FACTORIES ACT

1948

-NIDHI
-SAKSHI
 A
• Introduction
• Objective
• Scope
• Important
Definitions
• Chapters (1-11)
• Provisions
• Conclusions
Presentation Title
2
INTRODUCTION
The factories act 1948 came into the force on 1st
April 1949 .It was enacted with the view to
removing a number of defects revealed in the
working of the act of 1934 .The act of 1948 not only
consolidates but also amends the law regulating
labour in factories.
The factories act of 1948 was enacted to protect
the welfare of workers in a factory by regulating
employment conditions, working conditions, the
working environment and other welfare requirement
of specific industries .
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OBJECTIVES

• 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
etc.

• The act also imposes some restrictions on the

employment of women, small children, teenagers.

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 General Scheme
The Act is divided into 11 chapters and contains one schedule.
Chapter 1 deals with preliminary information like the title , commencement of the act, approval of licencing and registration of
factories noticed by occupier etc (Sections 1to 7)
Chapter 2 deals with the “ inspecting staff” , viz., inspectors, their powers and certifying surgeons ( section 8 to 10)
Chapter 3 deals with the “health of the workers” (section 11 to 20)
Chapter 4 deals with the “safety of workers” in a factory ( section 21 to 41)
Chapter 5 relates to “welfare of the workers” and provide for washing facilities ( section 42 to 50 )
Chapter 6 deals with the “working hours of adults “(section 51 to 66)
Chapter 7 provides for various restrictions or limitations on employment of young persons and deals with other matters
(section 67 to 77)
Chapter 8 deals with annual leave and wages ( section 78 to 84)
Chapter 9 deals with “special provision” relating to power to apply the act to certain premises (Section 85 to 91)
Chapter 10 deals with “penalties and procedures” (section 91 to 106 )
Chapter 11 deals with “supplement issues “like appeals display and services of notices returns etc (section 107 to 120)
It also includes one schedule which gives the list of Notifiable diseases 5
 CHAPTER 1
SCOPE (SECTION 1)

• Extends to whole of India

• Applies to all factories including factories belonging to
central or any state government.

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IMPORTANT DEFINITIONS (SECTION 2)
1. ADULT :- A person who has completed eighteen years of age {section 2(a) }
2. ADOLESCENT :- A person who has completed his 15 years of age but has not completed his eighteenth
year { section 2(b)}
3. CALENDER YEAR:- Means the period of twelve months beginning with the first day of January in any
year (section 2 bb)
4. CHILD:- Means a person who has not completed his 15th year of age. { section 2(c)}
5. YOUNG PERSON :- Means a person who is either a child or an adolescent that is one who has not
completed his 18th year of age { section 2 (d)}
6. COMPETENT PERSON :- It means a person or an institution recognised such as Chief Inspector for the
purpose of enforcement of act {section 2 (a)}
7. MANUFACTURING PROCESS:- (a) Making, altering, repairing, ornamenting, finishing, packing,
oiling, washing, cleaning, breaking up, demolition or otherwise, treating or adapting any article or
substance with the view to its use sale , transport, deliver [section 2(k)(i)
(b) any process for generating, transforming or transmitting power .
(c) preserving or storing articles in cold storage.
8. FACTORY:- It means any premises with 10 or more persons are working in any manufacturing
processes being carried on with aid of power and twenty or more persons working without the aid of 7
power { section 2(m)}
 APPROVAL ,LICENSING AND
REGISTRATION OF
FACTORIES (section 6)
Every employer has to obtain the permission in writing of the state government for the site on which a
factories to be situated and for the construction or extension of any factory. For this he has to submit
plans and specification of construction for certification and approval to the chief inspector of the state
government.

He is required to get his factory registered and obtain a licence for operating it by paying the prescribed
licence and registration fees and supplying such information as it is required by the government .
If an application for permission , accompanied by plans and specification has been sent to the state
government or chief inspector by registered post and no other order is communicated to the applicant
within three months from the date on which it is to send it shall be assumed that permission has been
granted affected.
A factory shall not be deemed to be extended by reason only of the replacement of any plant or
machinery if such replacement or addition does not reduce the minimum clear space required for safe
working around the plant or machinery effect the environmental condition from the evolution or emission
of steam heat or dust or fumes injuries to health
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 NOTICE BY OCCUPIER( SECTION 7)
The occupier is required to send a return notice, at least 15 days before he begins to occupy or
use any premises as a factory, to the chief inspector containing-
(i) The name and the situation of the factory.
(ii) The name and the address of the occupier.
(iii) The name and address of the owner of the premises or a building.
(iv) The nature of the manufacturing process carried on in the factory during the last 12 months and
to be carried on in the next 12 months.
(v) The total rated horsepower installed or to be installed .
(vi) The name of the manager of the factory.
(vii) The number of workers likely to be employed in the factory.
(viii) The average number of workers employed per day during the last 12 months.

