FACTORIES ACT

The object of the Factories Act is to regulate the conditions of work in

manufacturing establishments coming within the definition of the term "factory"
as used in the Act.
The first Act, in India, relating to the subject was passed in 11. This was
followed by new Acts in 1!1, 1!11, 1!"", 1!#$ and 1!$. The Act of 1!$ is
more comprehensi%e than the pre%ious Acts. It contains detailed pro%isions
regarding the health, safety and welfare
of workers inside factories, the hours of work, the minimum age &f, workers,
lea%e with pay etc. The Act has been amended se%eral times.
The Act is based on the .pro%isions of the Factories Act of 'reat
(ritain passed in 1!#).
In 1!)& the Act was amended e*tensi%ely. The pro%isions of the
Amendment ha%e been +uoted and summarised at the appropriate .places in this
chapter.
A,,-I.ATI/0 /F T12 A.T
The Factories Act of 1!$ came into force on 1st April 1!$!3 It applies to
factories, as defined in. the Act, all o%er India, including the 4tate of 5ammu and
6ashmir.
7nless 8otherwise pro%ided, the Factories Act applies to factories belonging
to the .entral or any 4tate 'o%ernment.994ec. 11&.
:2FI0ITI/04 70:2; T12 FA.T/;I24 A.T
.Factory. The term Factory is defined in 4ection " <m= of the Act as follows>
"Factory means any premises including the precincts thereof9 .
<i=. whereon ten or more workers are working, or were working on any
day of the preceding twel%e 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 twel%e 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 Indian @ines Act,
1!A" <Act BBBC of 1!A"=, or a mobile unit belonging to the armed forces of the
7nion, a railway running shed or a hotel, restaurant or eating place.
Explanation.-For computing the number of workers for the purposes of this
clause all the workers in different relays in a day shall. be taken into account.
D.lause "<m= as amended in 1!)&.E
7nder 4ection A, the 4tate 'o%ernment is empowered to declare any
establishment carrying on a manufacturing process to be a factory for the
purposes of the Act e%en though it employs less than the prescribed minimum
number of workers, pro%ided that the manufacturing process is not being
carried on by the owner only with the aid of his family.
Summary: From 4ec. "<m= of the Act it follows that m establishment
comes within the definition of a Factory if the conditions stated below are
satisfied >
1. It is a place where a "manufacturing process" is carried on.
". It employs the prescribed minimum number of "workers"
viz., ten if "8power" is used, and twenty if no "power" is used. It is sufficient if the
prescribed number of workers were employed on any day of the preceding
twel%e months.
#. . It is not a mine coming within the pur%iew of the Indian @ines Act of 1!A", a
railway running shed, mobile unit belonging to the armed forces of the 7nion, a
hotel, restaurant or eating place.
Manufacturing Process. This term is defined in 4ection "<k= in a %ery wide
sense. It iIicludes >
<i= making, altering, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adopting any
article or substance with a %iew to its use, sale, transport, deli%ery or
disposal3 or
<ii=pumping oil, water, sewage or any other substance3 or <1i= generating,
transforming or transmitting power3 or
<iii= <i%= composing types for printing, printing by letter press,
lithography, photogra%ure or other similar processes or book binding 3
or
<%= constructing, reconstructing, repairing, refitting, finishing or breaking
up ships or %essels 3 or
<%i= preser%ing or storing any article in cold storage.
For the corresponding section of the 2nglish Act, it was held that the different
processes enumerated in the clauses are merely illustrati%e so that laundries,
,carpet beating, or bottle washing works come within the Act, if mechanical
power is used. Patterson %. Hune
The following undertakings ha%e been held to be manufacturing
processes9bidi9making3 con%ersion of raw9films into finished products3 the
preparation of eatables in the kitchen of a restaurant 3 use of a refrigerator
for adapting any article with a %iew to its sale.
The scraping out of salt and grading them, e%en though done by, manual
labour, is a manufacturing process.
Forker. "Forker means a 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 8with, the manufacturing process" or the subject of the
manufacturing process but does not include any member of the armed forces
of the 7nion."94ec. "<1=, as amended in 1!)&.
Explanation: Forker means any person engaged in any work connected with
or incidental to a manufacturing .process. Thus the definition is wide. The term
includes persons engaged directly and, also those who are engaged through
an agency <including a contractor with or without the knowledge of the principal
employer=. The term includes clerical workers and persons paid by piece rates
in a factory.
The term 8worker8 does not include any member of the armed forces of
7nion. .
, ,
, In case of a factory worker there must be a relationship between
the employer and the employed. "
Apprentices, whether remunerated or not, are workers within the meaning
of the Act.
Power. ",ower means electrical energy, or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency."99
4ec. "<g=.
Prime mover. ",rime mo%er means any engine, motor or other appliance which
generates or otherwise pro%ides power."994ec. "<h=.
Transmission machinery. "Transmission machinery means any shaft, wheel,
drum pulley, system of pulleys, coupling, clutch,8dri%ing belt or other appliance or
de%ice by which the motion of a prime mo%er is transmitted to or recei%ed by any
machinery or appliance".994ec. "<i=.
Machinery. "@achinery includes prime mo%ers, transmission machinery and all
other appliances whereby power is generated, transformed, transmitted or
applied."994ec. "<j=.
Adult. "Adult means a person who has completed his eighteenth year of age".99
4ec. "<a=. G
Adolescent "Adolescent means a person who haH completed his fifteenth year
of age Gbut has not completed his eighteenth year."4ec. "<b=.
Child 88.hild means a person who has net completed his fifteenth year of age."
994ec. " < c= .
!oung Person. "Ioung ,erson means a person who is either a child or an
adolescent."994ec. "<d=.
Calendar !ear. ".alendar Iear means the period of twel%e months beginning
with the first day of 5anuary in any year."
4ec. "<dd=. G
"ay. ":ay means a period of twenty four hours beginning at midnight." 994ec. "
< e= .
;eferences to the time of the day in the G Act are to the Indian 4tandard Time. In
areas where the I.4.T. is not obser%ed, the 4tate 'o%ernment can by rules define
the local mean time.994ec. #.
#ee$ "Feek means a period of se%en days beginning 8at midnight on 4aturday
night or such other night as may be appro%ed in writing 5ar a particular area by
the .hief Inspector of Factories." 994ec. "<f=.
Shift and Relay Fhere work of the same kind is carried out by two or more sets
of workers working during different periods of the day, each of such sets is called
a "relay" and each of such periods is called a "shift."94ec. "<r=.
Occu%ier. "/ccupier" of a factory means the person who has ultimate control
o%er the affairs of the factory, and where the said affairs are entrusted to a
managing agent, such agent shall be deemed to be the occupier of the factory.99
4ec. "<n=.
In case of a ship, which is being repaired or on maintenance work is being
carried out in dry dock which is a%ailable for hire, the following persons for certain
section of the Act will be deemed to be occupier (i) the owner of the dock, and (ii)
the owner of the ship or his agent or master or other officers9in9charge in the ship
or any person who contracts with such owner, agent or master or other officers9
in9charge to carry out the repair or maintenance work.94ec. "<n= added by The
Factories <Amendment= Act, 1!)&.
