Unit 5 Labour Law

Labour Law - I
(Unit -5)
Minakshi Goswami, LL.M. (NLU, Assam, Gold Medalist); Pursuing Ph.D. (NLU, Assam) |Whatsapp +918486246493
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The Factories Act, 1948
Scope and Application
The Factories Act, 1948 was initially applicable to the whole of India, excluding the State of
Jammu and Kashmir. However, the scope and application of this legislation was widened by
the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970. Hence, at present,
the Factories Act is applicable in the whole of India including the Union Territories of Jammu
and Kashmir and Ladakh.
Adoption and Enforcement date
The Factories Act was adopted on 23rd September, 1948 and it came into force on the 1st day of
April 1949.
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Cases:
In J.K. Industries Limited Etc. v. the Chief Inspector of Factories (1996), the Supreme Court
held that the Factories Act, 1948 is a social welfare legislation enacted primarily with the
object of protecting workmen employed in factories against industrial and occupational
hazards. It seeks not only to ensure that workers would not be subjected to long hours of
strain but also that employees should work in safe, healthy and sanitary conditions and that
adequate precautions are taken for their welfare and safety. The stringent provisions relating
to the obligations of the occupiers or managers with a view to protect workers and to secure
to them employment in conditions conducive to their health and safety indicate the board
purpose of the Act. The Act and the Rules made thereunder impose numerous restrictions
upon the occupier or manager of the factory to ensure to workers adequate safeguards for
their health and physical well being and to secure to them safe and healthy conditions at the
place of work.
In Bhikusa Kshatriya vs. Union of India (1963), the Supreme Court held the Act is 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 owners or the occupiers
certain obligations to protect workers unwary as well as negligent and to secure for them
employment in conditions conducive to their health and safety. The Act requires that the
workers should work in healthy and sanitary conditions and for that purpose it provides that
precautions should be taken for the safety of workers and prevention of accidents.
Interpretation
(k) “manufacturing process” means any process for—
(i) 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
(ii) pumping oil, water, sewage or any other substance; or
(iii) generating, transforming or transmitting power; or
(iv) composing types for printing, printing by letter press, lithography, photogravure or other
similar process or book binding; or
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;
(vi) preserving or storing any article in cold storage;
Definition of Factory:
Secton 2(m) defines the term “factory” means any premises, including the precincts thereof, in any
part of which manufacturing process is carried on with or without the aid of power, provided that at
least 10 or 20 persons respectively are employed or were employed on any day of the preceding 12
months.
Meaning of occupier of factory
Section 2(n) defines the term “occupier of factory” means a person who has ultimate control over
affairs of factory. It includes a partner in case of a firm and director in case of a company, that if a
factory is run by a company, then only the director of the company can be treated as occupier. The
occupier shall ensure, as far as possible health, safety, and welfare of workers while they are working
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in a factory. The name of the occupier of the factory is required to be informed to the Chief Inspector
of Factories. The occupier will be held responsible if the provisions of the Factories Act, 1948 are not
complied with.
Definition of Worker
Section 2(l) defines “worker” means a person employed, directly or by or through any agency 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.
(cb) “hazardous process” means any process or activity in relation to an industry specified in the First
Schedule where, unless special care is taken, raw materials used therein or the intermediate or
finished products, bye-products, wastes or effluents thereof would—
(i) cause material impairment to the health of the persons engaged in or connected
therewith, or
(ii) (ii) result in the pollution or the general environment: Provided that the State
Government may, by notification in the Official Gazette, amend the First Schedule by way
of addition, omission or variation of any industry specified in the said Schedule;]
Definition of Manufacturing Process:
Section 2(k) defines “manufacturing process” means any process for-

i. 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
ii. pumping oil, water, sewage, or any other substance; or
iii. generating, transforming or transmitting power; or
iv. composing types for printing, printing by letter press, lithography, photogravure or other
similar process or book-binding; or
v. constructing, reconstructing, repairing, refitting, finishing or breaking up ships
or vessels; or
vi. preserving or storing any article in cold storage.
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Hazardous Process:
Section 2(cb) defines “hazardous process” means any process or activity in relation to an
industry specified in the First Schedule where, unless special care is taken, raw materials
used therein or the intermediate or finished products, bye-products, wastes or effluents
thereof would
(i) cause material impairment to the health of the persons engaged in or connected
therewith, or
(ii) result in the pollution of the general environment:
Health Measures and Safety Provisions in Factories Act, 1948