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DUTIES OF THE OCUPIER
(i) Maintenance of plant and system of work in factory are safe without risk to health.
(ii) Ensure safety and absence of risk to health in, use, handling storage, and transport of articles
and substances
(iii) Provide information instruction, training and supervision to ensure safety and health of all
workers.
(iv) Maintain, monitor that working environment in the factory for workers is safe without risk to
health and provide adequate facility for their welfare at work

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 CHAPTER 2
INSPECTOR (SECTION 8)
Under section 8(1)
The state government is required to appoint an inspector for the enforcement of the act by the
notification in the state gazette. The person who possesses the required qualifications can be
appointed for the purpose and his power can be prescribed by the state government.

Under sub section (2A)

The state government may, by notification in the gazette appoint any number of Chief
Inspector, Joint Chief Inspector and deputy chief inspectors and as many other officers.

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 POWER OF INSPECTORS (section 9)

1. He may enter any place which is used or which he has reason to believe is used as a
factory.
2. He may examine the premises, plants and machineries or other document relating
to the factory.
3. Inspector seize or take copies of any Registers, Records or other documents.
4. Inspector can take samples.
5. Inspectors can direct an inquiry into cases of accidents or disease.

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 CERTIFYING SURGEONS (SECTION 10)

Certifying surgeon is a qualified medical practitioner who certifies the

fitness of a workers of a factory.
Under section 10 the state government is empowered to appoint
qualified practitioners to be certifying surgeon for the purpose of this
act.

Duties of the certifying surgeon

• The examination of a person working in factories engaged in
dangerous occupation as may be specified in the act.
• The certifying surgeon must provide medical supervision in factories
where there has been cases of illness that may be due to the
manufacturing process or other working condition young people are
about to be employed in work that may cause injury
• The examination and certification of young persons
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This Photo by Unknown Author is licensed under

 CHAPTER 3
PROVISIONS REGARDING
HEALTH(SECTION 11-20)
1. Cleanliness (section 11):- Under this act it is required that every factory shall be kept
clean and free from effluvia rising from any drain, privy.
Following precautions shall be taken :-
• Accumulation of dust and dirt shall be removed daily by sweeping or by any other method from
the floor and benches for work rooms and from staircases in a suitable manner.
• If the floor become wet during the process of manufacture provision should be made for proper
drainage,
• The floor of every workroom shall be cleaned at least once in every week by washing using
disinfectant.

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2. Disposal of wastes and Effluents
(section 12)
For the disposal of waste the state government are required to make rules for
effective arrangements for the treatment and disposal of waste of manufacturing
process.

3. Ventilation and temperature (section 13)

Effective and suitable provision shall be made in every factory for securing and
maintaining in every work room:
(a) Adequate ventilation for the circulation of fresh air
(b) Temperature shall be kept at a level comfortable to workers.
(c) The walls and roof shall be such material and of such design as to keep the
temperature low.
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4. Dust and fumes (section 14)
Exhaust appliances shall be installed as near as possible to the point of origin of the
dust fumes or other impurities and such points shall be closed.

5. Artificial Humidification (section 15)

The Act provides that in respect of all the factories in which humidity is artificial
created, the state government may make rules
(i) prescribing standard of humidification.
(ii) Regulate the method used for artificially increasing the humidity of the air
(iii) Direct prescribed test for determining the humidity of the air to be correctly
carried out and recorded
(iv) Securing adequate ventilation and cooling of the air in the work rooms.

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6. Overcrowding (section 16)

No room in any factory shall be overcrowded to the extent of its being injurious to
the health of the worker employed therein to prevent overcrowding the act provides
that in every workroom a worker is to be provided with space at the rate of 9.9
cubic metre in old factories and 4.2 cubic metre in new factories

7. Lightning (section 17)

In every part of the factory where workers are working or passing they shall be provided
and maintain sufficient suitable lightning natural or artificial or both.

8. Arrangements for drinking water (section 18)

In every factory effective arrangements are to be made to provide and maintain at
suitable points a sufficient supply of wholesome drinking water. All such points shall be
clearly marked ‘drinking water and they are situated more than 6 metre away from any
washing places. Factories employing 250 or more workers should supply cool drinking
water during the hot weather. 17
9. Conservancy Arrangements (sections 19)
Separate and close arrangements should be made for male and female workers in
regard to conservancy services. Privacy should be secured and water supplied inside
the cubicles. There should be one seat for 25 male workers up to 100 and 1 seat for
additional 50 workers and for women there should be one seat for every 25 persons.

10. Spittons (section 20)

A sufficient number of spittoons should be provided at convenient places in every
factory and these should be maintained in a clean and hygienic conditions. No
person shall split within the premises of a factory. Any person working against this
provision shall be punished with fine not exceeding 5 rupees.

