precincts there of.
1) 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
2) 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
3) But does not include a mine subject to the operation of the Mines
Act,1952 or a mobile unit belonging to the Armed forces of the Union,
a railway running shed or a hotel, restaurant or eating place.
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To ensure adequate safety measures and to promote the
health and welfare of the workers employed in factories.
To prevent haphazard growth of factories through the
provisions related to the approval of plans before the
creation of a factory.
To regulate the working condition in factories, regulate the
working hours, leave, holidays, overtime, employment of
children, women and young persons ext.
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Total No. of Chapters – 11
Total No. of Sections - 120
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CHAPTER I - Preliminary CHAPTER VII - Employment of
CHAPTER II - The Inspecting Staff young persons
CHAPTER III - Health • CHAPTER VIII - Annual leave with
CHAPTER IV - Safety wages
CHAPTER IVA - Provisions relating • CHAPTER IX - Special provisions
to Hazardous processes • CHAPTER X - Penalties and procedure
CHAPTER V - Welfare • CHAPTER XI - Supplemental
CHAPTER VI - Working hours of
adults
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Sec 11. Cleanliness
Sec 12. Disposal of wastes and effluents
Sec 13. Ventilation and temperature
Sec 14. Dust and fume
Sec 15. Artificial humidification Sec 16. Overcrowding
Sec 17. Lighting
Sec 18. Drinking water
Sec 19. Latrines and urinals
Sec 20. Spittoons
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Sec 21. Fencing of machinery
Sec 22. Work on or near machinery in motion
Sec 23. Employment of young persons on dangerous machines sec 24. Strikig gear and devices for
cutting off power
Sec 25. Self-acting machines
Sec 26. Casing of new machinery
Sec27. Prohibition of employment of women and children near cotton openers
Sec 28. Hoists and lifts
Sec 29. Lifting machines, chains, ropes and lifting tackles
Sec 30. Revolving machinery
Sec 31. Pressure plant
Sec 32. Floors, stairs and means of access
Sec 33. Pits, sumps, openings in floors, etc.
Sec 34. Excessive weights
Sec 35. Protection of eyes
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Sec 36. Precautions against dangerous fumes, gases, etc.
Sec 36a. Precautions regarding the use of portable electric light
Sec 37. Explosive or inflammable dust, gas, etc.
Sec 38. Precautions in case of fire
Sec 39. Power to require specifications of defective parts or
tests of stability
Sec 40. Safety of buildings and machinery
Sec 40a. Maintenance of buildings
Sec 40b. Safety officers
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Section 1. Short title, extent and
Hazardous Process: It means any
commencement
process in relation to an industry would cause
This Act made in 1948 which extends in India.
effect on health of persons engaged in or
It came into force on the 1st day of April, 1949.
connected, result in pollution of environment.
The amendment came in 2016 by having changes
in Section 2, Section 64, Section 65 and Section Factory: Any premises where ten or more
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Section 11. Cleanliness
Accumulation of dirt and refuse shall be removed daily by sweeping or by any
other effective method and disposed of in a suitable manner.
The floor of every workroom shall be cleaned at least once in every week.
Where a floor is liable to become wet, effective means of drainage shall be
provided.
All doors and window-frames and other wooden, metallic framework shall be
kept painted or varnished and should be done at least once in five years.
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Section 12. Disposal of wastes and effluents
Arrangements shall be made for treatment of wastes carried on as to render them innocuous and
their disposal.
Where the work carried in the factories involves the production of excessively high temperature,
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Section 14. Dust and fume
The dust or fume is likely to be injurious to workers employed.
In factory no stationary internal combustion engine shall be operated unless the
exhaust is conducted into the open air.
Section 15. Artificial humidification
In respect of factories in which humidity of the air is artificially increased, rules
are about,
(a) regulating the methods used for artificially increasing the humidity of the air.
(b) directing prescribed tests for determining the humidity of the air.
In any factory, the water used for the above purpose shall be taken from a public
supply, or shall be effectively have purified before it is so used.
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SECTION.16
OVERCROWDING SECTION 17. LIGHTING
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Section 18. Drinking water-
In every factory effective arrangements shall be made to provide and maintain at
points conveniently situated for all workers.
All such points shall be legibly marked "drinking water" in a language understood
by a majority of the workers employed.
