FACTORIES ACT, 1948

Introduction:

The first Factories Act in India was passed in 1881. It was designed primarily to protect children and to provide for some health and safety measures. It was followed by new Acts in 1891, 1911, 1922 and 1934. The Act of 1934 was passed to implement the recommendations of the Royal Commission on Labour in India and the conventions of the ILO.

The Factories Act, 1948 came into force on the 1^st day of April, 1949. Its subject to regulate the conditions of work in manufacturing establishments which come within the definion of the term

‗factory‘ as used in this Act.

 

What is Factory?

 

According to Sec. 2(m), ‗factory‘ means any premises including the precincts thereof –

 

1. Whereon 10 or more workers are working or were working on any day of the preceding 12 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 20 or more workers are working or were working on any day of the preceding 12 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

The term ‗factory‘ does not include a mine subject to the operation of Indian Mines Act, 1952 or a mobile unit belonging to the armed forces of the Union, a railway running shed or is hotel, restaurant or eating place.

What is Manufacturing Process?

 

According to Sec. 2(k), . It means any process to –

 

1. Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or sbstance with a view to its use, sale, transport, delivery or disposal, or
2. Pumping oil, water, sewage, or any othe substance, or

• Generating, transforming or transmitting power, or

1. Composing types for printing, printing by letter press, lithography, photogavure or other similar process or book-binding, or
2. Constructing, reconstructing, repairing, refitting, finishing, breakin-up ships or vessels, or
3. Preserving or storing any article in cold storage.

 

Some of the processes which have been held  to be manufacturing processes are as follows:

• Bidi
• Moulding and transformation of raw cinematography films into a finished
• Work done in a salt work which consists of converting sea-wate into
• Use of a refrigerator for treating or adapting any article with a view to its
• Work of composition in printing
• Use of electric motor for the purpose of lifting or pumping
• Process of moistening, stripping and packing of tobacco leaves.
• Activities of a petrol pump.

 

To constitute a manufacturing process, there must be some transformation, i.e., the article must become commercially known as something different from which it acquires its existence.

Who is a Worker?

 

• According to Sec. 2(ll), a worker means a person employed, directly or by through any agency with or without the knowledge of the principal employer.
• He may employed for or without remuneration.
• But he must be employed in a manufacturing process, or in some cleaning some part of the machinery or premises used for the manufacturing process, or in some other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing
• A worker does not include any member of the armed forces of the

 

Definitions

 

1. Adult [Sec. 2(a)]. An adult means a person who has completed his 18^th year of
2. Adolescent [Sec. 2(b)]. An adolescent means a person who has completed his 15^th year of age but has not completed his 18^th
3. Child [Sec. 2(c)]. A child means a person who has not completed his 15^th year of
4. Competent Person [Sec. 2(ca)]. Competent person, in relation to any provision of the Act, means a person or an institution recognised as such by the Chief Ispector. The recognition must be for the purposes of carrying out tests, examinations and inspections reqyured to be done in a factory under the provisions of the Act. This recognition must be given having regard to –
   1. the qualifications and experience of the person and the facilities available at his disposal; or
   2. the qualifications and experience of the person, employed in such institution and facilities available therin with regard to the conduct of such test, examinations and

It may be noted that more than one person or institution may be recognised as competent persons in relation to a factory.

5. Hazardous Process [Sec.2(cb)]. It means any process of activity in relation to an industry specified in the First Schedule where, unless, special care is taken, raw material used therein or the intermediate or finished products, by-products, wastes or effluents thereof would –
   1. Cause material impairment to the health of the persons engaged in or connected therewith, or
   2. Result in the pollution of general

The State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, ommission or variation of any industry specified in the First Schedule.

6. Calendar Year [Sec.2(bb)]. It means the period of 12 moths beginning with the 1^st day of January in any year.
7. Young person [Sec.2(d)]. A young person means a person who is either a child or any
8. Day [Sec.2(e)]. It means a period of 24 hours beginning at
9. Week [Sec.2(f)]. It means a period of 7 days beginning at midnight on Saturday night or such othe rnight as may be approved in writing for a particular area by the Chief Inspector of
10. Prime mover [Sec.2(h)]. It means any engine, motor or other appliance which generated or otherwise provides
11. Transmission machinery [Sec.2(i)]. It means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or
12. Occupier [Sec. 2(n)]. Occupier of a factory means the person who has ultimate contract over the affairs of the
13. Shift and relay [Sec.2(r)]. Where work of the same kind is carried out by 2 or more sets of workers working during different periods of the day, each of such sets is called a relay‘ and each of such periods is called a ‗shift‘.

