Chapter 1 Law of Welfare and

Working Conditions
Factories Act 1948
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Law of welfare and working condition

Purpose of introducing labour laws:

1. improvement of labour welfare

2. increasing labour productivity
3. providing reasonable level of Social Security
4. enable workers to work in freedom safety and dignity
5. provide Social Security to labour force both in organised and unorganised sectors

Laws for welfare of workers and improving their working conditions:

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Factories Act, 1948

Learning objectives:

Factories act 1948 (amended in 1987) is an act to consolidate the law regulating labour in
factories

the following elements are considered under factories act 1948-

1. ensure adequate safety measures for employees
2. promote health and welfare of workers- cleanliness, ventilation, lightning, drinking
water, latrines & urinal etc
3. prevent haphazard growth of factories
4. guidelines on working conditions in factories which include leaves, working hours,
holidays, working by children and young adults, working by women etcetera
5. working hours- an adult worker should not work more than 48 hours in a week,
should get one full holiday in a week, a woman worker should not be allowed to
work beyond 10:00 PM and before 6:00 AM, no children under the age of 14 should
be allowed to work in any factory.
6. compulsory medical examination for children under the age of 15 while admitting to
work as well as periodically
7. compulsory certificate of fitness for young workers working in harbours,
construction etc
8. compulsory constitution of site appraisal committee for as hazardous processes,
appointing competent person in handling hazardous substances.

Disclaimers:

The following points need to be kept in mind while going through all acts under industrial
relations and labour laws:

1. There are various provisions under all acts that need to be memorised. merely
understanding these provisions might not be enough.
2. Get an umbrella view of the entire act before delving into details and provisions of
the act.

How to Think:

1. You are preparing for UPSC examination, wherein you will be working as an officer at
the highest level, if selected. the best way to understand and memorise the acts is to
think like an officer on duty who is required to enforce the Acts and their provisions.
2. Everything that you read, needs to be correlated with the kind of questions that can
be asked from it in the examination. Try to frame questions from everything that you
read. That will make it easy for you to remember and reproduce the same in the
examination.

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Structure of factories act 1948:

1. History of the legislation

2. object of the act
3. applicability of the act
4. scheme of the act
5. definitions
6. statutory agencies and their powers for enforcement of the act
7. duties of occupier or manufacturer
8. measures to be taken for health, safety and welfare of workers

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Table of Contents
History of the legislation: ................................................................................................. 6
Object of the act: ............................................................................................................. 6
Applicability of the act: .................................................................................................... 6
Scheme of the act: ........................................................................................................... 6
Definitions: ...................................................................................................................... 8
Adult: ...................................................................................................................................... 8
Adolescent:.............................................................................................................................. 8
Child: ....................................................................................................................................... 8
young person: .......................................................................................................................... 8
Hazardous process: .................................................................................................................. 9
Calendar year: ......................................................................................................................... 9
Day:......................................................................................................................................... 9
week: ...................................................................................................................................... 9
Power: ..................................................................................................................................... 9
prime mover: ........................................................................................................................... 9
transmission machinery: .......................................................................................................... 9
Machinery: .............................................................................................................................. 9
Manufacturing process:.......................................................................................................... 10
Worker: ................................................................................................................................. 11
Factory: ................................................................................................................................. 14
Occupier: ............................................................................................................................... 15
Statutory Agencies and their powers for enforcement of the act: .....................................17
Measures to be taken by factories for health, safety and welfare of workers ...................19
Health: .................................................................................................................................. 19
Safety: ................................................................................................................................... 20
Provisions relating to hazardous processes: ............................................................................ 21
Constitution of site appraisal committee: ................................................................................................... 21
Compulsory disclosure of information by the occupier: ............................................................................. 21
Responsibility of occupier in relation to hazardous processes: .................................................................. 21
Inquiry committee: ...................................................................................................................................... 22
Safety committee: ....................................................................................................................................... 22
Welfare of workers: ............................................................................................................... 22
Working hours: ...............................................................................................................22
Employment of young persons: .......................................................................................23
Annual Leave with Wages ...............................................................................................24
Special Provisions ...........................................................................................................25

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Penalties and Procedures ................................................................................................26

Presumption of employment ...........................................................................................27
Limitation of prosecution (initiating legal proceedings) ...................................................27
Obligation of workers .....................................................................................................27
Rights of workers ............................................................................................................28

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History of the legislation:

