Definitions

• Child: who has not completed 15years

• Adolescent: who is between 15 and 18years
• Young Person: either child or adolescent
• Adult: completed 18years
• Hazardous Process: S.2(cb)Process related to
industries in 1st schedule, where unless
special care is taken raw material…
- Would cause impairment to health
- General environmental pollution
Manufacturing Process S. 2.(k)
Any process for-
- Making, finishing, repairing, altering, ornamenting, packing
- Washing, cleaning, oiling, breaking up, demolition or
adapting any article or substance for its sale, delivery or use
- Pumping of oil, water, sewage or any other substance
- Generating, transforming and transmitting power or
- Printing process like composing, lithography, photogravure,
book binding etc.
- Construction, reconstruction, repairing, refitting or
breaking of ships and vessels
- Preserving or storing of articles in cold storage
VP Gopal Rao v. Public Prosecutor AP
- Premises – collected, moistened, stripped, sorted,
bundled, stored, packed, transported to factory
- More than 20 workers, under the supervision S. 2(k)(i)
Lal Mohd. V. Indian Railway construction co. Ltd.
- Construction of railway track on a particular site
- No article made, repaired, maintained
- Materials brought from the market
- Materials were adopted for use
- End product was not sold, delivered, disposed; adapted
- End product may be goods or otherwise, when it is
ready for use it falls with in S. 2(k)
- Not necessarily commercially different product,
preservation in cold storage
- Definition is viewed from the social welfare and
labour welfare point of view
Factory S. 2(m)
- Premises and its precincts in which 10 or more
involved in mfg. process with the aid of power
- 20 or more involved in mfg. process without the
aid of power
- Doesn’t include mine, mobile unit of armed
forces of govt. railway running shed, restaurants
- Includes all workers in different groups
- Mere computer data process is not mfg. process
unless it is part of mfg. unit
- Whether salt works come within the definition?
AH Biwandiwala v. State of Bombay
• Open land space is premises
• Premises includes precincts which widens the scope
• Conversion process falls within the meaning factory
- Admit sea water
- Fill it to crystalizing beds
- Watch the density of brine, sodium chloride
- Scrap and collect salt crystals
- Sieving and packing
- Happened because of intervention of human agency
Power Generation undertaking
• Generation, transformation and transmission
Worker S. 2(l)
• A person employed directly or through an agent
• With or without knowledge of employer
• Whether for remuneration or not
• In mfg. process, cleaning, any other kind of work
incidental or connected with mfg. process
• But doesn’t include the member of armed forces of
• Factory [s.2(m)] in any premises, precincts, 10 or more
worker, with the aid of power, worked
• By the combined operation of S. 2(m), (l) a person
employed in mfg. process, incidental, connected,
subject of , is deemed to be factory worker
• State of UP v. MP singh, the SC held that if field
worker are employed in guiding, supervising and
controlling the growth of sugarcane to be supplied to
the factory is a worker
• Bidi worker not allowed to work at home, factory
hours, need not work for entire period, not after
midday, attendance noted, absent for 8 days, paid on
piece-rates, right to reject if it doesn’t come to std.
• Made to work at factory, no supervision, limited
freedom, but not allowed to report after midday,
controlled by rejecting bidis if they are not up to std.
(Birdichand Sharma v. first civil judge Nagpur)
Concept of employment consists of 3 ingredients;
1. Employer, engages the services
2. Employee, who works for another for hire
3. Contract of service, subject to control and
supervision
- Chintaman Rao v. St. of MP, Sattedar is employed ?
