Factories Act, 1948

Part ll
Nidhi Shukla
XISS
 Chapter IV Safety
 21- fencing of machinery
 i) Fencing of Machinery sec21(1)
The following must be securely fenced by safe guards
of substantial construction while the machinery are in
motion or use :
 i) every moving part of a prime mover and fly wheel
connected to prime mover,
 ii) the headrace and tailrace of every water-wheel and water
turbine;
 iii) any part of stock-bar which projects beyond the head
stock of a lathe; and
 iv) unless they are in such a position or of such construction
that is otherwise safe, the following, namely,
 every part of electric generator, a motor or rotary converter;
 every part of transmission machinery; and
 every dangerous part of any other machinery;
 shall be securely fenced by safeguards of substantial
construction which shall be consistently maintained
and kept in position while the parts of machinery they
are fencing are in motion or in use.
Work on or Near Machinery in
Motion- 22
 Examine machinery and to carry out: Sec22(1)
 lubrication or other adjusting operation; or
 any mounting of belts or lubrication .

 By specially trained Adult male worker wearing tight-fitting

clothing
a) such worker shall not handle a belt at a moving pulley
unless:
 i) the belt is not more than fifteen centimeters in
width;
 ii) the pulley is normally for the purpose of drive;
 iii) the belt joint is either laced or flush with the belt;
 iv) the belt, the joint and the pulley rim, are in good
repair;
 v) reasonable clearance between the pulley & fixed
plant
 vi) secure foothold & handhold, provided for the
operator;
 vii) any ladder securely fixed/ lashed/ firmly held
b) Every set screw, bolt and key on any revolving shaft,
spindle, wheel, pinion, gearing in motion securely
fenced
23-Employment of Young Person
on Dangerous Machine

 Prohibits employment of young person

on dangerous machine unless fully
instructed on dangers /precautions and
(i) received sufficient training in work at
the machine, or
 (ii) is under adequate supervision by a
person who has a thorough knowledge
and experience of the machine.
 SG to decide which machines fall under
this category
Other safety provisions
 Striking Gear and Devices for Cutting off Power -
Section 24: so constructed, placed and maintained
as to prevent belt from creeping back
driving belts to rest or ride upon shafts
Prevention of accidental starting of transmission
machinery
 Self-acting Machines: distance of 45 cm from any
fixed structure not part of the machinery Section 25
 Casing of New Machinery: all machinery driven by
power Section 26
 punishable with imprisonment for a term which
may-extend to three months or with fine which may
extend to Rs 500 or with both.
 Contd ...
 Prohibition of Employment of Women and
Children near Cotton Openers (Section 27).
 Hoists and Lifts Section 28:hoists and lifts must
be of good mechanical construction, sound
material and adequate strength. not 'only be
properly maintained but also thoroughly
examined at least twice a year by competent
persons.
 Section 29- lifting machines, chains, ropes and
lifting tackles: good construction, sound
material, adequate strength and free from
defects, properly maintained and thoroughly
examined. Working load for lifting machines to
be marked. Cranes not to approach beyond 6 m
of the person employed on or near the wheeel
tracks of a crane
 Revolving Machinery : grinding process; safe
working peripheral speed, the speed of shaft o
spindle, diameter of the pulley, to be indicated,
speed not to be exceeded Sec30
 Contd.
 31. pressure plants: Where pressure is
maintained above the atm press. Safe
working press. For the machine not to
exceed
 32. floors , stairs and means of access:
sound construction, properly maintained,
free from obstructions and substances
that may cause a person to slip, should be
provided with substantial handrails. Where
working at a height is required , provision
of fencing or otherwise
 33. pits, sump, openings in floors: either
securely covered or fenced. SG may
exempt by order writing, subject to
conditions
 Contd.
 34. excessive weights: no person to carry or
lift SG to prescribe limits to max weights for
adult men, women, adolescents and children.
 35. Protection of eyes: prescribed activities
involving risk of injury, effective screens or
goggles
36. Precautions Against Dangerous Fumes,
and Gases
No entry in any chamber, tank, vat, pit,
pipe, flue, or other confined space in any
factory in which any gas, fume, vapor or
dust is likely to be present, unless provided
with manhole of adequate size or other
means of egress, all practicable measures
for removing gas, fume, vapour, dust to
permissible limits, Certificate in writing by
the competent person. Breathing
apparatus and secure attachment by rope
for person in a confines place
 Contd.
36 A. Precaution Against Using Portable Electric
Light
Prohibits use of portable electric light or any other
electric appliance of voltage exceeding 24 volts.
Lights of flame proof construction in chamber, tank,
vat, pit pipe, flue
37. Explosive or Inflammable Materials
These measures include : (i) effective enclosures
of the plant or machinery used in the process; (ii)
removal or prevention of the accumulation of such
dust, gas or vapor; (iii) exclusion or effective
enclosure of all possible sources of ignition. [Section
37 (1)].
38. Precaution in case of fire: safe means of escape,
necessary equipment
39. Power of inspector to require specifications of
defective parts or tests of stability
 Contd.
 40.Safety of building and machinery: inspector
may specify measures to occupier, manager or both
or prohibit use until properly repaired or altered.
 40 A. maintenance of buildings:
 40 B. Safety Officers: In order to prevent
accidents, the Act provides for the appointment
of Safety Officers in factories employing 1,000
or more workers or where any manufacturing
process or operation is carried on, which
involves any risk of bodily injury, poisoning or
disease, or any other hazard to health, to the
persons employed in the factory.
 41. power to make rule to supplement this
chapter: devices and measures for securing
safety
PROVISIONS RELATING TO HAZARDOUS
PROCESSES

