Factories Act 1948

Purpose Protecting
workers from Restraining
industrial and from long
occupational hours strain
hazards

Provision of
humane
Promoting working
safety, health conditions
and sanitary
conditions
Historical Background

Industrialization began due to British

initiative in 1817
Setting up of the textile mill in 1854 in
Mumbai brought in the real momentum

No remedy for grievances of workers

Quite a few sporadic strikes between

1862-80
 Genesis of
Factories Act
Advent of electricity supported
industrialization

24 hours running of factories

Workers were treated not better

than slaves

Women and children- morning to

sunset without break

Bill submitted on 17th October 1879

and Factories Act 1881 came on the
statute book
 Applicable to all Using
manufacturing mechanical
premises power

Working for
100 and more
more than 4
workers
months a year
Factories
Act 1881 Prohibition of 9 working hours
child labor a day for
below 7 years children

Fencing of
4 holidays in a
dangerous
month
machines
Factories Amendment Act 1891
Registration required for 50 workers

Compulsory rest interval of half an hour

A weekly holiday

Non employment below 9 years

7 hours a day work for 9-14 years

11 hours working for women with a break of

one and half hour

Restriction of women during 8 PM to 8 AM

 Factories Act 1911
Restricting adult working to 12 hours a day in
textile factories

Child working hours reduced to 6

No women and child allowed to work for

dangerous operations

Not allowed to work between 9 PM to 5.30

AM

Measures to safeguard the health and safety

 Factories Act 1922
Number reduced to 20 for registration

Non-employment of children below 12 years

6 working hours for children 12-15 years

Max 11 hours a day and 60 hours a week for adults

Prohibition of women between 7 PM to 5.30 AM

Provision for compulsory rest intervals and holidays

Health and safety measures further strengthened

Factories Act 1934
Reduction of working hours for
women- 11 to 10
Registration for employing 20 or
more using power
Seasonal factories to work for
180 days or less in a year
12-15 years children 5 working
hours

15-17 years- Adolescent category

No double employment of
children
 Factories Act 1948

Definition of factory Registration for 10 workers

widened with power and 20 without
power

Distinction separate
between seasonal chapters for Raising age of
and non-seasonal health, safety children 12 to 14
abolished and welfare

Reduction of working Empowering State

hours of children Governments to make
from 5 to 4.5 rules
Factories Act 1948
Chapter 1: definitions ( Section 1-7)

Adult (2a)- who has completed 18 years of age

Adolescent (b)- completed 15th year not completed
18th year
Child (2c)- not completed 14th year

Young (2d)- not completed 18th year

Day (2e)- 24 hours midnight to midnight

Week (f)- 7 days

Factory (m)- any manufacturing premise engaging
10 people with power or 20 people without power
Occupier (n)- any person having right to take policy
decision of the factory
 • Making, altering, repairing,
ornamenting, finishing, packing,
oiling, washing, cleaning,
breaking-up, demolishing or
otherwise treating or adapting
any article or substance with a
Manufacturing view to sale, transport,
delivery or disposal, or
process 2(k) • Pumping oil, water, sewage or
any other substance, or
• Generating, transforming and
transmitting power, or
• Composing types for printing
and printing related jobs
including photography or book
binding, or
• Constructing, reconstructing,
repairing, refitting, finishing of
ships or vessels, or
• Preserving and storing any
article in cold storage
 Worker 2 (l)
Any person

Employed directly or through or by any agency

With/without knowledge of principal employer

Whether for remuneration or not

In any manufacturing process, or

In cleaning any part of the machinery, or

Premises used for manufacturing process, or

In any kind of work incidental to, or

Connected with manufacturing process, or

In the subject of the manufacturing process

But does not include any members of the armed forces
Ingredients of the definition of worker
There should be an Employment
employment of the person involves

