Q.

1 Explain in brief the concept of "Factory", "Manufacturing", "Worker" and

"Occupier".
Answer :
FACTORY:
According to Section 2(m) of the Factories Act, 1948, "Factory" means any
premises including the precincts thereof:
(i) whereon ten or more workers are working, or were working on any day of
the preceding twelve months, and in any part of which a manufacturing process
is being carried on with the aid of power, or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working, or were working on any day
of the preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so carried
on, but does not include a mine subject to the operation of the Mines Act, 1952
or a mobile unit belonging to the armed forces of the Union, a railway running
shed or a hotel, restaurant or eating place.
A factory is a facility where goods are produced or manufactured on a large
scale. It's a centralized location equipped with machinery, equipment, and labor
to transform raw materials or components into finished products. Factories can
vary in size and specialization, catering to diverse industries such as
automotive, textile, electronics, and food processing. Factories play a crucial
role in industrial economies, driving economic growth, creating employment
opportunities, and meeting consumer demands for a wide range of goods. The
layout and organization of a factory are designed for efficiency and productivity,
with each department or section dedicated to specific production processes.For
example, an automobile factory consists of assembly lines where various
components like engines, chassis, and interiors are assembled to manufacture
cars. Similarly, a textile factory processes raw materials like cotton or polyester
into fabrics through spinning, weaving, and dyeing processes.

MANUFACTURING :
Definition:

According to Section 2(k) of the Factories Act, 1948, "Manufacturing process"

means any process for—
(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adapting any article
or substance with a view to its use, sale, transport, delivery or disposal, or
(ii) pumping oil, water, sewage or any other substance; or
(iii) generating, transforming or transmitting power; or
(iv) composing types for printing, printing by letterpress, lithography,
photogravure or other similar process or bookbinding;

but does not include any process-

(a) for domestic use of any article or substance; or
(b) for obtaining silk, cotton, wool, jute, hemp, China grass or other fibrous
substance or for cleaning, washing or dyeing any such fibrous substance; or
(c) for making or repairing any article for the personal use of the worker
employed in the factory; or
(d) for printing by lithography or photogravure or by other similar process, of
any newspaper, magazine, periodical or book;
This definition outlines the scope of activities considered as manufacturing
processes under the Factories Act, encompassing various operations involved in
treating, adapting, or processing articles or substances for commercial purposes.
Explanation : Manufacturing is the process of converting raw materials or
components into finished goods through various production techniques and
operations. It involves a series of steps, from sourcing raw materials to
assembling the final product, to meet market demands efficiently.
Manufacturing processes can be categorized into several types, including
casting, molding, machining, forming, and assembly. Each process utilizes
specific machinery, tools, and techniques tailored to the characteristics of the
raw materials and the desired product. For instance, in metal casting, molten
metal is poured into a Mold cavity to create intricate shapes like engine parts or
machine components. In injection moulding, thermoplastic materials are
injected into molds under high pressure to produce items such as plastic
containers or automotive parts. Manufacturing industries contribute
significantly to economic development by generating revenue, creating jobs,
and fostering innovation. Advanced manufacturing technologies such as
robotics, automation, and 3D printing are revolutionizing traditional
manufacturing processes, leading to increased efficiency and customization.
Definition:

According to Section 2(l) of the Factories Act, 1948, "Worker" means a person
employed, directly or by or through any agency (including a contractor) with or
without the knowledge of the principal employer, whether for remuneration or
not, in any manufacturing process, or in cleaning any part of the machinery or
premises used for a manufacturing process, or in any other kind of work
incidental to, or connected with, the manufacturing process, or the subject of the
manufacturing process. This definition encompasses individuals engaged in
various activities within a factory setting, including those directly involved in
the manufacturing process, as well as those performing ancillary tasks essential
to the manufacturing operations. It covers both permanent and temporary
workers, including those employed through contractors or agencies.
Explanation : Under the Factories Act, 1948, a worker is defined as a person
employed directly or by or through any agency, including a contractor, with or
without the knowledge of the principal employer, whether for remuneration or
not, in any manufacturing process, or in cleaning any part of the machinery or
premises used for a manufacturing process, or in any other kind of work
incidental to, or connected with, the manufacturing process, or the subject of the
manufacturing process. Workers are the backbone of any factory, responsible for
carrying out various tasks related to production, maintenance, and support
operations. They operate machinery, handle materials, inspect products, and
perform other essential functions to ensure the smooth functioning of the
factory. For instance, in an automobile manufacturing plant, workers may be
involved in assembling car components on an assembly line, inspecting finished
vehicles for quality control, or maintaining machinery and equipment to prevent
breakdowns.

