SINHGAD LAW

COLLEGE
PUNE
A
PRESENTATION
ON

THE FACTORIES
ACT, 1948
Presented by:
KHUSBOO KHARBANDA
BA.LLB(IV)Year
Roll N0- 39
Subject- Labour &
Indusrial law
 INTRODUCTION
 The industrial labour ever since the industrial revolution has been often exploited. Their
conditions were so miserable that it was considered indispensable to protect them against
industr and occupational hazards.
 The first Factory Act was passed in 1881, due to rapid industrialization India during the 2nd half
of the 19th Century, since then the Act has been amended several times In order to remove its
inherent weakness and keep peace (harmony) with changing needs of working class the Act of
1948 was passed.
 There was a genuine need for the revision of the Act; therefore, Factories Act was passed in 1948,
which is a consolidation of previous law.
 The Factories Act, 1948 is a comprehensive piece of legislation covering all aspects regarding the
factories namely, approval, licensing and registration of factories, the inspecting authorities
health, safety, welfare, working hours, employment of adult and young children, annual leave
and penalties.
 To protect human
To provide for healthy
beings from unduly
and sanitary conditions
OBJECT OF FACTORY ACT
long hours of bodily
strain or manual labour.
in the factories.

To provide for the

To take precautions for
prevention of accidents
the safety of the
on machines and other
workers.
equipments.

To regulate and control

it's working by
appointing Inspectors
by the State Govt.
 DEFINITION
 According to S.2 (m) factory means any premises including the
precinct thereof 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 ordinarly so carried on, or
 whereon twenty or more workers are working or were working on
any day of the preceding power or is ordinarily so carried on, or
twelve months, and any part of which a manufacturing process is
being carried on without the aid of power or is ordinarily so carried
on.
 RESPONSIBLE PERSONS

 Occupier and Manager are the responsible person for

implementation of the provision envisaged in this act.
 OCCUPIER - person who has got the ultimate control
over the affairs of the factory.
 MANAGER - a person responsible to the occupier for the
working of the factory. He has to be nominated by the
occupier.
 SAFETY

FACTORIES ACT INCLUDES

HEALTH WELFARE

WORKING ANNUAL
HOURS OF LEAVE WITH
ADULTS WAGES
PROVISIONS REGARDING HEALTH

 Cleanliness S.11
 Disposal of wastes and effluents S.12
 Ventilation and Temperature S.13
 Dust and Fume S.14
 Artificial Humidity S.15
 Overcrowding S.16
 Lighting S.17
 Drinking water S.18
 Latrines and Urinals S.19
 Spittoons S.20
 PROVISIONS REGARDING WELFARE
 Washing facilities S.42

 Facilities for storing and clothes S.43

 Facilities for sitting S.44

 First aid appliances S.45

 Canteen S.46

 Shelters, restrooms and lunch rooms S.47

 Crèche S.48
 PROVISIONS REGARDING SAFETY
 Fencing of machinery S.21

 Work on or near machinery in motion S.22

 Employment of young person on dangerous machines S.23

 Striking gear and device for cutting of Power S.24

 Self-acting machines S.25

 Casing of new machinery S.26

 Prohibition of employment of woman and children near cotton Opener S. 27

 Hoist and lifts S.28

 Lifting machines, chains, ropes and lifting tackles S.29

 Revolving machinery S.30

 Pressure plant S.31

 Floors, stairs and means of access S.32

 Pits, slumps, opening in floor etc. S.33

 Excessive weights S.34

 Protection of eyes S.35

 Precautions against dangerous fumes, gases etc. S.36

 Precautions regarding the use of portable electric light S.36-A

 Explosive or inflammable dust, gas etc. S.37

 Precautions in case of fire S.38

 Power to require specifications to defective parts or tests S.39

 Safety of building and machinery S.40

 Maintenance of building S.40 A

 Safety Officers S.40 B

 PROVISION OF WORKING HOURS
 Weekly hours S.51

 Weekly holidays S.52

 Compensatory holidays S.53

 Daily Hours S.54

 Intervals for rest S.55

 Spread-over S.56

 Night Shifts S.57

 Prohibition of over-lapping shifts S.58

 Extra wages for over time S.59

 Restriction on double employment S.60

 Notice of period or work for adults S.61

 Register of adult workers S.62

PROVISION OF LEAVE WITH WAGES

 Annual leave with wages.

 Wages during leave period.

 Payment in advance in certain cases.

 Mode of recovery of unpaid wages

 Power to make rules.
EMPLOYMENT OF YOUNG PERSON

 Prohibition of Employment of Young

Children
 Non-Adult Workers to Carry Tokens

 Certificate of Fitness
 Effect of Certificate of Fitness Granted to
Adolescent and Others.
PENALTIES