Employer

Employee

Contract
 master’s
power to
select

right to Master and payment of

wages or
supervise Servant other
or relationshi remuneratio
dismiss p n

Right to
control the
method of
doing the
work
 Sec 3- Reference of time is IST

Sec 4- declaration of factory status in the

premises

Sec 5- exemption of the act during emergency

Sec 6- Provisions for approval, licencing and

Chapter 1 registration of factories

Sec 7- notification by occupier

7a- obligations of occupier for health, safety

and welfare

7b- obligations of manufacturers

 Sec 8- appointment of
inspectors by state Govt
Chapter-II
Inspecting
Sec 9- powers of
staff (sec inspectors
8-10)
Sec 10- appointment of
certifying surgeons and
his duties
 Sec 11- All factories to be kept clean and free from effluvia

Sec 12- provision for treatment and disposal of waste and effluents

Sec 13- provision for adequate ventilation and comfortable

temperature at the work place

Chapter III Sec 14- provision for release of dust and fume

Health Sec 15- Specification for artificial humidification

(section Sec 16- adequate working space avoiding overcrowding

Sec 17- provision for lighting avoiding shadow and glaring

11-20) Sec 18- provision for sufficient drinking water

Sec 19- separately maintained latrines and urinals for ladies and gents

Sec 20- Provision for sufficient numbers of spittoons

 Every factory must be kept clean and free from
effluvia arising from any drain, privy, or other
nuisance.

Cleanliness
[Section
11] In particular, the following measures must be
adopted:
• accumulation of dirt to be removed daily from the floors
and benches of work rooms, passages and staircases;  
• the floor to be cleaned at least once in every week by
washing, using disinfectants, etc.;
• proper means of draining to be provided and maintained;
• all inside walls, partitions, and ceilings etc. be repainted or
re-varnished as prescribed
• all doors and window frames and other wooden or metallic
framework and shutters shall be kept painted or varnished
 Disposal of Effective arrangements shall be
made in every factory for the
wastes and treatment of wastes and effluents
effluents due to the manufacturing process
carried on therein so as to render
[Section 12] them innocuous, and for their
disposal.
 Effective and suitable provision shall
be made in every factory for securing
and maintaining in every workroom -
(a) adequate ventilation by the
circulation of fresh air; and
Ventilation (b) such a temperature as will secure
to workers therein reasonable
and condition of comfort and prevent
injury to health.
temperature • The walls and roofs of workrooms
must be of such material and of
[Section 13] such design as to keep the
temperature low. Where the
maintenance of high temperature
is necessary for the process carried
on in the factory, the workroom,
should be separated from the
process either by insulating the hot
parts or by some effective devices.
 In any factory where dust or fume is given off
in any manufacturing process which is likely
to be injurious or offensive to the workers,
effective measures must be taken to prevent
Dust and the inhalation of the dust or fume.

fume Any exhaust appliance which may be

necessary shall be applied as near as possible
[Section to the point of origin of the dust or fume, and
such point shall be enclosed so far as
possible.
14]
The exhaust fumes of stationary internal
combustion engines must be conducted into
the open or outside the factory.
 The State Government is empowered to make rules for
all factories in which the humidity of the air is artificially
increased. The rules should relate to -

(a) prescribing standards of humidification;

Artificial (b) regulating the methods for artificially increasing the

humidity of the air;
humidification
[Section 15] (c) directing prescribed tests for determining the
humidity of the air;

(d) methods to be adopted for securing adequate

ventilation and cooling of the air in the
workrooms.

The water used for humidification shall be taken from a

public supply or other source of drinking water or shall
be effectively purified before it is so used.
 There must not be over-crowding in any,
room of a factory so as to cause injury to
the health of the workers.

Overcrowding
[Section 16]
In order to prevent over-crowding the
section requires a minimum of 14.2 cubic
metres of space per worker for factories
built after the commencement of the Act
and 9.9 cubic metres for factories built
before the commencement of the Act. In
calculating the amount of space available,
no more than 4.2 metres above the level of
the floor is to be counted.
 Every part of the factory
must be provided with
sufficient and suitable
lighting, natural or artificial
Lighting or both.
[Section
17] Effective provision must be
made for the prevention of
glare and the formation of
shadows likely to cause eye-
strain or the risk of accident
to any worker.
 Arrangements shall be made to provide and
maintain at suitable points a sufficient supply
of wholesome drinking water. All such points
shall be clearly marked `drinking water' in a
language understood by a majority of the
Drinking workers.

water Every such point shall not be situated within

six metres of any washing place, urinal, latrine,
[Section spittoon, open drain carrying sewage or effluent
or any other source of contamination.
18]
Factories employing over 250 workers are
required to provide cool drinking water during
hot weather.
 Sufficient latrine and urinal to be provided
separately for male and female workers.
Latrines
and Such accommodation must be adequately
lighted, ventilated and maintained in a clean
and sanitary condition.
urinals
[Section These should be situated at suitable places
accessible to the workers. Sufficient number
of sweepers should be employed to keep
19] urinals, latrines and washing places clean.