In every factory where more than two hundred and fifty workers are ordinarily
employed, provisions shall be made for cooling drinking water during hot weather.
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Contd….
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Contd….
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CHAPTER IV: SAFETY
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Section 23. Employment of young Section 25. Self-acting machines
persons on dangerous machines No worker is allowed to go around
No young person shall be allowed these machines within the distance
to work at any machine unless he of forty five centimetres during
has been fully instructed as to the their course of employment.
dangers arising in connection with
the machine and the precautions to
be observed.
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Section 26. Casing of new machinery-
In all machinery driven by power and installed in any factory,
(a) every part of the machinery if necessary, encased or
otherwise effectively guarded as to prevent danger.
(b) Machinery which does not require frequent adjustment while
in motion shall be completely encased.
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Section 28. Hoist and lifts
In every factory, the hoist and lift shall be
good mechanical construction, sound material and adequate strength and should
be checked once in every six months and should be recorded.
every hoist way and lift way shall be sufficiently protected by an enclosure fitted
with gates.
the maximum safe working load shall be plainly marked and no load greater than
such load shall be carried.
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Section 29. Lifting machines, chains, ropes -
All parts, whether fixed or movable, of every lifting machine and every chain, rope
shall be-
(i) of good construction, sound material and adequate strength and free from defects.
(ii) thoroughly examined by a trained person once in every twelve months.
No lifting machine and no chain shall, except for the purpose of test, be loaded
beyond the safe working load.
While any person is working on or near a travelling crane in any place, measures
shall be taken that crane does not approach within six metres of that place.
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Section 32. Floors, stairs and means of access -
Section 30. Revolving machinery -
In every factory all floors, steps shall be of
In every factory in which the process
sound construction, and kept free from
of grinding is carried on, each
obstructions and substances likely to cause
machine in use a notice indicating
persons to slip.
the maximum safe working
When any person has to work at a height
peripheral speed of every grindstone.
from where he is likely to fall, provision
shall be made by fencing.
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Section 34. Excessive weights Section 35. Protection of eyes
No person shall be employed in any The process which may includes risk of
factory to lift, carry or move any injury to the eyes from particles or fragments
load so heavy as to be likely to cause thrown off in the course of the process.
him an injury. They require the effective screens or suitable
The rules and limits can be given by goggles and they shall be provided for the
the state government regarding the workers.
weights and workers to be carried.
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Section 36. Precautions against dangerous Section 36A. Precautions regarding the use of
fumes, gases portable electric light
No person shall be allowed to enter any
The portable electric light which exceeding 24 volts
chamber, tank, or other confined space in
should not be allowed into tank, chamber or any
any factory in which any gas, fume,
confined space without any safety measures.
vapour or dust.
Preventive measures should be taken by If any inflammable gas or dust are there it may
taking breathing apparatus and rope tied cause fire and flame proof construction should be
to him. made for the appliance.
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Section 38. Precautions in case of fire
In every factory, all measures shall be taken to prevent outbreak of fire and
its spread and to provide and maintain
(a) safe means of escape for all persons in the event of a fire.
(b) the necessary equipment and facilities for extinguishing fire.
Effective measures shall be taken to ensure that all workers are familiar
with the means of escape in case of fire and have been adequately trained.
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Section 40. Safety of buildings and machinery
If it appears to Inspector that any building, machinery in a factory
is in dangerous condition, he may give on the manager of the
factory an order in writing specifying the measures to be taken.
Section 40B. Safety Officers
In every factory the safety officers should be employed,
(i) wherein one thousand or more workers are ordinarily employed,
or
(ii) wherein, any manufacturing process or operation involves any
risk of bodily injury, poisoning or disease, to the person employed in
the factory.
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Section45. First aid appliances
There shall be provided and maintained first-aid boxes and the number of such
boxes shall not be less than one for every one hundred fifty workers in the
factory.
Each first-aid box or cupboard shall be kept in the charge of a separate
responsible person who holds a certificate in first-aid treatment.
In every factory wherein more than five hundred workers are there shall be
provided and maintained an ambulance room of the prescribed size.
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The factories act should be followed to ensure safety and health
of the workers in the factory.
Safety measures should be followed while handling machinery
and in the dust prone areas.
Workers should be properly trained and be aware of the
preventive and safety measures during any accident.
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Surgeons C. The Factories Act , 1948. Vol. 1948. 2007.
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