 Section 2 (cb) of the Factories (Amendment)

Act, 1987 defines the term "hazardous
process" as
 any process or activity in relation to an
industry specified in the First Schedule
where, unless special care is taken, raw
materials used therein or the intermediate or
finished products, bye-products, wastes or
effluents thereof would :
i) cause material impairment to the health of
the persons engaged,
ii) result in the pollution of the general
environment
Provided that the State Government may,
by notification in the Official Gazette,
amend the First Schedule by way of
addition, omission or variation of any
industry.
41 A Site Appraisal
Committee
 Initial location involving hazardous process or expansion
a Site Appraisal committee consisting of
 the Chief Inspector of the State who shall be its Chairman,
 a representative of the Central Board for the Prevention and
Control of Water Pollution appointed by the Central
Government under Section 3 of the Water (Prevention and
Control of water Pollution) Act, 1974;
 a representative of the Central Board for the Prevention and
Control of Air Pollution referred to in Section 3 of the Air
(Prevention and control of Air Pollution) Act, 1981;
 a representative of the State Board appointed under Section 4
of the Water (Prevention and Control of Pollution) Act, 1974;
 a representative of the Central Board for the Prevention and
control of Air Pollution referred to in Section 5 of the Air
(Prevention and Control of Pollution) Act, 1981;
 a representative of the Department of Environment in the
State;
 a representative of the Meteorological Department of the
Government of India;
 Contd.
Not more than 5 members co-opted by SG shall be
i) a scientist having specialized knowledge of the hazardous
process which will be involved an expert in the field of
occupational health; and
a representative of Town Planning Department of the State
Government
ii) a representative of the local authority within whose
jurisdiction the factory is
iii) not more than three other persons by the State
Government.
 Site Appraisal Committee shall examine application for
establishment factory owned or controlled by the Central
Government:
 State may Government co-opt in Site Appraisal Committee
a central govt representative
 The Site Appraisal committee shall have power to call for
any information involving a hazardous process.
 Where the State Government has granted approval involving
a hazardous process, further approval from the Central
Board not necessary (Prevention and Control of Pollution)
Act, 1981.
Compulsory disclosure of
information by the occupier- 41 B
The occupier to disclose dangers, health hazards and
the measures to overcome them arising from the
exposure to or handling of the materials or
substances in the manufacture, transportation,
storage and other processes to :
(1) (i) Workers employed in the factory
(2) (ii) the Chief Inspector,
(3) (iii) the local authority within whose jurisdiction the
factory is situated and
(4) (iv) general public in the vicinity.
 While registering the factory involving a hazardous
process, the occupier shall lay down a detailed policy
with respect to the health and safety of the workers-
and intimate such policy to the Chief Inspector
 Such information, shall include accurate quantity,
specifications and other characteristics of wastes and
manner of their disposal
 Contd.
 Every occupier to draw up an on site emergency plan
and detailed disaster control measures for his factory
and make known to the workers employed therein and
to the general public living in the vicinity of the factory
the safety measures required to be taken in the event of
an accident taking place. [Sub-section 4]
 to inform the Chief Inspector of the nature and details
of the process
 On contravention of provision, the license issued be
cancelled and the occupier liable to penalty
 7). The occupier of the factory involving a hazardous
process shall, with the previous approval of the Chief
Inspector, lay down measures for the handling, usage,
transportation and storage &disposal of hazardous
substances and publicize them in the prescribed
manner among the workers and the general public living
in the vicinity
Occupier’s Specific responsibility
in relation to hazardous process 41-C
 : Under section 41-C every occupier of a factory involving
any hazardous process is required
 (a) maintain accurate and up-to-date health records or,
the case may be, medical records, of the workers in the
factory who are exposed to any chemical, toxic or any
other harmful substances which are manufactured,
strored, handled or transported and such records shall
be accessible to the workers subject to prescribed
conditions; and
 (b) appoint persons who possess qualifications and
experience in handling hazardous substances and are
competent to supervise such handling within the factory
and to provide at the working place all the necessary
facilities for protecting the workers in the prescribed
manner
 (c) provide for medical examination of every worker-
 (i) before such worker is assigned to a job involving the
handling of, or working with, a hazardous substance, and
(ii) while continuing in such job, and after he has ceased
to work in such job, at intervals not exceeding twelve
months, in prescribed manner.
Powers of Central Government to appoint
Inquiry Committee: 41 D
 1). The Central government may, in a factory
engaged in hazardous process, appoint an
Inquiry Committee to inquire into the
standards of health and safety to finding out
the causes of any failure of neglect in the
adoption of any measures or standards
prescribed affecting general public
 2). The Committee appointed under sub-
section (1) shall consist of a Chairman and
two other members and the terms of
reference of the Committee and the tenure
of office of its members shall be such as may
be determined by the Central Government
according to the requirements of the
situation.
 3). The recommendation of the Committee
shall be advisory in nature.
 Emergency Standards: 41 E

