Professional Documents
Culture Documents
The Factories Act 1948 11012023
The Factories Act 1948 11012023
Confidential C
Statutes – Acts and Rules
Confidential C
Legislation Relating To
Occupational Safety & Health
Confidential C
Legislation Concerning To
Environmental Protection
• Water (Prevention & Control of Pollution) Act 1974
• Air (Prevention and Control of Pollution) Act 1981
• Environment Protection Act 1986
• Manufacture, Storage & Import of Hazardous Chemicals Rules
1989
• Hazardous wastes (Management & Handling) Rules 1989
• Chemical Accidents (Emergency Planning, Preparedness &
Response Rules) 1996
• The Public Liability Insurance Act 1991
• The Motor Vehicles Act 1962
Confidential C
THE FACTORIES ACT, 1948.
INTRODUCTION
In India the first Factories Act was passed in 1881. This Act was basically designed to
protect children and to provide few measures for health and safety of the workers. This
law was applicable to only those factories, which employed 100 or more workers. In
1891 another factories Act was passed which extended to the factories employing 50
or more workers.
THE FACTORIES ACT, 1948.
Definition of a Factory:-
“Factory” is defined in Section 2(m) of the Act. It 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.
The Factories Act 1948
• Central legislation enforced by the state government; Social legislation.
• 120 provisions spread-over under 11 chapters.
• Act empowers state to make rules to enlarge the scope and objectives
of the Act.
• Rules are also amended from time to time.
• Extends to the whole of India.
• Applicable to the premises, which comes under the definition
“Factory”.
Confidential C
What the Factory Act is all about?
Enactment of Provisions
•120 Sections
•11 Chapters
•03 Schedules
•112 Rules
•10 Chapters
•41 Forms/Registers
•A Comprehensive law for the persons working at a specific domain –
Factories.
•Covers significant issues relating to the persons employed in Factories.
•29 Industries involving hazardous Process - listed in First Schedule
•Special Provisions for Hazardous Processes
•Includes penal provisions for violations
MAJOR AMENDMENTS WERE
CAUSED DURING 1987
Reasons :
• Bhopal Gas tragedy occurred in 1984 (Early hours of
3.12.1984)
• Revealed the weakness in the existing law and demanded the
need to amend the law by incorporating special provisions to
deal with chemical industries and for management of chemical
accidents.
Act was overhauled – 1987 (1.12.1987)
• Many provisions were introduced;
• Penal provisions were revamped
MAJOR AMENDMENTS WERE
CAUSED DURING 1987
Hazardous process – defined
Hazardous Process means any process or activity in relation to an
industry categorized wherein unless special care is taken, raw materials
used therein or the intermediate products, bye-products, wastes or effluents
would ;
- Causes of material impairment to the health of the person engaged in
- Result in general pollution
29 industries have been listed as industries involving hazardous
processes.
Manufacturing Process :-
Any process for
(i) Making, altering, repairing, finishing, packing, oiling, washing,
cleaning any article.
(ii) Pumping oil, water, sewage or any other substance
(iii) Generating, transforming or transmitting power,
(iv) Printing, Book-binding,
(v) Constructing, Repairing or breaking up ships or vessels,
(vi) Preserving or storing any article in Cold storage.
Confidential C
Worker
Confidential C
RESPONSIBLE PERSONS
• OCCUPIER AND MANAGER are the responsible persons for implementation of
the provisions envisaged in the Act.
• OCCUPIER means the person who has got the ultimate control over the affairs of
the factory.
• Proprietorship - Proprietor
• Partnership - One of the partner
• Company - One of the director
• State or Central Government owned - Person so nominated by the
respective government.
MANAGER means a person responsible to the occupier for the working of the
factory. He has to be nominated by the occupier.
