FACTORIES ACT, 1948.

INTRODUCTION
• IN INDIA THE FIRST FACTORIES ACT WAS PASSED IN 1881.
THIS ACT WAS BASICALLY DESIGNED TO PROTECT
CHILDREN AND TO PROVIDE FEW MEASURES FOR HEALTH
AND SAFETY OF THE WORKERS. THIS LAW WAS
APPLICABLE TO ONLY THOSE FACTORIES, WHICH
EMPLOYED 100 OR MORE WORKERS.
• IN 1891 ANOTHER FACTORIES ACT WAS PASSED WHICH
EXTENDED TO THE FACTORIES EMPLOYING 50 OR MORE
WORKER.
• THE FACTORIES ACT, 1948 IS A COMPREHENSIVE PIECE OF
LEGISLATION COVERING ALL ASPECTS REGARDING THE
FACTORIES
 OBJECTIVES OF THE ACT

• THE MAIN OBJECTIVES ARE

– TO REGULATE WORKING CONDITIONS IN
FACTORIES
– TO ENSURE THAT BASIC MINIMUM
REQUIREMENTS FOR SAFETY, HEALTH AND
WELFARE OF FACTORY WORKERS ARE
PROVIDED.
 HIGHLIGHTS OF THE ACT
• THE FACTORIES ACT, 1948 CAME INTO FORCE ON THE 1ST DAY OF APRIL,1949 AND EXTENDS
TO THE WHOLE OF INDIA. IT WAS, IN FACT, EXTENDED TO DADRA & NAGAR HAVELI,
PONDICHERRY IN 1963, TO GOA IN 1965 AND TO THE STATE OF JAMMU & KASHMIR IN
1970.

• THE FACTORIES ACT WAS AMENDED IN 1949, 1950, 1954, 1956, 1976 AND 1989.

• IN BHIKUSA YAMASA KSHATRIYA (P) LTD. V UOI, THE COURT OBSERVED THAT THE ACT HAS
BEEN ENACTED PRIMARILY WITH THE OBJECT OF PROTECTING WORKERS EMPLOYED IN
FACTORIES AGAINST INDUSTRIAL AND OCCUPATIONAL HAZARDS. FOR THAT PURPOSE, IT
SEEKS TO IMPOSE UPON THE OWNER OR THE OCCUPIER CERTAIN OBLIGATIONS TO
PROTECT THE WORKERS AND TO SECURE FOR THEM EMPLOYMENT IN CONDITIONS
CONDUCIVE TO THEIR HEALTH AND SAFETY.
THE FACTORIES ACT, 1948.
DEFINITION OF A FACTORY:-
• “FACTORY” IS DEFINED IN SECTION 2(M) OF THE ACT. IT MEANS ANY
PREMISES INCLUDING THE PRECINCTS THEREOF-
i. WHEREON TEN OR MORE WORKERS ARE WORKING, OR WERE WORKING ON
ANY DAY OF THE PRECEDING TWELVE MONTHS, AND IN ANY PART OF WHICH A
MANUFACTURING PROCESS IS BEING CARRIED ON WITH THE AID OF POWER,
OR IS ORDINARILY SO CARRIED ON; OR
ii. WHEREON TWENTY OR MORE WORKERS ARE WORKING, OR WERE WORKING
ON ANY DAY OF THE PRECEDING TWELVE MONTHS, AND IN ANY PART OF
WHICH A MANUFACTURING PROCESS IS BEING CARRIED ON WITHOUT THE AID
OF POWER, OR IS ORDINARILY SO CARRIED ON;