 1). Where the Central Government is satisfied

that no standards of safety have been
prescribed in respect of a hazardous process or
are inadequate, it may direct the Director-
General of Factory Advice Service and Labor
Institutes or any institution specialized in
matters relating to standards of safety in
hazardous processes, to lay down emergency
standards for enforcement of suitable standards
in respect of such hazardous processes.
 2). The emergency standards laid down under
sub-section (1) shall be enforceable
Permissible limits of exposure to
chemical and toxic substances 41 F
 Maximum permissible limit : as per second
schedule
 SG may make suitable changes in the
schedule to give effect to any scientific
proof from institutions and experts
 Worker's participation in
safety management: 41 G
 1). The occupier shall, in every factory, where a
hazardous process takes place, or where hazardous
substance are used or handled, set up a Safety
Committee consisting of equal number or
representative of workers and management to
promote co-operation between the workers and
management in maintaining proper safety and health
at work and to review periodically the measure taken
in that behalf :
 State Government may exempt the occupier of any
factory or class of factories from setting up such
Committee.
 2). The composition of the Safety Committee, the
tenure or office of its members and their rights and
duties shall be such as may be prescribed.
Right of workers to warn
about imminent danger 41 H
 Reasonable apprehension, bring it to
the notice of the occupier, agent,
manager or person in charge directly or
through their representatives in Safety
Committee and simultaneously to the
Inspector
 Duty of OAMP to take immediate
remedial action and send report to
inspector
 If OAMP not satisfied of existence ,
shall refer the matter to the nearest
inspector whose decision shall be final
Chapter V - Welfare
 42 Washing facilities -Inevery factory adequate
and suitable separate facilities for washing
conveniently situated should be provided and
maintained for the use of both male and
female workers. The above facilities provided
for the use of female workers, should be
adequately screened in order to provide
privacy to female workers. The State
Government is also empowered to prescribe in
respect of any factory 'the standards and
suitable facilities for washing by framing rules
 43. Facilities for storing and drying clothing:-
SG to make rules
44- facilities for sitting
 In every factory where workers are
obliged to work in a standing position
 The CI may make an order in writing
requiring an occupier to provide for
seating arrangement for all workers if
he is satisfied that work can be
efficiently done in a sitting position
 45 First Aid Appliances
The occupier of factory is required to provide the facility
of first aid boxes to be made use of by the workers in an
emergency The first aid boxes or cupboards should be
Readily accessible and equipped with prescribed
contents. The number of boxes and cupboards should
not be less than one for every 150 workers ordinarily
employed at any time in a factory. Each first aid box or
cupboard should be kept in the charge of a separate
responsible person who holds a certificate in first aid
treatment recognised by the State Government and
readily available

workers during the working hours of the factory.

