Factories Act, 1948
Factories Act, 1948, India
The Factories Act, 1948 has been enacted to
consolidate and amend the laws regulating the
rights and working conditions of those
working in the factories. It extends to whole of
India and applies to every factory wherein 20
or more workers are ordinarily employed.
Since the aim and object of the Act is to
safeguard the interest of workers and protect
them from exploitation and discrimination, the
Act prescribes certain standards with regards
to safety, welfare and working hours of
workers, apart from other provisions which
factories establishment are required to
comply with.According to Section 2(m) of the Indian
Factories Act, 1948 “factory” means, any
premises including the precincts thereof
where ten or more persons are working in any
manufacturing process being carried on with
aid of power and where twenty or more
workers are working without the aid of power.
The Factories Act essentially lays down the
guidelines to be followed by every factory in
order to maintain the health, safety and
welfare of the factory workers. Some features
of the Factories Act, 1948 are highlighted
below:Health under Factories Act, 1948
1. Every factory should be kept clean and free
from effluvia arising from any drain, privy or
other nuisance. {Section 11}
2. Effective arrangements should be made in
every factory for the treatment and disposal
of wastes and effluents produced due to the
manufacturing process carried on therein,
so as to render them innocuous. {Section12}
3.Effective and suitable provisions for
adequate ventilation by the circulation of
fresh air; and maintenance of suitable
temperatures should be made in every
factory for securing and maintaining in
every workroom; reasonable conditions of
comfort and prevent injury to the health of
the workers. {Section 13}4. Effective measures should be taken to
prevent inhalation of dust and fume that is
produced in the course of manufacturing
process. {Section 14}
5.In any factory where humidity in the air is
artificially increased, the State Government
may make rules prescribing standards of
humidification; regulating the methods used
for artificially increasing humidity in the air;
and directing prescribed test for
determining the humidity in the air to be
correctly carried out and recorded; and
prescribing methods to be adopted for
securing adequate ventilation and cooling of
the air in the workrooms. {Section 15}
6.No room in any factory should be
overcrowded to an extent that is injurious to
the health of the workers employed therein.
{Section 16}7.\n every part of a factory where workers are
working or passing by, sufficient and
suitable lighting should be provided and
maintained. {Section 17}
8. Sufficient and conveniently accessible
supply of wholesome drinking water should
be maintained in the factories. {Section 18}
9.In every factory sufficient lavatory and
urinals of prescribed types should be
provided conveniently situated and
accessible to workers, separately for male
and female workers, at all times while they
are at the factory. {Section 19}
10. In every factory there should be provided a
sufficient number of spittoons in convenient
places and they shall be maintained in a
clean and hygienic condition. {Section 20}Safety under Factories Act, 1948
1.The machinery in every factory should be
properly fenced. {Section 21}
2. Only the trained adult male worker, wearing
tight fitting clothing, which should be
supplied by the Occupier, should be allowed
to work near the machinery in motion.
{Section 22}
3.No young person shall be employed on
dangerous machinery, unless he is fully
instructed as to the dangers arising in
connection with the machine. Necessary
precautions are to be observed and
Occupier must ensure that such worker has
received sufficient training for working at
the machine. {Section 23}
4. Suitable arrangements should be made to
provide striking gear and devices for cutting
off power in case of emergencies. {Section
24}5. Sufficient precautions should be taken with
regard to self-acting machines to avoid
accidents. {Section 25}
6.To prevent danger, all machinery driven by
power should be encased and effectively
guarded. {Section 26}
7.Women workers and children should not be
employed in any part of the factory for
pressing cotton in which a cotton-opener is
at work. {Section 27}
8.Hoists and Lifts in a factory should be
periodically inspected by the Competent
Person. {Section 28}
9. Lifting Machines, Chains, Ropes and Lifting
Tackles in a factory should be periodically
inspected by the Competent Person.
{Section 29}10. Where process of grinding is carried on, a
notice indicating the maximum safe working
peripheral speed of every grind-stone or
abrasive wheel etc., should be fixed to the
revolving machinery.{Section 30}
11.Where any plant or machinery or any part
thereof is operated at a pressure above
atmospheric pressure, effective measures
should be taken to ensure that the safe
working pressure of such plant or machinery
or its part is not exceeded.{Section 31}
12. Floors, stairs and means of access should be
soundly constructed and properly
maintained.{Section 32}
13. Pits, sumps opening in floor etc., should be
either securely covered or fenced.{Section
33}
14.No workman shall be employed in any
factory to lift, carry or move any load so
heavy as to be likely to cause him injury.
{Section 34}15. Necessary protective equipment should be
provided to protect the eyes of the
workman, where the working involves risk
of injury to the eyes. {Section 35}
16. Suitable precautionary arrangements should
be taken against dangerous fumes, gases etc.