Introduction
Health is an important part of everyone’s life. Being healthy does not only mean being
‘disease free’. It includes physical, social, and mental health too. Maintaining sound health is
undoubtedly a concern for everyone but it is more necessary for those who are constantly
under threat of health hazards. These are the factory workers. They are constantly under the
danger of health risks. Hence, it becomes necessary to concentrate on the health of the
workers in the factories as well as people in society. In order to standardize the health
measures and safety provisions, the Factories Act, 1948 lays down certain ‘health measures’.
Health Measures and Safety Provisions as per Factories Act, 1948
● Section 11: Cleanliness in every factory
● Section 12: Disposal of effluents and wastes
● Section 13: Ventilation and Temperature
● Section 14: Dust and Fume
● Section 15: Artificial Humidification
● Section 16: Overcrowding
● Section 17: Lighting
● Section 18: Drinking Water

● Section 19 Latrines and urinals
● Section 20 Spittoons
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Section 11: Cleanliness in every factory
Every factory must be free and clean from effluvia which arises from the drain, privy or other
nuisance. There is also a need to remember certain things like-
● Passage, floor, staircases clean regularly and the benches of the workroom were also
made clean. All accumulation of dirt must be clean by sweeping or to adopt any
other method as well. All dirt must be disposed of in a prescribed manner.
● Once a week the floor must be cleaned by some disinfectant or use any other
effective method.
● The manufacturing process is like that which wet the floor then the drainage system
must be adopted to dry it or certain other methods were also used to clean it.
Section 12: Disposal of effluents and wastes
The factory must adopt proper methods to dispose of the waste or effluents so they do not
harm anyone. The state government also provides the method for disposing of waste or
effluents.
Section 13: Ventilation and Temperature
Every factory must make the necessary arrangements for:
● adequate ventilation by the circulation of fresh air.

● Temperature must also be properly maintained to ensure comfort of workers and
prevent injury to health
● If the work carried on in a factory is something that produces excessively high
temperature, such process (that is increasing the temperature) must be separated
from the workroom.
● The state government provides different temperatures for different industries. The
temperature must not increase to that level.
● If the chief inspector sees that temperature is high in any factory then the chief
inspector has the power to issue an order directing the occupier to maintain the
temperature and adopt certain measures for that.
Section 14: Dust and Fume
● If any manufacturing process leads to increase of dust, fumes and other pollutants
which are dangerous for the health of employees then the employer has to maintain
the balance prevent inhalation and accumulation of the same in any workroom.
● Proper exhaust appliances must be used by the factory otherwise it has an injurious
effect on workers. It also caused cancer and tuberculosis.
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Section 15: Artificial Humidification
In in any manufacturing process, humidity of the air is artificially increased, the state
government may make rules relating to –
(a) Standards of humidification.

(b) Permissible ways or methods to artificially increase humidity
(c) Directing prescribed tests for determining the humidity of air
(d) Prescribing methods to be adopted for securing adequate ventilation.
Section 16: Overcrowding
No workroom of the factory shall be overcrowded to an extent that it is injurious to the

health of workers. The Act also prescribes the measurements that factories need to follow in
order to prevent any overcrowding.
If the chief inspector prescribes the maximum number of workers who may work in each
workroom, the same needs to be followed.
Section 17: Lighting
In every part of a factory where workers are working of passing there shall be provided and
maintained sufficient and suitable lighting, natural or artificial, or both. The State Government may
prescribe standards of sufficient and suitable lighting for factories.
Section 18: Drinking Water
In every factory effective arrangement shall be made to provide and maintain at suitable points
conveniently situated for all workers employed therein a sufficient supply of wholesome drinking
water.
All such points shall be legibly marked “drinking water” in a language understood by a majority of the
workers employed in the factory, and no such point shall be situated within six metres of any
washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of
contamination unless a shorter distance is approved in writing by the Chief Inspector.
In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision
shall be made for cool drinking water during hot weather by effective means and for distribution
thereof.
Section 19 Latrines and urinals

