Labour Law

THE FACTORIES ACT, 1948
Introduction:
Factories Act is one of the earliest labour welfare legislations. The object of the act is to secure health,
safely, welfare, proper working hours, and other benefits to workers. The Act requires that workers
should work in healthy and sanitary conditions and for that purposes. It provides that precaution
should be taken for safety of workers and prevention of accidents.
Definition of Factory:
Secton 2(m) defines the term “factory” means any premises, including the precincts thereof, in any
part of which manufacturing process is carried on with or without the aid of power, provided that at
least 10 or 20 persons respectively are employed or were employed on any day of the preceding 12
months.
Meaning of occupier of factory
Section 2(n) defines the term “occupier of factory” means a person who has ultimate control over
affairs of factory. It includes a partner in case of a firm and director in case of a company, that if a
factory is run by a company, then only the director of the company can be treated as occupier. The
occupier shall ensure, as far as possible health, safety, and welfare of workers while they are working
in a factory. The name of the occupier of the factory is required to be informed to the Chief Inspector
of Factories. The occupier will be held responsible if the provisions of the Factories Act, 1948 are not
complied with.
Definition of Worker
Section 2(l) defines “worker” means a person employed, directly or by or through any agency with or
without the knowledge of the principal employer, whether for remuneration or not, in any
manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing
process, or in any other kind of work incidental to, or connected with, the manufacturing process, or
the subject of the manufacturing process.
PROVISIONS REGARDING THE WELFARE OF WORKERS
1. Washing facilities
In every factory adequate and suitable facilities for washing shall be provided and maintained for the
use of the workers therein; separate and adequately screened facilities shall be provided for the use of
male and female workers; such facilities shall be conveniently accessible and shall be kept clean. The
Government may, in respect of any factory or class or description of factories or of any manufacturing
process, prescribe standards of adequate and suitable facilities for washing. (Sec 42)
2. Facilities for storing and drying of wet clothing
The State Government may in respect of any factory or class or description of factories, make rules
requiring the provision therein of suitable places for keeping clothing not worn during working hours
and for the drying of wet clothing. (sec 43)
3. Facilities for sitting

In every factory suitable arrangements for sitting shall 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. If, in the opinion of the Chief Inspector, the workers
in any factory engaged in a particular manufacturing process or working in a particular room are able
to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of
the factory to provide before a specified date such seating arrangements as may be practicable for all
workers so engaged or working. (Sec 44)
4. First aid appliances
There shall in every factory be provided and maintained so as to be readily accessible during all
working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of
such boxes or cupboard to be provided and
maintained shall not be less than one for every one hundred and fifty workers ordinarily employed in
the factory.(sec 45).
5. Canteens
That in any specified factory wherein more than two hundred and fifty workers are ordinarily
employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the
workers. (Sec. 46)
6. Shelters
In every factory where more than 150 workers are employed there must be provided adequate and
suitable shelters or rest rooms and a lunch room (with drinking water supply) where workers may eat
meals brought by them. Such rooms must be sufficiently lighted and ventilated and must be
maintained in a cool and clean condition~. The standards may be fixed by the State Government.
(Sec. 47)
7. Creches
In every factory where more than 30 women a employed, a room shall be provided for the use of the
children (below 6 years) of such women. The room shall be adequate size well lighted and ventilated,
maintained in a clean and sanitary condition and shall be in charge of a woman trained in the care of
children and infants. The standards shall be laid down by the State Government. (Sec. 48)
Welfare officers
Welfare officers must be appointed in every factory where 500 or more workers are employed. The
State Government may prescribe the duties, qualifications etc. of such officers. (Sec. 49)

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THE FACTORIES ACT, 1948

Meaning of occupier of factory

PROVISIONS REGARDING THE WELFARE OF WORKERS

2. Facilities for storing and drying of wet clothing

3. Facilities for sitting

4. First aid appliances

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