• Before India’s independence, the workers were generally illiterate, poor and
unconscious of their rights. neither the government nor the law court took notice of
these labour problems arising in the country as they believed in the policy of non-
interference in employer and employee relations.
• After independence, the government realised that the prosperity of country lies
upon development of industrial growth. Welfare and prosperity of employees is a
pre-condition for Industrial growth and development.
• Two basic concepts were used to create labour legislations-
1. Wage earner is a partner in production and hence should be allowed due share
of profits in production
2. individual employer as well as community as a whole is under obligation to
protect the wellbeing of workers.
• The first factories act was enacted in 1881 which was replaced by the Act of 1934
• after independence the factories act 1948 was passed, in tune with the spirit of
constitution of India under article 24, article 39(e), 39(f), article 42, and article 48A
• after Bhopal gas disaster, the factories act was amended as a shift away from dealing
with disaster or diseases to prevention of its occurrence

Object of the act:

• The Factories act 1948 came into force with the objective to provide adequate
compensation to the affected persons
• the act extends to whole of India and persons employed in factories, Plantation,
construction, mechanically propelled vehicles and in some hazardous occupations.

Applicability of the act:

• It extends to the whole of India from 1st April 1949

• it applies to factories defined under the act. applicable to all factories using power
and employing 10 or more workers, if not using power employing 20 or more
workers; on any day of the preceding 12 months.
• it does not include a mine subject to operation of mines act 1952, a mobile unit
belonging to armed forces, a railway running shed, a hotel, restaurant or eating
place.

Scheme of the act:

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• The Act contains 120 sections and 3 schedules

• schedule 1- list of industries involving hazardous processes
• schedule 2- permissible level of certain chemical substances in work environment
• schedule 3- list of notifiable diseases

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Definitions:

Section 2 provides for definition of certain words used in the act. let us first have a look at
all the terms which have been defined under the act:

1. adult
2. adolescent
3. child
4. young person
5. hazardous process
6. calendar year
7. day
8. week
9. power
10. prime mover
11. transmission machinery
12. machinery
13. manufacturing process
14. worker
15. factory
16. occupier

Adult:
• A person who has completed 18th year of age is termed as an adult

Adolescent:
• A person who has completed his 15th year of age but has not completed his 18th
year if termed as adolescent.

Child:
• A person who has not completed his 15th year of age is termed as a child

young person:
• A person who is either a child or an adolescent

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Hazardous process:
• Any process or activity in relation to an industry, where unless special care is taken,
raw materials used, or intermediate or finished goods, bye products, wastes or
effluents - can cause material impairment to the health of persons engaged or
connected; can result in pollution of general environment.

Calendar year:
• The period of 12 months beginning with the first day of January in any year

Day:
• it means a period of 24 hours beginning at midnight

week:
• Means a period of 7 days beginning at midnight on Saturday night or such other
night as may be approved in writing for a particular area by Chief Inspector of
factories

Power:
• means electrical energy or any other form of energy which is mechanically
transmitted and not generated by human or animal agency

prime mover:
• An engine, motor or other appliance which generates or provides power

transmission machinery:
• A device by which the motion of a prime mover is transmitted or received by any
machinery

Machinery:
• Includes prime movers, transmission machinery and all other appliances whereby
power is generated, transformed, transmitted or applied

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Manufacturing process:

What all is considered under manufacturing process?

• Processing - The process of making, altering, repairing, ornamenting, finishing,
packing, oiling, washing, cleaning, breaking up, demolishing, treating or adapting any
substance with a view to its use, sale, transport, delivery or disposal.
• Pumping- pumping oil, water, sewage or any other substance
• Power – generating, transforming or transmitting power
• Printing - Printing by letter press, lithography, photogravure (printing photos), book
binding
• Ships/vessels – constructing, reconstructing, repairing, refitting, finishing or breaking
up ships or vessels
• Cold storage - preserving or storing any article in cold storage
• No transformation - Transporting, washing, cleaning, oiling and packing which do
not involve any transformation.
o To constitute a manufacture, there should not be essentially some kind of
transformation of substance and the article need not become commercially
as another and different article from what it was.
o An indisputable transformation of substance by the use of machinery and
commercial marketability of the transformed substance is enough to call it
manufacturing process.
• Laundry - The work of laundry and carpet beating were held to involve
manufacturing process.
• Tobacco - The process of moistening, stripping, breaking up, adaption, packing of
tobacco leaves to transport to companies main factory for their use in manufacturing
cigarette
• Cold storage - the process of peeling, washing etc of prawns for putting them in cold
storage with a view to sale or use or disposal.
• Stitching - stitching old gunny bags and making them fit for use
• Paper factory – bankas grass packed into bundles manually and dispatched to paper
factory
• Spices – work of garbling of pepper or curing ginger
• Salt - converting sea water into salt. the process carried out in the saltworks comes
within the definition of manufacturing process.
• Rubber - conversion of latex into sheet rubber
• Bangles - ornamentation of bangle with a view to subsequent use or sale.
ornamentation might include cutting grooves and filling with colours
• Soap- preparation of soap in soap works
• Making of Bidis
• Films - the process of tracing or adapting raw film in the preparation of movies with
a view to its use
• Kitchen of hotels - preparation of food with the aid of various electrical appliances in
kitchen of a hotel is a manufacturing process. Similarly, preparation of foodstuffs and
other eatables in the kitchen of a restaurant and use of a refrigerator for treating any
article with the view to it's sale are also considered as manufacturing process.

