THE FACTORIES ACT, 1948

INTRODUCTION
In India the first Factories Act was passed in 1881. This Act was basically
designed to protect children and to provide few measures for health
and safety of the workers. This law was 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.
 FACTORIES ACT: RATIONALE &
OBJECTIVES
Social Legislation, to protect workmen employed in factories against
industrial and occupational hazards
Prevention of strain
Safe, healthy and sanitary conditions
Welfare
Appropriate work culture for production and productivity
Government Control – Registers & Returns, Inspectors
A beneficient Act – Must receive liberal construction
 FACTORIES ACT: SCOPE & APPLICABILITY

A „central‟ legislation.
Extends to whole of India.
All Factories including factories belonging to Central and State
Governments (unless specifically excluded).
Available to all persons covered under the term „Worker‟.
 Chapter 3
Chapter 1 Health
Objectives, Extent,
Definitions, Approval,
Chapter 4
Licensing, Notice by
Safety
Occupier

Chapter 4A
Chapter 2 Hazardous Process
Inspecting Staff
The Factories
Act, 1948 Chapter 5
Chapter 9 Welfare
Special Provisions
Chapter 6
Working Hours
Chapter 10
Penalties & Procedures
Chapter 7
Employment of Young Persons
Chapter 11
Supplemental
Chapter 8
Annual Leave with Wages
 IMPORTANT TERMS

Factory Means any premises including precincts thereof:

• 10 or more workers engaged
• manufacturing process being carried out
•With the aid of power

• 20 or more workers engaged

• manufacturing process being carried out
•Without the aid of power

Does not include a Mine, Mobile Units of Armed Forces, Railway Running Shed, Hotel,
Restaurant or eating place
 Factory

Premises & Precincts

10 With Power

Manufacturing Process Workers

20 W/O Power

Making, Altering,
Repairing etc. Employed
Pumping Directly or Indirectly
Composing (Printing) etc. With or W/O Knowledge of PE
Constructing etc With or W/O Remuneration
Preserving, Storing etc. Manufacturing Process
 MANUFACTURING PROCESS (2K)
Any process for:

Making, altering, repairing, ornamenting, finishing, packing, oiling, washing,

cleaning, breaking up, demolishing, or otherwise adapting or treating
any substance with a view to its’
Use, Sale, Transport, Delivery or disposal or,

Pumping oil, water, sewage or any other substance or,

Generating, transforming or transmitting power or,
Composing types of printing, printing by letter press, lithography, book binding or,
Constructing, reconstructing, repairing, refitting, finishing, breaking up ships or vessels
Preserving or storing in cold storage
 MANUFACTURING PROCESS (2K)

•Bidi Making
•Molding or transforming of raw cinematographical films into finished
products
•Work done in salt works which consists of converting sea water into water
•Preparation of food with the help of various electrical appliances
•Use of electric motor for the purpose of lifting or pumping water
•Pasteurization of milk for sale
•Process of transmitting energy through power lines
 PRECINCTS, PREMISES & POWER

•Premises: Usually denotes building but…..liberal construction…not necessarily building for the purpose
of the Act
•Precincts: Usually understood as space enclosed by walls or fences

•Example: A concrete apron of an airfield adjoining a hangar used for testing of planes was enclosed
by a security fence. The airfield fell within the meaning of precincts.
•Power: Electrical Energy or other form of energy which is mechanically transmitted and not generated
by human or animal agency
 WHO IS A WORKER (2L, FACTORIES ACT)

Person employed
Directly or through an agency
With or without knowledge of Principal Employer
With or Without remuneration
In Manufacturing Process, or in cleaning (of machinery or premises
used for the manufacturing process), or in some other kind of work
incidental to or connected with or the subject of manufacturing
process
 WHO IS A WORKER (2L, FACTORIES ACT)

• Employed = Master and Servant Relationship

• Wage is not a criteria
• Contract of Service
• Employee agrees to serve subject to employer‟s control and
supervision
• Not only what is to be done but how it is to be done
• Right of control and direct supervision
 FACTORY: TEST OF DETERMINATION

• Premise & Precinct

• Manufacturing process being carried out in any part
• Required number of persons (10 or 20)
• By notification of State Government even if number less than 10
 OCCUPIER (2N)

• One who has the „ultimate control‟ over the affairs

• Partner, Director
• Companies owned by Central Government, State Government,
Local Bodies
• Manager of the Factory
• Right to occupy the property and dictate terms of management
 OCCUPIER: GENERAL DUTIES (1987) S 7A

• Risk, health, Safety

• Training, Information, Supervision Systems
• Monitoring of SHE and Welfare
• Policies
Approval, Licensing & Registration of Factories (s6)
To be granted by Chief Inspector of Factories on submission of prescribed
form, fee and plan.