OCCUPIER
Definition:
According to Section 2(n) of the Factories Act, 1948, "Occupier" means the
person who has ultimate control over the affairs of the factory, whether he is the
owner of the premises or not; and where the said affairs are entrusted to a
managing agent, such agent shall be deemed to be the occupier of the factory.
This definition identifies the individual or entity responsible for overseeing the
operations and management of the factory. It includes both the owner of the
premises and any appointed managing agent who exercises ultimate control
over the factory's affairs.
Explanation : The Factories Act, 1948 defines an occupier as the person who
has ultimate control over the affairs of the factory, whether he is the owner of
the premises or not. This includes the managing agent of the owner, lessee, or
mortgagee in possession of the premises. The occupier of a factory is
responsible for ensuring compliance with the provisions of the Factories Act,
including provisions related to health, safety, welfare, working hours, and
employment conditions of workers. They are also responsible for maintaining
records, submitting reports, and providing necessary facilities for the welfare of
workers. For example, in a manufacturing company, the CEO or plant manager
would typically be considered the occupier, as they have ultimate control over
the operations of the factory and are responsible for ensuring that all legal
requirements are met.

Q.2 : Explain in Brief the General duties of “Occupier”

Answers : Introduction to the Factories Act, 1948: The Factories Act, 1948, is a
comprehensive legislation enacted by the Government of India to regulate the
conditions of work in factories. It aims to ensure the health, safety, and welfare
of workers employed in factories, as well as to regulate various aspects of
factory operations.

General Duties of the Occupier: The occupier of a factory holds a pivotal role in
ensuring compliance with the provisions of the Factories Act, 1948. Their duties
encompass a wide range of responsibilities aimed at promoting the well-being
of workers and maintaining safe working conditions within the factory
premises.

Sections Pertaining to General Duties of the Occupier is Section 7A.

Duty to Ensure Safety
Section 7 A of the Factories Act, 1948, mandates the occupier to ensure the
safety of workers within the factory premises. This includes providing a safe
working environment, implementing safety measures, and conducting regular
inspections to identify and mitigate hazards.
Illustration:
Consider a manufacturing plant producing automotive components. The
occupier of the factory is responsible for ensuring that machinery is properly
guarded, walkways are clear of obstructions, and safety protocols are followed
during operation. Regular safety audits are conducted to identify potential risks,
and corrective measures are implemented promptly to prevent accidents.

Duty to Ensure Health

It imposes a duty on the occupier to ensure the health of workers by providing
necessary measures to prevent the outbreak of diseases and ensuring access to
medical facilities.
Illustration:
In a textile mill, the occupier is responsible for maintaining proper ventilation to
prevent the accumulation of dust and airborne particles, which can lead to
respiratory ailments among workers. Additionally, regular medical check-ups
are conducted, and first-aid facilities are provided to address any health
concerns promptly.

Duty to Ensure Welfare Facilities

The Act requires the occupier to provide welfare facilities such as drinking
water, washrooms, canteens, and restrooms to ensure the well-being and
comfort of workers.
Illustration:
In a food processing factory, the occupier ensures that clean drinking water is
readily available to workers at designated water points throughout the premises.
Adequate restroom facilities with proper sanitation are provided, along with
well-equipped canteens where workers can access nutritious meals during their
breaks.

Duty to Maintain Registers and Records

The Act mandates the occupier to maintain various registers and records
pertaining to the factory, including registers of accidents, inspection, and
dangerous occurrences, as well as records of examinations and tests conducted
on machinery.
Illustration:
The occupier of a chemical plant keeps detailed records of all accidents, near
misses, and hazardous incidents that occur within the factory premises.
Additionally, regular inspections of machinery and equipment are documented,
along with records of maintenance activities and safety tests conducted to
ensure compliance with regulatory standards.