(a) In every factory, sufficient latrine and urinal accommodation of prescribed types shall be provided
conveniently situated and accessible to workers at all times while they are at factory.
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(b) separate enclosed accommodation shall be provided for male and female workers;
(c) such accommodation shall be adequately lighted and ventilated.
(d) all such accommodation shall be maintained in a clean and sanitary condition at all times
(e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and
washing places.
The Factories Act also prescribes additional guidelines that need to be followed while providing
latrine and urinal accommodation.
Section 20 Spittoons
In order to ensure cleanliness inside factory premises, sufficient number of spittoons shall be
provided in convenient places and they shall be maintained in a clean and hygienic condition. The
State Government is authorised to make rules prescribing the type and the number of spittoons to
be provided and their location in any factory.
In order to ensure that no person spits within the premises of a factory except in the spittoons
provided for the purpose, a notice containing this provision and the penalty for its violation shall be
prominently displayed at suitable places in the premises. Any person violating the same shall be
punishable with fine not exceeding five rupees.
Special Provisions Relating to Hazardous Processes (Chapter IV A, Section

41A-41H)
The state government controls the factory policies under the factory act, 1948. The chief
inspector of the state government of India grants the permission for the initiation of any
type of factory. Also, there are different types of factories. So, the permission is granted on
the basis of work chosen by the factory occupier. Hence the higher authorities always
consider the initial location of the factory involving hazardous process. There are special
provisions relating to hazardous processes under the factory act, 1948. Although for the
expansion of any hazardous process factory the government appoints a site appraisal
committee.
● CHAPTER IVA- Provisions relating to Hazardous processes
(Section 41A- 41H)

Provisions relating to hazardous processes: - The Provisions relating to hazardous processes
are dealt under Chapter IV-A of the Factories Act, 1948. These provisions were initially not a
part of the Factories Act but added by Factories (Amendment) Act, 1987
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1. Section 41-A: Appointment of Committee
The state government shall appoint a Committee that will receive and advice on applications
for permission to start factory involving hazardous process. The Committee is to consist of –
a) Chief Inspector of the State as the Chairman;
b) A representative of the Central Board for the Prevention and Control of water pollution;
c) A representative of the Central Board for the Prevention and Control of air pollution;
d) A representative of the State Board appointed under Water (Prevention and Control of
Pollution) Act, 1974;
e) A representative of the State Board appointed under Air (Prevention and Control of
Pollution) Act, 1981; f) A representative of the department of environment in the state;
g) A representative of the Meterological department of the Government of India;
h) An expert in the field of occupational health;
i) A representative of the town Planning Department of the State Government, and not more
than five other members who may be co-opted by the State government who shall be
i. A scientist having specialized knowledge of the hazardous process which will be
involved in the factory’
ii. A representative of the local authority within whose jurisdiction the factory is to
be established and
iii. Not more than three other persons as deemed fit by the State Government.
2. Section 41-B: Disclosure of information
The occupier of every factory involving hazardous process are bound to disclose to the chief
Inspector, local authorities and local public all information regarding dangers, health
hazards, quantity and characteristics of wastes and disposal modality the measures to
overcome such hazards in the manufacturing, transportation and storage process.
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3. Section 41-C: Specific responsibility of the occupier in relation to hazardous processes:
Every occupier of a factory involving any hazardous process shall-
a) Maintain accurate and up-to-date health records, or as the case may be, medical records,
of the workers in the factory who are exposed to any chemical, toxics or any other harmful
substances which are manufactured, stored, handled or transported or such records shall be
accessible to the workers subject to conditions as may be prescribed.
b) Appoint persons who possess qualifications and experience in handling hazardous
substances and are competent to supervise such handling within the factory and to provide
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at the workplace all the necessary facilities for protecting the workers in the manner
prescribed.
c) Provide for medical examination of every worker
i)Before such worker is assigned to a job involving the handling of, or working with, a
hazardous substance, and
ii) While continuing in such job, and after he has ceased to work in such job, at
intervals not exceeding twelve months, in such manner as may prescribed.
4. Section 41-D: Appointment of Inquiry Committee by Central Government
It empowers the central Government to appoint Inquiry Committee in the event of the
occurrence of an extraordinary situation involving a factory engaged in hazardous process,
to inquire into the standards of health and safety observed in the factory in finding out the
causes of any failure or neglect in adopting such standards for the prevention of such
extraordinary situations. The Committee shall consist of a chairman and two members. The
recommendations of the Committee are advisory in nature.
5. Section 41-E: Emergency standards
Under this section, if the Central government is satisfied that no standards of safety or
inadequate standards are prescribed to hazardous process, it may through competent
expert bodies, lay down standards which shall be enforceable as if they have been
incorporated in the rules under the Act.
6. Section 41F: Permissible limits of exposure of chemical and toxic substances.
The maximum permissible threshold limits of exposure of chemical and toxic substances in
manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value
indicated in the Second Schedule.
The Central Government is also authorised to make suitable changes in the said Schedule (if and
when needed).
7. Section 41-G: Workers’ participation in safety management.
Section 41-G requires the occupier of the factory involving hazardous process, unless
exempted by the State Government, to set up Safety committee consisting of equal number
of representatives of workers and management to maintain proper safety and health at
work.
8. Section 41-H: Right of workers to warn about imminent danger.
If the workers employed in hazardous process have reasonable apprehension of the
likelihood of any imminent danger to their lives or health due to any accident, they may
bring it to the notice of the occupier, manager or any person in charge and to the Inspector
directly or through their safety committee representatives. On such notice, the occupier,
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agent or the in-charge shall, if satisfied, take remedial measures and send report of the
action taken to the nearest Inspector. If the occupier or agent is not satisfied of such
imminent danger, the mater shall be referred to the nearest Inspector whose decision shall
be final.
Factories Act, 1948