Presumed to be permitted if State Govt does not respond within 3 months

Appeal within 30 days

(State Govt – Central Govt
Chief Inspector – State Govt)

Notice by Occupier – 15 days before occupation – Chief Inspector

Cleanliness Over Crowding

Wastes & Effluents

Lighting

Ventilation & Temp Health

Drinking Water

Dust & Fumes Latrines & Urinals

Humidification Spittoons
 Fencing of M/C (21) Pits, Sumps, Openings (33)

M/C in Motion (22) Excessive Weights (34)

Dangerous M/C (23) Protection of Eyes (35)

Striking Gear & Power Cut-Off (24) Dangerous Fumes (36)

Self Acting M/C (25) Portable Lights (36A)

Casing of M/C (26) Explosives, Gases (37)

Safety
Chapter 4

Cotton Openers (27) Fire (38)

Hoists & Lifts (28) Specifications for Defective Parts (39)

Lifting M/C, Cranes, Ropes, Chains (29) Safety of Bldngs. & M/Cs (40)

Revolving M/C (30) Maintenance of Buildings (40A)

Pressure Plant (31) Safety Officers (40B)

Floors, Stairs (32) Rule Making Power (41)

 HAZARDOUS PROCESS (2CB)

• Industry Specified in 1st Schedule

• R/M or Finished Product/Intermediate/Bye Product:
• Cause impairment to health of the persons or
• Pollution of general environment
 HAZARDOUS PROCESS (CHAPTER IV A)
• Site Appraisal Committee: To advise the state government
(location, consider application for permission)
• Compulsory disclosure of information (dangers, hazards, measures
to overcome such hazards, - to the Chief Inspector and to the
workers)
• Safety Policy
• On site emergency plan
• Measures for handling hazardous material to be spelt out
• Maintain accurate up to date health records
• Permissible limits of exposure (2nd Schedule)
• Workers participation in safety management
• Right of workers to warn about imminent danger
 Washing (42)

Storing & Drying (43)

Welfare Officers (49)

Crèche (48) Welfare Sitting (44)

Shelters, Rest Rooms First Aid (45)

(47)

Canteen (46)
 Working Hours,
.
Spread Over & Overtime of Adults

• Weekly hours not more than 48 (even voluntarily, 6X8) - Sec: 51

• Daily hours, not more than 9 hours (but subject to 48 hours) - Sec: 54
• Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55
• Spread over not more than 10½ hours. - Sec: 56
• Overlapping shifts prohibited. - Sec: 58
• Extra wages for overtime double than normal rate of wages (more than 9 hours a day or more than
48 hours a week) - Sec:59
• Restrictions on employment of women before 6AM and beyond 7 PM. - Sec: 60
 Annual Leave with Wages

• A worker having worked for 240 days @ one day for every 20 days and for an adolescent or a young
person, one day for working of 15 days.
• Accumulation of leave for 30 days.
Sec. 79
 Thursday
Weekly Off Shifted 2 days before
Friday

Saturday
First Weekly Off
Sunday

Monday

Sunday is the Normal Weekly Off. In lieu of this Normal Weekly off, a worker can be
Tuesday
given an off on previous Thursday (one of the three immediately preceding days). The
next normal weekly off is the next Sunday. He can be given an off in lieu on the
Wednesday
Wednesday following the second weekly off (three days after). The worker will now
have to work for more than 10 days consecutively (Friday to Tuesday i.e. 12 days). This is
Thursday
not permissible.
Friday

Saturday

Sunday
Second Weekly Off
Monday
Weekly Off Shifted 2 days after
Tuesday

Wednesday
WORKING HOURS AND HOLIDAYS – AT A GLANCE
 REGISTERS & RETURNS
Form 6 Humidity

Form 7 White Washing

Form 7A Tight Fitting Clothes Provided
Form 9 Compensatory Holidays
Form 10 Overtime
Form 12 Adult Workers
Form 14 Child Labor
Form 15 Leave with Wages
Forms 24 & 25 Muster Roll
Form 26 Accidents and Dangerous Occurrences
WHAT IS A MANUFACTURING
PROCESS?
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.
DEFINITIONS SEC[2(A)]
• “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.

• “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 AND
REGISTRATION OF COMPANIES
• 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 THE OCCUPIER
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-

• The name and situation of the
factory.
• The name and address of the
occupier
• The name and address of the
owner of the premises.
• The address to which
communications relating to
the factory may be sent.
• The nature of the
manufacturing process.
• The total rated horse power
installed or to be installed in the
factory.
• The name of the manager of the
factory for the purposes of this
Act.
• The number of workers likely to be
employed in the factory
• Such other particulars as may be
prescribed
 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]
• 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 SURGEONS [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.1

• Follow state govt. rules…

 VENTILATION & TEMPERATURE
[SEC.13]
• Proper level of ventilation temperature 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 meters 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 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.
 WASHROOMS [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.

 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 they 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 build & to be examined once in every 12
month.

• Cranes and lifting machines not to be loaded beyond safe working load.