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• Vehicles- The business of sale of diesel oil, motor spirit, lubricants, servicing of cars
and lorries, repairing vehicles, charging batteries, by employing more than 20
workers amounts to manufacturing process
• Decorticating (removing husk etc) from groundnuts in electric mill
• Construction of Railway - use of raw materials like sleepers, bolts etc for ultimately
laying down railway line
• Hotel, eating places or restaurants – There is a contradiction here. The Supreme
court, in 1993, by its order said that an entire hotel falls within the purview of
definition of factory, whereas, the Factories Act 1948 specifically removes hotels,
eating places and restaurants from being counted under the definition of a factory.
You will find many such contradictions in Acts. In such a situation, the act is to be
followed in the examination unless there is a mention of the Court’s decision. The
Court’s decision in this case was in reference to some circumstances and facts, which
cannot be applied to the act blindly, unless amended in the act by the Legislature.
• Protection and maintenance of articles – By packing, oiling, washing, cleaning etc.
• Packing - Receiving products in bulk, packing as per clients requirements.
• Breaking up of boulders

What all is not considered under manufacturing process?

• Packing- The work of mere packing cannot be called as a manufacturing process;
Includes preliminary packing of raw material for delivering it to the factory
• Exhibition of films process i.e premiering of films
• Goods produced by Industrial schools- Industrial school or institute imparting
training producing cloth, not with a view to with sale
• Receiving news- Receiving news from various sources on a reel in a teleprinter of a
newspaper office
• Transportation- Transportation of goods on contract basis from one place to another
by road with the assistance of transport carriers (decided through a case)
• Power- the process undertaken in zonal and substations and electricity generating
stations, transforming and transmitting electricity generated at the power station
does not come under manufacturing process.

Worker: Components of definition of a worker:

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there should be an employed person

employment should be direct or through

some agency

employment should be in any

manufacturing process

employment may be for remuneration or

not

are all employees workers?

1. There should be an employed person:

• Meaning of the word Employed:
• The concept of employment involves 3 ingredients- employer, employee and
contract of employment.
• Employer is the one who employs or engages the services of other persons.
• employee is one who works for another for hire
• contract of employment is a contract of service between employer and
employee wherein the employee agrees to serve the employer subject to his
control and supervision.
• There has to be a right of the employer to supervise and control the work
done by the employee not only in the matter of directing what work the
employee is to do but also the manner in which he shall do his work i.e How
to do the work.

• The Supreme Court held that bidi roller is not a worker. if a servant has full liberty
to attend to his work according to his pleasure and not according to orders of his
master then the direction and control over the worker both in manner of the nature
of work and its details is not fulfilled. In the above case, the management was not
concerned with when the Bidis were rolled. it was only concerned with the
outcome.
• In another case the Supreme Court held that the work of garbling pepper by
winnowing, cleaning, washing and drying in lime and laid out to dry in a warehouse
are manufacturing processes. Persons employed in these processes are workers.
• A day labourer, who is not free to work for such period as he likes, not free to come
and go whenever he chose and not free to absent himself at his own will, is held to
be a worker.
• Women and girls employed in peeling, washing etc, of consignment of prawns
brought on the premises at anytime without any specified hours of work and

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without any control over their attendance, without any control over the quantum
of work, are not workers.