Duty to Display Notices:

The occupier to display notices in prominent locations within the factory
premises, informing workers about various aspects such as working hours,
prohibitions, and emergency procedures.
Illustration:
Notices displaying emergency evacuation routes and procedures are
prominently displayed in a garment factory. Additionally, information regarding
prohibited activities, such as smoking in designated areas, is posted to ensure
compliance with factory rules and regulations.

Q. 3 : Write a Short Note on “Working Hours of Adult” under the Factories Act
1948
Answer : The Factories Act, 1948, regulates the working conditions of workers
employed in factories, including provisions related to working hours, rest
intervals, and overtime. These provisions are aimed at safeguarding the health,
safety, and welfare of workers while ensuring productivity and efficiency in
factory operations.
The key sections of the Factories Act, 1948, that govern working hours for
adults include:

Section 51: Weekly hours.

Section 54: Daily hours.
Section 55: Intervals for rest.
Weekly Hours (Section 51):

Section 51 of the Factories Act, 1948, prescribes the maximum number of hours
that an adult worker can be required to work in a factory on any day and in any
week.
According to this section: No adult worker shall be required or allowed to work
in a factory for more than forty-eight hours in any week. The hours of work in
any day shall not exceed nine hours, inclusive of one hour of rest.
The State Government may also exempt any factory or class or description of
factories from the provisions related to weekly hours, subject to conditions
specified in the notification.

Daily Hours (Section 54): Section 54 of the Act specifies the maximum number
of hours that an adult worker can be required to work in a factory on any day.
According to this section: No adult worker shall be required or allowed to work
in a factory for more than nine hours in any day, inclusive of the time spent for
rest.
The period of work of adult workers in a factory each day shall be so fixed that
no period shall exceed five hours and that no worker shall work for more than
five hours before he has had an interval for rest of at least half an hour.
Explanation: Section 54 ensures that adult workers are not compelled to work
excessively long hours in a single day. It sets a limit of nine hours of work per
day, inclusive of rest intervals. Additionally, it mandates that no worker should
work continuously for more than five hours without a break of at least thirty
minutes.

Intervals for Rest (Section 55): Section 55 of the Act stipulates the provision for
intervals of rest for adult workers during their working hours.
According to this section: A worker shall not be required to work for more than
five hours before he has had an interval for rest of at least half an hour.
Explanation: This section emphasizes the importance of providing regular
intervals of rest to adult workers to prevent fatigue and ensure their well-being
during the course of their workday. It mandates that workers should have a
break of at least thirty minutes after working for five consecutive hours.
Q. 4 What are the provisions for employment of Young Persons and Adults
under The Factories Act, 1948?
Answer : The Factories Act, 1948, regulates various aspects of factory
operations, including the employment of both young persons and adults. These
provisions are designed to ensure the protection of the health, safety, and
welfare of workers while promoting productivity and efficiency in factory
environments.
Provisions for Employment of Young Persons: The Factories Act, 1948,
includes specific provisions aimed at safeguarding the interests of young
persons (defined as individuals under the age of 18 years) employed in
factories.

Relevant Sections Pertaining to Employment of Young Persons:

Section 67: Prohibition of employment of young children.

Section 68: Non-adult workers to carry tokens.
Section 69: Certificates of fitness.
Section 70: Effect of certificate of fitness granted to adolescent.
Section 71: Working hours for children’s
Explanation of Provisions for Employment of Young Persons with Relevant
Sections:

Prohibition of Employment of Young Children (Section 67): Section 67 of the

Factories Act, 1948, prohibits the employment of young children in factories. It
states that no child who has not completed his fourteenth year shall be required
or allowed to work in any factory.
Explanation: This provision aims to protect the rights of children and prevent
their exploitation in the workplace. It ensures that children under the age of
fourteen are not subjected to the rigors of industrial labor and are instead
provided with opportunities for education and personal development.
Non-adult Workers to Carry Tokens (Section 68): Section 68 of the Act requires
that non-adult workers (persons who have not attained the age of seventeen
years) employed in a factory must carry a token indicating their age while
working.
Explanation: This section serves as a visual indicator to supervisors and other
workers that the individual carrying the token is not yet an adult and may
require additional supervision and protection in the workplace.