In every factory where more than. 500 workers are

ordinarily employed there should be provided and
maintained an ambulance room of the prescribed size,
containing the prescribed equipment and in the
charge of qualified medical and nursing staff as
prescribed and the above facilities should be made
available during the working hours of the factories.
46- Canteens
 Factories wherein more than 250 workers are
ordinarily employed, canteen or canteens to be
provided and maintained by the occupier
 Rules made by SG provide for:
a. date
b. Stds for construction, accomodation, furniture
and other equipment
c. Foodstuff to be served and charges therefor
d. Constitution of a managing committee and
representation of workers
dd. Items of expenditure to be taken into account
in fixing the cost of foodstuff
e. Delegation to the CI powers to make rules
47. shelters, rest rooms,
lunch rooms, 48. Creches
 Where more than 150 workers are ordinarily
employed SRL to be provided with provision for
drinking water
 If canteen is already provided, SRL requirement
will be deemed to have been fulfilled
 Factories wherein more than 30 women workers
are ordinarily employed , crèche for the use of
children below 6 yrs of age
 Shall be under the charge of women trained in
care of children and infants
 SG rules to specify:-
a. Location and stds
b. Provision of addl facilities
c. Provision of milk or refreshment
d. Facilities for mothers to feed the children at
regular intervals
 49, 50
 Wherein 500 workers are ordinarily
employed, such no. of welfare officers to
be appointed as prescribed. SG to
prescribe duties, qualifications, and
conditions of service

 Power to make rules to supplement this

chapter
Chapter VI working hours for
Adults
 51- not more than 48 hrs in a week
 52- weekly holidays- 1st day of the week(said
day, Sunday) exceptions
a. If the workers have or will have a holiday on
one of three days immediately before or after
the said day
b. Manager has before the said day or
substituted day, delivered a notice to this
effect and has displayed it.
Such notices may be cancelled not later than a
day before
For the purpose of calculation where the
substituted day falls in one of the three days
immediately before the said day, the days will
be included in the preceding week
53. Compensatory holidays
 Where as a result of passing of an order
or making of a rule, a worker is
deprived of a weekly holiday, he shall
be allowed within the month the
holidays were due or within two months
immediately following that month
compensatory holidays equal to
holidays lost
 54, 55
 Daily Hours:No adult worker to work in a
factory for more than 9 hours in a day. But
with the previous approval of the Chief
Inspector the daily maximum hours may
be exceeded in order to facilitate and
adjust the change of shifts.
 Intervals of rest: Rest during working
hours of at least half an hour. This interval
be placed to break the work for a
maximum of 5 hours at a stretch
extendable to six hours by the permission
of the State Government
 56, 57, 58
 Spread over 10.5 hrs including pd of rest
can be extended up to 12 hrs by CI
 Where a worker works on a shift and works
beyond midnight, a holiday would mean 24
consecutive hrs beginning when the shift
ends and the hrs worked beyond midnight
shall be counted in the previous day
 Prohibition of overlapping shifts: more than
one relay of workers not to work in work of
same kind at the same time
59 extra wages for overtime
 Work in excess of the maximum hours
of work to be paid extra wages at twice
the ordinary rate of wages. Ordinary
rate of wages for this purpose shall be
the basic wages plus such allowances
including the cash equivalent or the
advantage accruing through the
concessional sale of food grains .
Further, where any worker is employed
on a piece rate basis the time rate
wages be deemed to be equivalent to
daily average wages for the piece rated
worker.
60. Restriction on double
employment
 No adult worker allowed to work on a
day he has already been working in any
other factory , except in prescribed
circumstances
 51- weekly hrs
 52- weekly holidays
 53- compensatory holidays
 54- daily hrs
 55- intervals of rest
 56- spread over
 57- night shifts
 58-overlapping shifts
 59-OT wages
 60- Double employment
61- notice of periods of work
1) a notice of periods of work for adults,
showing clearly for every day the periods
during which adult workers may be
required to work.
2) The notice shall be fixed beforehand, in
accordance with this section and work not
to be in contravention of secs
51,52,53,54,55,56,58
3) Where all the adult workers in a factory
are required to work during the same
periods, the manager of the factory shall
fix those periods for such workers
generally.
 Contd..
4) Where all the adult workers in a factory are
not required to work during the same periods,
the manager of the factory shall classify them
into groups according to the nature of their
work indicating the number of workers in each
group.

5) For each group which is not required to work

on a system of shifts, the manager of the
factory shall fix the periods during which the
group may be required to work.

