Factories Act, 1948

Health Related Provisions

Cleanliness Section 11

• Every factory shall be kept clean and free from effluvia arising from any drain, privy
or other nuisance,
• the floor of every workroom shall be cleaned at least once in every week
• If floor is likely to become wet it must have drainage
• Repainting and cleaning of inside walls and partitions, all ceilings or tops of rooms
and all walls at prescribed times
• Exemption from requirements may be sought if nature of business doesn’t permit
such rules to be followed

Disposal of wastes and effluents Section 12

• Effective arrangements shall be made in every factory for the treatment of wastes and
effluents due to the manufacturing process carried on therein, so as to render them
innocuous, and for their disposal

Ventilation and Temperature Section 13

• Effective provisions to be made for adequate ventilation by circulation of fresh air

and a comfortable temperature in workroom
• Temp should be as low as possible
• Chief Inspector may order for appropriate measures to be taken in workplace which
he deems to have excessively high temperatures

Dust and Fume Section 14

• Workrooms should be kept free from dust and fumes

• Effective measures to prevent inhalation and accumulation of dust in any workroom
 • Any internal combustion engine can operate only if the exhaust is conducted in open
air and adequate measures have been taken to prevent inhalation of fumes

Artificial Humidification S. 15

• In factories where humidity is artificially increased SG may make rules prescribing

stds of humidification
• Water used for humidification must be public water and must be purified before use
• Inspector can serve notice on manger of factory if stds are not met

Overcrowding Section 16

• No room in any factory should be overcrowded to an extent that it would be injurious

to health of the workers
• Factory existing before this Act – 9.9 cubic mtrs per employee
• Factory after enactment of present act – 14.2 cubic mtrs
• Chief Inspector may require factories to specify how many people should be present
in each room
• Chief Inspector may if he deems fit exempt work room from conditions. He must
keep in mind interest and health of workers employed there

Lighting Section 17

• Sufficient lighting where workers are working of passing

• Windows & skylights have to be cleaned inside and outside
• Glare must be prevented
• Formation of shadows that cause eye strain or possibility of accident must be avoided
• SG may prescribe standards for the same
Drinking water Section 18

• At suitable points arrangements must be made for wholesome drinking water

• Such points must be marked as ‘drinking water’.
• Such point should not be within six meters of any washing place, urinal, latrine,
spittoon, open drain carrying sullage or effluent or any other source of contamination
unless Chief Inspector approves the same
• More than 250 workers – cool drinking water must be available and properly
distributed on hot days
• SH may prescribe rules and standards for the same

Latrines and urinals Section 19

• sufficient latrine and urinal accommodation of prescribed types shall be provided

conveniently situated and accessible to workers at all times while they are at factory
• Separate bathrooms for men and women
• Must be clean and sanitary at all times
• Factory with more than 250 workers- Higher stds prescribed to be followed wrt to
floor and walls of latrines etc.

Spittoons Section 20

• Every factory there shall have sufficient number of spittoons in convenient places
and they shall be maintained in a clean and hygienic condition.
• SG to set rules in terms of number of spittoons to be provided
• No spitting except in spittoons by workers
• Whoever – Spits – fine up to 5 Rs
Welfare Provisions

Washing facilities Section 42

• Adequate washing facility must be provided

• Separate facilities for men and women
• Such facilities must be easily accessible kept clean
• SG to prescribe rules

Facilities for storing and drying clothing Section 43

• SG may in respect of any factory or class of factories make rules prescribing a

suitable place to keep clothes that are not worn during the day and to dry wet clothes

Facilities for sitting Section 44

• Suitable arrangements for sitting must be made and provided to workers who have to
work in standing position
• Chief inspector can direct a place to make arrangements for sitting and working if he
feels that the place can be run in such a manner
• SG- provide exemption through notification that sitting arrangements need not be
made for certain class of industries

First-aid-appliances Section 45

• Readily accessible first aid for at least 150 workers at any given time
• Resource personnel for First Aid who is readily available at all working hours
• If more than 500 workers – Ambulance room with prescribed equipment and nursing
staff

Canteens Section 46

• SG may make rules requiring establishments with more than 250 people to maintain
canteens along with other prescribed norms which the canteens have to follow
Shelters, restrooms and lunch-rooms Section 47

• 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
• Must have sufficient lighting and ventilation
• SG can prescribe stds and exempt any class of factories or factory

Crèches Section 48

• More than 30 women workers employed – rooms for children under age of 6 and for
women to use
• Such rooms must have adequate lighting & ventilation
• SG may prescribe other rules
o Construction stds
o Additional facilities to take care of kids
o Provision of free milk or refreshment
o Facility in factory to feed children