 

 

Discuss the rules regarding approval, licensing and registration of factories with special reference to notice by occupier as required by the Factories Act, 1948 before starting a factory and occupying the same.

The State Government is empowered under Sec. 6 to make rules requiring

• the submission of plans,
• and approval,
• licensing and registration of

The effect of Sec. 6 is that before a site is used for a factory previous permission in writing of the State Government or of the Chief Inspector has to be obtained.

Application for Permission

• Under Sec.6, the State Government may makes rules requiring the submission of plans of factories to Chief Inspector or the State
• 6 further requires the previous permission in writing to be obtained for the site on which the factory is to be situated and for the construction or extension of the factory.
• An application of such permission may be made to the State Government or Chief Inspector, along with the duly certified plans and specifications.

Presumption of permission if nothing is heard within 3 months

• If on an application to the State Government or the Chief Inspector for permission accompanied by plans and specification of a factory, nothing is heard within 3 months, the permission is deemed to be granted [Sec.6(2)

Appeal

• Where a State Govt. refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within 30 days of the date of such refusal appeal to the Central
• Where a Chief Inspector refuses to grant such permission, the applicant may, within 30 days of refusal, appeal to the State Government [Sec. 6(3)].

 

State the provisions of the Factories Act, 1948 with regard to health, safety and welfare of the workers.

Introduction

The Act makes detailed provisions in regard to various matters relating to health, safety and welfare of the workers. These provisions impose upon the occupiers or managers certain obligations

1. To protect workers, unwary as well as negligent, from
2. To secure for them in employment, conditions conducive to their health, safety and

Ø Health

Chapter III (Secs. 11 to 20) of the Act deals with the provisions ensuring the health of the workers in the conditions under which work is carried on in factories. These provisions are as follows:

1.      Cleanliness (Sec.11)

1. Factory to keep clean and free from effluvia and
2. Effective means of
3. Use of disinfectants etc., painting and varnishing

2.      Disposal of wastes and effluents (Sec. 12)

1. Treatment of wastes and effluents and their disposal, [Sec.12 (1).
2. Rules by the State Government prescribing arrangements, [Sec. 12(2)].

3.      Ventilation and Temperature (Sec. 13)

1. Maintenance of adequate ventilation and temperature. Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom –
   1. Adequate ventilation by the circulation of fresh air, and
   2. Such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health.
2. Process producing high temperature to be separated [Sec.13 (1)].
3. Standard of adequate ventilation and temperature to be prescribed and provision of measuring instruments [Sec.13 (2)].
4. Prescription of measures by the State Government to reduce temperatures [Sec. 13(3)].
5. Services of notice by the Chief Inspector on the occupier to adopt measures for reduction of temperatures [Sec.13 (4)].

4.      Dust and fume (Sec. 14)

1. Measures to prevention of accumulation of dust and fume [Sec.14(1)].
2. Exhaust for internal combustion engine [Sec. 14(2)].

5.      Artificial humidification (Sec.15)

1. Prescription of standards of humidification – ventilation and cooling of [Sec.15(1)].
2. Water used for artificial humidification to be clean [Sec.15 (2)].

6.      Overcrowding (Sec.16)

1. Overcrowding injurious to health of workers to be avoided. [Sec.16 (1)].
2. 9 / 14.2 cubic metres of space per workers [Sec. 16(2)].
3. Notice of maximum of workers to be employed in a workroom [Sec. 16(3)].

7.      Lighting (Sec. 17)

1. Sufficient and suitable lighting in every part of factory [Sec. 17(1)]
2. Glazed windows and skylights to be kept clean [Sec. 17(2)]
3. Measures for prevention of glare and formation of shadows [Sec. 17(3)].
4. Prescriptions of standards of sufficient and suitable lighting [Sec. 17(4)].

8.      Drinking Water (Sec. 18)

1. Suitable points for wholesome drinking water [Sec. 18(1)].
2. Drinking points to legibly marked and to be away from urinal, latrine, etc [Sec. 18(2)].
3. Cooling of drinking water where more than 250 workers employed [Sec. 18(3)].

9.      Latrines and urinals (sec.19)

1. Separate latrines and urinals for male and female workers conveniently situated and adequately lighted and ventilated. [Sec.19(1)].
2. Latrine and urinal accommodation to be of prescribed sanitary types – floors and walls to be glazed and their cleaning [Sec. 19(2)].