The Factories Act, 1948 (the Factories Act) lays down provisions for the health, safety,
welfare and service conditions of workmen working in factories. It contains provisions for
working hours of adults, employment of young persons, leaves, overtime, etc. It applies to
all factories employing more than 10 people and working with the aid of power, or
employing 20 people and working without the aid of power. It covers all workers employed
in the factory premises or precincts directly or through an agency including a contractor,
involved in any manufacture. Some provisions of the Act may vary according to the nature of
work of the establishment.
Some Major provisions of the Factories Act are explained below:
a) Section 11 of the Act provides that every factory shall be kept clean and free from
effluvia arising from any drain, privy or other nuisance. Section 13 of the Act focuses on
ventilation and temperature maintenance at workplace. Every factory should work on
proper arrangements for adequate ventilation and circulation of fresh air.
b) Section 18 of the Act specifies regarding arrangements for sufficient and pure drinking
water for the workers.
c) Section 19 further mentions that in every factory there should be sufficient

accommodation for urinals which should be provided at conveniently situated place. It
should be kept clean and maintained.
d) Section 21 of the Act provides from proper fencing of machinery. And that any moving
part of the machinery or machinery that is dangerous in kind should be properly fenced
e) Section 45 of the said Act specifies that every factory should have a properly maintained
and well equipped first aid box or cupboard with the prescribed contents. For every 150
workers employed at one time, there shall not be less than 1 first aid box in the factory. Also
in case where there are more than 500 workers there should be well maintained ambulance
room of prescribed size and containing proper facility.
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PROVISIONS REGARDING THE SAFETY OF WORKERS
Sections 21 to 41 of the Act lay down rules for the purpose of securing the safety of workers.
Summary of the provisions of the Factories Act regarding the safety of the workers are
stated below:
1. Fencing to machinery (Section 21)
All dangerous machinery must be securely fenced e.g., moving parts- of prime movers and
flywheels connected to every prime mover, electric generators etc.
2. Work on or near machinery in motion (Section 22)
Work on or near machinery in motion must be carried out only by specially trained adult
male workers wearing tightly fitting clothes.
3. Employment of young persons on dangerous machines (Section 23)
No young person shall work at any dangerous machine unless he has been specially
instructed as to the dangers and the precautions to be observed has received sufficient
training about the work and is under the supervision of some person having thorough
knowledge and experience of the machine.
4. Devices for cutting off power (Section 24)
In every factory suitable device for cutting off power in emergencies from running
machinery shall be provided and maintained in every workroom.
5. Self-acting machines (Section 25)
Moving parts of a self-acting machine must not be allowed to come within 45 cms. of any
fixed structure which is not part of the machine.
5. Casing of new machinery (Section 26)
In all machinery installed after the commencement of the Act certain parts must be sunk,
encased or otherwise effectively guarded e.g. set screw bolt toothed gearing etc.
6. Women and children near cotton Openers (Section 27)
Women and children must not be allowed to work near cotton openers, except in certain
cases.
7. Hoists, lifts, chains etc (Section 28, 29)
Every hoist and lift must be so constructed as to be safe. There are detailed rules as to how
such safety is to be secured. There are similar provisions regarding lifting machines. Chains,
ropes and lifting tackle.
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8. Revolving machinery (Section 30)
Where grinding is carried on, the maximum safe working speed of revolving machinery
connected therewith must be notified. Steps must be taken to see that the safe speed is not
exceeded.
9. Pressure plant (Section 31)