• Master Servant Relationship:

• Relationship of master servant is not necessary. there are cases in which
there is no such relationship and yet such persons would be workers. What
matters is “employed in" and not “employed by”. It does not matter by
whom he is employed so long as he is employed in a manufacturing process.
Examples of supervision and control of management:
• Respondents prepared Bidis at the factory and they were not at liberty to work at
their homes. They worked within certain hours. they could come and go whenever
they like. their attendance was noted in the factory. no worker could start working
after midday or continue after 7:00 PM. A worker who remained absent for 8 days
without leave could be removed. the payment was made on piece rate.
management had the right to reject Bidis that did not come up to the proper
standards. Respondents were held as workers- supervision and control of
management is present.
• It does not matter whether the employed worker is paid time rate wages or piece
rate wages.

• Partners of a concern cannot be considered to be workers.

• An independent contractor- there is no control and supervision about the
manner in which he has to achieve the work, he is not a worker.

2. Employment should be direct or through some agency:

• Employment can be by management or through some kind of employment
agency. In either case there is a contract of employment between the
management and the person employed.
3. Employment should be in any manufacturing process:
• Persons employed for cleaning any part of machinery and premises used for
manufacturing process are considered to be workers
• Persons employed in work incidental to manufacturing process are considered
to be workers.
• Workman in canteen attached to a factory are employees.
• Person employed to supply material to a Mason engaged in construction of
Furnace- Work incidental to or connected with manufacturing process.
• In soap works, packaging of soap for being sent out for sale. the Carpenter
preparing the packaging is considered to be a worker.

• It was held in a case that whether the Workman stands outside the factory
premises or inside it, if his duties are connected with the business of the factory or
connected with the factory, he is employed in the factory.

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• it was held in a case that definition of worker does not exclude those employees
who are entrusted solely with clerical duties. For example time keepers,
accountants/ Munim.
• In another case, it was held that “a person employed by a gas manufacturing
works as a Cooley for excavating and digging trenches outside the factory for
laying pipes for transporting gas to customers cannot be held to be a worker”

• The respondent corporation was running a statutory canteen through a

contractor. the workmen employed by the contractor in the canteen claimed
regularization in service of the corporation.
• Supreme Court held their claim as not sustainable:
1. The corporation was not reimbursing to the contractor the wages of the Workmen
2. two settlements had been made between contractor and canteen workmen and
the respondent corporation was not a party to either of them.

• It was held that the workmen in canteen became workers of the respondent
corporation only for the purpose of factories act and not for any other purpose.

4. Employment may be for remuneration or not:

• A person who receives wages as remuneration for his services
• A person who receives remuneration on piece work basis
• a person working as an apprentice
• a person who is a honorary worker
• it is immaterial whether the person is employed for wages or for no wages

5. Any member of the armed forces of the union is excluded from definition of worker

6. Are all employees workers?

• All workers within the ambit of definition under the act would be employees
while all employees would not be workers. the word employee has not been
defined in the act.

Factory:
• Any premises where 10 or more workers are working, or were working on any day of
the previous 12 months, where the manufacturing process is being carried on with the
aid of power.
• Any premises where 20 or more workers are working, or were working on any day of
the previous 12 months, where the manufacturing process is being carried on without
the aid of power.
• The definition of factory specifically excludes a mine subject to operations of mines
act 1952, automobile unit belonging to armed forces of the union, railway running

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shed or a hotel, restaurant or eating place. Hotels, restaurants and eating places
come under manufacturing process but do not come under the definition of factory.

Factory

Essential elements of a
Not covered by definition of factory
factory

There must be
premises Railway running sheds;
mobile units of armed
forces; hotels, eating
there must be a places or restaurants
manufacturing
process

10 or more workers-
if with aid of power;
20 or more workers if
without power

Definition of Premises and Precincts:

• The word premise is a generic term meaning open land or land with building or
building alone
• The term precincts is usually understood as a space enclosed by walls

• It was held in cases that “All the length of railway line would be phase wise
factories. company engaged in construction of railway line is factory.”
• A place solely used for some purpose other than manufacturing process carried
on in a factory or workshop does not constitute a factory.
• Salt works in which the work done is of conversion of sea water into salt crystals,
come within the meaning of the word premises.

• Seasonal factories or factories carrying on intermittent manufacturing process do

not cease to be factories within the meaning of the act.
• A workshop of Polytechnic institution registered under the factories act imparting
technical education and having power generating machines was carrying on a
trade in a systematic and organised manner. Held it will come under the
definition of factory.

