FACTORIES ACT 1948

The Factories Act, 1948 is a comprehensive piece of legislation covering all aspects
relating to factories including approval, licensing and registration of factories, the inspecting
authorities under the Act, health, safety, welfare, working hours, employment of adults and
young children, annual leave and penalties

In section 2 (m), a factory has been defined as any premises including the precincts
thereof- 
1. 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, 
2. or 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.

Under Section 85 of the act, the state government has been vested with the powers to
apply the act to certain premises wherein-
1. The number of persons employed therein is less than ten, if working with the aid
of power and less than twenty if working without the aid of power, or 
2. The persons working therein are not employed by the owner thereof but are
working with the permission of, or under agreement with, such owner.

The first and foremost Factories Act in India was passed in the year 1881. The Act
was principally designed for the protection of children and provides for some health
and safety measures. The Factories Act, 1881 was followed by new Factories Act
in 1891, 1911, 1922 and 1934. To implement the recommendations of the Royal
Commission on Labour in India and the Convention of the International Labour
organization, the Factories Act of 1934 was passed.

When the operation of this act was experienced, the effective administration was
hampered by numeral shortcomings and flaws which include inadequate and
unsatisfactory safety, health and welfare measures for the workers. Consequently, a
need was felt for a new and revised legislation regulating the factories in India. As a
result the factories Act, 1948 was passed which came into force w.e.f. 1 April 1949.
The Factories Act, 1948 is a piece of legislation covering all aspects regarding
factories namely: approval, licensing and registration of factories, the inspecting
authorities, health, safety, welfare, working conditions, working hours, employment
of workers- adults and young children, annual leave and penalties, etc.
Features of and Applicability of Factories Act
The Act extends to whole of India including the state of Jammu and Kashmir. It had
been extended to the Union Territories of Dadra and Nagar Haveli, Pondicherry,
Goa, Daman and Diu and it has also been extended to the State of Jammu and
Kashmir in the year 1970.
The provisions of this Act are applicable to all factories including factories belonging
to Central or any Government unless otherwise excluded.

Objectives of Factories Act

1. To consolidate and amend the law regulating the workers working in the
factories.
2. To protect workers employed in factories against industrial and occupational
hazards.
3. To secure for the workers employment conditions conducive to their health
and safety.
4. To 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, apart from other provisions

Five main objectives of the

Factories Act, 1948
The main objectives of the Indian Factories Act, 1948 are to regulate the working
conditions in factories, to regulate health, safety welfare, and annual leave and enact
special provision in respect of young persons, women and children who work in the
factories.

1. Working Hours:
According to the provision of working hours of adults, no adult worker shall be required
or allowed to work in a factory for more than 48 hours in a week. There should be a
weekly holiday.

Compensatory holidays should be given to employees who work on holidays, i.e.,

compensatory holidays of equal number to the holidays so lost should be given to the
workers.
No adult worker shall be required or allowed to work in a factory for more than nine
hours in any day. According to this Act, the working hours each day shall be so fixed
that no period shall exceed five hours.

He should be given half an hour rest after every five hours of work.

Extra wages for the overtime done by the worker should be paid. A worker who
completes work for a period of 240 days or more during a year will be granted annual
leave with wages.

A child worker should not be allowed to work for more than 41/2 hours a day. Women
and child workers should not be asked to work or allowed to work between 7 P.M. and 6
A.M. and in no case between 10 P.M. and 5 A.M.

The manager of every factory is required to maintain a separate register for child
workers (i.e., workers below the age of 18). No child below the age of 14 will be
employed.

2. Health:
For protecting the health of workers, the Act lays down that every factory shall be kept
clean and all necessary precautions shall be taken in this regard. The factories should
have proper drainage system, adequate lighting, ventilation, temperature etc.

Adequate arrangements for drinking water should be made. Sufficient latrine and urinals
should be provided at convenient places. These should be easily accessible to workers
and must be kept cleaned.

3. Safety:
In order to provide safety to the workers, the Act provides that the machinery should be
fenced, no young person shall work at any dangerous machine, in confined spaces,
there should be provision for manholes of adequate size so that in case of emergency
the workers can escape.

Wherever there are chances of fire, fire-fighting equipments should be available at

convenient places. Efforts should be made to give training to the workers to save
themselves in case of fire.
Such factories should have arrangements for conveying warning to the workers in the
event of fire or any other dangerous situations.

Under this Act, the State Government may appoint inspector for undertaking checking of
factories to ensure that safety measures are taken by them.

4. Welfare:
For the welfare of the workers, the Act provides that in every factory adequate and
suitable facilities for washing should be provided and maintained for the use of workers.

Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters,
rest rooms’ and lunch rooms, crèches, should be there.

5. Penalties:
If the provisions of The Factories Act, 1948, or any rules made under the Act, or any
order given in writing under the Act is violated, it is treated as an offence. The following
penalties can be imposed:

(a) Imprisonment for a term which may extend to three months;

(b) Fine which may extend to one lace rupees; or

(c) Both fine and imprisonment.