Where any operation is carried on at a pressure higher than the atmospheric pressure, steps
must be taken to ensure that the safe working pressure is not exceed.
10. Floors, stairs and means of access (Section 32)
All floors, steps, stairs, passage and gangways (a raised platform or walkway providing a
passage) shall be of sound construction and properly maintained. Handrails shall be
provided where necessary. Safe means of access shall be provided to the place where the
worker wills carry on any work.
11. Pits, sumps openings in floors etc (Section 33)
In every factory fixed vessel, sump (a pit or hollow in which liquid collects), tank, pit or opening
in the ground or in a floor which, by reasons of its depth, situation, construction or contents,
is or may be a source of danger, shall be either securely covered or securely fenced.
12. Excessive weights (Section 34)
No person shall be employed in any factory to lift, carry or move any load so heavy as to be
likely to cause him injury. The Government may make rules prescribing the maximum
weights which may be lifted, carried or moved 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.
13. Protection of eyes (Section 35)
In respect of any such manufacturing process carried on in any factory as may be prescribed,
being a process which involves-
(a) risk of injury to the eyes from particles or fragments thrown off in the course of the
process, or
(b) risk to the eyes by reason of exposure to excessive light,
the Government may by rules require that effective screens or suitable goggles shall be
provided for the protection of persons employed on, or in the immediate vicinity of the
process.
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14. Precautions against dangerous fumes (Section 36 and 36A)
No person shall be allowed to enter any chamber tank etc. where dangerous fumes are likely
to be present unless it is equipped with a manhole or other means of going out. In such
space no portable electric light of more than 24 volts shall be used. Only a lamp or light of
flame proof construction can be used in such space. For people entering such space suitable
breathing apparatus, reviving apparatus etc. shall be provided. Such places shall be cooled
by ventilation before any person is allowed to enter.
15. Explosive or inflammable gas etc (Section 37)
Where a manufacturing process produces inflammable gas, dust, fume etc. steps must be
taken to enclose the machine concerned, prevent the accumulation of substances and
exclude all possible sources of ignition. Extra precautionary measures are to be taken where
such substances are worked at greater than the atmospheric pressure.
16. Precaution in case of fire (Section 38)
Fire escapes shall be provided. Windows and doors shall be constructed to open outwards.
The means of exit in case of the fire shall be clearly marked in red letters. Arrangements
must be made to give warning in case or fire.
17. Specifications of defectives etc. and safety of buildings and machinery (Section 39 and
40)
If any building or machine is in a defective or dangerous condition, the inspector of factories
can ask for the holding of tests to determine how they can be made safe. He can also direct
the adoption of the measure necessary to make them safe. In case of immediate danger, the
use of the building or machine can be prohibited.
18. Maintenance of Buildings (Section 40A)
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 serve
on the occupier or manager or both in writing specifying the measures to be done before
the specified date.
19. Safety Officers: (Section 40B)
The State Government may notify to the occupier to employ a number of Safety Officers in a
factory
i. where in one thousand or more workers are ordinarily employed or
ii. where in any manufacturing process or operation which involves the risk of bodily injury,
poisoning disease or any other hazard to health of the persons employed in the factory.
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20. Power to make rules to supplement provisions relating to safety (Section 41)
The State Government may make rules requiring the provision in any factory or in any class or
description of factories for securing the safety of persons employed therein as it may deem
necessary.
PROVISIONS REGARDING THE WELFARE OF WORKERS