• Cranes not to approach within 6 metres of a place where any person is employed or
working.
 REVOLVING MACHINES[SEC.30]
• 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 limit 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 maintained.

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
straining 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, inside confined spaces
without adequate safety measures.
 Explosive or inflammable dust,
gas, etc.[Sec.37]
• Take all measures for safety and to prevent explosion on
ignition of gas, fume etc.

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 SAFETY
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.
BHOPAL GAS TRAGEDY, 1984 – A
CASE STUDY
• Lethal methyl isocyanate (MIC) leaked from factory on the night of December 2-3, killing
10000 people instantly.
• The gas had been stored in excessive quantities (42 tonnes) although only 3-4 tonnes were
required.
• Negligence in following safety guidelines:
• Important systems shut down for months during maintenance.
• Number of staff reduced sometime before the accident.
• Nitrogen pressure in MIC tanks that kept the gas under control was reduced
• Alarm system had been shut down
• Newspaper articles, legal notices and audit reports ignored
• The accident could have been averted if recommended safety precautions had been
effectively implemented
CHAPTER 4A- PROVISIONS RELATING TO HAZARDOUS
PROCESSES
• Sec 41A- Constitution of Site Appraisal Committees
• Sec 41B- Compulsory disclosure of information by the occupier
• Sec 41C- Specific responsibility of the occupier in relation to hazardous
processes
• Sec 41D- Power of Central Government to appoint Inquiry Committee
• Sec 41E- Emergency standards
• Sec 41F- Permissible limits of exposure of chemical and toxic substances
• Sec 41G- Workers' participation in safety management
• Sec 41H- Right of workers to warn about imminent danger
 CONSTITUTION OF SITE APPRAISAL COMMITTEES
• The State Government may, for purposes of advising it to consider applications for grant of
permission for the initial location of a factory involving a hazardous process or for the expansion
of any such factory, appoint a Site Appraisal Committee.
• The Site Appraisal Committee shall examine an application for the establishment of a factory
involving hazardous process and make its recommendation to the State Government within a
period of ninety days of the receipt of such application in the prescribed form.
• Where any process relates to a factory owned or controlled by the Central Government or to a
corporation or a company owned or controlled by the Central Government, the State
Government shall co-opt in the Site Appraisal Committee a representative nominated by the
Central Government as a member of that Committee.
• The Site Appraisal Committee shall have power to call for any information from the person
making an application for the establishment or expansion of a factory involving a hazardous
process.
• Where the State Government has granted approval to an application for the establishment of
expansion of a factory involving a hazardous process, it shall not be necessary for an applicant
to obtain a further approval from the Central Board or the State Board established under the
Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of
Pollution) Act, 1981.
COMPULSORY DISCLOSURE OF
INFORMATION BY THE OCCUPIER
• The occupier of every factory involving a hazardous process shall disclose in
the manner prescribed, all information regarding dangers to the workers
employed in the factory, the Chief Inspector, the local authority, within
whose jurisdiction the factory is situate, and the general public in the vicinity.

• Occupier is required to lay down policies regarding health and safety.

• Emergency plans and detailed disaster control measures

SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN
RELATION TO HAZARDOUS PROCESSES

Every occupier of a factory involving any hazardous process shall-

•Maintain accurate and up-to-date health records or medical records, of the workers in the factory
who are exposed to any chemical, toxic or any other harmful substances which are manufactured,
stored, handled or transported.

•Appoint persons who possess qualifications and experience in handling hazardous substances and
are competent to supervise such handling within the factory and to provide at the working place
all the necessary facilities for protecting the workers in the manner prescribed, Provided that
where any question arises as to the qualifications and experience of a person so appointed, the
decision of the Chief Inspector shall be final.

•Provide for medical examination of every worker.

 POWER OF CENTRAL GOVERNMENT
TO APPOINT INQUIRY COMMITTEE
• The Central Government may, in the event of the occurrence of an
extraordinary situation involving a factory engaged in a hazardous process,
appoint an Inquiry Committee to inquire into the standards of health and
safety observed in the factory.

• The Committee appointed shall consist of a Chairman and two other

members and the terms of reference of the Committee and the tenure of
office of its members shall be such as may be determined by the Central
Government according to the requirements of the situation.

• The recommendations of the Committee shall be advisory in nature.

 EMERGENCY STANDARDS
• Where the Central Government is satisfied that no standards of safety have
been prescribed in respect of a hazardous process or class of hazardous
processes, or where the standards so prescribed are inadequate, it may
direct the Director-General of Factory Advice Service and Labour Institutes
or any Institution specialised in matters relating to standards of safety in
hazardous processes, to lay down emergency standards for enforcement of
suitable standards in respect of such hazardous processes.

• The emergency standards laid down shall, until they are incorporated in the
rules made under this Act, be enforceable and have the same effect as if
they had been incorporated in the rules made under this Act.
 PERMISSIBLE LIMITS OF EXPOSURE OF
CHEMICAL AND TOXIC SUBSTANCES
• The maximum permissible threshold limits of exposure of chemical and toxic
substances in manufacturing processes (whether hazardous or otherwise) in
any factory shall be of the value indicated in the Second Schedule.