Welfare Officers Section 49

• five hundred or more workers are ordinarily employed the occupier shall employ in
the factory such number of welfare officers as may be prescribed
• SG to prescribe standard, criteria, qualifications etc

Provision Relating to Hazardous Processes

- Section 2(cb) - hazardous process" means any process or activity in relation to an

industry specified in the First Schedule”
- By virtues of the raw materials used / the intermediate or finished products, bye-products/
wastes or effluents thereof would- cause , there may be a chance of material impairment
to the health of the persons engaged in or connected therewith, or result in the pollution
of the general environment
 Section 41 A – Constitution of Site Appraisal Committee

• Set u for the purposes of advising SG to consider applications for grant of permission
for the initial location of a factory involving a hazardous process or for the expansion
of an such factory
• Members of Site Appraisal Committee
- Chief Inspector – Chairman
- Rep of Central Board for thee Prevention and Control of Water Pollution
- representative of the Central Board for the Prevention and Control of Air
Pollution
- representative of the State Board for the Prevention and Control of Air
Pollution
- representative of the Department of Environment in the State
- Rep of MET
- An expert in field of occupational health
- Rep of Town Planning Dept
- SG may act 5 member- Scientists, Rep of local authority and not more than 3
other persons deemed fit by SG

Functions of the site appraisal committee

1. Shall examine an application

2. Make its recommendation
3. Within a period of ninety days of the receipt of such application
4. Shall disclose all information regarding dangers, and the measures to overcome
such hazards arising from the exposure to, or handling of the materials in the
manufacture, transportation, storage, and other processes.
5. Quantity, specifications, and other characteristics of wastes
6. manner of their disposal
Section 41B - Compulsory disclosure of information by the occupier

• In the case of factory involving a hazardous process, shall Disclose all

information to [S. 41B (1)]
1. the workers employed in the factory
2. the chief inspector
3. the local authority within whose jurisdiction the factory is situated
4. The general public in the vicinity.
• [S. 41B (2)] - At the time of registering the factory involving a hazardous process,
lay down a detailed policy with respect to workers employed. The same must be
disclosed to-
1. Workmen
2. Chief Inspector
3. Local authority
• [S. 41B (3)] – Occupier with approval of Chief Inspector shall draw up an on site
emergency plan and detailed disaster control measures. The same must be
intimated to the workmen and the people living in the vicinity of the factory. They
must also be informed of the safety measures to be taken in case of an accident
• [S. 41B (4)] – Factories to inform Chief Inspector of nature of hazardous process
undertaken within 30 days of such process being started

Responsibility of the occupier in a factory involving hazardous process [S. 41C(1)]

• Maintain accurate and up-to-date medical records

• Such records shall be accessible to the workers
• Appoint qualified and experienced personnel to supervise handling of hazardous
substances
• Provide necessary facilities to protect the workers from any hazardous process
• Medical Examination
o Before joining work on hazardous work
o After joining at interval not exceeding 12 months
Power of Central Government to appoint Inquiry Committee S. 41D

- In the event of extra ordinary situation CG can appoint inquiry committee

o Conditions of health and safety
o Error and failure
o Prevention and recurrence of such emergency in future
o Advisory power
- Committee – Chairman + 2 members
- Emergency standards S. 41E –
• Central Government is empowered to direct the Director General of Factory
Advice Service and Labour Institutes / any institution, if there is no standards of
safety prescribed or if existing standards are Inadequate.
- Permissible limits of exposure of chemical and toxic substances S. 41F [2nd schedule]
- Workers' participation in safety management S. 41G –
• 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
periodical the measures taken in that regard
• SG may in writing exempt any factory or class of factories in this regard
- Right of workers to warn about imminent danger S. 41H
• Workers must report to the mgmt when they are in reasonable apprehension of
imminent danger
• Occupier/manager must take immediate remedial action
Conditions for working hours available to factory workers

• Section 51. Weekly hours. – 48 hrs in a week

• Section 52 - Weekly holidays. – first day of the week unless-
i. he had a whole day holiday in one of the preceding 3 days–
ii. Manger has before the said or substituted day
o Delivered notice to office of inspector of his intention to require
the worker to work on the said day and the day for which it has
been substituted
o Display the notice in the factory.
• Section 53- Provision of Compensatory holidays. – If any weekly holidays are lost in a
month the same has to be compensated within the next 2 months
• Section 54 -Daily hours. - Maximum 9 hrs. per day
• Section 55. Intervals for rest. –
- Five hours continuous work, half an hour interval,
• Section 56- Period of work including interval should not spread over more than ten
and a half hours in any day: But the Chief Inspector may, for reasons to be specified in
writing, increase the spread over up to twelve hours.
• Section 59 - Extra wages for overtime. -rate of twice his ordinary rate of wages.
• Section 60. Restriction on Double Employment. – cannot work in 2 factories on same
day
• Section 61. Notice of periods of work for adults.
o Shows every day the period for which the person must work
o SG to prescribe norms
o Any change in system of work must be through change in notice
and the Inspector must be duly notified
• Section 62. Register of adult workers. – Name, nature of work, group etc
Case Laws