Occupier:

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• A person who has the ultimate control over the affairs of the factory
• any of the individual partners or members shall be deemed to be occupier
• in a company, any one of the directors shall be deemed to be the occupier
• in the case of a factory owned or controlled by central government or state
government or local authority, the person appointed to manage the affairs of the
factory shall be deemed to be the occupier

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Statutory Agencies and their powers for enforcement of

the act:

Power to declare separate factories or a single factory:

• The state government has the power to define different departments or branches of
a factory to be separate factories
• 2 or more factories to be treated as a single factory

Power to exempt during public emergency:

• the state government has the power to exempt any factory or multiple factories
from all or any of the provisions of this act in case of public emergency. such
notification can be made for a maximum 3 months.
• public emergency means a grave emergency whereby the security of India or of any
part of the territory is threatened by war, external aggression or internal
disturbance.

Deemed approval:
• If on an application for permission to the state government or chief inspectors, no
order is communicated to the applicant within 3 months, the permission applied for
in the said application is deemed to have been granted.

Appeal to the central government:

• where permission is refused by the state government or Chief Inspector, the
applicant may appeal to the central government within 30 days.

Agencies of the state government to carry out administration of the act:

1. inspecting staff or inspectors

2. certifying surgeons
3. welfare officers
4. safety officers

Inspectors:
• The state government can appoint inspectors, additional inspectors and chief
inspectors.
• Every district magistrate shall be an inspector for his district.
• A Chief Inspector is appointed for the whole state.

Powers of Inspectors:

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• To enter any place which is used or which he has reason to believe is used as a
factory
• to make examination of the promises, plant, machinery, article or substance
• inquire into any accident or dangerous occurrence
• ask production of any register or any other document relating to the factory
• seize or take copies of any registered record or other document
• direct the occupier that the premises be left undisturbed for so long as necessary for
the purpose of any examination
• take measurements and photographs and recordings
• Any substance found on the premises that is likely to cause danger to the health or
safety or workers, direct it to be dismantled and take possession of such substance

Welfare Officers:
• The act imposes statutory obligation upon the occupier of a factory to appoint
welfare officer wherein 500 or more workers are employed.

Safety Officers:
• Occupier of factory to employ safety officers where more than 1000 workers are
employed or where manufacturing process involves risk of bodily injury, poisoning or
disease.

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Measures to be taken by factories for health, safety and

welfare of workers

Health:

• In cleanliness, every factory shall be kept clean and free from effluvia rising from any
drain or other nuisance.
o dirt and refuse has to be cleaned every day,
o the floor of work room has to be cleaned at least once every week
o The inside walls, partitions, ceilings, sides and tops of passages, staircases
have to be repainted at least once in every 5 years (painted without washable
paint)
o To be repainted at least one coat every 3 years and washed at least once
every 6 months (washable water paint)
o If they have smooth impervious services, to be cleaned at least once every 14
months
o in any other case, to be white washed at least once every 14 months
o all doors and window frames to be painted at least once every 5 years
• In case of dust and fume, where manufacturing processes like chemicals, textile or
jute create Dust and fumes, the following is required-
o to take measures to prevent inhalation and accumulation of dust and fumes
in work rooms.
o to install exhaust appliances
o the evidence of actual injury to health is not necessary. if the dust and fumes
are released in excessive quantity, and the health of the workers is affected,
offence is committed under this section
• Overcrowding-
o Minimum working space for each worker is 14.2 cubic metres of space per
worker in every work room. to calculate the work area, the space more than
4.2 metres above the level of floor will not be taken into consideration
• Lightening-
o Prevention of glare and formation of shadows necessary.
• Drinking water-
o all areas where drinking water is provided have to be legibly marked
“drinking water”
o no such point shall be situated within 6 metres of any washing place, urinal,
latrine, spittoon, open drain.
o If more than 250 workers are employed, provision should be made for
cooling drinking water during hot weather.

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Safety:

• Fencing of machinery-
o fencing of machinery in use or in motion is obligatory.
• Work on or near machinery in motion-
o Examination or operation can be carried out only by specially trained adult
male worker wearing tight fitting clothes.
o No woman or young person shall be allowed to clean, lubricate or adjust any
part of a prime mover or any transmission machinery while it is in motion or
if there is a risk of injury from any moving part of the machine.
• Employment of young persons on dangerous machines-
o A young person is not allowed to work on dangerous machines unless he has
been fully instructed, received sufficient training, under adequate supervision
of a technical expert.
• Devices for cutting off power-
o There should be suitable devices for cutting off power in emergencies from
running machinery in every workroom in every factory
• Casing of new machinery-
o Mandatory casing of new machinery to safeguard the lives of workers.
o punishment for everyone who sells or lets on hire or as agent of a seller
procures to sell for use in a factory any machinery driven by power which
does not comply with the provisions. imprisonment up to 3 months or fine up
to ₹500 or both.
• Employment of women and children near cotton openers-
o there is prohibition of employment for women and children in any part of
factory for pressing cotton in which a cotton opener is at work.
• Protection of Eyes-
o State government is to make rules and is required to provide effective
screens or goggles for protection of persons employed, in any process
involving risk of injury to eyes from particles or fragments thrown in the
course of the process, or risk to the eyes due to exposure to excessive light.
• Entry into chambers with dangerous fumes and gases-
o the act prohibits entry in any chamber, tank, pit n or other confined space in
any factory in which any gas, fume, vapour or dust is likely to be present.
o Allowed in case of provision of a manwhole of adequate size or other
effective means of egress.
o The space should be reasonably free from dangerous gases or fumes
o the person should be wearing suitable breathing apparatus and a belt
attached to a rope connected with outside space.
• Use of portable electric light in chambers-
o In enclosed spaces like chambers, tanks, pit, pipe etc, the act prohibits use of
portable electric light or any other electrical appliance of voltage exceeding
24 volts.
• Precautions in case of fire-
o safe means of escape for all persons in the event of fire
o necessary equipment and facilities for extinguishing fire

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• Employment of safety officers-

o Any factory involving 1000 or more workers, or if the operation involves any
risk of bodily injury poisoning or disease, the occupier shall employ such
number of safety officers as specified by the state government.

Provisions relating to hazardous processes:

• The factories amendment act 1987 has inserted a new chapter relating to hazardous
processes

Constitution of site appraisal committee:

• For granting permission for initial location of a factory involving hazardous process a
site appraisal committee is to be appointed by the state government. the committee
is required to recommend approval or rejection within a period of 90 days.
• If the factory is owner controlled by the central government, the state government
shall Co-opt in the site appraisal committee a representative nominated by the CG as
a member of that committee.
• Once approval is obtained from site appraisal committee, there is no need for
further approval from central board or state board under the water prevention and
control of pollution act 1974 and air prevention and control of pollution act 1981.

Compulsory disclosure of information by the occupier:

• the occupier has to disclose all information regarding dangers including health
hazards and the measures to overcome hazards, to the workers employed in the
factory.
• every occupier has to draw and on site emergency plan and detailed disaster control
measures for his factory.
• The occupier is required to lay down measures for handling usage transportation and
storage of hazardous substances.

Responsibility of occupier in relation to hazardous processes:

• Occupier is required to maintain accurate and up to date health records of workers

who are exposed to any chemical, toxic or harmful substances which are
manufactured or stored in the factory.
• The workers shall have complete accessibility to such records
• the occupier has to provide for medical examination of every worker involved in
handling of hazardous substances at intervals not exceeding 12 months.

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Inquiry committee:

• the central government has the power to appoint an inquiry committee if there is an
extraordinary situation involving a factory engaged in a hazardous process.

Safety committee:

• a safety committee with equal number of representatives of workers and

management is to be created for cooperation between workers and management in
maintaining safety and health at work.

Welfare of workers:

• Washing facility- separate for males and females workers

• facility for storing and drying clothing
• facility for sitting
• first aid appliance- at least one box or cupboard for everyone 150 workers
• canteen- where more than 250 workers are employed
• shelters restrooms and lunchrooms- every factory where more than 150 workers are
employed.
• Creche - for use of children under the age of 6 years of women in any factory where
more than 30 women workers are employed.
• welfare officers- factory wherein 500 or more workers are employed.

Working hours:

• Weekly hours- not more than 48 hours in any week.

• Weekly holidays- there shall be holiday for a whole day in every week.
o Such holiday can be substituted for any one of the 3 days before or after the
first day of the week. this means that there shall be a holiday during 10 days
and no adult worker can work for more than 10 days consecutively without a
holiday for a whole day.
o If a worker is deprived of any weekly holidays, he has to be given
compensatory holidays within the month in which he holidays due were not
given, or within 2 months immediately following that month.
• Daily hours- An adult worker, weather male or female, shall not be allowed to work
in a factory for more than 9 hours in a day. the daily hours of work have to be so