6) Where any group is required to work on a

system of shifts and the relays are not to be
subject to predetermined periodical changes
of shifts, the manager of the factory shall fix
the periods during which each relay of the
group may be required to work.
 Contd..
 (7) Where any group is to work on a system of shifts, and
the relays are to be subject to predetermined periodical
changes of shifts, the manager of the factory shall draw
up a scheme of shifts where under the pd, the relay for
any day shall be known
 (8) The State Government may prescribe forms of the
notice required by sub-section (1) and the manner in
which it shall be maintained.
 9) In the case of a factory beginning work after the
commencement of this Act, a copy of the notice referred
to in sub-section (1) shall be sent in duplicate to the
Inspector before the day on which work is begun in the
factory.
 10) Any proposed change in the system of work in any
factory which will necessitate a change in the notice
referred to in sub-section (1) shall be notified to the
Inspector in duplicate before the change is made, and
except with the previous sanction of the Inspector, no
such change shall be made until one week has elapsed
since the last change.
 62- register of adult workers
(1) The manager of every factory shall maintain
a register of adult workers, to be available to
the Inspector at all times during working
hours, or when any work is being carried on in
the factory, showing
(a) the name of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to
which he is allotted; and
(e) such other particulars as may be prescribed:
Contd...
 PROVIDED that, if the Inspector is of
opinion that any muster roll or register
maintained as part of the routine of a
factory gives in respect of any or all the
workers in the factory the particulars
required under this sections, he may, by
order in writing, direct that such muster
roll or register shall to the
corresponding extent be maintained in
place of, and be treated as, the register
of adult workers in that factory.
 62 contd... & 63
 [(1A) No adult worker shall be required or
allowed to work in any factory unless his
name and other particulars have been
entered in the register of adult workers.]
 (2) The State Government may prescribe
the form of the register of adult workers,
the manner in which it shall be maintained
and the period for which it shall be
preserved.
63- hrs of work to correspond with notice
& register
 No adult worker shall be required or
allowed to work in any factory otherwise
than in accordance with.......
 64 power to make exempting
rules
1) SG may make rules defining persons or
empowering the CI to declare any person (
other than so defined) as Person holding
position of supervision or management or
employed in a confidential position
 The provisions of this chapter ( except 66
1(b) shall not apply to any person so
defined or declared
 Shall be entitled to OT unless his ordinary
rate of wages exceeds 18,000 ( 24,000) per
month (s.1(6) pymnt of wgs 1936)
 64- 2
2) SG may make rules exempting-
 a) Wrkrs engaged on urgent repairs, frm the provisions of 51,
52, 54, 55 & 56
 b) Preparatory or complementary wrk- frm 51, 54, 55 & 56
(wrkng outside the factory)
 C) Intermittent ( no work pd > rest interval) – frm 51, 54, 55 &
56
 d) Work which must be carried on continuously – frm 51, 52,
54, 55 & 56
 e) Engaged in supplying articles of prime necessity – frm 51
& 52
 f) MP of Seasonal nature- frm 51, 52 & 54
 MP dependent on irregular action of natural forces frm 52 &
55
 g) Engaged in engine rooms or boiler houses , attending to
power plant or transmission machinery – frm 51, 52
 h) Printing of newspapers, breakdown of machinery- frm
51,54 & 56
 i) Loading, unloading - 51,52,54, 55 &56
 j) Work of national importance- 51,52,54,55,56
 Contd....
3) Consequential exemption- section 61 ( notice
of pds of wrk
4) In making rules SG , except under clause (a)
of (2), limits inclusive of overtime to be:
i) 10 hrs in a day
ii) 12 hrs spread over in a day
SG to prescribe circumstances and conditions
for i) and ii) to not apply to clause (d)-
continuous work where wrkrs may be
required to wrk for the whole or part of the
subsequent shift such that;
i) Hrs of work in a week not to exceed 60(incl
OT)
ii) Total hrs of OT in a Qtr not to exceed 50
Quarter: pd of 3 consecutive mths bgng 1st