• The Central Government may, at any time, for the purpose of giving effect
to any scientific proof obtained from specialised institutions or experts in the
field, by notification in the Official Gazette, make suitable changes in the
said Schedule.
 WORKERS' PARTICIPATION IN
SAFETY MANAGEMENT
• The occupier shall, in every factory where a hazardous process takes place,
or where hazardous substances are used or handled, set up a Safety
Committee consisting of equal number of representatives of workers and
management to promote co-operation between the workers and the
management in maintaining proper safety and health at work and to review
periodically the measures taken in that behalf.

• Provided that the State Government may, by order in writing and for reasons
to be recorded, exempt the occupier of any factory or class of factories
from setting up such Committee.

• The composition of the Safety Committee, the tenure of office of its

members and their rights and duties shall be such as may be prescribed.
 RIGHT OF WORKERS TO WARN
ABOUT IMMINENT DANGER
• Where the workers employed in any factory engaged in a hazardous process have
reasonable apprehension that there is a likelihood of imminent danger to their lives
or health due to any accident, they may, bring the same to the notice of the
occupier, agent, manager or any other person who is in-charge of the factory or the
process concerned directly or through their representatives in the Safety Committee
and simultaneously bring the same to the notice of the Inspector.

• It shall be the duty of such occupier, agent, manager or the person in-charge of the
factory or process to take immediate remedial action if he is satisfied about the
existence of such imminent danger and send a report forth-with of the action taken
to the nearest Inspector.

• If the occupier, agent, manager or the person in-charge is not satisfied about the
existence of any imminent danger as apprehended by the workers, he shall,
nevertheless, refer the matter forth-with to the nearest Inspector whose decision on
the question of the existence of such imminent danger shall be final.
 Washing
Facilities

Facilities for
Welfare storing and
Officers drying

CHAPTER V- clothes

WELFARE
PROVISIONS Creches
Welfare Facilities

(SECTION 42-49)
Provision for sitting

Rest room,
Shelters, First aid
Lunch appliances
room

Canteen
 WASHING FACILITIES
• In every factory-

i) Adequate and suitable facilities for washing shall be provided and maintained for
use of the workers.
ii) Separate and adequately screened facilities shall be provided for the use of male
and female workers.
iii) Such facilities shall be conveniently accessible and shall be kept clean.

• The State Government may prescribe standards of adequate and suitable facilities
for washing.
• (Section 43) The State Government may make rules requiring the provision of
suitable place for keeping clothing not worn during working hours and for the drying
of wet clothing.
 FACILITIES FOR SITTING
• (1) In every factory suitable arrangements for sitting shall be provided and
maintained for all workers obliged to work in a standing position, in order that
they may take advantage of any opportunities for rest which may occur in
the course of their work.

• (2) If, in the opinion of the Chief Inspector, the workers in any factory
engaged in a particular manufacturing process or working in a particular
room, are able to do their work efficiently in a sitting position, he may, by
order in writing, require the occupier of the factory to provide before a
specified date such seating arrangements as may be practicable for all
workers so engaged or working.
 FIRST AID APPLIANCES
• (1) They shall, in every factory, be provided and maintained so as to be readily
accessible during all working hours.
• The number of such boxes or cupboards to be provided and maintained shall not be
less than one for every one hundred and fifty workers ordinarily employed at any one
time in the factory.

• (2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.

• (3) 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 recognized by the State
Government and who shall always be readily available during the working hours of the
factory.

• (4) In every factory wherein more than five hundred workers are ordinarily employed
there shall be provided and maintained an ambulance room of the prescribed size,
containing the prescribed equipment and in the charge of such medical and nursing
staff as may be prescribed and those facilities shall always be made readily available
during the working hours of the factory.
 CANTEENS
• (1) The State Government may make rules requiring that in any specified factory
wherein more than two hundred and fifty workers are ordinarily employed, a
canteen or canteens shall be provided and maintained by the occupier for the
use of the workers.

• (2) Without prejudice in the generality of the foregoing power, such rules may
provide for-

• (a) the date by which such canteen shall be provided.

• (b) the standard in respect of construction, accommodation, furniture and other
equipment of the canteen.
• (c) the foodstuffs to be served therein and the charge for them.
• (d) the constitution of a managing committee for the canteen and
representation of the workers in the management of the canteen.
 SHELTERS, REST ROOM & LUNCH ROOMS
• (1) In every factory wherein more than one hundred and fifty workers are ordinarily
employed adequate and suitable shelters or rest-rooms and a suitable lunch-room, with
provision for drinking water, where workers can eat meals brought by them, shall be
provided and maintained for the use of the workers:

• Provided that any canteen maintained in accordance with the provisions of section 46
shall be regarded as part of the requirements of this sub-section:
• Provided further that where a lunch-room exists no worker shall eat any food in the work-
room.