10.  Spittoons (Sec. 20)

1. Sufficient number of spittoons shall be maintained in a clean and hygienic condition [Sec. 20(1)].
2. Display of notice of provision of spittoons.
3. Whoever spits in contravention of Sec. 20(3) shall be punishable with fine not exceeding Rs.5 [Sec.20(4)].

Ø Safety

The safety provision are absolute and obligatory in their character and the occupier of every factory is bound to follow them. They are contained in Chapter IV (Secs. 21 to 41):

1.      Fencing of machinery (Sec.22)

21. Dangerous part of every machinery to be securely Machineries covered by Sec.21. The following machineries are covered by Sec. 21, viz.,
    1. Every moving part of a prime mover, and every fly-wheel connected to a prime mover, whether the prime mover or fly-wheel is in the engine house or not;
    2. The headrace and tailrace of every water-wheel and water turbine;

• Any part of a stock-bar which projects beyond the headstock of a lathe;

1. Every part of an electric generator, a motor or rotary convertor;
2. Every part of transmission machinery; and
3. Every dangerous part of any other machinery [Sec. 21(1)].

2.      Work on near machinery in motion (Sec.22)

1. Examination of machinery in motion by a trained adult male worker
   1. Such examination shall be made only by a specially trained adult male worker wearing tight fitting
   2. The clothing supplied by the occupier

• The name of the person so engage shall be entered in the prescribed

1. Further he shall be furnished with a certificate of his appointment [Sec.22(1)

1. Restriction of women and young person’s [Sec. 22(a)]

3.      Employment of Young person’s on dangerous machines (sec.23)

1. Restriction on young person’s to work on dangerous machines.
   1. He has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed; and
   2. He has received sufficient training to work on the machine [Sec. 23(1)]
2. Machines dangerous for young person’s to be specified by the State Government [Sec. 23(2)].

4.      Striking gear and devices for cutting off power (Sec.24)

1. Suitable striking gear to be provided, maintained and used [Sec.24(1)].
2. Locking device to prevent accidental starting of transmission machinery [Sec.24 (3)].

5.      Self-acting machines (Sec.25)

1. Transferring part not allowed running within a distance of 45 centimeters from any fixed

6.      Casing of new machinery (Sec.26)

1. Casing to prevent danger [Sec. 26(1)].
2. Penalty
   1. If anyone sells or lets on hire either directly or as an agent, any machine which does not comply with the provisions of 26, he shall be punishable with imprisonment up to 3 months or with fine up to Rs. 500 or with both [Sec. 26(2)].

7.      Prohibition of employment of women and children near cotton-openers (Sec.27)

8. Hoists and lifts (Sec. 28)
   1. Hoists and lifts to be of good mechanical construction and to be properly maintained and examined once in every 6 months.

9.      Lifting machines, chains, ropes and lifting tackles (Sec. 29)

1. Cranes and lifting machines, to be of good construction and to be examined once in every 12 months [Sec.29(1)(a)].
2. Cranes and lifting machine not to be loaded beyond safe working load [Sec.29 (1)(b)].
3. Cranes not to approach within 6 meters of a place where any person is employed or working [Sec.29 (1)(c)].

10.  Revolving machinery (Sec. 30)

1. Notice of maximum safe working speed of grindstone or abrasive wheel, to be kept near machine [Sec.30 (1)].
2. Speeds not to be exceeded [Sec. 30(2)].

11.  Pressure Plant (Sec.31)

1. Safe working pressure not to be exceeded [Sec.31 (1)].
2. Rule-making power of the State Government providing for examination and exemption [Sec. 31(@)].

12.  Floors, stairs and means of access (Sec.32)

1. All floors, steps, stairs, passages and gangways would be  properly

13.  Pits, sumps, opening in floors, etc (Sec. 33)

1. Pits, sumps, to be securely covered or fenced.

14.  Excessive weights (Sec.34)

1. Prohibition of lifting or carrying of excessive weights [Sec.34 (1)].
2. Maximum weights to be lifted or carried to be prescribed [Sec.34(@)].

15.  Protection of eyes (Sec.35)

16. Precautions against dangerous fumes (Sec.36)
    1. Prohibition on entry into any chamber, tank, vat, pit, pipe where any gas, fume etc. is present. [Sec.36 (1)].
    2. Practicable measures to be taken for removal of gas, fume, [Sec.36 (2)].