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adjusted that the total weekly hours does not exceed 48. the liability of employer
cannot be absolved on the ground that workers are willing to work for longer hours
without any extra payment.
• Rest intervals- no period of work shall exceed 5 hours and no worker can work for
more than 5 hours before he has had an interval for rest of at least half an hour.
o Even if the state government exempts the factory from the above rule, the
total hours worked by worker without an interval cannot exceed 6.
• Spread of entire work day- the period of work of an adult worker has to be so
arranged that it does not spread over more than 10 and half hours in any day. the
spread can be increased to up to 12 hours after permission from Chief Inspector.
• Extra wages for overtime- if any worker works for more than 9 hours in any day, or
48 hours in any week, he is entitled to get wages at the rate of twice his ordinary
rate of wages. the ordinary rate of wages means basic wages plus allowances.
o the ordinary rate of wages does not include house rent allowance and bonus.
o if the worker is paid on piece rate basis, the time rates shall be considered
equivalent to daily average of their full time earnings.
• Restriction on double employment- no adult worker shall be allowed to work in any
factory on any day on which he has already been working in any other factory.
• Register of adult workers- the manager of every factory has to maintain register of
adult workers to be available to the inspector at all times.
o the register shall contain the name of each adult worker in the factory and
nature of his work
o No worker is allowed to work in a factory unless his name and other
particulars have been entered in the register of adult workers.
• Rules for persons holding position of supervision or management or confidential
position in a factory-
o the total number of hours of work in any day shall not exceed 10.
o the spread over inclusive of intervals shall not exceed 12 hours
o the total number of hours of work in a week including overtime cannot
exceed 60
o the total number of hours of overtime cannot exceed 50 for one quarter
• Restriction on employment of women- no women can be allowed to work in any
factory except between 6:00 AM and 7:00 PM. the state government can by an
Official Gazette change the above time limit, but no woman can be asked to work
between 10PM and 5AM.
o Potential employment to a woman cannot be denied on the sole ground of
sex when no other factor arises.

Employment of young persons:

• A child who has not completed his 14th year cannot be employed in any factory.
• An adolescent who has completed 14th year can be allowed only after a certificate
of fitness is granted. (work as a child).

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• A person who has completed 15th year and is fit for full days’ work can be granted a
certificate of fitness to work as an adult.
• A certificate of fitness is valid for 12 months.
• An adolescent who has received certificate of fitness to work as an adult is treated as
an adult for working hours and leaves.
• An adolescent who has not attained the age of 17 years but has received certificate
of fitness to work in a factory as an adult is allowed to work between 6:00 AM and
7:00 PM.
• A child is not allowed to work for more than 4 and a half hours in any day and night.
night means time interval between 10:00 PM to 6:00 AM.
• A female child cannot be allowed to work in any factory except between 8:00 AM
and 7:00 PM.
• It is mandatory for manager of a factory to maintain register of child workers which
includes name, nature of work and number of certificate of fitness.

Annual Leave with Wages

• If the agreement between worker and employer provides for a longer annual leave
with wages than provided in this act, then the agreement shall be followed.
• If the agreement provides for less favourable leave with wages than provided in this
act, then the provisions of this act shall apply.
• “Annual leaves with wages” under this act shall not apply to Factories of railways,
administered by the government.
• Basis of leave- If a worker has worked for 240 days or more in a calendar year,
worker is entitled to leave with wages on the following basis-
o Adult- 1 day for every 20 days of work done
o Child- 1 day for every 15 days of work done
o Fraction of leave of half a day or more to be treated as full day leave, less
than half a day to be ignored.
• How to calculate qualifying period of 240 days- the following are included-
o Days of lay off
o Period of maternity for women upto 12 weeks
o Leave earned in the previous year
o The above mentioned days are used in calculating qualifying period but no
leave is granted for these days.
• Accumulation or carry forward of leaves-
o If any worker does not avail any earned leave entitled to him, he can carry it
forward to the next calendar year, maximum of 30 days for adults and 40
days for child.
• How to apply for leave with wages-
o Apply in writing to the manager, atleast 15 days in advance

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o If employed in public utility service- 30 days in advance

o Maximum times leaves with wages can be availed- 3 times per year
• Wages during leave periods-
o The worker is entitled to wages at a rate equal to daily average of his total
full time earnings for the day on which he actually worked. Includes Basic+
DA, excludes overtime and bonus.
o Standard family means worker, spouse, 2 children below 14 years of age.
Concessional foodgrains and other articles provided to standard family are
also included in wages during leave period.
• Advance payment-
o An adult worker given leave of more than or 4 days, a child for 5 or more
days, shall be paid wages for leaves in advance.
• Unpaid wages recovery-
o Recovery of unpaid wages comes under payment of wages act 1936