The Act imposes se%eral duties and responsibilities on the occupier of the
factory. <4ee below=.
An occupier of factory may be an owner, a lessee or a mere licensee but he
must ha%e the right to occupy the property. 1e should also control the
management.
APPRO&A'( 'ICE)CI)* A)" RE*ISTRATIO)
It is necessary to obtain a" licence before a factory is started. 4ection &
pro%ides that the 4tate 'o%ernment may make rules re+uiring, for the purposes
of this Act, the submission of. plans or any class or description of factories to the
.hief Inspector or the 4tate 'o%ernment, and the plans and specifications of a
factory and its location.
The Amendment of 1!)& pro%ides that any replacement and addition to the
factory will not be allowed if it does not reduce the I minimum clear space
re+uired for safe working around the plant or machinery or ad%ersely affect the
en%ironmental conditions from the e%olution or emission of steam, heat or dust or
fumes injurious to health.
)otice +y occu%ier. 4ection ) pro%ides that the occupier of a factory
must, at least 1A days before he begins to occupy or use any premises as a
factory3 send to the .hief Inspector of Factories a written notice containing the
following particulars>
< 1 = the name and situation of factory 3
<"= the name and address of the occupier 3
<#= the name and address of the owner of the premises or building <including
the precincts thereof= 3
< $= the address to which communications relating to factory may be sent 3
<A= the nature of the manufacturing process to be carried on in the factory during
the ne*t twel%e months 3
< &= the total rated horse power installed or to be installed in the factory, which
shall not include the rated J horse power or any separate stand9by plant3
<)= the name of the manager of the factory for the purposes of this Act 3
<= the number of workers likely to be employed in the factory 3
<!= such other particulars as may be prescribed.
The rules stated abo%e are enforced . because the plans and specifications
of the factory must insure proper measures of health, safety and welfare of the .
workers.
T12 I04,2.TIK0 4TAFF
The Factories Act empowers the 4tate 'o%ernment to appoint Inspectors,
.hief Inspectors of Factories, Additional .hief Inspectors, 5oint .hief Inspectors
and :eputy .hief Inspectors. 2%ery :istrict
@agistrate is an Inspector for his district. 0o person can act as an Inspector if .he
is or becomes directly or indirectly interested in a factory or in any process or
business carried on therein or in any patent or machinery connected therewith. .
Powers of Ins%ectors 4ection ! pro%ides that subject to any rules made
in this behalf, an Inspector may e*ercise the following powers within the local
limits for which he is appointed >
(a) enter, with such assistants, being persons in the ser%ice of the 'o%ernment
or any local or other public authority, as
he thinks fit, and place which is used, or which he has reason to belie%e is
used, as a. factory 3
(b) make e*amination of the premises, plant and machinery3
<c) re+uire the production of any prescribed register and any other document
relating to the factory, and take on the spot or otherwise statements of any
person which he may consider necessary for carrying out the purposes of the
Act3 and .(d) e*ercise such other powers as may be prescribed for carry ing
out the purposes of this Act.
0o person shall be compelled under this section to answer any +uestion
or gi%e any e%idence tending to incriminate himself.
7nder 4ection !1, an Inspector may take a sample of any substance,
used or intended to be used in a factory, for the purpose of finding out whether
the substance is injurious and if the factory is %iolating any of the pro%isions of
the Act.
O+structing an Ins%ector. Fhoe%er wilfully obstructs an Inspector in the
e*ercise of any power conferred on him by or under this Act, or fails to produce
on demand by an Inspector any registers /f other documents in his custody kept
in pursuance of this Act or of any ru.Les made thereunder, or conceals or
pre%ents any worker in a factory from appearing before, or being e*amined by,
an Inspector, shall be punishable Mwith imprisonment for a term which may
e*tend to three months or with fine which may e*tend to ;s. #KK or with both.9
4ec. !A. .
The onus is on the prosecution to show that a person has obstructed an
inspector.
"uties of Ins%ector. It is the duty of factory inspectors to enforce the
pro%isions of the Factories Act and other industrial laws. For this purpose they
inspect factories periodically. If any rule is %iolated they take steps like
prosecuting the guilty persons etc.
.2;TIFII0' 47;'2/04
4ection 1K pro%ides that the 4tate 'o%ernment may appoint +ualified
medical practitioners to .be certifying surgeons for the purposes of the Act for
specified local areas or for specified factories or class of factories.
0o person can be a certifying surgeon for a factory or industry in which he is
interested .directly or indirectly.94ec. 1K<#=.
The 4tate 'o%ernment may by order in writing and subject to specified
conditions, e*empt any person or class of persons from the pro%isions of this
sub9section in respect of any factory or class or description of factories.
"uties. The certifying surgeon has the following duties under the Act and the
rules framed under it.
1. The e*amination and certification .of young persons.
". The e*amination of persons engaged in factories in dangerous
occupations or processes. .
#. @edical super%ision of factories in cases where such super%ision had
been prescribed owing to the dangerous nature of the work carried on or for any
other reason, %iN.,
<i= cases of illness ha%e occurred which it is reasonable to belie%e are due to the
nature of the manufacturing process carried on,. or other conditions of work
pre%ailing therein3
<ii= by reason of any change in the manufacturing process carried on or in the
substances used therein there is a likelihood of injury to the health of workers
employed in that manufacturing process 3
<iii= young persons are, or about to be employed in any work !ic! is li"ely to
cause in#ury to t!eir !ealt!.
(iv)
PRO&ISIO)S RE*AR"I)* T,E ,EA'T, OF #OR-ERS
4ections 11 to "K of the Act contain certain pro%isions intended to ensure
that the conditions under .which work is carried on in factories do not affect the
health of the workers injuriously. The summary of the pro%isions are e*plained
below >
4ummary of the pro%isions of the Factories Act. relating 9to the health of
workers are stated below.
1. Cleanliness. 2%ery factory shall be kept clean and free from dirt, and the
outflow of drains etc. The floors must be cleaned. :rainage shall be pro%ided.
Inside walls, partitions and ceilings must be repainted at least once in fi%e
years. Fhen washable water paint is used they must be painted once e%ery
three years and washed at least e%ery period of si* months.94ec. 11,8 as
amended in 1!)&.
". "is%osal of wastes and effluents The waste materials produced from the
manufacturing process must be effecti%ely disposed o$$-Sec. %&.
. &entilation /and Tem%erature There must be pro%ision for ade+uate
%entilation by the circulation of fresh air> The temperature
must be kept at a comfortable le%el. 1ot parts of machines must be
8separated and insulated.94ec. 1#.
0 "ust and Fume If the .manufacturing process used. gi%es off injurious or
offensi%e dust and fume steps must be taken so that they are not inhaled or
accumulated. The e*haust fumes of internal combustion engines must be
conducted outside the factory.994ec. 1$.
1 Artificial humidification The water used for this purpose must be pure. It
must be. taken from some source of drinking water supply. The 4tate
'o%ernment can frame rules .regarding the process of humidification etc.9ec.
1A. .
2 OverCrowding There must be no o%ercrowding in a factory. In factories
e*isting before the commencement of the Act there must be at least #AK c.ft.