The State Government may prescribe the

number of latrines and urinals to be provided
in any factory in proportion to the number of
male and female workers.
 • Sufficient number of spittoons
at convenient places and they
shall be maintained in a clean
and hygienic condition.
Spittoons • No person shall spit anywhere
except in the
[Section- spittoons. A notice containing
this provision and the penalty
20] for its violation shall be
prominently displayed at
suitable places in the premises.
• If a person violates this
provision he may be fined upto
rupees five.
 Sec 21- proper fencing of machinery

Sec 22 - guidelines for working near moving

machines

Chapter Sec 23- young persons not to work on dangerous

machines

IV Sec 24- suitable measures/ devices for cutting off

power in case of exigency
Safety Sec 25- restrictions on traversing of machines more
than 45 CMs
(sec 21- Sec 26- proper casing of machinery
41) Sec 27- no women/ childen to work near cotton
openers

Sec 28- all Hoists and lifts need to be regularly and

proprly maintained
 Sec 29- lifting machines, chains and ropes to be properly maintained

Sec 30- guidelines for safe operation of Revolving machinery

Sec 31- regulation on conditions of pressure plants

Sec 32- thorough and free access to steps, stairs and passages

Sec 33- pits/ sumps on floors to be securely covered

Safety Sec 34- carrying of excess weight physically not allowed

Sec 35- provision for protection of eyes

Contd.. Sec 36- no entry to areas generating dangerous gas and fumes without proper and adequate
precaution

Sec 37- protection against explosive/ inflammable gas

Sec 38- adequate provision against risk of fire- escape and extinguish

Sec 39- Power of Inspector to test the stability

Sec 40- Safe maintenance of buildings and machinery

40-B Appointment of Safety officer (1000 or more)

 every dangerous part of
any machinery shall be
securely fenced by
Fencing of safeguards of
substantial construction
machinery
[Section The liability to fence is
absolute and the
21] employer cannot evade
his liability on
commercial or
mechanical reasons.
 • Examination, lubrication, etc. of
the machinery while it is in
motion should be carried out
only by a specially trained
adult male worker wearing
Work on or tight fitting clothing
near • No woman or young person
machinery in shall be allowed to clean,
lubricate or adjust any part of
motion the
machinery while it is in motion
[Section 22] if it is likely to expose her or
him to risk or injury from any
moving
part.
 • No young person shall be required
or allowed to work at any
dangerous machine unless –
(a) he has been fully instructed as to
Employment of the dangers arising in connection
with the machine and the
young persons precautions to be observed; and
on dangerous (b) he has received sufficient training
in work at the machine or is under
machines adequate supervision by a person
[Section 23] who has a thorough knowledge and
experience of the machine.
This section only applies to young
persons and not to women
 • suitable striking gear or other
efficient mechanical appliance
shall be provided and maintained

Striking gear • devices for cutting off power in

emergencies from running
and devices machinery shall be provided and
maintained
for cutting
• a device, which can inadvertently
off power shift from `off to `on' position, is
provided in a factory to cut off
[Section 24] power, arrangements shall be
provided for locking the device in
safe position to prevent accidental
starting of the transmission
machinery
 No traversing part of a self-acting
machine in any factory and no
material carried thereon shall be
allowed to run on its outward or
inward traverse within a distance of
Self-acting forty-five centimetres from any fixed
structure which is not part of the
machines machine.

