41 3 Factories Act 1948

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FACTORIES ACT, 1948

Objective & Applicability

The Factories Act, 1948 has been enacted to consolidate and amend the law regulating
the workers working in the factories. It extends to whole of India and applies to every
factory wherein 20 or more workers are ordinary employed. Since the aim and object of
the Act is to safeguard the interest of workers and protect them from exploitation, the Act
prescribes certain standards with regard to safety, welfare and working hours of workers,
apart from other provisions.

Factory

Means any premises including the precincts thereof where ten or more persons are
working in any manufacturing process being carried on with aid of power and where
twenty or more workers are working without the aid of power.

Health

 Every factory should be kept dean and free from effluvia arising from any drain,
privy or other nuisance. {Section 11}

 Effective arrangements should be made in every factory for the treatment and
effluents due to the manufacturing process carried on therein, so as to render
them innocuous, and for their disposal. {Section12}

 Effective and suitable provisions should be made in every factory for securing
and maintaining in every workroom; adequate ventilation by the circulation of
fresh air; and such a temperatures will secure to workers therein reasonable
conditions of comfort and prevent injury to health. {Section 13}

 Effective measures should be taken to prevent inhalation of dust to prevent


inhalation of dust and fume that may produce in the course of manufacturing
process. {Section 14}

 In any factory where the humidity of air is artificially increased, the State
Government may make rules prescribing standards of humidification; regulating
the methods used for artificially increasing humidity of the air; and directing
prescribed test for determining the humidity of the air to be correctly carried out
and recorded; and prescribing methods to be adopted for securing adequate
ventilation and cooling of the air in the workrooms. {Section 1S}

 No room in any factory should lie overcrowded to an extent injurious to the health
of the workers employed therein. {Section 16}

FACTORIES ACT, 1948 176


 In every part of a factory where workers are working or passing, there should be
provided and maintained sufficient and suitable lighting, natural or artificial, or
both. {Section 17}

 In every factory effective arrangements should be made to provide and maintain


at suitable points conveniently' situated for all workers employed therein a
sufficient supply of wholesome drinking water. {Section 18}

 In every factory sufficient latrine and urinal accommodation of prescribed types


should be provided conveniently situated and accessible to workers, separately
for male and female workers, at all times while they are at the factory. {Section
19}

 In every factory there should be provided a sufficient number of spittoons in


convenient places and they shall be maintained in a clean and hygienic
condition. {Section 20}

Safety

 The machinery in every factory should be properly fenced. {Section 21}

 Only the trained adult male worker, wearing tight fitting clothing which should be
supplied by the Occupier, should be allowed to work near the machinery in
motion. {Section 22}

 No young person shall be employed on dangerous machinery, unless he is fully


instructed as to the danger arising in connection with the machine and the
precautions to be observed and he has received sufficient training in work at the
machine. {Section 23}

 Suitable arrangements should be made to provide striking gear and devices for
cutting off power in case of emergencies. {Section 24}

 Sufficient precautions should be taken with regard to self-acting machines to


avoid accidents. {Section 25}

 To prevent danger, all machinery driven by power should be encased and


effectively guarded. {Section 26}

 Woman worker and children should not be employed in any part of the factory for
pressing cotton in which a cotton-opener is at work. {Section 27}

 Hoists and Lifts in a factory should be periodically inspected by the Competent


Person. {Section 28}

 Lifting Machines, Chains, Ropes and Lifting Tackles in a factory should be


periodically inspected by the Competent Person. {Section 29}

FACTORIES ACT, 1948 177


 Where process of grinding is carried on, a notice indicating the maximum safe
working peripheral speed of every grind-stone or abrasive wheel etc., should be
fixed to the revolving machinery.{Section 30}

 Where any plant or machinery or any part thereof is operated at a pressure


above atmospheric pressure, effective measures should be taken to ensure that
the safe working pressure of such plant of machinery or part is not exceeded.
{Section 31}

 Floors, stairs and means of access should be soundly constructed and properly
maintained. {Section 32}

 Pits, sumps opening in floor etc., should be either securely covered or fenced.
{Section 33}

 No workman shall be employed in any factory to lift, carry or move any load so
heavy as to be likely to cause him injury. {Section 34}

 Necessary protective equipment should be provided to protect the eyes of the


workman, where the working involves risk of injury to the eyes. {Section 35}

 Suitable precautionary arrangements should be taken against dangerous fumes,


gases etc. {Section 36}

 Every practicable measures should be taken to prevent any explosion where the
manufacturing process produces dust, gas, fume or vapour etc. {Section 37}