<Mr AA cubic metres= of space per worker. For factories built afterwards, there
must be at least AKK c.ft. <or )A cubic metres= of space. In calculating the
space, an account is to be taken of space abo%e 1$ ft. <or A metres= from the
floor.94ec. 1&.
3 'ighting. Factories must be well lighted. 2ffecti%e measures must be
adopted to pre%ent glare or formation of shadows which might cause
eyestrain.9sec. 1).
4 "rin$ing water Arrangements must be made to pro%ide a sufficient supply of
wholesome drinking water. All supply8 points of such water must be marked
"drinking water". 0o such points shall be within "K ft. <or ).A metres= of any
latrine, washing place etc. Factories employing more than "AK workers must cool
the water during the hot weather.94ec. 1. .
5 'atrines and 6rinals 2%ery factory must pro%ide8 sufficient number of
latrines and urinals. There must be separate pro%ision for male and female
workers. -atrine and urinals must be kept in a clean and sanitary condition. In
factories. employing more than "AK workers, they shall be of prescribed
sanitary types.99sec. 1!.
PRO&ISIO)S RE*AR"I)* T,E SAFET! OF #OR-ERS
4ections "1 to $KA, $K( and $1 of the Act lay down rules for the purpose of
securing the safety of workers. 4ummary of the pro%isions of the Factories Act
regarding the safety of the workers are stated below> <4ections "l to $1= .
1. Fencing ot machinery. All dan'erous mac!inery must be securely
fenced e.'., mo%ing .parts9 of prime mo%ers and flywheels connected to e%ery
prime mo%er. electric generators. etc.94ec. "l.
7 Work on or near machinery in motion. Fork on or near machinery in
motion must be carried out only by specially trained adult male or"ers wearing
tightly fitting c1othes.94ec. "".
(. Employment of young persons on dangerous machines. 0o young
person shall work at any danger<=us machine8 unless he has been specially
instructed as to the dangers and the precautions to be obser%ed. has recei%ed
sufficient training about thM work. and is under the super%ision of some person
ha%ing thorough knowledge and e*perience of the machine.94ec. "#.
4. Striking gear and devices for cutting off power. In e%ery factory
suitable de%ices for cuttin' o$$ poer in emergencies from running machinery
shall be pro%ided and maintained in e%ery workroom.M. "$.
5. Self-acting machines. )ovin' parts of a self9acting machine must not
be allowed to come within $A cms. of any fi*ed structure which is not part of the
machine.94ec. "A.
. !asing of new machinery. In all machinery installed after the
commencement of the Act. certain parts must be sunk, encased or otherwise
e$$ectively 'uarded e.'.. set screw. bolt. toothed gearing etc. 9sec. "&.
3 Women and children near cotton "peners. Fomen and children must
not be allowed to work near cot*+n openers, e*cept In certain cases.94ec. ")
#. $oists% lifts% chains etc, Every !oist and li$t must be so constructed as to be
safe. There are detailed rules as to how such safety is to be secured. There are
similar pro%isions regarding lifting machines. chains, ropes and lifting tackle .4ec.
". "!.
&. .'evolving machinery. Fhere grinding is . carried on the ma*imum safe
working speed of e%ery re%ol%ing mac!inery connected therewith must be
notified. 4teps must be taken to see that the safe speed is not e*ceeded.94ec.
#K.
1(. )ressure plant. Fhere any operation is carried on at a pressure higher
than the atmosp!eric pressure, steps must be taken to ensure that the safe
working pressure is not e*ceedMc-9.sec. #1.
. 88 Floors% stairs and means of access. All floors, steps, stairs, passage and
gangways shall be of sound construction and properly maintained. 1andrails
shall be pro%ided where necessary. 4afe means of access shall be pro%ided to
the place where the worker will carry on any work.94ec. #".
1*. )its% sumps. openings in floors etc. ,its. sumps. openings in floors
etc. must be securely covered or fenced.94ec. ##.
%+. E,cessive weights. 0o worker shall be made to carry a load so
!eavy as to cause him injury.9ec. #$.
14. )rotection of eyes. 2ffecti%e screen or suitable goggles shall be
pro%ided to protect t!e eyes of the worker from fragments thrown off in course of
any manufacturing process and from e*cessi%e light if any.94ec. #A.
15. )recautions against dangerous fumes. 0o person shall be allowed to
enter any chamber. tank etc. where dan'erous $umes are likely to ,be present.
unless it is e+uipped with a manhole or other means of going out. In such space
no portable electric light of more than "$ ,%olts shall be used. /nly a lamp or light
of flame proof construction can be used in such space. For people entering such
space suitable breathing apparatus, re%i%ing apparatus etc. shall be pro%ided.
4uch places shall be cooled by %entilation before any person is allowed to enter.9
ecs. #& and (,-.
1. E,plosive or inflamma-le gas etc. where a manufacturing process
produces inflammable gas. dust. fume. etc. steps must be taken to enclose the
machine concerned, pre%ent the accumulation of substances and e*clude all
possible sources of i'nition. 2*tra precautionary measures are to be taken
where such substances are worked at greater than the atmospheric. pressure.9
4ec. #).
1.. )recaution in case of fire. Fire escapes shall be pro%ided. Findows
and doors shall be constructed to open outwards. The means of e*it in case of
the fire shall be clearly marked in red letters. Arrangements must be made to
gi%e warning in case or fire 9sec. #
1#. Specifications of defectives etc. and safety of -uildings and
machinery. If any building or machine is in a de$ective or dan'erous condition,
the inspector of factories can ask fer the holding of tests to determine how they
can be made safe. 1e can also direct the adoption of t!e measure necessary to
make them safe. In case of immediate danger, the use of the building or machine
can be prohibited.94ecs. #!. $K.
1&. /aintenance of 0uildings. If the Inspector of Factories thinks that any
building in a factory, or any. part of it. is in such a state of disrepair that it is likely
to affect the health and welfare of the workers. he may ser%e on the occupier or
manager or both in writing specifying the measures to be done before the
specified date. 4ec. $/A.
*(. Safety "fficers. The 4tate 'o%ernment may notify to the occupier to
employ a number of 4afety /fficers in a factory (i) wherein one thousand or more
workers are ordinarily employed. or (ii) wherein any manufacturing process or
operation which in%ol%es the risk of bodily injury, poisoning. disease or any other
haNard to health of the persons employed in the factory .94ec. $K(.
"1. 'ules. The 4tate 'o%ernment may make rules pro%iding for the use of
such further de%ices for safety as may be necessary. 4ec. $1.
PRO&ISIO)S RE*AR"I)* T,E #E'FARE OF #OR-ERS
4ummary of the pro%isions of the Factories Act regarding the welfare of
workers are stated below >
1.. Washing. In e%ery factory ade+uate and suitable facilities for washing
shall be pro%ided and maintained. They shatI be con%eniently accessible and
shall be kept clean. There must be separate pro%isions for male and female
workers.94ec. $".
*. Storing and drying. The 4tate 'o%ernment may make rules re+uiring
the pro%ision of suitable facilities for storin' and dryin' clot!in'.-Sec. .(.