[Section This restriction would apply if the

25] space over which it runs is a space
over which any person is liable to
pass, whether in the course of
employment or otherwise.
 All, machinery driven by
power and installed in any
Casing of factory must be encased or
otherwise effectively guarded
new as to prevent danger.
machinery
It is noteworthy that this
[Section section places an obligation
26] on the agents, sellers and
hirers also and provides for a
fine in case of breach.
 Prohibition No woman or child shall be employed in
of any part of a factory for pressing cotton
in which
employment a cotton-opener is at work.
of women
and children
But if the feed-end of a cotton-opener is
near cotton- in a room separated from the delivery
openers end by a partition extending to the roof
or to such height as the inspector may
[Section 27] specify in writing, women and children
may be employed on the side of the
partition where the feed-end is
situated.
 In every factory every hoist and lift
shall be of good mechanical
construction, sound material and
adequate strength.
Hoists and They should be properly maintained
lifts and thoroughly examined by a
competent person at least once in
[Section every period of six months.
28]
A register containing the prescribed
particulars of every such
examination shall also be kept
 In every factory in which the
process of grinding is carried
on, there shall be.
permanently affixed or placed
near each machine a notice
Revolving indicating the maximum safe
machinery working speed.

[Section
30] Effective measures must be
taken to ensure that the safe
working speed is not
exceeded.
 • If in any factory any plant or
Pressure machinery or any part thereof
is operated at a pressure above
plant atmospheric pressure, effective
measures shall be taken to
[Section ensure that the safe working
pressure of such plant or
31] machinery or part is not
exceeded
 • In every factory all floors, steps,
stairs, passages, and gangways
shall be of sound construction
and properly kept and
maintained and shall be kept
free from obstructions and
Floors, stairs substances likely to cause
and means of persons to slip.
access [Section • A sufficient number of hand
rails must also be provided with
32] where it is necessary. Safe
means of access must be
provided and maintained at
every place at which any
person is at any time required
to work.
 • In every factory, every fixed
Pits, sumps, vessel, sump, tank, pit or
opening in opening in the ground or in a
floor, which may be a source of
floor etc. danger, shall be either securely
[Section 33] covered or fenced. An
omission. to securely fence is a
continuing offence.
 • No person shall be employed in
any factory to lift, carry or
move any load so heavy as is
Excessive likely to cause him injury. State
Government may make rules
weights prescribing the maximum
[Section 34] weights which may be lifted,
carried or moved by adult men,
adult women, adolescents and
children employed in factories.
 • In respect of any manufacturing process
carried on in any factory involving risk of injury
to the eyes from particles or fragments thrown
Protection of off in the course of process or by reason of
exposure to excessive light, the State
eyes [Section Government is given the power to make rules
requiring that such factories must provide
effective screens or suitable goggles to protect
35] the employed persons.
 • No person shall be required or allowed to enter
any chamber, tank, vat, pit, flue or other
Precautions confined space in any factory in which any gas,
fume, vapour or dust is likely to be present to
against such an extent as to involve risk to persons
dangerous being overcome thereby, unless it is provided
with a manhole of adequate size or other
fumes, gases, effective means of ingress.
etc. • No person shall be required or allowed to enter
[Section 36] such premises until all practicable measures
have been taken
 Where in any factory any manufacturing process
produces dust, gas, fume or vapour of such
character and to such extent as to be likely to
explode on ignition, all practicable measures
shall be taken to prevent any such explosion by
Explosive or • effective enclosure of the plant or machinery used in the
process;
inflammable
dust, gas, (b) removal or prevention of the accumulation
of dust, gas, fume or vapour;
etc.
[Section 37]
(c) exclusion of effective enclosure of all possible
sources of ignition.
 In every factory, all practicable measures shall
be taken to prevent outbreak of fire and its
spread, both internally and externally and to
provide and maintain

(a) safe means of escape for all persons in the

Precautions event of a fire, and

in case of
fire (b) the necessary equipment and facilities for
extinguishing fire.
[Section 38]