Certificates of Fitness (Section 69): Section 69 of the Act mandates that no

young person (defined as an individual who has not completed his seventeenth
year) shall be employed in any factory unless a certificate of fitness granted by a
qualified medical practitioner is in force with respect to such person.
Explanation: This provision ensures that young persons are physically fit to
perform the duties assigned to them in a factory environment. The certificate of
fitness confirms that the individual does not suffer from any medical condition
that may be aggravated by the nature of their work.

Effect of Certificate of Fitness Granted to Adolescent (Section 70): Section 70

of the Act stipulates that where a certificate of fitness is granted to an adolescent
(defined as an individual who has completed his fourteenth year but has not
completed his seventeenth year), it shall state the maximum weight, if any,
which may be lifted, carried or moved by such adolescent.

Explanation: This provision recognizes that adolescents may not have the
physical strength or maturity of adults and may therefore be more susceptible to
injuries caused by lifting heavy objects or engaging in strenuous activities. By
specifying weight restrictions in the certificate of fitness, employers can ensure
that adolescents are not assigned tasks beyond their capabilities.
(1) 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.
Explanation.—For the purpose of this sub-section “night” shall mean a period
of at least twelve consecutive hours which shall include the interval between 10
P.M. and 6 A.M.]
(2) The period of work of all children employed in a factory shall be limited to
two shifts which shallnot overlap or spread over more than five hours each; and
each child shall be employed in only one of therelays which shall not, except
with the previous permission in writing of the Chief Inspector, be changed more
frequently than once in a period of thirty days.
(3) The provisions of section 52 shall apply also to child workers and no
exemption from the provisions of that section may be granted in respect of any
child.
(4) No child shall be required or allowed to work in any factory on any day on
which he has alreadybeen working in another factory.
[(5) No female child shall be required or allowed to work in any factory except
between 8 A.M. and 7 P.M.]

Section 72: Notice of periods of work for children.—

(1) There shall be displayed and correctly maintained
in every factory in which children are employed, in accordance with the
provisions of sub-section (2) of section 108 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.
(2) The periods shown in the notice required by sub-section (1) shall be fixed
beforehand in accordance with the method laid down for adult workers in
section 61, and shall be such that children working for those periods would not
be working in contravention of any of the provisions of section 71.
(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also
to the notice required by sub-section (1) of this section.
73. Register of child workers.—(1) 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 under section 69.
[(1A) 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.]
(2) The State Government may prescribe the form of the register of child
workers, the manner in
which it shall be maintained and the period for which it shall be preserved.

Q.6 What are the provisions under The Factories Act 1948 for “Annual Leave
with wages”
Answer : Introduction: Annual leave with wages is a statutory provision aimed
at providing workers with a period of rest and recreation while ensuring that
they continue to receive their regular wages during their absence from work.
This provision is intended to promote the health, well-being, and morale of
workers while also recognizing their contribution to the productivity of the
factory.

Relevant Sections Pertaining to Annual Leave with Wages:

Annual Leave with Wages (Section 79): Section 79 of the Factories Act, 1948,
outlines the provisions for annual leave with wages for workers employed in
factories.
According to this section: Every worker who has worked for a period of 240
days or more in a calendar year shall be entitled to annual leave with wages.
The leave entitlement shall be calculated at the rate of one day for every twenty
days of work performed by the worker in the previous calendar year. The leave
shall be granted and taken in the subsequent calendar year, and it cannot be
accumulated beyond a specified limit. The leave shall be taken in such periods
as may be fixed by the occupier or manager of the factory.