- Contract for service, contractor is a person in pursuit
of independent business, undertakes to do some jobs
of work without submitting himself to supervision
- Contract of service- supervision and control
- Even u/s. 2(S) ID Act 1947 workman is relation
between the employer and the employee – master
and servant
- Nature of control and management depends upon
the nature of the job
• Workman and independent contractor
- Work himself on the other contractor gets other to
work along with himself it doesn’t affect the status
- Sattedar in bidi factory is an independent contractor
receives tobacco and supplies back rolled bidis, he is
not under the control of management
- It is not the concern of the management where he
gets the bidis rolled, obligation is to deliver bidis at
factory
- Coolies employed by sattedar to upkeep the contract
of supplying bidis, are also not worker, no privity of
contract, nor employed by agent
- Person employed in the factory engaged in
supervision & checking of quality and weight of
waste paper worked in the premises and precincts,
approved bills etc. subject of mfg. process treated
as worker in the factory
Occupier S. 2(n)
• Ultimate control over the affairs of the factory
Provided that;
(i) One of the partner or members shall be deemed occupier
(ii) Any one of the directors shall be deemed occupier
(iii) Govt. owned and controlled factory person or persons
nominated to manage affaires of the factory shall be
deemed occupier
Further it is provided;
- In case of ship being built or maintenance work carried out
in dry dock –
- The owner of the ship shall be deemed occupier for the
purposes of following sections;
- S. 6, Approval, license, registration of factory
- S. 7, before 15 days he begins to occupy, details of factory
to the CIO of factory
- S. 7A, general duties of occupier
- S. 7B, general duty of the manufacturer
- S. 17 providing suitable and sufficient lighting
- S. 18 Drinking water
- S. 19 toilets
- S. 42 washing facilities
- S. 46 canteen facilities
- S. 47 shelter, rest and lunch rooms
- S. 49 in case of more than 500 workers such many SWO
Provided that;
- Owner of the ship or his agent, master or officer in
charge or any person who contracts with the owner,
or his agent etc. shall be deemed to be owner for the
specific sections and chapters of factory Act relating
to;
- Workers employment, direct or through agency
- Machinery, plant or premises used to carryout repair
or maintenance work
- Owner is a person having ultimate control over the
factory, at times it is transferred to another person
- Manager of the factory who claims to be occupier has to
prove it before the CIO of factory
- Indian Oil Corporation Ltd., v. CIO of factories, was an
Indian co, engaged in supplying petroleum product
- As storage fall within the meaning of factory depot
manager applies for approval and license
- Petition before Patna HC; it relied up on JK Industries v.
CIO of factories, in case of company only director not
employee
- Depot owned by the co. not Govt.
- Proviso (ii) is applicable to pvt. And govt company
- Manager was not appointed by govt. but by co.
- Dismissed the petition
• Background of JK Industries case, amendment to S. 2(n)
intended to bring sense of responsibility in the minds of
persons having ultimate control
• Because director s escaped from the liability of non-
compliance and using an employee as shield who is
willingly suffer the punishment and penalty
• Position of govt. is different from co. and firm, though
ultimate control vests with it, democratic set up difficult to
say with certainty
• Welfare state does it for the benefit of public, doesn't
involve directly
• Hence corporations have such options to employ a person
or persons as occupier
 Sec. 7A General Duties of Occupier
1. Ensure reasonably practicable health, safety, welfare
2. Subject to sub sec. (1) it includes;
- Maintenance of plant & systems work, safe, without risk to
worker
- In connection with use, handling, store and transport of
substances
- Provision of such information, instruction, training and
supervision is necessary
- Maintenance of all places in the factory so as to access and
egress from the factory
- Written policy statement as to safety and health of worker
and arrangements to carry it out- notice of worker
 Sec. 7B General duties of Manufactures etc.
Articles and substances
1. who designs, mfg. imports and supplies for factory
use, shall;
- Ensure as far as is reasonably practicable articles
designed and constructed is safe – properly used
- Carryout tests and examination for ensuring safety of
worker who uses in the course of duty
- Ensure the availability of information ;
- Means of its use in any factory
- About the use for which it is designed and tested
- Conditions necessary to ensure safety and without risk
to health
 Designed and Mfg. abroad, obligations on importer

- Conform to the Indian standards

- If standards adopted is higher same has to be conformed
- Carryout research work relating to article designed and
constructed for industrial use to minimize the risk relating
to health and safety
3. Testing and examination need not be repeated, once it
is reasonably conducted and relied upon
4. These duties are relating to things done in the course of
his business
5. Written undertaking by the user as to specified steps to
be taken ensuring the safety relieves from obligations
- If articles are used without regard to the
information and advise made available by the
mfg. – inferred as not properly used
- Article includes Plant and Machineries
 Health Measure Ss. 11-20
S. 11 Cleanliness
- Every factory shall be kept clean and free from effluvia
from drain etc.