+. Sitting. Sittin' $acilities must be pro%ided for workers who ha%e to work in
a standing position. so that they may take rest when possible. Fhen work can be
done in a sitting position efficiently the .hief Inspector may direct the pro%ision
of sitting arrangements. 4ec. $$.
4. First aid. 2%ery factory must pro%ide $irst aid boxes or cupboard. They
must contain the prescribed materials and they must be in charge of persons
trained in first aid treatment. Factories employing more than AKK persons must
maintain an ambulance roam containing the prescribed e+uipment and in
charge of the prescribed medical and nursing staff94ec. $A.
5. !anteens. Fhere more than "AK workers are employed. the state
'o%ernment may re+uire the opening of canteen or canteens for workers. ;ules
may be framed regarding the food ser%ed. its management etc.,..94ec. $&.
. Shelters. In e%ery factory where more than 1AK workers are employed
there must be pro%ided ade+uate and suitable s!elters or rest. rooms and a
lunc! room <with drinking water supply= where workers may eat meals brought
by them. 4uch rooms must be sufficiently lighted and %entilated and must be
maintained in a cool and clean conditionM. The standards may be fi*ed by the
4tate 'o%ernment. 94ec. $),
.. !reches. In e%ery factory where more than #K women a employed, a
room s!all be provided $or t!e use o$ t!e c!ildren <below & years= of such
women. The room shall be ade+uate siNe. well lighted and %entilated,
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 4tate 'o%ernment.4ec. $.
#. Welfare officers. /el$are o$$icers must be appointed in e%ery factory
where AKK or more workers are employed. The 4tate 'o%ernment may prescribe
the duties, +ualifications etc. of such officers. 4ec. $!.
&.. 'ules. The 4tate 'o%ernment may ma"e rules regarding the welfare of
workers.94ec. AK.
T12 F/;6I0' 1/7;4 /F A:7-T4
#ee$ly ,ours 0o adult worker shall .be re+uired or allowed . to9work in a
factory for more than forty9eight hours in any week. 4ec. A1.
"aily ,ours. 0o adult worker shall be re+uired or allowed to work in a
factory for more than nine hours in any working day. The daily ma*imum may be
e*ceeded with the pre%ious appro%al of the .hief Inspector, to facilitate change
of shifts.94ec. A$.
Intervals for Rest. The periods of work of adult workers in a factory each
day shall be so fi*ed that no period shall e*ceed fi%e hours arid that no worker
shall work for more than fi%e hours before he has had an inter%al for rest of at
least half an hour. The 4tate 'o%ernment or the .hief Inspector may, by order in
writing, and for reasons stated therein, increase the work period to si*.94ec. AA.
S%readover The periods of work of an adult worker in a factory shall be
arranged that inclusi%e of his inter%als for rest under section AA, they shall not
spread9o%er more than ten and half hours in any day. The .hief Inspector may
for specified reasons increase the spreado%er up to twel%e hours.94ec. A&.
R6'ES RE*AR"I)* EMP'O!ME)T OF A"6'TS
)ight Shifts. Fhere a worker in a factory works on a. shift which e*tends
beyond midnight, <a= his weekly holiday and compensatory holiday means a
period of holiday for "$ consecuti%e hours beginning when his shift ends, and
(b) the following day for him shall be deemed to be the period. of "$ hours
beginning when such shift ends and the hours he has worked after midnight
shall be counted in he pre%ious day.9sec. A)
Overla%%ing Shifts. Fork shall not be carried on in any factory by means
of a system of shifts so arranged. that more than one relay of workers is
engaged in work of the same kind at the same time. The 4tate 'o%ernment or
the .hief Inspector may grant e*emption from this rule.94ee. A.
"ou+le Em%loyment. 0o adult worker shall be re+uired or allowed to
work in any factory on any day on which he has already been working in any
other factory, sa%e In such circumstances as may be prescribed.94ec. &K.
)otice of Periods of #or$. There must be displayed in e%ery factory a
notice showing periods of work of adults, classification of workers in groups
according to nature of their work, shifts and relays etc. .hange made in the
system of work must be notified to the Inspector before change. The manager of
e%ery factory must maintain a ;egister of Adult Forkers showing the name of
each worker, the nature of his work, the group in which he is included, the relay
in which he is allotted etc. The hours of work of an adult worker9 must
correspond with the notice referred to abo%e and the ;egister.9 4ections &1, &",
&#.
0o adult worker shall be re+uired or allowed to work in any factory unless
his name and other particulars ha%e been entered8 in the register of adult
workers.94ec. &" <1A= added by the Factories <Amendment= Act, 1!)&.
E9em%tions. (y sections &$ and &A, the 4tate 'o%ernment has been
gi%en power to e*empt for limited periods certain factories from compliance
with some of the pro%isions relating to hours of work and employment.
4uch e*emptions are
necessary in special cases, for e*ample in the case of workers engaged in
ur'ent repairs or in preparatory and complementary or". In some industries
work if of an intermittent c!aracter and the enforcement of all the rules stated
abo%e will create hardship. The nature of the work in certain industries re+uires
e*ceptional treatment, e.'., or"ers. en'a'ed in en'ine rooms and boilers or in
the printin' o$ nespapers. The 4tate 'o%ernment may e*empt persons holding
positions of supervision and mana'ement or in con$idential positions in a factory
from the operation of the rules regarding working hours <e*cept the rule against
the employment of women at night=. .
!onfidential )osition. The 4tate 'o%ernment may empower the .hief
Inspector to declare a person other than any person defined by such rules, as a
person holding position of super%ision or management or employed in .a.
confidential position in a factory, if, 9the .hief Inspector is of opinion that he can
be employed.
If any such person does not get more than ;s. )AK p.m. as wages. he will be
entitled to e*tra wages for o%ertime work.94ec. &$<1=. addMd by The Factories
<Amendment= Act, 1!)&.
$ours and Spreadover. Any e*emption granted under 4ec. &A <"=
shall be subject to the following conditions, namely >
<i= the total -umber of hours of work in any day shall not e*ceed twel%e 3
(ii) the spread o%er. inclusi%e of inter%als for rest, shall not e*ceed thirteen hours
in any one day 3
(iii) the total number of hours of work in any week. including o%ertime, shall not
e*ceed si*ty 3
(iv) no worker shall be allowed to work o%ertime, for more than se%en days at a
stretch and the total number of hours of o%ertime work in any +uarter shall not
e*ceed se%enty fi%e94ec. &A<#=, Factories <Amendment= Act, 1!)&.
0uarter. This is a period of three consecuti%e months beginning on the 1st
5anuary, the 1st of April, the 1st of 5uly or the 1st of /ctober.94ec. &$.
RESTRICTIO)S O) T,E EMP'O!ME)T OF #OME)
(y section && the following restrictions ha%e been imposed to
women workers >
(a) /a,imum daily work is 5 hours: 0o e*emption from the pro%isions of
4ection A$ <which lays down that the ma*imum daily hours of work shall be
nine hours= can be granted in respect of any women.
(b) prohi-ition of night work: 0o women shall be re+uired or allowed to
work in any factory e*cept between the hours of & a.m. and ) p.m. The 4tate
'o%ernment may by notification in the official 'aNette %ary the limits for any
factory or group or class or description of factories. (ut such %ariation must not
authorise the employ 9ment of women between the hours 1K p.m. and A a.m. .
