FACTORIES ACT 1948

INTRODUCTION
 The Factories Act, 1948 provides safeguard for workers to protect health,
provides for safety at work place when dealing with machinery, improves the
physical conditions of the workplace, and provides welfare amenities. Only
factories are covered by the act
.
 The Act also restricts the hours of work, provides for overtime and spread of
working hours, and employment of young persons and women.
 INTRODUCTION


First factories act was passed in INDIA in 1881.

Act provided for health and safety measures and

Primarily protected child labour in factories.


Due to inherent weakness and to keep pace with changing working class the act has been

amended several times.


An entirely new act passed by the constituent assembly on

28 August
WHICH CAME IN TO FORCE ON 1 APRIL 1949.
Applicability of factories act, 1948

 The Factories Act, 1948 applicable to whole India, including the state of Jammu
and Kashmir in the year 1970.
 It had been extended to the Union Territories of Dadra and Nagar Haveli,
Pondicherry, Goa, Daman and Diu .
 Provision of this Act are applicable to all factories including factories belonging to
central or any state government unless otherwise excluded.
 The Act is applicable to the factories which
have ;
1. A Premises
2. A Manufacturing process which is being carried on in the premise or any part of
premise.
3. Minimum 10 workers where the manufacturing process is carried out with the aid of
power. And 20 workers where the manufacturing process is carried without power.
Objectives of the Act.
The main objectives of the Factories Act 1948 are to Regulate the working condition
in the factories, to regulate health, safety welfare, and annual leave and enact special
provision in respect of young persons, women and children who work in the
factories.
 Definitions [ section 2]
 Adult [section 2 (a)]
An “adult” means a person who has completed his eighteenth year of age.
 Adolescent [ section (b)]
An “ adolescent “means a person who has completed his fifteenth year of age but has not
completed his eighteenth year.
 Calendar year[section 2 (bb)]
“ calendar year” mans the period of twelve months beginning with the first day of January
in any year.
 child [section 2 (c)]
“child “ means a person who has not completed his fifteenth year of age.
 Competent person [section (c a )]
“competent” person” means a person or an institution recognized by the chief
inspector for the purpose of carrying out test, examinations and inspections required to be
done in a factory .
 Hazardous process [section 2 (c b )]
“Hazardous process” means any process or activity in relation to an industry specified
in the first schedule where, unless special care is taken, raw materials used therein or the
intermediate or finished products , by- products, wastes thereof.
 Young person [section (d)]
“ young person” means a person who is either a child or an adolescent.
 Day [section 2 ( e)
“Day” means a period of twenty-four hour beginning at midnight.
 week [ section 2(e)
“week” means a period of seven days beginning at midnight an Saturday night or such
other night as may be approved in writing for a particular area by the chief inspector of
factories.
 prime mover [section 2(h) ]
“prime mover” means any engine, motor or other appliance which generates or otherwise
provides power.
 Transmission Machinery [section 2 (1) ]
“Transmission Machinery” means any shaft wheel drum, pulley, system of pulleys,
coupling, clutch, driving belt, or other appliances or device by which the motion of prime
mover is transmitted to or received by any machinery or appliances.
 Machinery [ section 2 (j) ]
 “Machinery” includes prime movers, transmission machinery and all other appliances
whereby power is generated, transmitted or applied.
 Worker [ section 2(1)]
“ WORKER” is any person employed directly through an agency , including a contractor –
in any manufacturing process, in cleaning any part of the machinery or premises used for a
manufacturing process, or any other related to such a process.
 IMPORTANT TERMS IN FACTORIES ACT 1948
 OCCUPIER [ SECTION 2(n)]
occupier is a person who has ultimate control over the affairs of the firm
 Firm or other association of individual : individuals, partner,or members deemed to
be occupier.
 company : directors are deemed to be occupier.
 factory owned or controlled by the central government or any state government:
The person who is appointed to manage the affairs of the factory by central ,state or
local authority shall be deemed to be occupier.
 factory [section 2 (m)]
“Factory” means any premises including the precincts thereof;
A Factory is a premise whereon 10 or more persons are engaged, if power is used, or 20
or more person are engaged if power is not used , in a manufacturing process.
PRECINCTS
a space enclosed by walls or fences. A place solely used for some purpose other than
the manufacturing process carried on in a factory or a workshop does not constitute a
factory.
 Worker [ section 2 (1)]
A “Worker” is any person employed- directly or through an agency, including a
contractor- in any manufacturing process, in cleaning any part of the machinery or
premises used for a manufacturing process, or any other work related to such a process.
Obligation of workers
1.No worker in the factory
a) Shall willfully interfere with or misuse any appliances, convenience or other thing
provided in a factory for the purpose of securing the health, safety or welfare of the
workers therein.
b) Shall willfully and without reasonable cause do anything likely to endanger himself..
 RIGHTS OF WORKERS.
Every workers shall have the right to-
I. Obtain from the occupier, information relating to workers health and safety at work.
II. Get trained within the factory wherever possible, or to get himself sponsored by the
occupier for getting trained at training centre or institute , duly approved by the chief
inspector, where training is imparted for worker's health and safety at work.
III. Represent to the inspector directly or through his representative in the matter of
inadequate provision for protection of his health or safety in the factory.
 Factory Inspectorate [section 8]