Jan, 1st Apr , 1st July, 1st Oct
5) Rules made under this sec to remain in force
for not more than 5 yrs
65- power to make exempting
orders
1) Nature of work and other circumstances, SG
satisfied that fixing of pd of wrk before hand is
unreasonable, may by written order relax or
modify provisions of sec 61 to such extent that it
thinks fit and subject to such conditions as is
expedient to ensure control.
2) To enable the factory to deal with an exceptional
press of wrk, SG or CI may exempt frm 51, 52, 54
& 56
3) Exemption under (2) subj. to :-
i) not > 12 – hrs in a day
ii) Not > 13 hrs sp ovr
iii) Not > 60 hrs in a week
iv) Not > 7 days OT at a stretch, not > 75 hrs in a qtr
66- further restrictions on
employment of women
1) Provisions of this chapter to be supplemented
by restrictions:
a) No exemption frm 54 for women
b) Women not to wrk except b/w 6am and 7pm
limits laid down may be varied by SG by not. In
the off. Gaz but not beyond 10 pm and before
5am
c) No change of shifts except after a holiday
2) Women wrkng in fish curing and fish canning
factories, SG may exempt ( to prevent
damage and deterioration) and prescribe
extent and condns
3) Rules made under this section to remain in
force for not more than 3 yrs
Chapter Vll employment of
young persons
 67- prohibition of employment of young
children : not completed 14th yr
 68 – non adult worker to carry tokens : a
child who has completed his 14th yr, or
an adolescent
a) Certificate of fitness to be in the
custody of the mgr
b) Child or adolescent to carry token
giving reference to such certificate
 69- certificate of fitness
1) Application by young person or guardian or
manager, when made by yp or parent, document
to be signed by mgr, to the CS to examine and
ascertain fitness
2) The CS may after examination, grant or renew
a) cert. of fitness as a child on grounds that 14th yr
is completed and prescribed physical stds
attained
b) Cof to work as an adult on grounds that 15th yr is
completed and is fit for a full day’s wrk in a
factory
Provided that CS has personal knowledge of place
of wrk proposed and the MP to be employed in
 contd.
3) a) CoF to be valid only for 12 mths
b) may be subj to condn s as regards nature
of work and re-examination before the expiry
of 12 mths
4) CS may revoke if no longer found to be fit to
wrk in the capacity
5) where CS refuses to grant or renew, he shall
if so requested state reasons (in writing )
thereof
6) young person not to work in any factory
except in accordance with conditions
referred to in ss2(b)
7) any fee payable for a cert. To be paid by the
occupier, not recoverable frm YP or Guardian
 70. effect of CoF granted to
adolescent
1.Shall be deemed to be an adult for all
purposes of ch Vl an ch Vll
1A. no adolescent (female or male) who has
been granted CoF shall be required or
allowed to wrk except b/w 6am and 7pm
i) Limits may be varied by SG subject to
prohibition b/w 10 pm and 5 am ( female
adolescent)
ii) Exemption in case of serious emergency
where Nat. Int. Is involved
2) If not granted CoF , an adolescent will be
deemed to be a child
71. Working hrs for children
1) No child to be employed or permitted –
a) For more than 4 ½ hrs in any day
b) During the night(pd of at least 12
consecutive hrs including the interval
between 10 pm and 6 am)
2) All children to have pd of wrk limited to two
shifts not to overlap and not to extend
beyond a spread over of 5 hrs, each child to
be employed in only one of the relays which
will not be changed once in a pd of 30 days
3) Section 52 to apply without exemption frm
any of its provisions
4) No child to be allowed to work on any day he
has already been working in another factory
5) No female child to wrk except b/w 8 am and 7
pm
 72. Notice of pd of work for
children
1) Notice showing clearly pds during which
children may be required or allowed to
work to be displayed and correctly
maintained [ in accordance with 108(2) ]
2) Pds to be fixed before hand and in
accordance with method laid down in sec
61 such that sec 71 is not contravened
3) Ss (8), (9), (10) of S 61 to apply to the
notice
73. Register of child workers
1) To be maintained by the manager....
Showing.......a, b, c, d, same as adult
except..
e) The number of his CoF
1A. No child to work unless particulars
entered
2) The SG to presc. Form of the register,
manner and pd for which it shall be
preserved