Section 7(A)
(1) Every occupier shall ensure, so far as is reasonably practicable, the health,
safety and welfare of all workers while they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub-section (1), the
matters to which such duty extends, shall include –
(a) the provision and maintenance of plant and systems of work in the
factory that are safe and without risks to health;
(b) the arrangements in the factory for ensuring safety and absence of
risks to health in connection with the use, handling, storage and transport of
articles and substances;
Contd …
(c) The provision of such information, instruction, training and supervision as are
necessary to ensure the health and safety of all workers at work;
(d) The maintenance of all places of work in the factory in a condition that is safe
and without risks to health and the provision and maintenance of such means of
access to, and egress from, such places as are safe and without such risks;
Contd …
RESPONSIBILITIES OF THE MANAGER
Manager is a person appointed by the occupier for the purpose of the Act.
He is a person responsible to the occupier for working of the factory for the purpose of
the Act.
Specific duties :
• Responsible to maintain all the statute registers.
Chapter-IV Safety
SAFETY
•Section 21 - Fencing of machinery
•Section 22 - Work on or near machinery in motion
•Section 23 - Employment of young persons on dangerous machines
•Section 24 - Striking gear and devices for cutting off power
•Section 25 - Self-acting machines
•Section 26 - Casing of new machinery
•Section 27 - Prohibition of employment of women and children near cotton
openers
•Section 28 - Hoists and lifts
•Section 29 - Lifting machines, chains, ropes and lifting tackles
Confidential C
SAFETY
•Section 30 - Revolving machinery
•Section 31 - Pressure plant
•Section 32 - Floors, stairs and means of access
•Section 33 - Pits, sump openings in floors etc.
•Section 34 - Excessive weights
•Section 35 - Protection of eyes
•Section 36 - Precautions against dangerous fumes, gases etc.
•Section 36A - Precautions regarding the use of portable electric light
•Section 37 - Explosive or inflammable dust, gas etc.
Confidential C
SAFETY
•Section 38 - Precautions in case of fire
•Section 39 - Power to require specifications of defective parts or tests of
stability
•Section 40 - Safety of buildings and machinery
•Section 40A - Maintenance of buildings
•Section 40B(1) - Safety Officers
Confidential C
SAFETY
Section 21 – read with Rule 53 - Fencing of Machinery
Every moving part, every part of an electric generator, motor, transmission,
machinery, every dangerous part of any other machinery shall be securely fenced.
Register in Form 35 to record the names of specially trained adult workers.
Section 22. Work on or near machinery in motion.
It shall be examined by qualified adult male worker.
Section 23. read with rule 54: Employment of young person on dangerous
machine
Employment of young persons in dangerous machines unless they are fully
trained and sufficiently instructed.
Section 24. Striking gear and cutting off power.
Efficient mechanical appliances shall be provided.
Suitable devices for cutting of power in emergencies from running machinery
shall be provided and maintained.
Section 25 – Self acting Machine
No traversing part of a self acting machine shall be allowed to run on its outward
or inward traverse within a distance of 45 centimeters.
SAFETY
Removal or prevention of the accumulation of such dust, gas, fume, and vapour;
[CHAPTER IV A]
Section 41 A – Site Appraisal Committee
Advising for grant of permission for the initial location of a factory involving a
hazardous process or for the expansion of any such factory.
4. Glass manufacture.
Cont..
Cont..
Cont..
Notice of Accidents (Section 88)
Cont..
Cont..
Section 92
Section 96 A
Cont..
Cont..
THE FACTORIES ACT 1948 AND THE TAMIL NADU FACTORIES RULES,1950
MAJOR FORMS APPLICABLE
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
Application for
permission to construct, To be signed by the Occupier Of the factory before
1 Rule 3 Form 1
extend or take into use commencing the manufacturing process
any building as a factory
Application for
2 Rule 4 Form 2 First Time
registration of Factory
Application for Renewal of license shall be made in Form
No.2 in triplicate to theJoint Director of Safety and Health
3 Rule 7 Renewal of license Form 2 not later than two months before the date of which the
license expires shall be enclosed by the original license,
with the required fees
The occupier shall send notice of Change of Manager in
Section 7(4) Notice of change of
4 Form 3A Form -3A within seven days. when a new manager is
& Rule 12A Manager
appointed or on which he takes over the charge.