(c) !hange of shift only after holiday:There shall be no change of
shifts for women e*cept after a weekly holiday or any other holiday.
Exception: There is an e*ceptional case. The 4tate 'o%ernment may make
rules pro%iding for the e*emption from the aforeMaid restrictions <wholly or
partially or conditionally= of women working in fish9curing or fish9canning
factories. In factories, mentioned abo%e, the employment of women beyond the
hours specified is necessary to pre%ent damage to or deterioration in any raw
material. (ut such rules shall remain in force for not more than three years at a
time.
+t!er restrictions: There are other restrictions on the employ ment of
women workers >
1. /or" on or near mac!inery in motion. 0o woman or young person shall
be allowed to clean, lubricate or adjust any part of the machinery while the
prime mo%er or transmission machinery is in motion or to work between
mo%ing parts, or between fi*ed and mo%ing parts of any machinery which is in
motion.94ec. ""<"O. <4ee p. 1&.=
&. 1otton openers. 0o woman or child shall be employed in any part of a
factory for pressing cotton in which a cotton opener is at work. If the feed9end of
a cotton opener is in a room separated from the deli%ery9end by a partition
e*tending to the roof or to such height as the Inspector may in a particular case
specify in writing , women and children may be employed on the side of the
partition where the feed9end is situated.94ec. "). <4ee p. 1.=
(. Excessive ei'!ts. The 4tate 'o%ernment may make rules prescribing
the ma*imum weights .which may be lifted, carried. or mo%ed by adult men,
adult women, adolescents and children employed in factories or in any class or
description of factories or in carrying on any specified process.94ec. #$. <4ee p.
"1.=
.. 1rec!es. In e%ery factory wherein more than thirty women workers are
ordinarily employed there shall be pro%ided and main tained a suitable room or
rooms for the use of children under the age of si* years of such women.94ec. $.
<4ee p. #K.=
2. 3an'erous operations. The 4tate 'o%ernment is empowered to make special
rules for the purpose of controlling and regulating factories which carry on
operations e*posing women, young persons and other workers to a serious risk
of bodily injury, poisoning or disease.94ec. ) <b=. <4ee p. $#.=
2@,-/I@20T /F I/70' ,2;4/04
Em%loyment of ChiIdren . 0o child who has not completed his fourteenth
year shall be re+uired or allowed to work in any factory.99sec. &).
Certificate of Fitness and To$en. A child who has completed his fourteenth
year or an adolescent shall not be re+uired or allowed to work in any factory
unless (a) he has been granted a certificate of fitness. which is. in the custody
of the manager, and (b) such child or adolescent carries a token gi%ing a
reference to such certificate94ec. &.
The .ertificate of Fitness is a certificate granted to a child or adolescent by
a .ertifying 4urgeon after. e*amination> The certificate is. gi%en to a child if
the surgeon is satisfied that he has completed his fourteenth year and has
attained the prescribed physical standards. The certificate is granted to an
adolescent if the surgeon is satisfied that he has completed his fifteenth
year and is fit for a full day8s we in a factory. The certifying surgeon must
ha%e personal knowledge of the intended place of work and of the
manufacturing process in%ol%ed. The certificate is %alid only for a period of
1" months. It may be granted subject to conditions (e.'., that of periodical
re9e*amination=. The
certificate may be renewed and, if necessary, re%oked. Any fee pa> able for
the certificate must be paid by the occupier of the factory all must not be
reco%ered from the young person or his parents c guardian.94ec. &!.
An adolescent who has been granted a certificate of fitness ant who
carries a token is deemed to be an adult for the purposes of .hs. CI and CIII of
the Act. <.h. CI deals with the hours of work of an adult and .h. CIII deals with
"annual lea%e=. (ut no adolescent who has not attained the age of se%enteen
years shall be employed or permitted to work in any factory during night. "0ight"
means a period of at least 1" consecuti%e hours which shall include an inter%al
of at least se%en consecuti%e hours falling between 1K p.m. and ) a.m. An
adolescent who has not been granted a certificate of fitness, shall be deemed to
be a child Mor the purposes of the Act,94ec. )K.
#or$ing hours for Children. The law regarding working hours for
children are stated below.94ec. )1 >
1. 0o child shall be employed or. permitted to work in any factory9 8
(a) for more than four and a half hours in any day3
(b) during the night, .
Explanation: For the purpose of this sub9section "night" shall mean a period
of at least twel%e consecuti%e hours which shall include the inter%al between 1K
p.m. and & a.m.
". The period of work of all children employed in a factory shall be limited to two
shifts which shall not o%erlap or spread9o%er more than fi%e hours each, and
each child shall be. employed in only one of the relays which shall not, e*cept
with the pre%ious permission in writing of the .hief Inspector, be changed more
fre+uently than once in a period of thirty days.
#. The pro%isions of section A" shaIl apply also to child workers, and in respect
of any child. <4ec. A" relates to weekly holidays. 4ee ne*t 8 4ection=.
$. 0o child shall be re+uired or allowed to work in any factory on any day on
which he has already been working in another factory.
)otice and Register. A notice must be displayed showing clearly the
periods of work of children.9,94ec. )".
The manager of e%ery factory must maintain a ;egister of child workers
showing the name of. each child worker, the nature of his work. the group <if
any= in which he is included. the relay to which he is allotted and the number of
his certificate of fitness.94ec. )#.
0o child worker shall be re+uired or allowed to work in any factory unless
his name and other particulars ha%e been entered in the register of child
workers.94ec. )# <IA=. Factories <Amendment= Act, 1!)&.
The hours of work of a child must correspond with the 0otice and the
;egister.94ec. )$.
Medical E9amination. Fhere an Inspector is of opinion that a person
working as an adult is a young person, or that a young person is not fit to work,
he may direct the manager of the factory to. ha%e the person medically e*amined
by a certifying surgeon.994ec. )A.
Other rules regarding the em%loyment of young %ersons 0o young
person shall work at any dangerous machine unless he has been fully
instructed as to. the dangers arising in connection with the machine and the
precautions to be obser%ed, and <a= has recei%ed sufficient training in work at
the machine or <b= is under ade+uate super%ision by a person who has a
thorough knowledge and e*perience of the machine. The 4tate 'o%ernment is
to. prescribe what machines are dangerous far the purpose of this section.9
Aec. "#.
.ertain restrictions an adolescents and children are stated in 4ections
""<"=, "), #$ and8 ) <b=. <4ee pp. #$9A=.
The 4tate 'o%ernment may make rules regarding the farms of the
.ertificate of Fitness, the procedure relating to. their issue, and the physical
standards to. be attained by children and adolescents. 4ec. )&.
The pro%isions relating to. the employment of young persons shall be in addition
to and not in derogation of, the pro%isions of the .hildren Act of 1!#M., 1!&K and
1!).94ec. )).