1. Washing facilities
In every factory adequate and suitable facilities for washing shall be provided and
maintained for the use of the workers therein; separate and adequately screened facilities
shall be provided for the use of male and female workers; such facilities shall be
conveniently accessible and shall be kept clean. The Government may, in respect of any
factory or class or description of factories or of any manufacturing process, prescribe
standards of adequate and suitable facilities for washing. (Sec 42)
2. Facilities for storing and drying of wet clothing
The State Government may in respect of any factory or class or description of factories,
make rules requiring the provision therein of suitable places for keeping clothing not worn
during working hours and for the drying of wet clothing. (sec 43)
3. Facilities for sitting
In every factory suitable arrangements for sitting shall be provided and maintained for all
workers obliged to work in a standing position, in order that they may take advantage of any
opportunities for rest which may occur in the course of their work. If, in the opinion of the
Chief Inspector, the workers in any factory engaged in a particular manufacturing process or
working in a particular room are able to do their work efficiently in a sitting position, he may,
by order in writing, require the occupier of the factory to provide before a specified date
such seating arrangements as may be practicable for all workers so engaged or working. (Sec
44)
4. First aid appliances
There shall in every factory be provided and maintained so as to be readily accessible during
all working hours first-aid boxes or cupboards equipped with the prescribed contents, and
the number of such boxes or cupboard to be provided and maintained shall not be less than
one for every one hundred and fifty workers ordinarily employed in the factory. (sec 45).
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5. Canteens
That in any specified factory wherein more than 250 workers are ordinarily employed, a
canteen or canteens shall be provided and maintained by the occupier for the use of the
workers. (Sec. 46)
6. Shelters
In every factory where more than 150 workers are employed there must be provided
adequate and suitable shelters or rest rooms and a lunch room (with drinking water supply)
where workers may eat meals brought by them. Such rooms must be sufficiently lighted and
ventilated and must be maintained in a cool and clean condition. The standards may be fixed
by the State Government. (Sec. 47)
7. Creches
In every factory where more than 30 women are employed, a room shall be provided for the
use of the children (below 6 years) of such women. The room shall be adequate size well
lighted and ventilated, 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
State Government. (Sec. 48)
Welfare officers
Welfare officers must be appointed in every factory where 500 or more workers are
employed. The State Government may prescribe the duties, qualifications etc. of such
officers. (Sec. 49)
WORKING HOURS OF ADULTS

Weekly hours Sec: 51
No adult worker shall be required or allowed to work in a factory for more than forty-eight
hours in any week.
Weekly holidays: Sec 52
No adult worker shall be required or allowed to work in a factory on the first day of the
week, (hereinafter referred to as the said day), unless he has or will have a holiday for a
whole day on one of the three days immediately before or after the said day.
No substitution shall be made which will result in any worker working for more than ten
days consecutively without a holiday for a whole day.
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Compensatory holidays: Sec 53
Where, as a result of the passing of an order or the making of a rule under the provisions of
this Act exempting a factory or the workers therein from the provisions of section 52, a
worker is deprived of any of the weekly holidays for which provision is made in sub-section
(1) of that section, he shall be allowed, within the month in which the holidays were due to
him or within the two months immediately following that month, compensatory holidays of
equal number to the holidays so lost. (2) The State Government may prescribe the manner
in which the holidays for which provision is made in sub-section (1) shall be allowed.
Daily hours
Subject to the provisions of section 51, no adult worker shall be required or allowed to work
in a factory for more than nine hours in any day: Provided that, subject to the previous
approval of the Chief Inspector, the daily maximum hours specified in this section may be
exceeded in order to facilitate the change of shifts.(sec 54)
Intervals for rest
The periods of work of adult workers in a factory each day shall be so fixed that no period
shall exceed five hours and that no worker shall work for more than five hours before he has
had an interval for rest of at half an hour(sec 55).
Spread over
The periods of work of an adult worker in a factory shall be arranged that inclusive of his
intervals for rest under section they shall not spread-over more than ten and half hours in
any day. The Chief Inspector may for specified reasons increase the spread over up to twelve
hours. (Sec. 56)
RULES REGARDING EMPLOYMENT OF ADULTS NIGHT SHIFTS
Where a worker in a factory works on a. shift which extends beyond midnight his weekly
holiday and compensatory holiday means a period of holiday for 24 consecutive hours
beginning when his shift ends, and the following day for him shall be deemed to be the
period. of 24 hours beginning
when such shift ends and the hours he has worked after midnight shall be counted in his
previous day.(sec. 57)
Overlapping Shifts
Work 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
State Government or the Chief Inspector may grant exemption from this rule. (See. 58).
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Double Employment
No adult worker shall be required or allowed to work in any factory on any day on which he
has already been working in any other factory, save in such circumstances as may be
prescribed.(Sec. 60)
Notice of Periods of Work
There must be displayed in every factory a notice showing periods of work of adults,
classification of workers in groups according to nature of their work, shifts and relays etc.
Change made in the system of work must be notified to the Inspector before change. The
manager of every factory must maintain a Register of Adult Workers 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 worker- must correspond with the notice
referred to above and the Register.- Sections 61, 62, 63.
No adult worker shall be required or allowed to work in any factory unless his name and
other particulars have been entered' in the register of adult workers.-Sec. 62(1A) added by
the Factories (Amendment) Act, 1976.
Exemptions
By sections 64 and 65, the State Government has been given power to exempt for limited
periods certain factories from compliance with some of the provisions relating to hours of
work and employment. Such exemptions are necessary in special cases, for example in the
case of workers engaged in urgent repairs or in preparatory and complementary work.
In some industries work if of an intermittent character and the enforcement of all the rules
stated above will create hardship. The nature of the work in certain industries requires
exceptional treatment, e.g., workers engaged in engine rooms and boilers or in the printing
of newspapers.
EMPLOYMENT OF YOUNG PERSONS