• (2) The shelters or rest-room or lunch-room to be provided under sub-section (1) shall be
sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.

• (3) The State Government may-

• (a) prescribe the standards, in respect of construction accommodation, furniture and
other equipment of shelters, rest-rooms and lunch-rooms to be provided under this
section;
• (b) by notification in the Official Gazette, exempt any factory or class or description of
factories from the requirements of this section.
 CRECHES
• (1) In every factory wherein more than thirty women workers are ordinarily
employed there shall be provided and maintained a suitable room or rooms for
the use of children under the age of six years of such women.

• (2) 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.

• (3) The State Government may make rules-

• (a) prescribing the location and the standards in respect of construction,
accommodation; furniture and other equipment of rooms to be provided, under
this section.
• (b) requiring the provision in any factory of free milk or refreshment or both for
such children;
• (c) requiring that facilities shall be given in any factory for the mothers of such
children to feed them at the necessary intervals.
 WELFARE OFFICERS
• (1) In every factory wherein five hundred or more workers are ordinarily
employed the occupier shall employ in the factory such number of welfare
officers as may be prescribed.

• (2) The State Government may prescribe the duties, qualifications and
conditions of service of officers employed under sub-section (1).

• Qualification- M.labour / B.law / Social work.

• Duties of Welfare officer-

• Help to make labour policies.
• To maintain harmonious relation between the factory management and workers.
• Advice on provision of welfare facilities/training.
IN NUTSHELL

• More number of female workers- Lady welfare officer.

• More than 500 workers- Welfare officer
• More than 250 workers- Canteen
• More than 250 workers- Cooled drinking water
• More than 30 female workers- Creche
• More than 150 workers- Rest room, Lunch room & Shelter
• More than 500 workers- Ambulance room
FACTORIES ACT, 1948
SECTION 67: PROHIBITION OF EMPLOYMENT OF YOUNG
CHILDREN
No child who has not completed his fourteenth year shall be required or allowed to work
in any factory.

SECTION 68: NON-ADULT WORKERS TO CARRY TOKENS

A child who has completed his fourteenth year or an adolescent shall not be required or
allowed to work in any factory, unless -
(a) a certificate of fitness granted with reference to him, is in the custody of manager of
the factory
(b) such child or adolescent carries while he is at work, a token giving a reference to
such certificate.
 M.C. MEHTA V. STATE OF TAMIL NADU, ET AL.
(SIVASKI CHILD LABOR CASE)

•The Petitioner was an individual concerned about

the high rate of employment of children in the
Match factories.
•Petitioner contended that such employment was
hazardous and unconstitutional.
•He filed a writ petition under Article 32 of the
Facts Constitution seeking educational, medical and
health facilities for the children.
•The Respondent Government did not deny the
existence of child labour, but instead offered
suggestions to ameliorate the problem.
 • Children directly involved in the process of manufacturing in the
factories, the Court held that it should not be permitted. Such
employment was unconstitutional and that children should spend
their formative years being educated. However, the Court held that
children could be employed in the packing process but “in an area
away from the place of manufacture to avoid exposure to
accident.”

• Welfare Fund would be established to ensure that children are

provided with educational and recreational activities.
Decision • On the issue of the provision of medical facilities, the Court held that
and it was statutorily mandated by the Factories Act 1948. It directed to

Reasoning provide additional mobile medical vans regularly and make

provisions for “basic diet during the working period and medical care
with a view to ensuring sound physical growth.”

• As to whether the employees should be compulsorily insured, the

Court directed to insure every employee, both child and adult, for a
sum of Rs 50,000. The Court held that if the insurance companies offer
viable group insurance schemes, the payment of the premium for
such a group insurance, would be borne by the employer.
SEC 69: CERTIFICATE OF FITNESS

• A certifying surgeon shall, on receiving application, examine the young person and
ascertain his fitness for work in a factory.
• The certifying surgeon, after examination, may grant or renew-
(a) certificate of fitness to work in a factory as a child, if he is satisfied that the young
person has completed his fourteenth year, that he has attained the prescribed physical
standards and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young
person has completed his fifteenth year and is fit for a full day's work in a factory

• A certificate of fitness granted or renewed under sub-section-

(a) shall be valid only for a period of twelve months from the date thereof:
(b) may be made subject to conditions in regard to the nature of the work in which the
young person may be employed, or requiring reexamination of the young person before
the expiry of the period of twelve months.