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 Chapter 4
Provisions Regarding Safety
(section 21-41)

(a)Fencing Of Machinery (SECTION 21)

In every factory every dangerous part of Any machinery, every moving part of a prime
mover, every part of transmission machinery, every flywheel connected to prime mover
must be securely fenced by safeguards of substantial construction the state government
is empowered to frame rules in this regard.
(b) Work on or near machinery in motion (section 22)
Only the trained adult worker wearing tight fitting clothing should be allowed to work near
the machinery in motion. To secure all the safety of the workers it is necessary to
examine any part of the machinery while it is in motion. Women and young children are
not allowed to clean lubricate or adjust any part of the prime mover or transmission19
machinery while it is in motion
(c) Employment of young persons on dangerous
machines(sec. 23)
No young person shall be employed on dangerous machinery unless he is fully
instructed and he has received sufficient training to work at the machine.
(d) Striking Gear and Devices for cutting off power (section 24)
Provide a striking gear and devices or cutting off power in case of emergency. In
every factory suitable striking gear or other efficient mechanical appliances has to be
provided, maintained and used to move driving belts. when driving belts are not in
use they should not be allowed to rest on shafting in motion.
(e) Self acting Machines (section 25)
Sufficient precautions should be taken with regard to self acting machines to avoid
accidents. Example Hydrolic , Loom machine in textile etc
(f) Casing of New Machines (section 26)
To prevent danger all machines be driven by power should be engaged and
effectively guarded. 20
(g) Prohibition of employment of women and children
near cotton openers (section 27)
women worker and children should not be employed in any part of the factory for
pressing cotton in which a cotton opener is at work

(h) Hoists , Lifts , Lifting machines ,etc (section 28-29)

Hoist and lifts in a factory should be Inspected by the competent person $ lifting
machines and chains , ropes in a factory also be inspected by the competent person
on a periodically basis.
(i) Revolving Machines (section 30)
Where process of grinding is carried on noticed indicating the maximum safe working
speed of every grindstone should be mentioned to avoid accidents.
(j) Pressure plant (section 31)
Where any plant or machinery or any part there of is operated at a pressure above
atmospheric pressure, effective measure should be taken to ensure that the safe
working pressure of such plant or machinery. 21
(k) Floors ,stairs and means of access (section 32)
Floor , stairs and means of excess should be soundly constructed and properly
maintained.
( l) Pits, sumps, opening in floors etc (section 33)
pits, sumps opening in floor etc should be securely covered or fenced.
(m) Excessive weight (section 34)
no workmen shall be employed in any factory to lift carry or move any load so heavy
as to be likely to cause him injury
(n) Protection of eyes (section 35)
necessary protective equipment should be provided to protect the eyes of the
workmen where the working involves risk to injury
(o) Precautions against dangerous fumes (section 36)
suitable precautionary arrangements should be taken against dangerous fumes gases

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(P) Precautions regarding the use of portable electric
light
(section 36A)
The act provided in any factory no portable electric light or any other electrical
appliances of voltage exceeding 24 volts shall be permitted for use inside any chamber
And the aggregate of people etc if any factory no person shall be allowed to enter any
chamber in in which dangerous fumes are likely to be present
(q) Explosive or inflammable dust gas etce (section 37
every practicable measure should be taken to prevent any exploitation where the
manufacturing processes produces dust gas fumes in vapour etc
(r) Precaution in case of fire (section 38)
every practicable measures should be taken to prevent the outbreak of fire and it’s a
spread both internally and externally
.
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(s) Power to acquire specification of defective parts or
test of stability( section 39)
The inspector of factories can ask the occupier or the manager of a factory to
furnish drawing etc of any building machinery plant in case he feels that the condition
of such things likely to cause danger to human life
(t) safety of buildings and machinery( section 40)
The inspector of factories can suggest suitable measures of steps to take by the
occupier or manager for implementation when he faced condition of any building
machinery or a plant may likely to cause danger to human life.
(u)Safety Officers(section 40B)
Where 1000 or more workmen are employed in a factory occupier should appoint a
safety officer to look after the safety aspects of the factory.
(v) Power to make rules (section 41)
The state government has the power to make rules to supplement the provision 24
relating to safety contained in the act.
 CHAPTER -5 (SECTION 42-50)
PROVISIONS REGARDING WELFARE OF
WORKERS
(a)washing facilities (section 42)
adequate and suitable washing facilities should be provided in every factory
(b) Facilities for storing and drying clothes (section 43)
provides suitable places for keeping clothing not worn during working hours and for
drying of wet clothes.
(c) Facilities for sitting( section 44)
suitable arrangements for sitting should be provided and maintained for all workers
who work in a standing position
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(d) First aid applicance (section 45)
first aid boxes at least one box for every 150 workmen should be
provided
section [45 (4)] factory wherein more than 500 workers are employed
there should be provided and maintained an ambulance , nursesETC

(e)canteens (section 46)

Canteen for the use of worker in every factory where the number of workmen
employed in more than 250 should be provided

(f) Shelter rest rooms and lunch rooms ( section 47)

workers are employed adequate and suitable shelters or restrooms and a suitable
lunch room with provision for drinking water should be provided

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(g) Creches (section 48)
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 a
age of 6 year
(h) welfare officers( section 49)
In every factory wherein than 500 or more workers are employed the occupier
should employ in the factory such number of welfare officers as may be
prescribed.

(i) Power to make rules in connection with welfare activities

(section 50)
Under the section the state government is empowered to make rules
(i) for exemption subject to compliance with all such alternatives arrangement for the welfare of
workers any factory or class of factories from the compliance with any of the welfare provisions.
(ii) directing any factory or class of factories that the representatives of workers employed in the
fact shall be associated with management of welfare facilities.
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Thank you
.