Prohibition of employment of young children (sec 67-68)
No child who has not completed his fourteenth year shall be required or allowed to work in
any factory. Non-adult workers to carry tokens. A child who has completed his fourteenth
year or an adolescent shall not be required or allowed to work in any factory unless-
(a) a certificate of fitness granted with reference to him under section 69 is in the custody of
the manager of the factory, and
(b) such child or adolescent carries while he is at work a token giving a reference to such
certificate.
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Certificates of fitness (sec 69)
A certifying surgeon shall, on the application of any young person or his parent or guardian
accompanied by a document signed by a manager of a factory that such person will be
employed therein if certified to be fit for work in a factory, or on the application of the
manager of the factory in which any young person wishes to work, examine such person and
ascertain his fitness for work in a factory.
The certifying surgeon, after examination, may grant to such young person, in the prescribed
form, or may renew a certificate of fitness to work in a factory as a child, if he is satisfied
that the young person has completed his fourteenth year, that he has attained the
prescribed physical standards and that he is fit for such work; a certificate of fitness to work
in a factory as an adult, if he is satisfied that the young person has completed his fifteenth
year, and is fit for full day's work in a factory:
Provided that unless the certifying surgeon has personal knowledge of the place where the
young person proposes to work and of the manufacturing process in which he will be
employed, he shall not grant or renew a certificate under this sub-section until he has
examined such place.
A certificate of fitness granted or renewed shall be valid only for a period of twelve months
from the date thereof; may be made subject to conditions in regard to the nature of the
work in which the young person may be employed, or requiring re-examination of the young
person before the expiry of the period of twelve months.
A certifying surgeon shall revoke any certificate granted or renewed under sub- section if in
his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.
Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind
requested or revokes a certificate, he shall, if so requested by any person who could have
applied for the certificate, or the renewal thereof, state his reasons in writing for so doing.
Where a certificate under this section, with reference to any young person is granted or
renewed subject to such conditions. The young person shall not be required or allowed to
work in any factory except in accordance with those conditions. Any fee payable for a
certificate under this section shall be paid by the occupier and shall not be recoverable from
the young person, his parents or guardian.
Effect of certificate of fitness granted to adolescent (sec 70)
An adolescent who has been granted a certificate of fitness to work in a factory as an adult
who while at work in a factory carries a token giving reference to the certificate, shall be
deemed to be an adult for all the purposes.
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No female adolescent or male adolescent who has attained the age of seventeen years but
who has been granted a certificate of fitness to work in a factory as an adult, shall be
required or allowed to work in any factory except between 6 a.m. and 7 p.m.
Provided that the State Government may, by notification in the Official Gazette, in respect of
any factory or group or class or description of factories,-
i. vary the limits laid down in this sub-section so, however, that no such section shall
authorise the employment of any female adolescent between 10 p.m. and 5 a.m.;
ii. grant exemption from the provisions of this sub- section in case of serious emergency
where national interest is involved.
iii. An adolescent who has not been granted a certificate of fitness to work in a factory as an
adult under the aforesaid clause shall, notwithstanding his age, be deemed to be a child for
all the purposes of this Act.
Working hours for children: Sec 71
No child shall be employed or permitted to work,
i. in any factory for more than four and a half hours in any day; during of at least twelve
consecutive hours which shall include the interval between 10 p.m. and 6 a.m.
ii. The period of work of all children employed in a factory shall be limited to two shifts
which shall not overlap or spread over more than five hours each; and
iii. each child shall be employed in only one of the relays which shall not except with the
previous permission in writing of the Chief Inspector, be changed more frequently than once
in a period of thirty days.
iv. The provisions of section 52 shall apply also to child workers, and no exemption from the
provisions of that section may be granted in respect of any child.
v. No child shall be required or allowed to work in any factory on any day on which he has
already been working in another factory.
vi. No female child shall be required or allowed to work in any factory except between 8 a.m.
and 7 p.m.
Notice of periods of work for children: Sec 72
There shall be displayed and correctly maintained in every factory in which children are
employed in accordance with the provisions of sub- section (2) of section 108 a notice of
periods of work for children, showing clearly for every day the periods during which children
may be required or allowed to work.
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The periods shown in the notice required by sub-section it shall be fixed beforehand in
accordance with the methods laid down for adult workers in section 61, and shall be such
that children working for those periods would not be in contravention of the provisions. The
provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice
required by sub-section (1) of this section.
Register of child workers: Sec 73
The manager of every factory in which children are employed shall maintain a register of
child workers, to be available to the Inspector at all times during working hours or when any
work is being carried on in a factory showing
a) the name of each child worker in the factory,
b) the nature of his work,
c) the group, if any, in which he is included,
d) where his group works on shifts, the relay to which he is allotted, and
e) the number of his certificate of fitness granted under section 69.
No child worker shall be required or allowed to work in any factory unless his name and
other particulars have been entered in the register of child workers. No child shall be
employed in any factory otherwise than in accordance with the notice of periods of work of
children displayed in the factory and the entries made before hand against his name in the
register of child workers of the factory. (sec 74).
Power to require medical examination: Sec 75
Where an Inspector is of the opinion that any person working in a factory without a
certificate of fitness is a young person, or that a young person working in a factory with a
certificate of fitness is no longer fit to work in the capacity stated therein, he may serve on
the manager of the factory a notice requiring that such person or young person, as the case
may be, shall be, examined by a certifying surgeon, and such person or young person shall
not, if the Inspector so directs, be employed, or permitted to work, in any factory until he
has been so examined and has been granted a certificate of fitness or a fresh certificate of
fitness, as the case may be, under section 69, or has been certified by the certifying surgeon
examining him not to be a young person.
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Unit 5 Labour Law