- Accumulation of dirt and refuse shall be removed daily
from floor etc. and dispose suitably
- Workroom shall be cleaned thoroughly once in week
by using disinfectants or other effective methods
- wet floor shall be provided with effective drain
- If inside walls and ceiling is painted in otherwise than
water paint or varnished – once in 5 years
- Regular paint – once in 3 years
- Cleaning of other impervious surfaces shall be
carried out once in 14 months by such method
prescribed
- Windows, doors frames and shutters shall be painted
once in 5 years
- Cleaning process shall be recorded in a register
- State govt. may exempt any factory from the
compliance and specify the alternative to clean
 Sec. 12 Disposal of waste and effluents
1. Waste and effluent shall be treated to render
innocuous
2. State govt. may prescribe rules for arrangements
and its approval by competent authority
Sec 13 Ventilation and Temperature
3. Adequate ventilation in workroom for circulation of
fresh air and temperature reasonably comfortable
- Walls and roofs are so designed and material used
should minimise the temperature
- Workroom shall be separated from process which
generate excess temperature, insulate hot parts
2. State govt. may prescribe the standard for ventilation and
temperature and measuring instruments, records for the
same
3. Chief Inspecting officer may issue order to take such
measures to reduce the temperature before deadline
Sec. 14 Dust and Fume
1. By reason of Mfg. process emission of dust, fume and
other impurity of such nature, measures to prevent
inhalation and accumulation by adoption of exhaust
instruments
2. No stationary internal combustion engine shall be
operated without conducting exhaust of dust & fume
 Sec. 15 Artificial Humidification
1. State govt. may make rules for maintaining artificial
humidification
- Prescribing the standard
- Method used for increasing humidity in air
- Directing prescribed tests for determining and recording
humidity
- Adequate Ventilation and cooling of air in workroom
2. Water used for humidification shall be from public
water supply or other source of drinking water, purified
3. Inspector can issue order for purification of water if he
is not satisfied, with in deadline
 Sec. 16 Overcrowding
• Shall not be overcrowded in workroom, injurious
• 9.9 cubic meters before commencement of Act
• 14.2 cubic meters after the commencement of Act
• Height of 4.2 meters only
• Chief inspector may by order require the occupier to
post such number of workers in compliance of
provisions
• He can exempt if it is unnecessary in the interest of
workers employed
 Sec. 17 Lighting
1. Sufficient natural or artificial lighting in workroom
and passage shall be provided and maintained
2. Window glass shall be cleaned to maintain light and
temperature
3. Provision shall be made to prevent glare, reflection
and shadow it may cause eye strain, risk of accident
4. State may prescribe standard for sufficient and
suitable light in the factory, class of factories
 Sec. 18 Drinking water
1. Arrangements shall be made to provide and
maintain drinking water point at convenient point
2. Mentioned as drinking water known language, 6
meters away from wash room, open drain, sullage
or effluents, unless it is permitted in writing by Chief
Inspector
3. If more than 250 workers are employed generally
cooling water supply shall be made in summer
4. State may make rules applicable to factories in
general or specific regarding supply of water
 Section 19 Latrines and Urinals
• Sufficient units shall be provided for convenient
access
• Separate accommodation for male and female
• Sufficiently lighted ventilated and not directly
communicated to workroom without open space
• Shall be kept clean and sanitized at all times
• Sweepers shall be employed to maintain
• More than 250 worker prescribed style
• Tailed floor or made of impervious surface
• Wash with disinfectant and detergent once in 7 days
• State may prescribe rules as to providing facility of
washroom units and obligations on the part of workers in
the interest of workers
• Sec. 20 Spittoons
• Sufficient Number of spittoons shall be provided and
maintained
• State may make rules prescribing number, type and place
of spittoons
• Notice shall be given mentioning the consequence of
spitting elsewhare
• Penalty prescribed is Rs. 5/-
 Safety Measures Sec. 21-41
Sec. 21 Fencing of Machinery
1) Following machines shall be securely fenced by
safeguards of substantial construction, maintained
and kept in position;
- Moving part of prime mover and fly wheel connected
- Headrace and tailrace of water turbines
- Stock bar projects beyond the headstock of lathe
- Safeguards have to be positioned around(i) electric
generator, rotary converter, (ii) transmission
machinery (iii) every other dangerous part of
machinery
• Position of machinery while carrying examination, lubrication,
adjustments when it is in motion shall not be considered
• Transmission machinery used in such process…while it is in
motion
2) State govt. may prescribe rules for further precaution or it
may exempt the application of this provision
State of Gujarat v. Jethalal Ghelabhai Patel, in an oil mill
worker’s hand caught in spur gear while greasing, it appeared
spur gear had cover, but it was removed
- Both trial court and HC of Gujarat relieved the manager from
liability
• However, the SC held that providing and making
provision for the safeguard is not sufficient, but it