• A certifying surgeon shall revoke any certificate granted or renewed if in his opinion the
holder of it is no longer fit to work in the capacity stated therein in a factory.
• Any fee payable for a certificate under this section shall be paid by the occupier and
shall not be recoverable from the young person, his parents or guardian.
 SECTION 70: EFFECT OF CERTIFICATE OF FITNESS GRANTED TO
ADOLESCENT

• An adolescent, who has been granted certificate of fitness to work in a factory as an

adult and who while at work in a factory carries a token giving reference to the
certificate, shall be deemed to be an adult for all the purposes of Chapters VI and VIII;

• No female adolescent or a male adolescent who has not attained the age of
seventeen years but who has been granted a certificate of fitness to work in a factory
as an adult, shall be required or allowed to work in any factory except between 6 A.M.
and 7 P.M.
SEC 71: WORKING HOURS FOR CHILDREN
• No child shall be employed or permitted to work in any factory-
(a) for more than four and a half hours in any day;
(b) during the night.
• No child shall be required or allowed to work in any factory on any day on which he
has already been working in another factory.
• No female child shall be required or allowed to work in any factory except between 8
A.M. and 7 P.M.

SEC 72: NOTICE OF PERIOD OF WORK FOR CHILDREN

• There shall be displayed and correctly maintained in every factory in which children are
employed, a notice of periods of work for children, showing clearly for every day the
periods during which children may be required or allowed to work.
• The periods shown in the notice shall be fixed beforehand and shall be such that
children working for those periods would not be working in contravention of any of the
provisions of section 71.
SEC 73: REGISTER OF CHILD WORKERS
• The manager of every factory in which children are employed shall maintain a
register of child workers, to be available to the Inspector at all times during working
hours or when any work is being carried on in a factory, showing -
(a) the name of each child worker in the factory,
(b) the nature of his work,
(c) the group, if any, in which he is included,
(d) where his group works on shifts, the relay to which he is allotted, and
(e) the number of his certificate of fitness granted
• No child worker shall be required or allowed to work in any factory unless his name
and other particulars have been entered in the register of child workers.
• The State Government may prescribe the form of the register of child workers

SEC 74: HOURS OF WORK TO CORRESPOND WITH NOTICE

UNDER SECTION 72 AND REGISTER UNDER SECTION 73
• No child shall be employed in any factory otherwise than in accordance with the
notice of periods of work for children displayed in the factory and the entries made
SECTION 75: POWER TO REQUIRE MEDICAL EXAMINATION
• Where an Inspector is of opinion -
(a) that any person working in factory without a certificate of fitness is a young person, or
(b) that a young person working in a factory with a certificate of fitness is no longer fit to
work in the capacity stated,
• he may serve on the manager of the factory a notice, examined by a certifying
surgeon, such person or young person shall not be employed, or permitted to work, in
any factory until he has been so examined and has been granted a certificate of
fitness, or has been certified for not being a young person.

SECTION 76: POWER TO MAKE RULES

• The State Government may make rules-
(a) prescribing the forms of certificate of fitness to be granted, providing for the grant of
duplicates in the event of loss of the original certificate, and fixing the fees which may
be charged for such certificates and renewals thereof and such duplicates;
(b) prescribing the physical standards to be attained by children and adolescents
working in factories
 BASIS OF
LEAVE
a)According to Section 79(1), where a worker has worked for a minimum
period of 240 days or more in a factory during any calendar year is
entitled to leave and wages on the basis:
For Adults: One day for every 20 days of work performed during the
previous calendar year
For children : One day for every fifteen days of work performed during the
previous calendar year

b) These leaves are exclusive of all holidays

c) Fraction of leave of half day or more shall be treated as full day‟s leave
and a fraction of less than half day shall be ignored.
Computation of qualifying period of 240 days: For the purpose of
calculating the minimum period, the following periods are also
included:

• Any days of lay off as agreed or as permissible under the Standing

Orders.
• For female workers, period of maternity leave not exceeding 12
weeks,
• leave earned in the year prior to that in which the leave is enjoyed

Though the above mentioned days are included in calculating the

qualifying period of 240 days, but the worker will not be entitled to
earn leave for these days.
A worker who is discharged or dismissed from service or quits his
employment or is superannuated or dies while in service during the
course of calendar year, he or his nominee shall be entitled to wages in
lieu of the quantum of leave to which he was entitled immediately
before his discharge, dismissal, quitting of employment or death.
 ACCUMULATION OR CARRY
FORWARD OF LEAVES
• If a worker does not avail any earned leave entitled
to him, it can be carried forward to the next
calendar year subject to maximum of 30 days for
adult and 40 days for children.
 HOW TO APPLY FOR LEAVE WITH
•
WAGES?
A worker must apply in writing, to the manager of
the factory at least 15 days prior to the date on
which he wishes to go on leave.
• In case, employed in a public utility sector as
defined in Section 2(n) of the Industrial Disputes Act,
1947, the application for leave shall be made 30
days in advance at least.
• These leaves cannot be availed more than 3 times in
an year.
• Application for leave for illness purpose can be
made any time
 SCHEME OF LEAVE
To ensure continuity of work, the occupier or manager should prepare a
scheme in writing, regulating the grant of leave to the workers and
lodge it with the Chief Inspector. The scheme should be prepared in
agreement of:
a) Works committee under Section 3 of IDA, 1947
b) Such other Committee formed under any other Act
c) In the absence of the above committee, the representatives of the
workers chosen in the prescribed manner.
d) The scheme shall be valid for 12 months from the date on which it
comes into force. It can be renewed with or without modification for
a further period of 12 months.
e) The scheme shall be displayed at some conspicuous and convenient
places in the factory
 WAGES DURING LEAVE PERIOD