Registration & Licence to
This licence shall remain valid upto 31st december of the
5 Rule 4(6) work a factory (Factory Form 4
year for which it is granted
License)
Section
Certificate Of Fitness by To be granted to the young persons employed in a factory at
6 10(4), Rule Form 5
Certifying surgeon the date of joining
14
Section The record of dates on which whitewashing, colour-
Record of lime-washing,
7 11(1), Rule Form 7 washing, varnishing, etc are carried out shall be entered in a
painting etc.
16 register maintained in Form 7
Cont..
SECTION FORM
S NO TITLE COMPLIANCE REQUIREMENT
AND RULE S/TYPE
Report of The examination by Joint Director of Safety & Health
Section
examination of 1.External Examination once in Six Month
8 31(2), Rule Form 8
pressure vessel or 2.Hydrostatic test Once in two years
56
plant 3.Ultrasonic Test once in Four Years
Application for
An application duly filled in Form No. 8 B for the testing or
testing or
Rule 56B Form 8- examination of pressure plant or vessel or water sealed gas holder shall
9 examination of
(1) B be submitted to the respective Joint Director of Safety and Health of
pressure vessel or
Factories.
plant
Maintenance of
Muster roll for
exempted workers Maintain Muster Roll in Form No. 10 for all exempted workers. In this
Section
(Workers exempted Form muster roll shall be correctly entered the overtime hours of work and
10 59(5)(b),
under section 64 or No. 10 payments therefor of all exempted workers. The muster roll in Form
Rule 78
65 from the No. 10 shall always be available for inspection.
provision of
section 51 or 54)
The notice of periods of work for adults required Section 61(1) and the
Section Display of notice
Form notice of periods of work for children under Section 72(1) shall be in
11 61(1), Rule of period of work
No. 11 Form No. 11 and shall be displayed in a conspicuous place at or near
79
the entrance to the factory both in English and Tamil
Maintenance of
Section
register of Adult Form
12 62(2), Rule Maintain Register of adult workers and young persons in Form No.12.
workers and young No. 12
80
persons
Cont..
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
Section 83 Maintaince of Leave with
Maintain up to date Leave with Wages Register in Form
13 and 112 Rule wages Register Form No. 15
No.15
88
In respect of persons employed in occupations declared to
Section be dangerous operations under section 87. The record of
Maintaince of Health
14 10(4), Rule Form No. 17 examination and re examination of the young persons
Register
14 carried out by the Certified Surgeon during periodical visits
shall be kept in custody of the Manger of the Factory
Send notice of accidents mentioned in the Schedule by
telephone, special messenger or telegram to the Inspector
and the chief inspector
Send notice of accidents
Schedule
15 Rule 96(1) to Inspector and Chief Notice
1(a) An accident which causes death to any person or is of
Inspector
such a serious nature that it is likely to prove fatal
(b) An accident of a serious nature which is likely to result
in loss of limbs or vission or permanent disablement to any
person
In respect
1(a) An accident which causes death to any person or is of
such a serious nature that it is likely to prove fatal
Rule 96(1) Send notice to Magistrate 2 (a) Bursting of a plant used for containing or supplying
16 Notice
First Proviso or Police steam under pressure greater than atmospheric pressure.
Notice to be sent to District Magistrate or Sub-Divisional
Office and the Officer-in charge of the Police Station having
jurisdiction over the area
Cont..
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
In respect of
1(a) An accident which causes death to any person or is of
such a serious nature that it is likely to prove fatal
Rule 96(1) Send notice to kin of the (b) An accident of a serious nature which is likely to result
17 Second injured or deceased Notice in loss of limbs or vision or permanent disablement to any
Provision person person
Cont..