(2) Effective measures shall be taken to ensure

that in every factory all the workers are familiar
with the means of escape in case of fire and
have been adequately trained in the routine to
be followed in such cases.
 • This section empowers the
inspector to serve on the
Power to require manager or occupier or both of
specifications of a factory an order in writing
defective parts or requiring him to furnish
tests of stability specifications of defective parts
or he may order to carry out
[Section 39] tests as he may specify and to
inform him of the result
 • Section 40 empowers the
inspector to serve on the
manager or occupier or both of
a factory an order in writing
specifying the measures which
Safety of should be adopted before a
specified
buildings and date for safety of buildings and
machinery machinery. In case of imminent
danger the inspector is
[Section 40] empowered to prohibit the use
of such building, machinery and
so on until properly repaired or
altered.
• Maintenance of buildings
[Section 40-A]
 wherein one thousand or more
workers are ordinarily employed, or

Safety • (ii) wherein, in the opinion of the State

Government, any manufacturing process or
operation is carried on, which process or

Officers operation involves any risk of bodily

poisoning or disease, or any other hazard to
injury,

health, to the persons employed in the factory,

[Section the occupier shall, *if so required by the State
Government by notification in the Official
Gazette, employ such number of Safety
40 – B] Officers as may be specified in that notification.

The duties, qualifications and

conditions of service of Safety Officers
shall be such as may be prescribed by
the State Government.
 41A- provision for constitution of site appraisal
committee

Chapter IV 41B- Disclosure of hazardous process and

submission of disaster control policy and plan
A 41C- obligation of the occupier to conduct medical

Provisions examination to maintain health and medical records

41D- Appointment of committee by central Govt to

related to verify the standards of health and safety

Hazardous 41E- Central Govt can lay down standards of safety

if it so feels

processes 41F- Factories need to adhere to the limits on

exposure to chemical and toxic substances
(sec 41A-
41G- Setting up of safety committee by occupier
41F) 41H- Workers have the right to inform the occupier /
inspector on apprehension of hazards for life/
health
 The Factories (Amendment) Act, 1987
added certain new provisions on
health and safety.
• Section 7A provides that every
occupier shall ensure, so far as is
Additional practicable, the health and safety
at work of all workers while they
Health and are at work in the factory.
• Section 7B stipulates that every
person who designs,
Safety manufactures, imports or supplies
any article for use in any factory
Provisions shall ensure, so far as is reasonably
practicable, that the article is so
designed and constructed as to be
safe and without risks to the
health of the workers when
properly used.
 Section 41A contains certain provisions regarding grant of permission
of the initial location of a factory involving a hazardous process or for
the expansion of any such factory. The State Government may
appoint a Site Appraisal Committee for this purpose.

Section 41B lays down that the occupier of every factory involving a
hazardous process shall disclose to the Chief Inspector and also to
the local authority in the manner prescribed all information
regarding dangers, including health hazards and the measures to
overcome such hazards

Section 41C specifies that every occupier of a factory involving any

Contd.. hazardous process shall maintain accurate and up-to-date health

records of the workers

Section 41D authorises the Central Government to appoint an

Enquiry Committee to inquire into the standards of health and safety
observed in the factory.

Section 41E provides that the Central Government may lay down
emergency standards of safety in hazardous processes and also
measures for their enforcement
 Section 41F lays down that the maximum permissible
threshold limits of exposures of chemical and toxic
substances in manufacturing processes in any factory shall
be of the value indicated in the second schedule.

Section 41G provides that the occupier shall in every

factory where a hazardous process takes place, or where
hazardous substances are used or handled, set up a Safety
Contd.. Committee consisting of equal number of representatives
of workers and management to promote co-operation
between the workers and management in maintaining
proper health and safety at work.

Section 41H gives right to the workers employed in any

hazardous process to warn about imminent danger to
their lives or health due to any accident.
 Sec 42- Separate adequately maintained washing facilities
for male and female

Sec 43- Suitable availability of places for storing and drying

of wet clothes

Sec 44- Sitting arrangements at the workplace

Chapter V Sec 45- First aid box for 150 workers. Ambulance room for
500 workers
Welfare Sec 46-Canteen to be provided and maintained by occupier

(sec 42- Sec 47- if 150 or more workers engaged, Provision for lunch
room with drinking water if canteen is not there

50) Sec 48- for more than 30 women employed, provision for
creches

Sec 49- For more than 500 workers- appointment of welfare

officer

Sec 50- State govt can make rules

 Washing facilities [Section 42]

In every factory -
(a) adequate and suitable facilities for
washing shall be provided and maintained for
the use of workers;
(b) separate and adequately screened
facilities shall be provided for the use of male
and female workers;
(c) such facilities shall be easily accessible
and shall be kept clean.
• The State Government may make rules
prescribing adequate standards of facilities
for washing.
Facilities for In every factory facilities must be
storing and provided for the storage of
clothing not worn during working
drying hours and for the drying of wet
clothing clothing.