1. LancoAnpara Power Limited v State of Uttar Pradesh and others.,2016 (151) FLR
796
(https://www.mondaq.com/india/construction-planning/551172/sc-clears-the-air-on-the-
application-of-the-building-and-other-constructions-workers-regulation-of-employment-
and-conditions-of-service-act
1996#:~:text=The%20recent%20landmark%20judgement%20of,and%20other%20Constr
uction%20Workers%20(Regulation) (Case summary)

The Appellants were issued show cause notices by the concerned authorities under the
provisions of the Building And Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 (BOCW Act) and Buildings And Other Construction
Workers Welfare Cess Act, 1996 (Welfare Cess Act). They had challenged the notices by
filing petitions in the High Courts on the ground that the provisions of BOCW Act or Welfare
Cess Act were not applicable to them because of the reason that they were registered under
the Factories Act, 1948. All these Appellants were in the process of construction of civil
works/factory buildings etc. wherein they had planned to set up their factories. As the process
of construction of civil works was undertaken by the Appellants wherein construction workers
were engaged, the Respondent authorities took the view that the provisions of the those Acts
which were meant for construction workers became applicable and the Appellants were
supposed to pay the cess for the welfare of the said workers engaged in the construction work.

(i) The "factory" is that establishment where manufacturing process is carried on with or
without the aid of power. Carrying on this manufacturing process or manufacturing activity is
thus a prerequisite. It is equally pertinent to note that it covers only those workers who are
engaged in the said manufacturing process. Insofar as these Appellants were concerned,
construction of building was not their business activity or manufacturing process. In fact, the
building was being constructed for carrying out the particular manufacturing process. The
workers who were engaged in construction of the building also did not fall within the
definition of 'worker' under the Factories Act, 1948. If the contention of the Appellants was
accepted, the construction workers engaged in the construction of building undertaken by the
Appellants which was to be used ultimately as factory, would stand excluded from the
provisions of BOCW Act and Welfare Cess Act as well. This could not be the intention while
providing the definition of 'building and other construction work' in Section 2(d) of BOCW
Act.

(ii) Before the stage, when construction of the project is completed and the manufacturing
process starts, 'factory' within the meaning of Section 2(m) of the Factories Act, 1948 does
not come into existence so as to be covered by the said Act. [23]

(iv) Rightly contended by the Respondents that 'superior purpose' contained in BOCW Act
and Welfare Cess Act has to be kept in mind when two enactments, the Factories Act on the
one hand and BOCW Act/Welfare Cess Act on the other hand, are involved, both of which
are welfare legislations.

(v) Even after the building is completed before it is occupied, notice under Section 7 of Act,
1948 is to be given by the occupier to the Chief Inspector of Factories so that a necessary
inspection is carried out to verify that all such measures are in place. Therefore, when the
permissions for construction of factories is given, the purpose is altogether different. Since the
construction workers are not covered by the Factories Act and, therefore, welfare measures
specifically provided for such workers under the BOCW Act and Welfare Cess Act cannot be
denied.

2. Misra Dhatu Nigam Ltd. V. M. Venkataiah AIR 2003 SC 3124

- Factories Act, 1948 - Section 46--Employment -- Regularisation--Appellant required by law
to maintain canteen for benefit of workmen--Canteen of appellant run by workers engaged
through contractors--Canteen workers held to be employees of appellant, i.e., principal
employer--Hence, entitled to regularisation of their services--No merit in appeals.

3. National Thermal Power Corporation Ltd. V. Karri Pothuraju AIR 2003 SC 3647
o Corp – had 2300 employees was running a canteen with around 50 employees
through contractor
o Canteen employees sought regularisation
o Held: appellant under Section 46 had an obligation to run the canteen and the
contention that they were being employed through the contractor and were not
 performing any work incidental to the mfg aspect of the establishment was not
sustainable

4. John Douglas Keith Brown v. State of W.B. AIR 1965 SC 134

o Appellant was occupier
o Mangers did not follow provisions of S. 52 but had informed appellant that he
would be asking workers to work on weekly holiday
o It was argued that the occupier cannot be vicariously liable for the manager not
providing the notice under S.52
o Held – While notice duty falls on Manager, the first part of the section i.e clause
(a) applies generally and both the manager and occupier will be liable
o The court further pointed out that the occupier had knowledge of the fact that the
same was being conducted in violation to S. 52 & therefore the occupier must be
held liable along with the manager