Sec 74 - hrs of work to correspond with

notice and register
 75 power to require medical
examination
Inspector may serve notice on the manager
of the factory requiring;
a) Any person working without CoF but is in
his opinion a YP or
b) A YP wrkng with a CoF but is no longer
fit
To be examined by a CS and unless certified
or renewed not be employed or permitted
to work if the inspector so directs.
 76. Power to make rules
77 certain other provisions of law not barred
 SG –
a) Prescribing forms Of CoF, providing for grant
of duplicates in the event of loss, fixing the
fees for cert and their renewal
b) Prescribing physical stds
c) Regulating procedure of certifying Surgeons
d) Specifying other duties , fixing fees for such
duties
 Provisions to be in addition to not in
derogation of the Employment of Children
Act, 1938
Chapter Vlll annual leave with
wages
78. Application of Chapter
1) Provisions shall not operate to the
prejudice of any right the worker is
entitled to under any other law
provided that if any award, settlement or
any contract of service provides for a
longer ALwW , wrkr shall be entitled to it.
2) Not to apply to wrkrs of any factory of
railway administered by Government, who
are governed by rules approved by the CG
 79. AlwW
1) Wrkd for 240 days in a calendar year LwW
calculated @ -
i) One day for every 20 days of wrk performed
by him (adult)
ii) One day for every 15 days.....(child)
days on which wrkr will be deemed to have
wrkd ( 240 days )
a) lay-off, by agreement or contract or as
permissible under standing orders
b) For a female wrkr maternity leave not
exceeding 12 weeks
c) Leave earned in the year prior to that in
which it is enjoyed
ALwW exclusive of all holidays whether
occuring during or at either end of the pd of
leave
 Contd..
2) If service commences on any day other
than 1st Jan computation to be done if he
has worked for 2/3rd of the total no. Of
remaining days in calendar year
3) If dismissed, discharged, quits,
superannuated, or died during the course of
a calendar year, he or his heirs shall be
entitled to wages in lieu of leave he was
entitled to immediately before his being
DDQSD . Payment to be made –
i) Where DDQ, before the expiry of the
second working day from the day of DDQ
ii) Where S or D while in service, before the
expiry of two mnths frm the date of S or D
 Contd...
4) Fraction of Leave of half a day or more
shall be treated as full day’s leave and less
than half shall be omitted
5) When the worker does not take the whole
of the leave allowed to him , leave not taken
shall be added to leave to be allowed to him
in the succeeding calendar year.
Provided that total no of leave carried over
not>30 for adult and not>40 for a child
Provided when applied for and not granted
(ref ss 8,9,10), shall be entitled to carry
forward the leave refused
 Contd...
6) application for leave to be made in writing
15 days ahead, to the manager (all or a
portion thereof)
Provided that in a Public Utility Service not
less than 30 days before
Provided that leave may be taken not more
than 3 times during any year
7) If leave is taken to cover a pd of illness, he
shall be granted leave even if not applied for
(15 days, or 30 days before)
8) Grant of leave allowable may be regulated,
for the purpose of ensuring continuity of
work, the scheme in writing for which may be
lodged with the CI by the occupier or
manager in agreement with the Works
Committee or any such committee , or rep of
wrkrs
 Contd..
9. The scheme to be displayed, be in force for a pd of
12 mths, renewed thereafter with or without
modifications, for further pd of 12 mths at a time,
by the mgr or occupier in agreement with WC or a
similar committee or rep of wrkrs and notice of
renewal to be sent to the CI before renewal
10 an application of leave, not contravening
provisions of ss 6 shall not be refused unless in
accordance with ss 8, 9
11. If entitled to leave and terminated by the
occupier before he has taken the entire leave and
having applied was not granted and quits before
taking leave , occupier to pay wages for leave pd (
sec 80) when terminated, before the expiry of the
second day and if he quits on or before the next
pay day
12. Unavailed leave not to be taken into
consideration in computing the pd of notice before
dismissal or discharge
 80- wages during leave period
1) For leave allowed to him under section 78 or
79, wages at a rate equal to daily average of
his total full time earnings for all days he
worked in the month immediately preceding
his leave exclusive of OT and Bonus but
including DA, and cash equivalent of
advantage from concessional sale of food
grains and other articles, to the worker ( avg
of days actually worked in case he has not
worked on all days in the calendar month
preceding his leave)
2) Cash equivalent to be computed as often as
may be prescribed on the basis of maximum
quantity admissible to a “standard family”
 Standard Family
 Family consisting of a worker, his/her
spouse and two children below the age of
14 yrs = 3 adult consumption units
 Adult consumption unit= consumption unit
of a male above the age of 14 yrs= 1
 Female above the age of fourteen yrs = .8
 Child below the age of fourteen yrs = .6
 SG to prescribe rules for manner of
computation and maintenance of registers
for the purpose of this section
 81 to 84
81- payment in advance; when allowed leave
for not less than 4 days (adult) or 5
days(child) wages for the period before the
leave begins for the pd of leave
82 mode of recovery of unpaid wages –
recoverable as delayed wages under
Payment of Wages Act 1936
83- power to make rules – SG directing mgrs
to keep registers to be made available to
the Inspectors
84- Power to exempt factories against more
favourable leave rules taking into account
the totality of benefits
 Chapter lX special provisions
85 – power to apply the Act to certain premises
–
1) any place wherein MP is carried on with or
without the aid of power or is ordinarily
carried on notwithstanding that the no of
workers is less than 10 or 20 or the persons
working are not employed by the owner but
are working with permission or under
agreement with such owner( except when MP
is carried on by the owner only with the aid
of his family
2) Place once so declared to be deemed to be a
factory
 Contd..
 86- power to exempt public institutions-
maintained for the purposes of education,
training, research or reformation
 87- dangerous operations- where MP exposes
persons employed to a serious bodily injury,
poisoning or diseases ; SG to make rules:
a) Specifying MP to be dangerous
b) Prohibiting or restricting employment of
women, adolescents and children
c) Providing for Medical Examination
d) Providing for protection
e) Prohibiting, restricting, controlling use of
specified material
f) Provision of additional welfare amenities
87-A power to prohibit employment
on account of serious hazard
1) If it appears to the Inspector that there exists
hazard to persons employed or the general
public in the vicinity, shall, by order in writing
state particulars of the hazard and prohibit the
occupier from employing any person other than
the minimum no of persons necessary to
attend to the minimum tasks till the hazard is
removed
2) Order to have effect for 3 days, extended by CI
by subsequent order
3) Any person aggrieved by order( Insp or CI) shall
have right of appeal to the HC
4) Person whose employment is affected, shall be
entitled to wages and other benefits ; duty of
the occupier to provide alternative employment
where possible
88- notice of certain accidents
1) Accident causing death or bodily injury
where the injured person is prevented from
working for a period of 48 hrs, or more, mgr
to send notice to authorities prescribed
2) Where accident causes death, the authority
to make inquiry into the occurrence within
one month of the receipt of notice, where the
auth. Is not the Insp. Cause the Insp to make
inquiry
3) SG may make rules- procedure at inquiries
88-A : notice of certain dangerous occurrences-
whether causing bodily injury or disability or
not
 CITE-HR answer when an
accident occurs ( as
managers take note)
 When an accident takes place,
 the primary responsibility of the employer is to give him first aid.
 Then he shall be sent to medical dispensary or hospital depending
upon the seriousness of the accident. Normally, workers who are
covered under the ESI will get treatment from the nearby ESI
Hospital.
 The next formality is to inform the Inspector of Factories and
Boilers and the ESI local office of the accident. This is done by
using proper forms. That is, Form 18 (Notice of Accidents and
Dangerous Occurences)is to be sent to the Factories & Boilers and
a similar form- Form 16- to be sent to the Local office of the ESI to
which the company is attached.