• BUT DOES NOT INCLUDE A MINE SUBJECT TO THE OPERATION OF THE

MINES ACT,1952 OR A MOBILE UNIT BELONGING TO THE ARMED
FORCES OF THE UNION, A RAILWAY RUNNING SHED OR A HOTEL,
RESTAURANT OR EATING PLACE.
 DEFINITIONS
• ADULT MEANS A PERSON WHO HAS COMPLETED HIS FIFTEENTH YEAR OF
AGE
• ADOLESCENT MEANS A PERSON WHO HAS COMPLETED HIS FIFTEEN YEAR
OF AGE BUT HAS NOT COMPLETED HIS EIGHTEENTH YEAR
• CHILD MEANS A PERSON WHO HAS NOT COMPLETED HIS FIFTEENTH YEAR
OF AGE
• YOUNG PERSON MEANS A PERSON WHO IS EITHER A CHILD OR AN
ADOLESCENT
• DAY MEANS A PERIOD OF TWENTY-FOUR HOURS BEGINNING AT MIDNIGHT
• WEEK MEANS A PERIOD OF SEVEN DAYS BEGINNING AT MIDNIGHT ON
SATURDAY NIGHT OR SUCH OTHER NIGHT AS MAY BE APPROVED IN
WRITING FOR A PARTICULAR AREA BY THE CHIEF INSPECTOR OF
FACTORIES
 DEFINITIONS
• POWER MEANS ELECTRICAL ENERGY, OR ANY OTHER FORM OF
ENERGY WHICH IS MECHANICALLY TRANSMITTED AND IS NOT
GENERATED BY HUMAN OR ANIMAL AGENCY
• PRIME MOVER MEANS ANY ENGINE, MOTOR OR OTHER APPLIANCE
WHICH GENERATES OR OTHERWISE PROVIDES POWER
• TRANSMISSION MACHINERY MEANS ANY SHAFT, WHEEL, DRUM,
PULLEY, SYSTEM OF PULLEYS, COUPLING, CLUTCH, DRIVING BELT OR
OTHER APPLIANCE OR DEVICE BY WHICH THE MOTION OF A PRIME
MOVER IS TRANSMITTED TO OR RECEIVED BY ANY MACHINERY OR
APPLIANCE
• MACHINERY INCLUDES PRIME MOVERS, TRANSMISSION MACHINERY
AND ALL OTHER APPLIANCES WHEREBY POWER IS GENERATED,
TRANSFORMED, TRANSMITTED OR APPLIED;
 DEFINITIONS
• MANUFACTURING PROCESS MEANS ANY PROCESS FOR-
– MAKING, ALTERING, REPAIRING, ORNAMENTING, FINISHING,
PACKING, OILING, WASHING, CLEANING, BREAKING UP,
DEMOLISHING, OR OTHERWISE TREATING OR ADAPTING ANY
ARTICLE OR SUBSTANCE WITH A VIEW TO ITS USE SALE,
TRANSPORT, DELIVERY OR DISPOSAL OR
– PUMPING OIL, WATER, SEWAGE OR ANY OTHER SUBSTANCE
– GENERATING, TRANSFORMING OR TRANSMITTING POWER; OR
– COMPOSING TYPES FOR PRINTING, PRINTING BY LETTER PRESS,
LITHOGRAPHY, PHOTOGRAVURE OR OTHER SIMILAR PROCESS
OR BOOK BINDING
– CONSTRUCTING, RECONSTRUCTING, REPAIRING, REFITTING,
FINISHING OR BREAKING UP SHIPS OR VESSELS
– PRESERVING OR STORING ANY ARTICLE IN COLD STORAGE
THE FACTORIES ACT, 1948.

THE FOLLOWING HAVE HELD TO BE A FACTORY:-

i. SALT WORKS (Ardeshir H. Bhiwandiwalla v. State of

Bombay AIR 1962 S.C. 29)
ii. A SHED FOR GINNING AND PRESSING OF COTTON
(Safari Gin and Press Factory v. Sheikh Ismail AIR 1937 Nag
311)
iii. A BIDI MAKING SHED (Chintaman Rao v. State of M.P. AIR
1958 S.C. 388)
iv. A RAILWAY WORKSHOP
v. COMPOSING WORK FOR LETTER PRESS PRINTING
vi. SAW MILLS
vii. PLACE FOR PREPARATION OF FOODSTUFF AND
OTHER EATABLES
 DEFINITIONS
• WORKER MEANS
– ANY PERSON EMPLOYED, DIRECTLY OR BY OR THROUGH ANY
AGENCY (INCLUDING A CONTRACTOR)
– 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
– BUT DOES NOT INCLUDE ANY MEMBER OF THE ARMED
FORCES OF THE UNION
THE FACTORIES ACT, 1948.

Some of the crucial Sections:

Sec. 6

Registration & Renewal of Factories

 
To be granted by Chief Inspector of
Factories on submission of prescribed form, fee
and plan.
 MEASURES IN REGARDS HEALTH
• CLEANLINESS (Sec 11)
• DISPOSAL OF WASTES AND EFFLUENTS (Sec 12)
• VENTILATION AND TEMPERATURE (Sec 13)
• DUST AND FUME (Sec 14)
• ARTIFICIAL HUMIDIFICATION (Sec 15)
• OVERCROWDING (Sec 16)
– 9.9 cubic meters before enactment of this Act
– 14.2 cubic meters after enactment of this Act
– Any space which is more than 4.2 meters above floor level should not
be taken into account
• LIGHTING (Sec 17)
• DRINKING WATER (Sec 18)
• LATRINES AND URINALS (Sec 19)
 MEASURES IN REGARDS TO SAFETY
• FENCING OF MACHINERY (Sec 21)
• WORKING ON OR NEAR MACHINERY IN MOTION (Sec 22)
• EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINES (Sec 23)
• STRIKING GEAR AND DEVICES FOR CUTTING OFF POWER (Sec 24)
• SELF ACTING MACHINES (Sec 25)
• CASING OF NEW MACHINERY (Sec 26)
• PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTON
-OPENERS(Sec 27)
• HOISTS AND LIFTS (Sec 28)
• LIFTING MACHINE, CHAINS, ROPES AND LIFTING TACKLES (Sec 29)
• REVOLVING MACHINERY (Sec 30)
• PRESSURE PLANT (Sec 31)
• FLOORS, STAIRS AND MEANS OF ACCESS (Sec 31)
 MEASURES IN REGARDS TO SAFETY
• PITS, SUMPS, OPENING IN FLOOR ETC (Sec 33)
• EXCESSIVE WEIGHTS (Sec 34)
• PROTECTION OF EYES (Sec 35)
• PRECAUTIONS AGAINST DANGEROUS FUMES, GASES ETC (Sec 36)
• PRECAUTION REGARDING THE USE OF PORTABLE ELECTRIC LIGHT (Sec 36
A)
• EXPLOSIVE OR INFLAMMABLE DUST, GAS ETC (Sec 37)
• PRECAUTION ON CASE OF FIRE (Sec 38)
• POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OR TESTS OF
STABILITY (Sec 39)
• SAFETY OF BUILDING AND MACHINERY (Sec 40)
• MAINTENANCE OF BUILDING (Sec 40A)
• SAFETY OFFICERS (Sec 40B)
 WELFARE MEASURES
• WASHING FACILITIES – SEC 42
• FACILITIES FOR STORING AND DRYING CLOTHING – SEC 43
• FACILITIES FOR SITTING – SEC 44
• FIRST-AID APPLIANCES –
• ONE FIRST AID BOX NOT LESS THAN ONE FOR EVERY 150 WORKERS– SEC 45

• CANTEENS
• WHEN THERE ARE 250 OR MORE WORKERS. – SEC 46

• SHELTERS, REST ROOMS AND LUNCH ROOMS WHEN THERE ARE 150 OR
MORE WORKERS. – SEC 47
• CRÈCHES
• WHEN THERE ARE 30 OR MORE WOMEN WORKERS. – SEC 48

• WELFARE OFFICE
• WHEN THERE ARE 500 OR MORE WORKERS. – SEC 49
WORKING HOURS, SPREAD OVER & OVERTIME OF ADULTS
• WEEKLY HOURS NOT MORE THAN 48 - Sec: 51
• DAILY HOURS, NOT MORE THAN 9 HOURS. - Sec: 54
• INTERVALS FOR REST AT LEAST ½ HOUR ON WORKING FOR 5 HOURS. - Sec:
55
• SPREAD OVER NOT MORE THAN 10½ HOURS. - Sec: 56
• WEEKLY HOLIDAYS (Sec 52)
• COMPULSORY HOLIDAYS (Sec 53)
• NIGHT SHIFTS (Sec 57)

• OVERLAPPING SHIFTS PROHIBITED. - Sec: 58

• EXTRA WAGES FOR OVERTIME DOUBLE THAN NORMAL RATE OF WAGES -
Sec:59
• RESTRICTIONS ON DOUBLE EMPLOYMENT. - Sec: 60
• NOTICE PERIODS OF WORK (Sec 61, 72,)
 ANNUAL LEAVE WITH WAGES

• A WORKER HAVING WORKED FOR 240

DAYS @ ONE DAY FOR EVERY 20 DAYS
AND FOR A CHILD ONE DAY FOR WORKING
OF 15 DAYS.
• ACCUMULATION OF LEAVE FOR 30 DAYS
ADULT WORKER
•40 DAYS IN CASE OF CHILD WORKER.
SEC. 79
 Sec.92 to 106
OFFENCE
   For contravention of the Provisions
of the Act or Rules
   On Continuation of contravention
   On contravention of Chapter IV
pertaining to safety or dangerous
operations.
   Subsequent contravention of some
provisions
   Obstructing Inspectors
   Wrongful disclosing result
pertaining to results of analysis.
   For contravention of the provisions
of Sec.41B, 41C and 41H pertaining to
compulsory disclosure of information
by occupier, specific responsibility of
occupier or right of workers to work
imminent danger.
PENALTIES
   Imprisonment upto 2 years or fine
upto Rs.1,00,000 or both
   Rs.1000 per day
   Not less than Rs.25000 in case of
death.
   Not less than Rs.5000 in case of
serious injuries.
   Imprisonment upto 3 years or fine
not less than Rs.10, 000 which may
extend to Rs.2, 00,000.
   Imprisonment upto 6 months or
fine upto Rs.10, 000 or both.
   Imprisonment upto 6 months or
fine upto Rs.10, 000 or both.
   Imprisonment upto 7 years with
fine upto Rs.2, 00,000 and on
continuation fine @ Rs.5, 000 per day.
  Imprisonment of 10 years when
contravention continues for one year.