17.  Precautions regarding the use of portable electric light (Sec.36-A)

1. No portable electric light or any other electric appliance of voltage exceeding 24 volts shall be permitted for use inside any chamber, tank, vat, pit, flue or other confined space in a factory, unless adequate safety devices are

18.  Precautions against explosive or inflammable dust, gas, etc. (Sec. 37)

1. Practicable measures to prevent explosion on ignition of gas, fume
   1. Effective enclosure of the plant or machinery used in the process,
   2. Removal or prevention of the accumulation of such dust, gas, fume or vapor, and

• Exclusion or effective enclosure of all possible sources of ignition [Sec.37 (1)].

1. Provision of chokes, vents, etc. [Sec.37(2)].
2. Special measures where explosive or inflammable gas or vapour is under pressure greater than atmospheric pressure [Sec. 37(3)].

19.  Precautions in case of fire (Sec. 38)

1. Practicable measures to prevent outbreak of fire and its spread [Sec.38 (1)].
2. Familiarity of workers with means of escape [Sec.38 (2)].
3. Rule-making power of the State Government [Sec.38 (3)].
4. Additional measures [Sec.38 (4)].

20.  Power to require specifications of defective parts or tests of stability (Sec. 39)

21. Safety of building and machinery (Sec. 40)
    1. Service of order by Inspector on occupier to take specified measures in case of dangerous building or machinery or plant [Sec.40 (1)].
    2. Prohibition of use where danger is imminent [Sec.40 (2)].

22.  Maintenance of building (Sec. 40-A)

23. Safety officers (Sec. 40-B).

 

Ø Welfare Measures

Chapter V (sec. 42 to 50) of the Act deals with facilities for the welfare of workers. The various provisions in this regard are as follows:

1. Washing facilities (Sec.42) – In every factory
   1. Adequate and suitable facilities shall be provided and maintained for the use of the workers therein; and
   2. Such facilities shall be conveniently accessible and shall be kept

2.      Facilities for storing and drying clothing (Sec.43)

3. Facilities for sitting (Sec.44)
   1. Provision of sitting arrangement for workers obliged to work in a standing position [Sec.44 (1)].
   2. Provision of seating arrangement for workers doing work which can be done in a sitting position [Sec.44 (2)].
   3. Exemption [Sec.44 (3)].

4.      First-aid appliances (Sec.45)

1. At least one first-aid box with prescribed contents for every 150 workers [Sec.45 (1)].
2. First-aid box to have prescribed contents [Sec.45 (2)].
3. First-aid box to be in the charge of responsible person [Sec.45 (3)].
4. Ambulance room in a factory employing more than 500 workers [Sec.45(4)].

5.      Canteens (Sec.46)

1. Canteen in factory employing more than 256 workers – the State Government may make
2. Provisions in The rules made by the State Government as to canteens may provide for
   1. The date by which canteen shall be provided,
   2. The standards in respect of construction, accommodation, furniture and other equipment of the canteen,

• The foodstuffs to be served therein and the charges which may be made thereof,

1. The constitution of a managing committee for the canteen and representation of the workers in the management of canteen and representation of the workers in the management of the canteen,
2. The items of expenditure in the running of the canteen, and
3. The delegation to the Chief Inspector, subject to such conditions as may prescribed, of the power to make rules under Clause © [Sec.46(2)].

6.      Shelters, rest rooms and lunch rooms (Sec.47)

1. Provision for shelters, rest rooms, lunch rooms in factories employing more than 150 workers [Sec.47 (1)].
2. Shelters to be sufficiently lighted, ventilated and cooled [Sec.47 (2)].

7.      Crèches (Sec.48)

1. Provision of crèches in factories employing more than 30 women workers [Sec.48(1)].
2. Crèches to be adequately lighted and ventilated and to be under the charge of trained women [Sec.48(2)].
3. Prescription of rules by the State Government [Sec.48(3)].

 

8.      Welfare officers (Sec.49)

1. Employment of welfare officers in factories employing 500 or more workers [Sec.49(1)].
2. Duties, qualifications and conditions of service to be prescribed by the State Government [Sec.49(2)].

 

Ø PENALTIES AND PROCEDURE

 

Secs. 92 to 106 provide for penalties for certain offences and procedural matters. The Amendment Act of 1987 has considerably enhanced these penalties so that they serve as a deterrent for the commission of offences.

General penalty for offences [Sec.92]

• If in any factory there is any contravention of any of the provisions of the Act or of any rules made thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term up to 2 years or with fine up to Rs. 100000 or with both.

Enhanced penalty after conviction (Sec.94)

• If any person who has been convicted of any offence punishable under Sec. 92 is guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to 3 years or with fine which shall not be less than Rs. 10000 but which may extend to Rs. 200000 or with both.