 The particulars of the accident should also be entered in separate

registers kept as-
Accident Book- Form 15 - ESI and
Register of Accidents and Dangerous Occurences in form 26-
Factories Act.
This facilitates cross checking.
Madhu.T.K
 89-notice of certain diseases
1) Disease specified in the third schedule
2) When attended by a medical practitioner,
report by the Medical practitioner to the CI
stating-
a) Name and address of the patient
b) Disease from which he is believed to be
suffering
c) Name and address of the factory employing
him or having last employed him
3) CI to pay prescribed fee to med. pract.
Recoverable from the occupier
4) If med. Pract fails to comply with ss(2) –
punishable with fine up to 1000/-
5) CG may add to or alter the third schedule
 Section- 90
 90 power to direct enquiry into cases of
accident or disease: SG may appoint a
competent person and one or more persons
possessing legal or special knowledge as
assessors
 Power of a civil court and section 176 of IPC
(1860) applicable.
 Report of inquiry to the SG stating causes,
attending circumstances, observations made
 SG may publish report
 Make rules
 91- power to take samples
1)Inspector during normal working hrs after
informing the occupier or mgr or other person
in charge ,take sample of any substance used
or intended to be used if-
a) He believes it to be in contravention of any of
the provisions of this Act or
b) In his opinion is likely to cause bodily injury
or injury to health of workers
2) Inspector to divide the sample into three
portions and effectively seal and mark in the
presence of OMP and permit him to put his
seal and mark
3) OMP shall provide the appliances for dividing,
sealing and marking
4) One sample to OMP, one to Government
Analyst and one retained
5) Report by Govt. Analyst may be used as
evidence
 91-A Safety and Occupational
Health Surveys
 The CI, or the DGFASLI , or the DGHS, to the
GOI or such other officer authorised by the
Govt, or the CI or the DGFASLI or the DGHS at
normal working hrs or any time he finds it
necessary, after giving notice in writing to
OMP, undertake OHS and OMP shall afford all
facilities
 Every worker shall present himself to undergo
such ME as may be considered necessary and
furnish all information in his possession
 Time spent by worker to be deemed as time
during which the worker worked in the factory
Report submitted shall be deemed to be report
submitted by an Inspector