Wages during the Leave Period (Section 80): For the leave allowed to him
under [section 78 or section 79, as the case may be,] a worker 2 [shall be
entitled to wages] at a rate equal to the daily average of his total full time
earnings for the days on which 3 [he actually worked] during the month
immediately preceding his leave, exclusive of any overtime and bonus but
inclusive of dearness allowance and the cash equivalent of the advantage
accruing through the concessional sale to the worker of food grains and other
articles:
[Provided that in the case of a worker who has not worked on any day during
the calendar month immediately preceding his leave, he shall be paid at a rate
equal to the daily average of his total full time earnings for the days on which he
actually worked during the last calendar month preceding his leave, in which he
actually worked, exclusive of any overtime and bonus but inclusive of dearness
allowance and the cash equivalent of the advantage accruing through the
concessional sale to the workers of food grains and other articles.]
(2) The cash equivalent of the advantage accruing through the concessional sale
to the worker of food grains and other articles shall be computed as often as
may be prescribed, on the basis of the maximum quantity of food grains and
other articles admissible to a standard family.
Section 81. Payment in advance in certain cases
A worker who has been allowed leave for not less than four days, in the case of
an adult, and five days, in the case of a child, shall, before his leave begins be
paid the wages due for the period of the leave allowed.
Section 82. Mode of recovery of unpaid wages
Any sum required to be paid by an employer, under his Chapter but not paid by
him shall be recoverable as delayed wages under the provisions of the Payment
of Wages Act, 1936 (4 of 1936).

Q. 08 What are the provisions regulating employment of women in factory?

Answer : The employment of women in factories is subject to specific
regulations outlined in the Factories Act, 1948, to safeguard their interests and
promote gender equality in the workplace. These provisions address various
aspects such as working hours, night shifts, maternity benefits, and safety
measures tailored to the needs of female workers.

Relevant Sections Pertaining to Employment of Women:

Section 66: Prohibition of employment of women and young persons near
cotton-openers.
Section 67: Prohibition of employment of young children.
Section 68: Non-adult workers to carry tokens.
Section 69: Certificates of fitness.
Section 70: Effect of certificate of fitness granted to adolescent.
Section 71: Medical examination of young persons.
Section 79: Annual leave with wages.
Section 87: Prohibition of employment of women.
Section 88: Weekly hours.
Prohibition of Employment of Women and Young Persons near Cotton-Openers
(Section 66): Section 66 of the Factories Act, 1948, prohibits the employment of
women and young persons in any part of a factory where a cotton-opener is at
work.
Explanation: This provision aims to protect women and young persons from
exposure to hazardous dust and fibers generated during the cotton-opening
process, which can pose serious health risks, particularly respiratory ailments.

Prohibition of Employment of Young Children (Section 67): Section 67 of the

Act prohibits the employment of young children (those who have not completed
their fourteenth year) in factories.
Explanation: This provision is crucial for safeguarding the rights of children and
ensuring that they are not exploited or exposed to unsafe working conditions in
factories.

Non-adult Workers to Carry Tokens (Section 68): Section 68 mandates that non-
adult workers (those who have not attained the age of seventeen years)
employed in factories must carry tokens indicating their age while working.
Explanation:The requirement for non-adult workers to carry tokens serves as a
visual indicator to supervisors and other workers that they are minors and may
require additional supervision and protection in the workplace.
Certificates of Fitness (Section 69): Section 69 stipulates that no young person
(defined as an individual who has not completed their seventeenth year) shall be
employed in any factory unless a certificate of fitness granted by a qualified
medical practitioner is in force with respect to such person.

Explanation: This provision ensures that young persons employed in factories

are physically fit to perform the duties assigned to them, thus minimizing the
risk of injuries or health issues arising from their work.

Effect of Certificate of Fitness Granted to Adolescent (Section 70):

Section 70 specifies that where a certificate of fitness is granted to an adolescent

(defined as an individual who has completed their fourteenth year but has not
completed their seventeenth year), it shall state the maximum weight, if any,
which may be lifted, carried, or moved by such adolescent.

Explanation: By specifying weight restrictions in the certificate of fitness,

employers can ensure that adolescents are not assigned tasks beyond their
physical capabilities, thereby reducing the risk of injuries or accidents in the
workplace.

Annual Leave with Wages (Section 79): Section 79 outlines the provisions for
annual leave with wages for workers employed in factories.

Explanation: This provision ensures that workers, including women, are entitled
to a period of annual leave with wages based on their length of service in the
factory during the preceding calendar year. It allows women to take time off for
rest and recreation without experiencing a loss of income.

Section 87- Dangerous operations (Prohibition of Employment of Women

Section 87 (b) : Section 87 (b) prohibits the employment of women in factories
for certain operations, processes, or work likely to cause miscarriage, risk to
health, or bodily injury.

Explanation:This provision aims to protect the health and safety of women

workers by prohibiting their employment in tasks or environments that may
pose a risk to their reproductive health or physical well-being.