[Section 43]
 In every factory where workers are
obliged to work in -a standing position,
suitable arrangements for sitting should
be made so that such workers may take
advantage of an opportunity for rest
Facilities which may occur in the course of their
work.
for sitting
[Section Where the Chief Inspector is of the
opinion that workers in a' particular
44] manufacturing process or room are
able to do their work efficiently in a
sitting position, he may by an order in
writing require the occupier of the
factory to provide seating
arrangements before a specified date.
 The Act has made the provision for first aid appliances
obligatory.

Every factory must have first aid boxes or cupboards

equipped with the prescribed contents so as to be readily
First aid accessible during all working hours.

appliances The number of such boxes or cupboards to be provided and

maintained must not be less than one for every one

hundred and fifty workers ordinarily employed at any one
[Section time in the factory.

45] Each first aid box or cupboard shall be kept in the charge of
a separate responsible. person who holds certificate of first
aid treatment

In every factory where more than 500 workers are

ordinarily employed there shall be provided and
maintained an ambulance room of the prescribed size
containing the prescribed equipment
 Section 46 casts statutory
duty on an occupier of a
factory, to provide a canteen
confirming to the rules which
may be prescribed by the
Canteen State Government.
[Section In every factory employing
46] more than 250 workers, the
State Government is given
the right to require such
factories to maintain a
canteen for the use of the
workers.
Shelters, rest rooms and lunch rooms [Section 47]

• In every factory where more than 150

workers are employed, adequate and
suitable shelter or rest rooms and a
suitable lunch room shall be provided
and maintained for the use of workers.
But there is no need to provide and
maintain a lunch room, where any
canteen is
maintained in accordance with the
provisions of Section 46.
 • In every factory wherein more than
30 women workers are ordinarily
employed there shall be provided
and maintained a suitable room or
rooms for the use of children under
the age of six years of such women.
• They shall be maintained in a clean
Crèches and sanitary condition. Such rooms
shall be under the charge of women
[Section trained in the care of children and
infants.
• Suitable provision must be, made in
48] such creches for washing and
changing the clothing of the children
and for the supply of free milk or
refreshments or both.
• Facilities must be provided to
mothers to feed their children at
necessary intervals.
 Welfare Officers [Section 49]

In every factory wherein 500

or more workers are
The State Government may
ordinarily employed the
prescribe the duties,
occupier shall employ in the
qualifications and conditions
factory such number of
of service of such officers.
welfare officers as may be
prescribed.
 Sec 51- Weekly working hours 48 hours
Sec 52- one day as weekly holiday
Sec 53- compensatory off- to be availed within 3 months
Sec 54- maximum working hours a day 9 hours
Sec 55- half an hour rest after 5 hours
Chapter VI Sec 56- spread over can not be more than ten and half
hours including rest
Working Sec 57- 24 hours rest after night shift
Sec 58- overlapping shifts not allowed
hours of Sec 59- overtime to be paid double the wage
Adults (sec Sec 60- prohibition of double employment
Sec 61- daily working time to be displayed
51-66) Sec 62- manager to maintain register of workers
Sec 63- workers to work as per the timings displayed
Sec 64- state Govt can make rules for this chapter
Sec 65- state Govt can relax or modify section 61
Sec 66- Restriction on employment of women
 Hours of Work
Working hours of adults
• (a) A worker cannot be employed for more than forty-eight
hours in a week (Section 51).
• (b) He must be, given a ,holiday for a whole day in every
week (Section 52).
• (c) If a worker is deprived of any of the weekly holidays,
he shall be given compensatory holidays (Section 53).
• (d) A worker cannot be employed for more than nine hours
in a day (Section 54).
• (e) A worker must be given an-interval of rest of at least
half an hour after five hours of work (Section 55).
• (f) The total periods of work, inclusive of rest interval, must
not be spread over more than ten and half hours in a
day (Section 56).
• (g) If a worker works for more than nine hours in a day or
for more than forty-eight hours in a week, he shall be paid
for overtime work at the rate of twice the ordinary
rate of wages (Section 59).
 Sec 67- No child below 14 years can work in a
factory
Sec 68- young persons need to carry a token on
Chapter VII certification of fitness
Sec 69- certification of fitness to be given by
Employment certifying surgeon
Sec 70- Fit certified adolescent deemed to be an
of young adult
persons (sec Sec 71- No child to work for more than 4.5 hours
or in night (6PM to 6 AM)
67-77) Sec 72- working hours of children to be displayed