If a worker misuses an appliance related to welfare, safety and health of workers, or in

relation to discharge of his duties, he can be imposed a penalty of Rs. 500/-.

SALIENT FEATURES OF THE FACTORIES ACT, 1948

1. Health Section 11 to 20 deals with the health of workers in the work place
defining the various parameters in maintaining the cleanliness, disposal of effluent,
standard of lightening, noise levels, latrines, etc.,
2. Safety Section 21 to 41 deals with the safety provisions. Fencing of
machineries, restriction of women and children in certain type of process, testing of
pressure plants, hoists and lifts, lifting machineries, chains, ropes and lifting tackles
by competent persons, appointment of safety officers etc., are explained.
3. Welfare Section 42 to 50 specifies the necessity for welfare of workers such as
washing facilities, first aid appliances, rest room, crèches,canteen, appointment of
welfare officers, etc., 
4. Provision relating to Hazardous Process Section 41(A) to 41(H) deals various
special provisions for factories wherein hazardous process are carried on. Here
compulsory disclosure of information by the occupier to the workers as well as to
the public, permissible limit of exposure of chemicals and toxic substance, workers
participation in safety management etc, are prescribed.
5. Working Hours Section 51 to 66 handles the restriction of working hours such
as weekly hours, weekly holidays, compensatory holidays, night shifts, over time,
etc.,
6. Employment of Young Persons Section 67 to 77 explains the working conditions
of young persons, regarding the certificate of fitness reduced working hours etc. 
7. Annual Leave with wages Section 78 to 84 deals with the leave eligibility for a
worker.
 
8. Penalty and Procedure Section 92 to 106A deals with the penalty provisions.
For any contravention of the provisions of this act, or of any rules made there
under, the occupier and the manager of the factory shall each be guilty of an
offence and punishable with imprisonment for a term which may extend to 2 Years
of with fine which may extend to 1 lakh rupees or with both.

Responsibilities Under Factories Act, 1948

1. An occupier shall make an application to State Government to get permission to

declare different departments of a factory be treated as separate factories or two or
more factories as a single one.
2. Obtain permission in writing of State Government or the Chief Inspector for
construction or extension of any factory & submit plans & specifications.
3. Occupier shall send a written notice to the Chief Inspector at least 15 days
before he begins to use any premises as a factory containing name & address of
occupier & owner of premises, nature of manufacturing process, location of the
factory, total rated- horse power installed, manager name, number of workers
employed, communication address.
4. Occupier shall send a written notice specified in Section 7 (1) to the Chief
Inspector within 30 days in respect of establishment which come under the scope of
act for first time.
5. Occupier shall send a written notice specified in Section 7 (1) to the Chief
Inspector at least 30 days before the date of commencement of work in respect of
establishment which ordinarily carries work for less than 180 working days in the
year resumes working.
6. Occupier shall be exempted from any of the provisions of that sub- section on
his incapability of performing by the State Government by specifying alternative
methods to ensure cleanliness.
7. Occupier shall obtain approval from the authority prescribed by State
Government in respect of arrangements for treatment of wastes arising out of
manufacturing process in the factory.
8. An occupier shall be served with an order, where it seems to chief inspector that
high temperature in any factory can be reduced by suitable measures.
9. Occupier shall install exhaust appliance at the point of origin of dust, fume &
other impurity in the factory where its excessive inhalation & accumulation in any
workroom causes injury to workers.
10. Occupier or manager of both shall be required to furnish drawings,
specifications of building, ways, machinery or to carry out the test on the basis of
order served in writing by inspector in respect of any parts of building, machinery or
plant the condition of which is dangerous to human life.
11. An occupier shall employ such number of safety officers where one thousand or
more workers are employed or if in the opinion of the State Government it is
required to employ safety officer.
12. An occupier shall at the time of registration of factory involving a hazardous
process shall intimate the detailed policy with respect of the health & safety of
workers to the chief inspector & local authority.
13. An occupier shall obtain approval from chief inspector draw up a site
emergency plan & detailed disaster control measures for the factory.
14. Every occupier involved in any hazardous process shall maintain health records
of workers & appoint persons having necessary qualification & supervision in
handling hazardous substances.
15. An occupier involved in any hazardous process shall set up an safety
committee for maintaining proper safety & health of workers.
16. An occupier, agent, manager or the person in charge of the factory shall take
immediate action in respect of warning of likelihood of imminent danger received
from workers & sent a report of actions taken immediately to the inspector.
17. Every manager of a factory shall maintain a register of child workers showing
name of each child, nature of work, number of certificate of fitness, the relay to
which he is allotted & made it available to inspector.
18. An occupier or manager of the factory shall for ensuring the continuity of work
may file with the chief inspector a scheme in writing whereby the grant of leave
allowable under this section may be regulated.
19. The occupier or manager shall be punishable with imprisonment or with fine or
both on account of contravention of any of the provision of this act.