THE FACTORIES ACT, 1948

law relating to health, safety and working conditions

Health Related provisions Ch. III

o Cleanliness S. 11
o Disposal of wastes and effluents S. 12
o Ventilation and Temperature S. 13
o Dust and Fume S. 14
o Artificial Humidification S. 15
o Overcrowding S. 16
o Lighting S. 17
o Drinking water S. 18
o Latrines and urinals S. 19
o Spittoons S. 20
o Welfare Provisions ch. 5
 o Washing facilities S.42
o Facilities for storing and drying clothing S.43
o Facilities for sitting S.44
o First-aid-appliances S.45
o Canteens S.46
o Shelters, restrooms and lunch-rooms S.47
o Crèches S.48
o Welfare Officers S.49

Provisions relating to factories engaged in hazardous activities “Hazardous process” [see 1

st schedule.] means any process or activity in relation to an industry specified in the 1st Sch.
By virtues of the raw materials used / the intermediate or finished products, bye-products/
wastes or effluents thereof would- cause , there may be a chance of material impairment to
the health of the persons engaged in or connected therewith, or result in the pollution of the
general environment:
Condition
If no adequate care is taken
Legal Provisions
41A. Constitution of Site Appraisal Committees
o Give advice in considering applications
o for grant of permission for the initial location of a factory involving a hazardous
process
o for the expansion of any such factory

Site Appraisal Committee consisting of- The Chief Inspector of the State
1. Central Board/ Water Act -
2. Central Board u/ Air Act - State Board
3. Department of Environment in the State
4. Meteorological Department of the GOI
5. An expert in the field of occupational health
6. A representative of the Town Planning Department of the State Government
7. A scientist having specialized knowledge of the hazardous process which will be
involved in the factory
8. A representative of the local authority within whose jurisdiction the factory is to be
established

Functions of the site appraisal committee

o Shall examine an application
o Make its recommendation
o Within a period of ninety days of the receipt of such application

1. Shall disclose all information regarding dangers, and the measures to overcome such
hazards arising from the exposure to, or handling of the materials in the manufacture,
transportation, storage, and other processes.
2. Quantity, specifications, and other characteristics of wastes
3. manner of their disposal

In the case of factory involving a hazardous process, shall Disclose all information to
o the workers employed in the factory
o the chief inspector
o the local authority within whose jurisdiction the factory is situated
o the general public in the vicinity.

Factory involving a Hazardous Process Section 41 B

The occupier shall, lay down a detailed policy with respect to the health and safety of the
workers employed. • Intimation to
1. Workmen
2. Chief Inspector
3. local authority
Section-41 B
Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency
plan and detailed disaster-control measures for his factory and make known to the workers
employed therein & to the general public living in the vicinity of the factory the safety
measures required to be taken in the event of an accident taking place. Contravention
liable for cancellation of license (s. 41 B)

Responsibility of the occupier in a factory involving hazardous process

o Maintain accurate and up-to-date medical records
o Such records shall be accessible to the workers
o Provide for medical examination of every worker
o Before assigning job involving handling of HP - During - after he/ she has ceased
o Appoint competent supervisors

Power of Central Government to appoint Inquiry Committee S. 41D

In the event of extra ordinary situation
o Conditions of health and safety
o Error and failure
o Prevention and recurrence of such emergency in future
o Advisory power

Emergency standards S. 41E –

[Central Government is empowered to direct the Director General of Factory Advice
Service and Labour Institutes / any institution, if there is no standards of safety prescribed
and if existing standards are Inadequate.
Permissible limits of exposure of chemical and toxic substances S. 41F [2nd schedule]
Workers' participation in safety management S. 41G -
Right of workers to warn about imminent danger S. 41H
The conditions for working hours available to a factory worker
Section 51. Weekly hours. – Weekly holidays. –Display the notice in the factory. Provision
of Compensatory holidays. -
Daily hours. - Maximum 9 hrs. per day
Section 55. Intervals for rest. - Five hours continuous work, half an hour interval,
including interval they shall not spread over more than ten and a half hours in any day:
But the Chief Inspector may, for reasons to be specified in writing, increase the spread over
up to twelve hours. Extra wages for overtime. -rate of twice his ordinary rate of wages.
Section 60. Restriction on Double Employment. -
Section 61. Notice of periods of work for adults. -
Section 62. Register of adult workers. -

Case laws
1. LancoAnpara Power Limited v State of Uttar Pradesh and others.,2016 (151) FLR 796
2. Misra Dhatu Nigam Ltd. V. M. Venkataiah AIR 2003 SC 3124
3. National Thermal Power Corporation Ltd. V. Karri Pothuraju AIR 2003 SC 3647
4. John Douglas Keith Brown v. State of W.B. AIR 1965 SC 1341