{Section 36}
17. All practicable measures should be taken to
prevent any explosion where the
manufacturing process produces dust, gas,
fume or vapour etc. {Section 37}
18. Every practicable measures should be taken
to prevent the outbreak of fire and its
spread, both internally and _ externally.
{Section 38}19.The Inspector of Factories can ask the
Occupier or the Manager of the Factory to
furnish drawings, specification etc., of any
building, machinery or a plant, in case he
feels that condition of such building,
machinery or the plant may likely to cause
danger to human life. {Section 39}
20.The Inspector of Factories can suggest
suitable measures of steps to take by the
Occupier or Manager for implementation,
when he feels the condition of any building,
machinery or a plant is likely to cause
danger to human life. {Section 40}
21.Wherein 1000 or more workmen are
employed in a factory, the Occupier should
appoint a Safety Officer to look after the
safety aspects of the factory. {Section 40-B}
Welfare under Factories Act, 1948
1. Adequate and suitable ‘washing facilities’
should be provided in every factory. {Section
42}2.Provision should be made to provide
suitable places for keeping clothes that are
not worn during working hours and for the
drying of wet clothing.{Section 43}
3.1n every factory, suitable arrangements for
sitting should 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.
{Section 44}
4. First-Aid Boxes with the prescribed
contents should be provided and maintained
so as to be readily accessible during all
working hours at the rate of at least one Box
for every 150 workmen. {Section 45}5.In every factory wherein more than 500
workers are employed there should be
provided and maintained an Ambulance
Room of the prescribed size, containing the
prescribed equipment in the charge of such
medical and nursing staff. {Section 45(4)}
6. The Occupier should provide a canteen for
the use of workers in every factory, where
the number of workmen employed is more
than 250.{Section 46}
7.1n every factory wherein more than 150
workers are employed adequate and
suitable shelters or rest rooms and a
suitable lunch room, with provision for
drinking water, where workers can have
lunch or tiffins. {Section 47}8.In every factory wherein more than 30
women workers are ordinarily employed
there shall be provision for maintaining a
suitable room for the use of children under
the age of six years of such women. {Section
48}
9.In every factory wherein more than 500 or
more workers are employed, the Occupier
should employ in the factory such number of
Welfare Officers as may be prescribed.
{Section 49}
10. Working Hours of Adult Workers
11. Ordinarily, a worker should not be allowed
to work in a factory for more than 48 hours
in any week. {Section 51}
12. The workman should have one holiday for a
whole day in a week. Where he was asked to
work on his scheduled weekly holiday, he
should be given compensatory holiday
within three days of his scheduled weekly
holiday. {Section 52}13. After obtaining approval from the Inspector
of Factories, the workman shall be allowed
to avail the compensatory holidays
unavailed by him, within that month during
which the compensatory holidays are due or
within two months immediately following
that month. {Section 53}
14. Subject to the provisions of Section 51, no
worker should be allowed to work more
than nine hours in a day. {Section 54}
15. The timings of work should be fixed in sucha
way that no worker should be required to
work continuously for more than five hours;
and he should be allowed to avail an interval
for rest of at least half-an hour during his
work ina day. {Section 55}
16. The period of work of a workman should be
so arranged that inclusive of his interval for
rest under Section 55 should not spread
over more than ten and a half hours in any
day. {Section 56}.General Duties of the Occupier under
Factories Act, 1948
1. Every Occupier should ensure, so far as is
reasonably practicable, the health, safety
and welfare of all workers while they are at
work in the factory.
2. Without prejudice to the generality of the
provisions of sub-section (1), the matters to
which such duty extends, include -
1.the provisions and maintenance of the
plant and systems of work in the factory
that are safe and without risks to health;
2.the arrangements in the factory for
ensuring safety and absence of risks to
health in connection with the use,
handling, storage and transport of articles
and substance;
3.the provision of such _ information,
instruction, training and supervision as
are necessary to ensure .the health and
safety of all workers at work;4.the maintenance of all places of work in
wn
the factory in a condition that is safe and
without risks to health and the provision
and maintenance of such means of access
to, and egress from, such places as are
safe and without such risks;
. the provision, maintenance or monitoring
of such working environment in the
factory for the workers that is safe,
without risks to health and adequate s
regards facilities and arrangements for
their welfare at work.3. Except in such cases as may be prescribed,
every Occupier should prepare, and, so
often as may be appropriate, revise, a
written statement of his general policy with
respect to the health and safety of the
workers at work and the organization and
arrangements for the time being in force for
carrying out that policy, and to bring the
statement and any revision thereof to the
notice of all the workers in such manner as
may be prescribed {Section 7-A}
Penal Provision under Indian Factories Act,
1948
¢ For contraventions of Provisions of the Act,
imprisonment upto 7 years or fine upto
Rs.2,00,000/-. may be imposed
e For continuous contraventions of the Act,
imprisonment upto 10 year and/or fine upto
Rs.5,000/- per day may be imposed.