According to Section 80(1), the worker shall be entitled to the

daily average of his total full time earnings for the days on
which he actually worked immediately preceding his leave.
This will also include dearness allowance and the cash
equivalent of the advantage accruing through the
concessional sale to workers of food grains and other articles.
But will exclude any overtime wages and bonuses.
 PAYMENT IN ADVANCE
• According to Section 81, if an adult worker has been
allowed leave for not less than 4 days and a child
worker for not less than 5 days, wages due should be
paid in advance

RECOVERY OF UNPAID WAGES

• Any unpaid wages due to workers under this
Chapter, can be recovered as delayed wages
under the provisions of the Payment of Wages Act,
1936 (Section 82)
SECTION 92: GENERAL PENALTY FOR OFFENCES
Punishable with imprisonment for a term which may extend to two
years or with fine which may extend to one lakh rupees or with both.

SECTION 93: LIABILITY OF OWNER OF PREMISES IN CERTAIN

CIRCUMSTANCES
Where in any premises separate building, independent or self-
contained floor or fiats or portions of a room or a shed are leased to
different occupiers for use as separate factories, the owner of the
premises shall be responsible for the provision and maintenance of
common facilities and services.

SECTION 94: ENHANCED PENALTY AFTER PREVIOUS CONVICTION

If any person who has been convicted before and is found guilty
again, the guilty is convicted with imprisonment for a term which may
extend to three years or with fine, between ten thousand and two lakh
rupees, or with both.
SECTION 95: PENALTY FOR OBSTRUCTING INSPECTOR
Whoever wilfully obstructs an Inspector in the exercise of any power shall be punishable with
imprisonment for a term which may extend to six months or with fine which may extend to ten
thousand rupees or with both.

SECTION 96. PENALTY FOR WRONGFULLY DISCLOSING RESULTS OF ANALYSIS UNDER

SECTION 91
Whoever, publishes or discloses to any person the results of an analysis made, shall be
punishable with imprisonment for a term, which may extend to six months or with fine, which may
extend to ten thousand rupees or with both.

SECTION 96A: PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF SECTIONS 41B,

41C AND 41H
Whoever fails to comply with the provisions of sections 41B, 41C or 41H, shall, be punishable with
imprisonment for a term which may extend to seven years and with fine which may extend to
two lakh rupees.
SECTION 97: OFFENCES BY WORKERS
(1) If any worker employed in a factory contravenes any provision of this Act
imposing any duty or liability on workers, he shall be punishable with fine which
may extend to five hundred rupees.
(2) Where a worker is convicted of an offence punishable, the occupier or
manager of the factory shall not be deemed to be guilty of an offence, unless
it is proved that he failed to take all reasonable measures for its prevention.

SECTION 98: PENALTY FOR USING FALSE CERTIFICATE OF FITNESS

When a person knowingly uses or attempts to use, one‟s or someone else‟s
certificate of fitness, for himself or someone else, shall be punishable with
imprisonment for a term, which may extend to two months or with fine which
may extend to one thousand rupees or with both.

SECTION 99: PENALTY FOR PERMITTING DOUBLE EMPLOYMENT OF CHILD

If a child works in a factory on any day on which he has already been working
in another factory, the parent or guardian or the person having custody of or
control over him or obtaining any direct benefit from his wages, shall be
punishable with fine which may extend to one thousand rupees, unless it
appears to the Court that the child so worked without the consent of such
parent, guardian or person.
SECTION 103: PRESUMPTION AS TO EMPLOYMENT
If a person is found in a factory at any time, when work is going on
or the machinery is in motion, he shall until the contrary is proved, be
deemed for the purposes of this Act and the rules made thereunder
to have been at that time employed in the factory.

SECTION 104: ONUS AS TO AGE

When any act or omission would, if a person was under a certain
age, be an offence punishable under this Act, and such person is in
the opinion of the Court prima facie under such age, the burden
shall be on the accused to prove that such person is not under such
age.

SECTION 105: COGNIZANCE OF OFFENCES

(1) No court shall take cognizance of any offence under this Act
except on complaint by, or which previous sanction in writing of, an
Inspector.
(2) No court below that of a Presidency Magistrate or of a
Magistrate of the first class shall try any offence punishable under
this Act.
SECTION 106: LIMITATION OF PROSECUTION
No court shall take cognizance of any offence punishable
under this Act unless complaint thereof is made within three
months of the date on which he alleged commission of the
offence, came to the knowledge of an Inspector.