The state government may, by notification in the official gazette, appoint such person
as possessing the prescribed qualification to be inspectors for the purpose of this act and
may assign to them such local limits as it may think fit.
 Certifying surgeons [ section10]
Under the provisions of the Factories Act , 1948, a certifying
surgeon is a medical practitioner who certifies the fitness of
workers of a factory . He is a practicing medical surgeon
who provides fitness certificate to factory workers declaring
them as fit to do the factory work.
 Duties and Functions of certifying surgeons
a) the examination and certification of young persons under this Act;
b) The examination of person engaged in factories in such dangerous
occupation or process.
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 health of
workers or
iii. Young persons are employed in any work which is likely to cause injury
to their health.
 Provision related to Health[Section 11 to 20]

11) Cleanliness
The employer or occupier of the factory to maintain cleanliness by keeping the factory free
from effluvia arising from any drain or other nuisance
Section 11 makes elaborate provision for maintaining whole premises including, walls,
partition, ceilings, doors and windows to be cleaned and painted or varnished at least once in
5 years
 12) Disposal of waste and effluents.

 Section 12 requires for treatment for disposal of waste and

effluents due to manufacturing process so as to render it
innocuous by making approved method prescribed by the
concerned authority. The word ‘innocuous’ is again not defined
in the act but etymologically it means ‘harmless’.
 13)Ventilation and temperature
 Ventilation and temperature is to be maintained in any work room through
adequate ventilation and circulation of air. The temperature in the work
room should be secured to provide comfort to workers and prevent injury to
their health.
 14) Dust and Fumes
 Dust and fumes are required to be prevented by suitable measures to
give off any dust or fumes likely to be injuries to the workers. Measures
should be taken to prevent inhalation and accumulation of such injurious
dust and fumes by providing exhaust appliances.
 15) Artificial Humidification
 Artificial
Humidification is required to be regulated by prescribed standards
of Humidification and adequate ventilation and cooling the air in the work
room.
 Section 16 – Over- Crowding
 for the Over- crowding in the work room should be avoided and sufficient elbow-room
should be provided workers to work comfortably without congestion.