Special Provisions

• Power to exempt public institutions-

o The state government can exempt any office of public institution from
provisions of this act, if that institute is maintained for education training,
research or information.
• Dangerous operations- If a state government tags any manufacturing process in a
factory as exposing workers to serious risk of injury, poisoning, disease, etc, it can
make rules for such factories-
o It can specify and declare some manufacturing processes to be dangerous
o It can prohibit employment of women, adolescents, children
o Mandatory periodical medical examination and prohibit people to work who
are not fit
o Protection rules for workers and people living in the vicinity
o Restricted use of any specified materials
o Additional welfare amenities, sanitary facilities, protective gear to workers
• Prohibit employment due to serious hazard-
o If the factory conditions can cause serious hazard, the inspector can prohibit
employer to employ any worker. Effective period – 3 days. Can be extended
by the chief inspector by another order.
o Right to appeal to high court.
o Workers are entitled to wages for the affected period.
• Notice of accident in the factory-
o If an accident occurs that results in either death or serious injury, the person
injured is not allowed to work for a minimum of 48 hours or more. the notice
of the accident is to be sent to authorities. In case of death, the authority is
required to inquire and identify reason within 1 month.
• Notice of diseases-

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o If a worker in a factory contacts any disease specified in schedule 3, the

manager is required to send notice to authorities.
o If a medical practitioner identifies any disease specified in schedule 3, he is
required to notify the authorities. Failure on the part of medical practitioner
to comply is punishable with fine upto 1000 rupees
• Power of inquiry into cases of accident or disease-
o The SG has to appoint a competent person to inquire into causes of accident
or disease in a factory. The person appointed has all powers of a civil court
under CPC 1908.
• Power to take sample-
o An inspector can take samples from a factory at any time during normal
working hours.
o To divide the sample into 3 portions-
▪ 1 portion for the factory manager/owner
▪ 1 portion for government analyst
▪ 1 portion for production to the court.

Penalties and Procedures

General penalty for any
offence
Liability- owner or occupier
Enhanced penalty after
previous conviction (new
violation after 2 years of
commission for previous
conviction)
Penalty for obstructing
inspector
For Violating any provisions
of this act
Repetition of the above
violation
Violation causing death or
serious injury (permanent
loss of use of body part)
Violation of the above
Violation causing death or
injury
Wilfully obstructs an
inspector
Fails to produce any register
or documents demanded by
the inspector
Prevents any worker to
appear before inspector
Imprisonment- max 2 years
Fine- Max 1 lakh or BOTH
Fine of Rs 1000 per day
Fine- Max Rs 25000-
accident causing death
Fine- Max Rs 5000- accident
causing serious injury
Imprisonment- max 3 years
Fine between 10,000 to 2
lakh
Fine- 35000 for death
Fine- 1000 for injury
Imprisonment- upto 6
months
Fine- upto Rs 10000

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Wrongfully discloses results Publishing or disclosing to Imprisonment- upto 6

of analysis of samples
Not disclosing hazardous
processes
Offence by workers
Using false certificate of
fitness
Penalty for double
employment of child
any person results of
analysis of samples
Violation, or continuation of
violation beyond 1 year
after conviction
Violate any provision
Already working in another
factory
months
Fine- upto 10000 or both
Imprisonment – upto 7
years
Fine – upto 2 lakh
Additional fine- 5000 per
day- if violation continues
after conviction
Imprisonment can extend
upto 10 years –
(continuation of violation
beyond 1 year after
conviction)
Fine upto 500 Rs
Imprisonment- upto 2
months
Fine- upto 1000
Fine upto 1000

Presumption of employment

• If a person is found in the factory at anytime other than intervals or rest, he is

deemed to be employed in the factory for the purpose of this act

Limitation of prosecution (initiating legal proceedings)

• The offence came to the knowledge of inspector --> complaint should be made
within 3 months
• Offence of disobeying written order of an inspector --> complaint can be made
within 6 months of offence being committed

Obligation of workers

• If a worker misuses appliances, do anything to endanger himself or others, neglect to

make use of any appliance, punishable with imprisonment upto 3 months, fine upto
100 or both.

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Rights of workers

• Obtain info about workers health and safety from the occupier
• Get trained within the factory wherever possible, or get himself sponsored by the
occupier for training.
• Represent to the inspector directly for inadequate provisions for protection of his
health and safety in the factory.

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