Sec 73- register of children to be maintained

Sec 74- Children to work as per the timings
displayed
Sec 75- Inspector can instruct for medical
examination of child
Sec 76- State Got can make rules for this chapter
Sec 77- provisions of factories act I congruence
with Employment of children Act 1938.
 Chapter VIII
Annual leave
with wages (sec
78-84)
Sec 78- better provisions/ rules to prevail
• For children- 1 day
for every 15 days
Sec 79- Annual leave with wages when worked for 240days and worked
• For adults- I day for
more: every 20 days
worked

Sec 80- wage for leave as per the average wage of the previous
month
Sec 81- wages can be paid in advance for the sanctioned leave
period

Sec 82- unpaid wages to be paid as delayed wages by employer

Sec 83- state Govt can make rules for this chapter

Sec 84- Companies providing better provisions can be exempted

from this chapter
 Sec 85- state Govt can Sec 86- State Govt may
Chapter IX declare any premise or
part of premise as a
exempt training
institutes/ workshops
factory from the act.
Special
provisions
Sec 87- power to declare
(sec 85- 91) a work place as
dangerous and to make
Sec 88-manager need to
notify accidents and
provisions for safety and near misses
welfare of workers

Sec 90- State Govt has

Sec 89- Manager needs
the authority to inquire
to notify the diseases
the cause of accidents/
caused to workers
diseases

Sec 91- Inspectors can

collects samples
 Chapter X
Penalties and procedure (sec 92-106)
• Sec 92- non-compliance of the provisions- imprisonment two years or
fine f 1 lakh or both
• Sec 93- owner of the leased premises to provide and maintain common
facilities and services like road, drainage, water, sanitation, light etc
• Sec 94- subsequent non compliance- imprisonment 3 years, or fine up
to 2 lakh or both
• Sec 95- imprisonment for 6 months or fine of Rs 10000 or both for
obstructing inspector
• Sec 96- for wrongful disclosure or publication of sample results,
imprisonment f 6 months or fine of 10000 or both.
• Sec 96A- violation of provisions under hazardous process, imprisonment
7 years and fine 2 lakh
• Sec 97- non-compliance by worker- fine Rs 500
• Sec 98- use of false fitness certificate- imprisonment 2 months or fine
Rs 1000 or both
• Sec 99- double employment of child- parent/ guardian Rs 1000
• Sec 101- exemption granted to occupier/ manager
• Sec 102- court can give order to take measures for modifying the
violations
• Sec 103- employment is presumed if the person is inside the factory
• Sec 104- onus of certification of age
• Sec 105- cognizance of offence only after written complaint by
Inspector
• Sec 106- Complaints filed by Inspector after 3 months of observation
not entertainable
 Sec 107- Appeals by manager/occupier against the order of
inspector can be made within 30 days
Sec 108- display of the abstract of act in english and local
language
Sec 109- rules on manner/ mode of service of notices to
occupier/ manager can be made by State Govt

Sec 110- submission of periodical returns

Sec 111- obligation of a worker

Chapter XI Sec 112- general power of State Govt to make rules

Supplemental Sec 113- central Govt can give directions when deemed fit

(sec 107- 120) Sec 114- no charge by occupier for providing facilities

Sec 115- All rules t be published in official gazette

Sec 116- Act also applies to Govt Factories

Sec 117- No personal legal proceedings under the provisions

of the act
Sec 118- Non isclosure of information by Inspectors

Sec 119- FA to be in consistent with CLRA

Sec 120- Repeal and savings