SECTION 106A: JURISDICTION OF A COURT FOR

ENTERTAINING PROCEEDINGS, ETC., FOR OFFENCE
For the purposes of conferring jurisdiction on any court in
relation to an offence the place where the plant is for the
time being situate, shall be deemed to be the place where
such offence has been committed.
 Section 107. Appeals
• The manager of a factory on whom an order in writing by an
Inspector has been served under the provisions of this Act or the
occupier of the factory may, within thirty days of the service of the
order, appeal against it to the prescribed authority, and such
authority may subject to rules made in this behalf by the State
Government, confirm, modify or reverse the order.

• Subject to rules made in this behalf by the State Government

(which may prescribe classes of appeals which shall not be heard
with the aid of assessors), the appellate authority may, or if so
required in the petition of appeal shall, hear the appeal with the
aid of assessors, one of whom shall be appointed by the appellate
authority and the other by such body representing the industry
concerned.
Section 108. Display of notices
(1) In addition to the notices required to be displayed in any
factory by or under this Act, there shall be displayed in every
factory a notice continuing such abstracts of this Act, and
of the rules made under as may be prescribed and also the
name and address of the Inspector and the certifying
surgeon.

(2) All notices required by or under this Act to be displayed

in a factory shall be in English and in a language understood
by the majority of the workers in the factory, and shall be
displayed at some conspicuous and convenient place at or
near the main entrance to the factory, and shall be
maintained in a clean and legible condition.

(3) The Chief Inspector may, by order in writing serve on the

manager of any factory, require that there shall be
displayed in the factory any other notice or poster relating
to the health, safety or welfare of the workers in the factory
Section 109. Service of notices
The State Government may make rules prescribing the manner of the service of orders under this
Act on owners, occupiers or managers of factories.

Section 110. Returns

The State Government may make rules requiring owners, occupiers or managers of factories to
submit such returns, occasional or periodical, as may in its opinion be required for the purpose of
this Act,
Section 111. Obligations of workers
No worker in a factory -

(a) shall wilfully interfere with or misuse any appliance, convenience or other things provided
in a factory for the purposes of securing the health, safety or welfare of the worker therein;
(b) shall wilfully and without reasonable cause do anything likely to endanger himself or
others; and
(c) shall wilfully neglect to make use of any appliances or other things provided in the factory
for the purposes of securing the health or safety of the workers therein.

• If any worker employed in a factory contravenes any of the provisions of this section or of
any rule or order made there under, he shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to one hundred rupees, or
with both.
Section 111A. Right of workers, etc
Every worker shall have the right to -

(i) obtain from the occupier, information relating to worker's 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 a training centre or institute, duly approved by the Chief Inspector, where
training is imparted for workers' 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.
Section 112. General power to make rules.-

The State Government may make rule providing for any matter which, under any of the
provisions of this Act, is to be or may be prescribed or which may be considered expedient in
order to give effect to the provisions of this Act.
Section 113. Powers of Centre to give directions
The Central Government may give directions to State Government as to the carrying into
execution of the provisions of this Act.

Section 114. No charge for facilities and conveniences

Subject to the provisions of section 46 no fee or charge shall be realized from any worker in
respect of any arrangement or facilities to be provided, or any equipment or appliances to be
supplied by the occupier under the provisions of this Act.

Section 115. Publication of rules

(1) All rules made under this Act shall be published in the official Gazette and shall be subject to
the condition of previous publication, and the date to be specified under clause (3) of section 23
of the General Clauses Act, 1897 (X of 1897), shall be not less than forty-five days from the date on
which the draft of the proposed rules was published.

(2) Every rule made by the State Government under this Act shall be laid, as soon as may be, after
it is made, before the State Legislature.
Section 118. Restriction on disclosure of
information.-
(1) No Inspector shall, while in service or after leaving the service
disclose otherwise than in connection with execution, or for the
purposes, of this Act, any information relating to any
manufacturing of commercial business or any working process,
which may come to his knowledge in the course of his official
duties.

(2) Nothing in sub-section (1) shall apply to any disclosure of

information made with the previous consent in writing of the
owner of such business or process or for the purposes of any legal
proceeding (including arbitration) pursuant to this Act or of any
criminal proceeding which may be taken, whether pursuant to
this Act or otherwise or, for the purposes of any report of such
proceedings as aforesaid.

(3) If any Inspector contravenes the provisions of sub-section (1)

he shall be punishable with imprisonment for a term, which may
extend to six months or with fine, which may extend to one
Section 118A. Restriction on
disclosure of information
(1) Every Inspector shall treat as confidential the source of any
complaint brought to his notice on the breach of any provision of
this Act.

(2) No Inspector shall, while making an inspection under this Act,

disclose to the occupier, manager or his representative that the
inspection is made in pursuance of the receipt of a complaint:

Provided that nothing in this sub-section shall apply to any case in

which the person who has made the complaint has consented to
disclose his name.