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Unit 5 Labour Law

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Labour Law - I

Section 2(k) defines “manufacturing process” means any process for-

cleaning, breaking up, demolishing or otherwise treating or adapting any

Health Measures and Safety Provisions in Factories Act, 1948

Health Measures and Safety Provisions as per Factories Act, 1948

● Section 11: Cleanliness in every factory

● Section 12: Disposal of effluents and wastes

● Section 13: Ventilation and Temperature

● Section 14: Dust and Fume

● Section 15: Artificial Humidification

● Section 16: Overcrowding

● Section 17: Lighting

● Section 18: Drinking Water

Section 12: Disposal of effluents and wastes

Section 13: Ventilation and Temperature

Every factory must make the necessary arrangements for:

● adequate ventilation by the circulation of fresh air.

Section 14: Dust and Fume

(a) Standards of humidification.

Section 16: Overcrowding

No workroom of the factory shall be overcrowded to an extent that it is injurious to the

Section 17: Lighting

Section 18: Drinking Water

Section 19 Latrines and urinals

(c) such accommodation shall be adequately lighted and ventilated.

Special Provisions Relating to Hazardous Processes (Chapter IV A, Section

● CHAPTER IVA- Provisions relating to Hazardous processes

(Section 41A- 41H)

7. Section 41-G: Workers’ participation in safety management.

Factories Act, 1948

Some Major provisions of the Factories Act are explained below:

c) Section 19 further mentions that in every factory there should be sufficient

PROVISIONS REGARDING THE WELFARE OF WORKERS

WORKING HOURS OF ADULTS

EMPLOYMENT OF YOUNG PERSONS

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