Factories Act 1948

FACTORIES ACT, 1948
• Central legislation enforced by the state government;

• In force since 1.4.1949
• Social legislation
• 120 provisions spread-over under 11 chapters
• Act empowers state to make rules to enlarge the scope and
objectives of the Act.
• Accordingly KFR 1969 is in force since 10.4.1969
• Rules are also amended from time to time
• Extends to the whole of India
• Applicable to the premises, which comes under the
definition “Factory”
FACTORIES ACT, 1948
 Regarded as one of the Noble and a Comprehensive

Labour Legislation which is inforce in our country.
 Covers all the aspects relating to workers employed in
factories.
Secures - Safety
Health
Welfare
Regulates - Working Hours
OBJECTIVES
• TO SECURE SAFETY OF THE PERSONS;
•TO SECURE HEALTH OF THE PERSONS FROM
HAZARDOUS OCCUPATION/PROCESSES;
• TO ENSURE PROTECTION FROM HAZARDOUS
EQUIPMENT;
• TO ENSURE SOUND WORKING ENVIRONMENT;
• TO ENSURE WELFARE OF THE PERSONS;
• TO PROTECT THE ENVIORNMENT;
FOCUSSED AREAS
• Occupiers responsibility
• Inspectors responsibility
• Health
• Safety
• Welfare
• Working hours for adult workers
• Annual leave with wages
• Provisions – strength of workers
• Provisions - Women employment
• Provisions - Child labour
• Dangerous operations
FOCUSSED AREAS
• Notifiable diseases
• Special provisions relating to hazardous processes
• Accidents and dangerous occurrences
• Statutory notices, registers
• Right of workers
• Obligation of workers
• Penalties and procedures
HEALTH
• Cleanliness
• Disposal of waste and effluent
• Dust and fumes
• Over crowding
• Lighting (at the place of work / at the place of movement)
• Drinking water
• Latrine and urinals
• Ventilation and temperature (reasonable condition of
comfort)
SAFETY
• Fencing of machinery (transmission machinery / dangerous
rotating parts)
• Lifting machines/ tackles
• Pressure plant
• Floors, stairs and sumps
• Excessive weights
• Protection of eyes (risk of injury – particle fragments /
risk of injury – exposure to light)
• Precautions in case of fire
• Safety of building and machinery
• Power to prohibit on account of serious hazard, imminent
danger
WELFARE
• Washing facilities
• Facilities for sitting
• First aid appliances
• Crèche
• Canteen
• Rest room, shelters, lunch room
• Welfare officers
• First aid trained personnel
• Ambulance room
ANNUAL LEAVE WITH WAGES
One day for every twenty days
Eligibility :
• 240 days in a calendar year – his/her service is from
beginning of the calendar year;
• 2/3rd of the calendar year – his/her service begins in the
middle of calendar year
• Issue of leave books
• Maintain registers
• Any discharge / dismissal – benefit shall be settled
immediately.
WORKING HOURS FOR ADULTS
Act regulates the working hours for adult workers employed in
the factories
• Weekly hours / Daily hours;
• Weekly holidays
• Interval for rest
• Extra wages for overtime
• Spreadover – 10½ hours – 12 hours
• Restriction of double employment
• Notice of periods of work – contrary is not allowed
• Power to make exempting orders
• restriction on employment of women
• Register of adult workers
FACTORIES ACT – WOMEN WORKERS
• Prohibits the employment of women from 7 pm to 6 am.

• Prohibits overtime work
• Act permits the Government to notify the factories to
employ women workers up to 10pm with conditions
• Government has notified 15 categories of factories under 2
notifications;
PROVISIONS IN THE ACT, CORRESPONDING
TO STRENGTH OF THE WORKERS
• Crèche
• Restroom / shelters and lunch room
• Cooled drinking water
• Canteen
• Ambulance room – Doctor, Nurse and Dresser cum
compounder
• Welfare officer
• Lady welfare officer
• Safety officer
• Occupational health centre – Industries – 2(cb)
DISPLAY OF NOTICES
• Notice of periods of work
• An abstract of the act and rules
• Cautionary notices
• Safety posters
• Name of the Inspector
• Name of the certifying surgeon
RETURNS TO BE SUBMITTED
• Annual return
• Half yearly return
• Accident return
MAINTENANCE OF REGISTERS
• Muster roll
• Register of adult workers
• Register of leave with wages
• Inspection book
• Register of accident or dangerous occurrence
• Overtime exemption register
• Health register
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
• Responsible for submission of returns, accident reports,
returns, etc.
• Responsible to submit notice regarding working on Sunday,
over time works, etc.
• He is jointly responsible with the occupier in implementing
the applicable provisions of the Act.
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.
After the SC judgment during 1996
• MANAGER means a person responsible to the occupier for
the working of the factory. He has to be nominated by the
occupier.
OFFENCE PENALTIES Secs.92
FOR CONTRAVENTION OF THE PROVISIONS OF IMPRISONMENT UPTO 2 YRS.OR FINE UPTO
THE ACT OR RULES 1,00,000 OR BOTH
ON CONTINUATION OF CONTRAVENTION RS.1000/- PER DAY
ON CONTRAVENTION OF CHAPTER IV •NOT LESS THAN RS.25000/- IN CASE OF DEATH

PERTAINING TO SAFERTY OR DANGEROUS •NOT LESS THAN RS.5,000/- IN CASE OF SERIOUS
OPERATIONS INJURIES
IMPRISONMENT UPTO 3 YRS.OR FINE NOT LESS
SUBSEQUENT CONTRAVENTION OF SOME THAN 10,000/-WHICH MAY EXTEND UPTO
PROVISIONS RS.2,00,000/-
OBSTRUCTING INSPECTORS IMPRISONMENT UPTO 6 MONTHS OR FINE UPTO

RS.10,OOO/- OR BOTH
WRONGFUL DISCLOSING RESULT PERTAINING IMPRISONMENT OF 6 MONTHS OR FINE UPTO

TO RESULTS OF ANALYSIS RS.10,000/- OR BOTH
FOR CONTRAVENTION OF THE PROVISIONS OF • IMPRISONMENT UPTO 7 YRS. WITH FINE UPTO
SEC.41b,41c AND 41h PERTAINING TO RS.2,00,000/- AND OR CONTINUATION FINE
COMPULSORY DISCLOSURE OF INFORMATION @RS.5,000/- PER DAY
BY OCCUPIER,SPECIFIC RESPONSIBILITY OF • IMPRISONMENT OF 10 YRS. WHEN
OCCUPIER OR RIGHT OF WORKERS TO CONTRAVENTION CONTINUES FOR ONE YEAR.
IMMINENT OF DANGER.

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FACTORIES ACT, 1948

• Central legislation enforced by the state government;

 Regarded as one of the Noble and a Comprehensive

• Prohibits the employment of women from 7 pm to 6 am.

ON CONTINUATION OF CONTRAVENTION RS.1000/- PER DAY

ON CONTRAVENTION OF CHAPTER IV •NOT LESS THAN RS.25000/- IN CASE OF DEATH

OBSTRUCTING INSPECTORS IMPRISONMENT UPTO 6 MONTHS OR FINE UPTO

WRONGFUL DISCLOSING RESULT PERTAINING IMPRISONMENT OF 6 MONTHS OR FINE UPTO

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