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
Wherever the person injured returns to work in the factory
without any disablement before the expiry of 21 days after
the occurrence of the accident, the Manager of the factory
shall send to the Inspector within 7 days of the return to
work of the person injured a written report giving the
particulars of -
Accident where injured (a) the Registration Number of the factory
Form No. 18
20 Rule 96 (5) returns to work within 21 (b) the relevant serial running number of the accident in the
B
days factory for the calendar year and calendar year as reported
against item 2 in the report in Form No. 18;
(c) the name of the person injured
(d) the date of accident
(e) the date of return to work
(f) the number of days the person injured was away from
work.
Wherever the person injured does not return to work in the
factory before the expiry of 21 days after the occurrence of
the accident with or without disablement and wherever the
person injured returns to work in the factory after sustaining
Accident where injured compensable disablement as a result of the accident, the
Form No.
21 Rule 96 (6) does not returns to work Manger of the factory shall send to the Inspector within 28
18-B
within 21 days days of the occurrence of the accident, a written report in
Form No. 18-B and follow up as necessary with further
reports in the same Form No. 18-B once every fortnight
thereafter, until the final report on the date of return to work
of the person injured is made.
Cont..
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
Section 89, Notice of poisoning or Intimate the Chief Inspector and the Certifying Surgeon of
22 Form 19
Rule 97 disease the poisoning or disease in Form No.19
File half-yearly Return in Form No. 21 for the first half of
Section 110 Half yearly return Return-
23 Form 21 every calendar year on or before the 31st July of the year to
Rule 100(1) Form 21
the Inspector
Section 110
Combined annual Return- Combined annual return shall be submitted within 30 days
24 & Rule Form 22
Form 22 from the date of close of every calendar year.
100(2)
Section
Muster Roll and Register Maintain Register of Muster Roll and Compensatory
53(2), Rule
25 for compensatory Form 25 Holidays in Form No. 25 and preserve the same, for 3 years
77(4), Rule
holidays after the date of last entry and shall be produced on demand
103
Maintenance of Muster Maintain muster-roll in Form No.25-A for Adult workers
Form No.
26 Rule 103A roll for exempted workers exempted under sections 51, 52, 54, 55 and 56 of the Act
25-A
with respect to working hours of adults
The Manager of the Factory shall maintain, in addition to
maintaining a Muster Roll in Form No. 25, a service card
for each worker employed in the factory in Form No. 25-B.
The service card after all entries are made therein for a
Form No.
27 Rule 103B Service Card calendar month, shall be issued to the worker concerned
25-B
within a week after the expiry of the calendar month to
which the service card pertains and his acknowledgement
obtained therefor. It shall be the property of the worker
thereafter
Cont..
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
Cont..
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
Every worker employed in the electrolytic process shall be
examined by a Certifying Surgeon before his first
employment. Every worker employed in the electrolytic
process shall be re-examined by a Certifying Surgeon at
least once in every year. The Certifying Surgeon after
examining a worker shall issue a Certificate of Fitness in
Rule 95(9)(1)
31 Cetificate of Fitness Form No. 27 Form 27 and all such record of examination and re-
to 95(9)(4)
examinations carried out shall be kept in the custody of the
manager of the factory.
Cont..
S SECTION FORMS/
TITLE COMPLIANCE REQUIREMENT
NO AND RULE TYPE
Names of the specially trained adult workers shall be
recorded and maintained in the register and it shall be kept
Section Register of Specially
ready for inspection. Certification that the worker is a
35 22(1), Rule Trained Adult Workers Form 35
properly trained male adult worker who is competent to
53 (3) (Given by occupier)
mount on shift belts, lubricate or do other adjusting
operations on the machinery installed.
Section 28(1) The particulars of examination of every Hoist and Lift shall
Report of Examination of
36 (a)(ii) & Form 36 be recorded in Form - 36 once in every period of six months
Hoist or Lifts
Rule 55(1) / 12 months based on size.
Test Report regarding The Dust or Fume Extraction system is to examined by
37 Rule 95 Form No. 37
dust extracting system competent person once in six month
Pre employment Health
Register (In respect of
Section 87 & persons proposed to be Maintain register for Pre employment examination for
38 Form No. 39
Rule 95 employed in dangerous persons employed in dangerous operation
operations under Section
87