.1I-:9-A(/7;
;ules regarding child9Iabour are contained in the Factories Act, @ines Act
etc. There are also. two. general Acts an the subject. The 1!ildren (Pled'in' o$
4abour) -ct (-ct 11 o$ 1!##= prohibits the making of agreements to. pledge the
labour of children and the employment of children whose labour has been
pledged. The 1!ildren -ct of 1!#, 1!&K and 1!) prohibit the employment of a
child who. has not completed his fifteenth year of age in any occupation
connected with the transport of passengers, goods or mails by railway or con
9nected with a part authority Fithin the limits of any part. The Act also prohibits
the employment of a child, who. has not completed his fourteenth year of age, in
the processes set forth in the schedule to the Act. .hildren between 1A and 1)
can be employed subject to certain restrictions as regards their periods of rest
etc
1/-I:AI4 A0: -2AC2
The Factories Act pro%ides for the following holidays, viz.,/ee"ly
holidays, .ompensatory holidays and Annual lea%e with wages according
to certain rules. The pro%isions are e*plained below.
#ee$ly ,olidays 4ection A" pro%ides that an adult workers shall ha%e a
holiday on the first day of the week. (ut the manager of the factory may fi*
the holiday on any other day which is with three days before or after the first
day of the week in case of such substitution, notice must be gi%en to the
Inspector of Factories an displayed in the factory. 0o substitution can be
made which will result in any worker working for more than ten days
consecuti%ely without a holiday for a whole day. The 4tate 'o%ernment may
make rules pro%iding for e*emption from the abo%e section in certain cases,
e.'., for urgent repairs.
5!e /ee"ly Holidays -ct (-ct 67888 of 1!$"= pro%ides for the grant of
weekly holidays to persons employed in shops, restaurants and theatres. The
Act ,can be applied to a 4tate by notification of the 4tate 'o%ernment.
Com%ensatory ,olidays. Fhere as a result of the e*emption of factory from
the operation of the role regarding weekly holidays, a worker is depri%ed from
any weekly holiday he shall be allowed within the month in which the holidays
were due, or within two months immediately following that month, compensatory
holidays of e+ual number to the holidays lost.994ec. A#.
Annual 'eave with #ages. 4ections ) to $ pro%ide for the grant of a
certain period of lea%e with wages to workmen.
2%ery worker who has worked for a period of "$K days or more in a
factory during a calendar year shall be allowed during the subse+uent
calendar year, lea%e with wages for a number of days calculated at the rate of
<i= if an adult, one day for e%ery twenty days of work performed by
him during the pre%ious calendar year3
<ii= if a child, one day for e%ery fifteen days of work performed by him
during the pre%ious calendar year.
Rules Rules regarding the Annual 'eave are summarised +elow :
1. Fhen counting the number of days of work performed by a worker, the
following are to be included> (a) days of lay9oft, (b) maternity lea%e to a female
worker, not e*ceeding twel%e weeks, and (c) the lea%e earned in the pre%ious
year. (ut the worker shall not earn lea%e for. these days.
". The lea%e admissible under the aforesaid rule shall be e*clusi%e of all
holidays whether occurring during or at either end of the period of lea%e.
#. A worker whose ser%ice commences otherwise than on the first day of 5anuary
shall be entitled to lea%e ,with wages at the rate laid down abo%e if he has
worked for two9thirds of the total number of days in the remainder Pf the calendar
year.
$, If a worker is discharged or dismissed from ser%ice of +uits his employment
or is superannuated or dies while in ser%ice, during the course of the calendar
year, he or his heir or nominee, as the case may be, shall be entitled, to wages
in lieu of the +uantum of lea%e to which he was entitled Immediately before his
discharge, dismissal,+uitting of employment, ,superannuation or death
calculated at therates specified in sub9section <1=e%en If he had not. worked for
the entire period specified In sub9section <5= or sub9section <"= making him
eligible to a%ail of such lea%e. 4uch payment shall be made
(i) where the worker is discharged or dismissed or +uits
employment9before the e*piry of the second working day from the date
of such discharge, dismissMl or +uitting3 and
(ii) where the worker is superannuated or dies while in ser%ice 9before
the e*piry of two months from the date of such superannuation or
death. <Amended by the Act of 1!)&=.
A, In calculating the lea%e period, fraction of lea%e for half a day or more shall be
treated as one day and fractions of less amount shall be omitted.
&. -ea%e earned, but not taken, can be carried forward to a succeeding year
subject to a limit of thirty days in the case of an adult and forty days in the case of
a child. (ut earned lea%e not allowed because of any. scheme for lea%e in
operation, can be carried forward without limit.
). Application for lea%e must be submitted to the manager not less than 1A days
before the date of commencement of lea%e. In the case of public utility ser%ice it
must be made not less than #K days before such date. If a worker becomes ill
and wants to a%ail himself of the annual lea%e during the period of illness, he
shall be granted lea%e e%en though the application is not made before the
period specified abo%e.
. The application for lea%e may be for the whole of the lea%e due or part of it.
(ut earned lea%e cannot be taken more than three times during the same
year. .
!. For the purpose of ensuring the continuity of work, the occupier or manager
of the factory may draw up a 4cheme for regulating the grant of lea%e. The
4cheme must be agreed to by the 8Forks .ommittee, if any, or the
representati%es &f workers. It must be lodged with the .hief Inspector and
displayed in the factory. .
1K. An application for lea%e submitted in proper time shall not
(e refused unless the refusal is in accordance with any lea%e scheme in
operation.
11. The un a%ailed lea%e of a worker shall not be taken into consideration in
computing the period of any notice re+uired to be gi%en before discharge or
dismissal
1". The 4tate 'o%ernment may e*empt a factory from the operation of the
abo%e rules if it is satisfied that its own lea%e rules pro%ide benefits <the totality
9 of benefits= which are not less fa%ourable to the workers than the statutory
lea%e rules.
1#. Fhere by %irtue of any award, agreement <including settlement= or
contract of ser%ice the worker is entitled to a longer period of lea%e than that
pro%ided by the aforesaid rules, he will be entitled such longer lea%e.
1$. The rules contained in these sections do not apply to railway Factory
administered by the 'o%ernment which are go%erned by lea%e rules appro%ed
by the .entral 'o%ernment.
1A. If an award, agreement <including settlement= or contract of 4er%ice pro%ides
for a longer annual lea%e with wages than pro%ided in this chapter, the +uantum
of lea%e, which the worker shall be entitled to, shall be in accordance with such
award, agreement or contract of ser%ice, but in relation to matters not pro%ided
for in such .award, agreement or contract of ser%ice or matters which are
pro%ided for less fa%ourably therein, the pro%isions of sections )! to ", so far ,
as may be, shall apply. <Added by the Amendment of 1!)&=.t
#ages during 'eave Period For the period of lea%e allowed to a worker
according to rules, he shall be paid at a rate e+ual to the daily a%erage of his
total full9time earnings for the days on which he actually worked during the
month immediately preceding his lea%eMThe a%erage rate is to be calculated,
e*clusi%e of any o%ertime and bonus, but inclusi%e of dearness allowance and
the cash e+ui%alent of the ad%antage accruing through the concessional sale
to the worker of food9grains and other articles. The cash e+ui%alent, referred to
abo%e, is to be computed according to the method used when calculating the
e*tra wages payable 9for o%ertime work. <4ee. post)-Sec. 9:.
lf the employment of a worker who is entitled to lea%e is terminated by the
occupier of the factory before he has taken the entire lea%e to which he is
entitled, he must be paid wages for the lea%e period not taken and such wages
must be paid before the e*piry of the second working day after such
termination. 4imilarly, if the worker +uits his ser%ice after ha%ing applied for
and obtained lea%e, he must be paid wages <or the lea%e period and such
wages must be paid on or before the ne*t pay day. 8Lbe amount of wages
payable is to be calculated according to the pro%isions of 4ection K.94ec.