section 17- Lighting

Lighting should be provided in a suitable manner, by natural or artificial methods or by both.
All glazed windows and sky lights should be kept clean and there should not be any glare or
reflection from any smooth or polished surface. The lighting should not form shadows so as
to cause strain to eyes or cause accident.
 Section 18- drinking water
 Drinking water should be made available at all convenient places and all such points
shall be legibly marked “ drinking water” and no such drinking water should be
situated within six meters of any washing place, urinal, latrine, spittoon etc. The water
should be wholesome, free from any contaminations and during hot weather cool
drinking water should be provided to workers.
Section 19- Latrines and Urinals.
 Latrines and urinals should be provided at convenient places and then should be separate
latrines and urinals for male and female workers . All latrines and urinals should be kept
clean and maintain by prescribed sanitary types and rules.
Section 20 – Spittoons
spittoons should be provided at suitable places and sufficient manner . There should be
maintained properly and no person shall spit within the premises of the factory except in the
spittoons. The provision shall be made for penalty in case of violation of this rule.
 Provision Related to Safety
[ section 21-41]
21) Fencing of Machinery.
22) Work on or near machinery in motion.
23) Employment of young person on dangerous machines.
24) Striking gear and devices for cutting off power.
25) Self – acting Machines.
26)Casting of new machinery.
27)Prohibition of employment of women and children near cotton- openers
28)Hoist and lifts.
29)Lifting machines, chains, ropes and lifting tackles.
30)Revolving machinery.
31)Pressure plant
32) Floors, stirs and means of access. In every Factory:
33)Pits, sumps, openings in floors etc.
34)Excessive weight
35)Protection of eyes.
36)A precaution regarding the use of portable electric light, in any factory.
37)Explosive or inflammable dust , gas, etc.
38) Precaution in case of fire.
39)Power to require specifications of defective parts or test of stability.
40) Safety of building and machinery.
40 A)Maintenance of building.
40 B)Safety officers.
41) Power to make rules to supplement this chapter
 PROVISION RELATED TO HAZARDOUS PROCESS
[SEC.41A-41H
41A- Constitution of site Appraisal committees.
41B- Compulsory disclosure of information by the occupier.
41C- Specifies responsibility of the occupier in relation to hazardous processes.
41D- Power of central government to appoint inquiry committee.
41E-Emergency standards.
41G- Workers participation in safety management.
41H- Right of workers to warn about imminent danger.
PROVISION RELATED TO WELFARE OF WORKERS [SEC 42-
50]
42- Washing facilities.
43- Facilities for storing and drying clothes.
44- Facilities for sitting.
45- First –aid appliances.
46- Canteens.
47- Shelters, rest rooms and lunch rooms:
48- creche.
49-Welfare officer’s.
50- Power to make rules .
PROVISION RELATED TO WORKING HOURS
OF ADULTS [SEC- 51- 66]

[sec] 51- Weekly hours : no adult workers shall be required or allowed to work in a
factory for more than forty-eight hours in any week.
[sec] 52- Weekly holidays: no adult workers shall be required or allowed to work in a
factory on the first day of the week.
[sec] 53- compensatory holidays: compensatory holiday means holiday given to an
employee in lieu of a Sunday or other holiday on which he is required to perform his duties.
[sec] 54- Daily hours. No adult workers are required to work more than nine hours in a
day.
[sec]55 – Intervals for rest : No workers shall work for more than five hours
before he has an interval for rest of at least half an hour.
[sec] 56- spread –over
[sec] 57- Night shifts.
[sec] 58-Prohibition of overlapping shifts
[sec] 59-Extra wages for overtime.
[sec] 60- restriction on double employment.
[sec] 61- notice of periods of work for adults.
[sec] 62- register of adult workers.
[sec] 63- hours of work correspond with notice under section 61 and
register under section 62.
[sec 64 & 65]- power to make exempting rules and exempting
order.
[sec 66] – restriction on employment of women.
PROVISION RELATED TO EMPLOYEMENT OF
YOUNG PERSONS [SEC 67-77]
[SEC 67]- Prohibition of employment of young children.
[sec 68]- Non- Adult workers to carry tokens.
[sec 69]- certificates of fitness.
[sec 70]- Effect of certificates of fitness granted to adolescent.
[sec 71]- working hours for children.
[sec 72]- notice of periods of work for children
[sec 73]-register of child workers.
[sec 74]-hours of work to correspond with notice under section 72 & register under
section 73.
[sec 75]- power to require medical examination.
[sec 76]- power to make rules.
[sec 77]- certain other provisions of laws nor barred.
PROVISION RELATED TO ANNUAL LEAVE WITH WAGES.[SEC 78 TO
84]
[SEC 78]- Application of chapter .
[sec 79]- annual leave with wages.
[sec 80]- wages during leave period.
[sec 81]- payment in advance in certain cases.
[sec 82]- mode of recovery of unpaid wages.
[sec 83]- power to make rules.
[sec 84]-power to exempt factories.
END