should be kept in position, when it is not in position
foreseeability theory is applicable, can’t take the
defense of no knowledge and permission
Sec. 22 work on or near machinery in motion
- Only adult male worker, tight fitting clothes, trained,
and certified, registered for the same
Such worker shall not handle belts unless
- Not more than 15 cm width
- Pulley for the flywheel and drive
- Laced belt joints and pulleys shall be well maintained
- Secure Foothold and handholds shall be provided
- Ladder provided shall be fixed, lashed or held
- Bolts, screws, shafts, spindle rods, and pulleys shall
be properly fenced,
• No woman or young person shall be allowed to
clean, lubricate and adjust on running machine
• State govt. may prohibit cleaning etc. while machine
is running
Sec. 23 No Employment of young person on
dangerous machine
• Unless he is instructed as to dangers arising out of
machine
- Shall be provided with adequate training, and under
the supervision of person having knowledge and
experience
Sec. 24, Striking gear and devices for cutting off power
- Advertantly shifts the machine from off to on
position, belts not in use shall not be rest on shaft
- Device to lock or neutral the machine
Sec. 25 Self acting machine
- No traverse part of machine shall operate in the
space where worker pass through, minimum 45cm
distance between the structure and space in which it
is operating
26 Casing of new machinery
- Bolt, screw, key, shaft, pulley, spindle rod shall not be
projected posing danger, it shall be sunk in case
- Producer, supplier of such machine posing danger
will be held liable
- State may specify further safeguards by rules
Sec. 27 Prohibition of employment of women and
children near cotton opener
Sec. 28 Hoists and lifts
- Good mechanical construction, good material
- Maintained and examined once in 6 months
- Gate or otherwise enclosures to cages
- Safe working load
- Two support chain or ropes
- State govt. may modify or relax the application of this
provisions
Sec. 29 Lifting Machine, chains, ropes and lifting tackles provisions
similar to that of sec. 28
Sec. 30 Revolving Machinery, used for crushing, mixing, grinding etc.
- Put the notice indicating danger of working peripherals
Sec. 31 Pressure plant
- Working with air or water pressure, chamber or vessal used for the
same
- State govt, may prescribe further safeguards
Sec. 32 Floors, stairs and means of access
• Sound and spacious construction, free from obstruction
• Substances dangerous, fencing, handle bars
Sec. 33 Pits, sumps, openings in floors etc.
Sec. 34 Excessive weights
Sec. 35 Protection of eyes, lights and particles
Sec. 36 Precautions against dangerous fumes, gasses etc.
Sec. 36A Precautions against dangerous fumes, gases, etc.
exceeding 24 volts
Sec. 37 Explosive of inflammable dust, gas etc.
Sec. 38 Precautions in case of fire, prevent fire, escape
provisions, extinguishing devices
Sec 39 Power to require specifications of defective
parts or tests of stability, building and plant
Sec 40, 40A safety of buildings and machinery,
condition dangerous
Sec 40 B safety officers, where more than 1000
workers generally employed, process involved is
hazardous to health and life of the workers, such many
number of safety officers shall be employed
Welfare Measures Sec. 42-50
1. Separate washing facilities, accessible and
maintained
2. Facilities for storing and drying clothing during
working hours
3. Provisions of sitting arrangements for workers
obliged to work in a standing positions
- Provision of seating arrangements for workers doing
work which can be done in a sitting position
- State can exempt the application of this provision
4. One first-aid box with prescribed contents for every 150
workers – accessible during working hours
- In the charge of qualified person to treat first aid
- Ambulance room in a factory employing more than 500
workers- in charge of medical staff
5. State can make rules for canteens if more than 250
workers are employed
6. Provisions for shelters rest rooms and lunch rooms –
more than 150 workers – lighted and ventilated
7. Provision of crèches – more than 30 women workers
- State may prescribe rules – space, furniture, milk and
refreshment etc.
8. Qualified labour officers – more than 500 workers
Working Hours of Adults
- Not required to work for more than 48 hours in a
week
- On a day it should not be more than 9 hours
excluding shift arrangements
- No worker required to work for more than 5 hours
without break of half an hour – exceptions 6 hours
- Spread over of work in a day inclusive of rest shall
not exceed 10 and half hours – exceptions 12 hours
- Night shifts goes beyond midnight, weekly
compensatory holiday shall be consecutive 24 hours
from the end of shift
- Prohibition of overlapping shifts
Extra wages for overtime
- Wages at twice the ordinary rate
- Ordinary rate of wages includes basic, allowance and
perquisites
- Piece rate wage shall be equivalent to average wage of
a day
- Cash equivalent of the concessional sale of food grains
to the standard family
• Extra wages for OT – Twice the ordinary rate
• Notice of periods of work at conspicuous place
• Classification of workers
• Shall not contravene day and weekly hours
• Copy shall be sent to Inspector of factories
 Topics to be focused
• Definition of Factory, Worker
• Manufacturing process
• Health, safety and welfare measures
• Hazardous process
• Working hours