)!<11= .
A worker who has been. allowed lea%e for not less than four days in the
case of an adult and fi%e days in the case of a child, shall before his lea%e
begins, be paid the wages due for the period of lea%e allowed.94ec. 1.
Fages 9for the lea%e period, if not paid by an employer, shall be reco%erable
as delayed wages under the pro%isions oo the ,ayment of Fages .Act, %;(,.-
Sec. ".
2BT;A FA'24 F/; /C2;TI@2
< 1 = Fhere a worker works in a factory for more than nine hours in any
day or for more than $ hours in any week, he shall in respect of o%ertime work,
be entitled to wages at the rate of twice his ordinary rate of wages.94ec A!<1=
<"= For the purpose of sub9section <1=, "ordinary rate of wages means the
basic wages plus such allowances, including the cash e+ui%alent of the
ad%antage accruing through the concessional sale to workers of foodgrains and
other articles, as the worker is for the time being entitled to, but does not include
a bonus and wages for o%ertime work.94ec. A!<"=.
<#= Fhere any workers in factory are paid on a piece rate basis, the time
rate of their work will include the following rules>
<i= if the workers bad been paid on the same or identical job during a
month immediately preceding a month during which o%ertime work
was done, the time rate shall be deemed to be e+ui%alent to the
daily a%erage of their fulltime earnings for the days of the o%ertime
work. Also such time rates shall be deemed to be the ordinary rates
of wages of those workers.
<ii= In the case of a worker who had not worked in the immediately
preceding calendar month on the same or identical job, the time rate
shall be deemed to be e+ui%alent to the daily a%erage of the earning
of the worker for the days on which he actually worked in the week
in which the o%ertime work was done.
Explanation.-For the purposes of this sub9section in computing the earnings for
the days on which the workers actually worked, the allowance include the cash
e+ui%alent in order to buy food grains and other articles through concessional
sale as the worker is for the time being entitled to.
Exception.-<ut any bonus or wages for o%ertime work payable in relation
to the. period with reference. to which the earnings are being computed shall
not be included.94ec. A!<#=.
D.lauses <"= and <#= were substituted from the old Act by the Amendment of
1!)&E. 8.
<$ =The cash e+ui%alent of the ad%antage accruing through the concessional
sale to a worker of foodgrains and other articles shall be computed as often as
may be prescribed on the basis of the ma*i mum +uantity of foodgrains and
other articles admissible to a standard family.
Explanation %.9"4tandard family" means a family consisting of the worker, his
or her spouse and two children below the age of fourteen years re+uiring in all
three adult consumption units.
Explanation ".9 "Adult consumption unit" means the consumption unit of a
male abo%e the age of fourteen years3 and the consumption unit of a female
abo%e the age of fourteen years and that or a child below the age of fourteen
years shall be calculated at the rates of K. and K.& respecti%ely of one adult
consumption unit. 4ec. A!<$=.
<A= The 4tate 'o%ernment may make rules prescribing
(a) the manner in which the cash e+ui%alent of the ad%antage
accruing through the concessional sale to a worker of food grains
and other articles shall be computed3 and
(b) the registerM that shall be maintained in a factory for the purpose of
securing compliance with the pro%isions of this section.94ec. A!<A=.
FA'24 A0: 4A-A;I
(oth these terms are used to denote payment made for ser%ice. In 4troud8s
ludicial 3ictionary, the following comments are made3 "Fhere the engagement is
for a period, is permanent or substantially permanent in character, and is for
other than. manual or relati%e unskilled labour, the remuneration is generally
called a salary." "... in general, the. word 8salary8 8is used for payment of ser%ices
of a higher class,and 8wages8 is confined to the earnings of labourers and
artisans.
The 1igh .ourt of @adras was of opinion that if the remuneration is to be paid
daily or weekly it can be called Fages3 but where there is monthly payment and
is fairly high, considering the general standard of payment, it is to be called
4alary. According to the ,ayment of Fages Act any amount o%er ;s. "KK <now
;s. 1KKK= may be considered as 4alary for the purposes of Factories Act. =e
>emini Studio.% <4ee ch. )=.
".onceptually there is no difference between salary 9and wages both being
a recompense for work done or ser%ices rendered, though ordinarily the former
e*pression is used in connection with ser%ices of non9manual type while the
latter is used in connection with manual ser%ices." >estetner 3uplicators Pvt
4td. %. 5!e 1ommissioner o$ 8ncome 5ax / < . In this judgment the following
cases were cited and appro%ed, )o!medd8li %. ?nion o$ 8ndia@ >ordon %.
Aennin's.
In the cases mentioned abo%e, and .also in 4troud8s dictionary, iwas held
that there is no basic difference between salary and wages.
/(-I'ATI/04 /F F/;62;4
4ection 111 lays down that no worker in a factory
(a) shall wilfully interfere with or misuse any appliance, con%enience
or other things pro%ided in a factory for the purpose of securing the
health, safety or welfare of the workers therein,
(b) shall wilfully and without reasonable cause do anything likely to
endanger himself or others3 and
(c) shall wilfully neglect to make use of any appliance or other thing
pro%ided in the factory for the purposes of securing the health or .
safety of the workers therein.
If any worker contra%enes any of the pre%isions of this section or of any rule
or order made there under he shall be punishable with imprisonment which may
e*tend to # mcnths or with fine which may e*tend to ;s. 1KK or 8with both.
/T12; ,;/CI4I/04 /F T12 FA.T/;I24 -15
A brief summary is gi%en below of the other pro%isions of the
Factories Act.
"e%artments as Factories. The 4tate 'o%ernment may, upon application,
declare that for the purposes of the Act, different departments or branches of a
factory shall be treated as separate factories or that two or more factories of the
occupier shall be treated as the same factory.994ec. $. .
E9em%tion during Pu+lic Emergency. Factories or any class of factories
may be e*empted from the operation of any of the pro%isions of the Act during a
public emergency <e*cept that of 4ec. &), employment of children= for such
periods and subject to such conditions as the 'o%ernment may think fit. The
e*emption is to. be made by notification in the official 'aNette for a period not
e*ceeding three months at a time.94ec. A.
Explanation.-For the purposes of this section M8public emergency8" means a
gra%e emergency whereby the security of India or of any part
of the territory thereof is threatened, whether by war or e*ternal aggression
or internal disturbance.9Amendment of 1!)&.
E9em%tion of Pu+lic Institutions The 4tate 'o%ernment may e*empt subject
to such conditions as it may consider necessary, any workshop or workplace
where a manufacturing process is carried on and which. is attached to a public
institution maintained for the purposes of education, training, research or
reformation from all or any of the pro%isions of the Act.. (ut no e*emption is to
be granted from the pro%isions relating to hours of work and holidays unless
there is a scheme relating to such matters containing rules not less fa%ourable
to the workers than the pro%isions of the Act.94ec. &.