 Every practicable measures should be taken to prevent the outbreak of fire and
its spread, both internally and externally. {Section 38}

 The Inspector of Factories can ask the Occupier or the Manager of the Factory to
furnish drawings, specification etc., of any building, machinery or a plant, in case
he feels that condition of such building, machinery or the plant may likely to
cause danger to human life. {Section 39}

 The Inspector of Factories can suggest suitable measures of steps to take by the
Occupier or Manager for implementation, when he feels the condition of any
building, machinery or a plant may likely to cause danger to human life. {Section
40}

 Wherein 1000 or more workmen are employed in a factory, the Occupier should
appoint a Safety Officer to look after the safety aspects of the factory. {Section
40-B}

Welfare

FACTORIES ACT, 1948 178


 Adequate and suitable 'washing facilities' should be provided in every factory.
{Section 42}

 Provision should be made to provide suitable places for keeping clothing not
worn during working hours and for the drying of wet clothing.{Section 43}

 In every factory, suitable arrangements for sitting should be provided and


maintained for all workers obliged to work in a standing position, in order that
they may take advantage of any opportunities for rest which may occur in the
course of their work.{Section 44}

 First-Aid Boxes with the prescribed contents should be provided and maintained
so as to be readily accessible during all working hours at the rate of at least one
Box for every 150 workmen. {Section 45}

 In every factory wherein more than 500 workers are employed there should be
provided and maintained an Ambulance Room of the prescribed size, containing
the prescribed equipment and in the charge of such medical and nursing staff.
{Section 45(4)}

 The Occupier should provide a canteen for the use of workers in every factory,
where the number of workmen employed is more than 250.{Section 46}

 In every factory wherein more than 150 workers are employed adequate and
suitable shelters or rest rooms and a suitable lunch room, with provision for
drinking water, where workers can eat meals brought by them, should be
provided and maintained for the use of the workers. {Section 47}

 In every factory wherein more than 30 women workers are ordinarily employed
there should be provided and maintained a suitable room for the use of children
under the age of six years of such women. {Section 48}

 In every factory wherein more than 500 or more workers are employed, the
Occupier should employ in the factory such number of Welfare Officers as may
be prescribed. {Section 49}

Working Hours of Adult Workers

 Ordinarily, a worker should not be allowed to work in a factory for more than 48
hours in any week. {Section 51}

 The workman should have one holiday for a whole day in a week. Where he was
asked to work on his scheduled weekly holiday, he should be given
compensatory holiday within three days of his scheduled weekly holiday.
{Section 52}

 After obtaining approval from the Inspector of Factories, the workman shall be
allowed to avail the compensatory holidays unavailed by him, within that month

FACTORIES ACT, 1948 179


during which the compensatory holidays are due or within two months
immediately following that month. {Section 53}

 Subject to the provisions of Section 51 no worker should be allowed to work


more than nine hours in a day. {Section 54}

 The timings of work should be fixed in such a way that no worker should be
required to work continuously for more than five hours; and he should be allowed
to avail an interval for rest of at least half-an hour during his work in a day.
{Section 55}

 The period of work of a workman should be so arranged that inclusive of his


interval for rest under Section 55 should not spread over more than ten and a
half hours in any day. {Section 56}.

General Duties of the Occupier

a) Every Occupier should ensure, so far is reasonably practicable the health, safety
and welfare of all workers while they are at work in the factory.

b) Without prejudice to the generality of the provisions of sub-section (1), the


matters to which such duty extends, include -

 the provisions and maintenance of plant and systems of work in the factory
that are safe and without risks to health; .

 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 substance;

 the provision of such information, instruction, training and supervision as are


necessary to ensure .the health and safety of all workers at work;

 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;

 the provision, maintenance or monitoring of such working environment in the


factory for the workers that is safe, without risks to health and adequate s
regards facilities and arrangements for their welfare at work.

c) Except in such cases as may be prescribed, every Occupier should prepare, and,
so often as may be appropriate, revise, a written statement of his general policy
with respect to the health and safety of the workers at work and the organization
and arrangements for the time being in force for carrying out that policy, and to

FACTORIES ACT, 1948 180


bring the statement and any revision thereof to the notice of all the workers in
such manner as may be prescribed. {Section 7-A}

FACTORIES ACT, 1948 181

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