"angerous O%erations. The 4tate 'o%ernment is empowered to make special
rules for the purpose of controlling and regulating factories which carry on
manufacturing process or operation e*posing workers to a serious risk of bodily
injury, poisoning or disease. 4ec. ). ;ules ha%e be,en made pro%iding for
medical e*amination, protection of workers3 restricting8 and controlling the use
of particular materials and processes 3 payment of fees for medical e*amination
by the occupier 3 welfare amenities 3 sanitary amenities 3 measures to a%oid
imminent danger of poisons or to*icity.
)otifia+le Accidents. <1= The manager of a factory must send a notice to
the authorities whene%er an accident occurs which causes death or which
causes bodily injury pre%enting the worker from working for a ,eriod of $ or
more hours or other types of injury which may be specified by rules.
<"= Fhere a notice gi%en under sub9section <1= relates to an accident
causing death, the authority to whom the notice is sent shall make an in+uiry
into the occurrence within one month of the receipt
of the notice or, if such authority is not the Inspector, cause the
Inspector to make an in+uiry within the said period. .
<#= The 4tate 'o%ernment may make rules for regulating the procedure at
in+uiries under this section.994ec. .
D,aras " and # had been added by the Amendment of 1!)&E.
)otice of certain dangerous occurrences. Fhere in a factory any dangerous
occurrence of such nature as may be prQscribed occurs, whether causing any
9bodily injury or disability or not, the manager of the factory shall send notice
thereof to such authorities, and in such form and within such time, as may be
prescribed.994ec. A, Factories <Amendment= Act, 1!)&.
)otifia+le "iseases The manager of a factory must send notice to the
authorities ? whene%er a worker contacts any 9of the diseases mentioned in the
4chedule to the Act. <These are known as /ccupational :iseases. Examples:
poisoning by lead, mercury, phosphorus etc.3 anthra*3 silicosis3 cancer of the
skin3 to*ic anaemia or jaundice3 etc.=. The medical practitioner attending the
person, if any, shall without delay send a report to the .hief Inspector in writing,
stating "the name of the person affected and other particulars.994ec. !.
En;uiry into Accidents and "iseases. The 4tate 'o%ernment may appoint a
competent person to en+uire into the causes of any 8accident occurring in a
factory or of a notifiable disease, and may also appoint one or more persons
possessing legal or special knowledge to. act as assessors in such en+uiry. The
person appointed to en+uire can call witnesses like a .i%il .ourt and e*ercise
any of the powers of an Inspector. 1e must submit a report to the 4tate
'o%ernment, together with his obser%ations. The report or e*tracts therefrom
may be published.94ec. !K.
Safety and Occu%ational ,ealth Survey. The 4tate 'o%ernment or the :irector
'eneral of Factory Ad%ice 4er%ice and -abour Institutes etc., can employ the
.hief Inspector and certain other persons to undertake safety and occupational
health sur%eys. The occupier and manager and all other persons shall afford all
facilities for such sur%ey, including e*amination, testing of plant and machinery,
collection of samples, other data, medical e*amination of persons calculation of
wages and e*tra wages for o%ertime work.94ec. !1A, added by The Factories
<Amendment= Act, 1!)&.
Penalties and Procedures. 4ections !" to 1.K& lay down the rules regarding
penalties for offences against the Act.
+ner: The owner of any premises, let out for use as different factories,
is responsible for the pro%ision and maintenance of common facilities and
84er%ices, e.'., approach roads, drainage, water supply, latrines etc.
+ccupier > In most cases the occupier of the factory is responsible for
offences committed against the Act. (ut the occupier is e*empted from
liability if he can show that he has used due diligence to enforce the
e*ecution of the Act and that some other person committed the offence
it!out his knowledge, consent or conni%ance.
,enalties> The penalties for some of the offences are mentioned below
/ffences Imprisonment Fine
/bstructing Inspector 7p to # months andRor 7p to ;s AKKR9
Frongfully disclosing result
of analysis of sample 99do
.ontra%ention of any duty
or liability by a worker nil ;s "KR9
7sing false certificate of
fitness 7p to 1 month. ;s AKR9
,ermitting double
em 9ployment of child nil 9do9
.ases not otherwise
pro%ided for .. 7p to # months " " ;s. "KKK
4econd offence for abo%e" & months . " " ;s. AKKK
Fhere contra%ention of any of the pro%isions of .hapter IC or any rule made
thereunder or under 4ection ) has resulted in an accident causing death or
serious bodily injury, the fine shall not be less than one thousand rupees in the
case of an accident causing death, and fi%e hundred rupees in the case of an
accident causing serious bodily injury.
Explanation.-8n this section and in section !$ "4erious bodily injury" means an
injury which in%ol%es, or in all probability will in%ol%e, the permanent loss of the
use of, or permanent injury to, any limb or the permanent loss of, or injury to
sight or hearing, or the fracture of any bone, but shall not include, the fracture of
bone or joint <not being fracture of more than one bone or joint= of any
phalanges. of the hand or foot.94ec. !" added in the Amendment of 1!)&.
1o'nizance: 0o court can take cogniNance of an offence under the Act
e*cept on a complaint. by or with the pre%ious sanction of an Inspector in writing.
/nly a ,residency @agistrate or a @agistrate of the first class can try offences
under the Act. The. complaint must be filed within # months of the date when the
commission of the offence came to the knowledge of an Inspector. For
disobeying a written order of an Inspector, complaint may be filed within &
months of the date when the offence was committed.
Presumption: A person found in the factory when the factory . is going on or
the machinery is in motion, e*cept during the time of meal or rest, is presumed to
be employed in the factory until the contrary is pro%ed.
Fhen in the opinion of the8 .ourt a person is prima $acie underage, the
burden shall be on the accused to show that such person is not under9age.
A%%eals The manager or the occupier of a factory on whom an order in
writing has been ser%ed by an Inspector can appeal against it to the prescribed
8authority within thirty days.94ec. 1K).
)otice. In certain cases <prescribed by the rules= abstracts of the Act and
the rules are re+uired to be displayed in the factory. All notices under the Act
must be displayed in 2nglish and in a language understood by the majority of
the workers employed therein. They must be displayed in a conspicuous and
con%enient place at or near the main entrance of the factory and must be
maintained in a clean and legible condition. The .hief Inspector may re+uire
the display of posters relating to the health, safety and welfare of workers.
94ec. 1K.
Returns The owners, managers and occupiers of factories are re+uired
by rules to submit %arious returns and reports.94ec. 11K.
Power of the Central *overnment The .entral 'o%ernment may8 gi%e
directions to a 4tate 'o%ernment as to the carrying into e*ecution of the
pro%isions of the Act.94ec. 11#.
A+olition of Contract 'a+our. The pro%isions of this Act shall ha%e effect
notwithstanding anything inconsistent therewith contained in the .ontract -abour
<;egulation and Abolition= Act, 1!)K.4ec. 11!, added by the Factories
<Amendment= Act, 1!)&.
9999999