Kristu Jyoti College of Management and Technology

Department of Management studies

Intellectual Property Rights and Industrial Laws

STUDY MATERIAL

Module II | BBA | 5th Semester

Christin Mathew

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 Intellectual Property Rights and Industrial Laws
Module II

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.

Importance of Factories Act, 1948

The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is essentially to
safeguard the interests of workers, stop their exploitation and take care of their safety, hygiene
and welfare at their places of work. It casts various obligations, duties and responsibilities on the
occupier of a factory and also on the factory manager. Amendments to the Act and court
decisions have further extended the nature and scope of the concept of occupier, hazardous
processes in factories.

Definitions
Occupier
According to section 2(n) "occupier" of a factory means the person, who has ultimate control
over the affairs of the factory,
Industry and factory
In fact, industry refers to the production of economic goods. These goods can be materials,
products or services. A factory, on the other hand, is the actual location where the materials or
products are produced or created.
Worker
According to section 2(l) A worker is a person who is engaged to perform work under a contract
of service
Manufacturing Process
According to section 2(k) "manufacturing process" means any process for-

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning,
breaking up, demolishing or otherwise treating or adopting 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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What is hazardous process
According to section 2(cb) "hazardous process" means any process or activity which
(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:- 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;

Duties of Occupier
The Duties of Occupier have been clearly mentioned in the following sections of Factories Act,
1948: -

1. Notice by Occupier (Section 7)

The occupier shall, send to the Chief Inspector a written notice in respect of all establishments
which come within the scope of the Act.
2. General Duties of the Occupier(Section7A)
# To ensure the health, safety and welfare of all workers while they are at work in the factory.

# To provide and maintain the plant and systems of work in the factory that are safe and without
risk to health of the workers.

# To provide arrangements in the factory for ensuring safety and absence of risk to health in
connection with the use, handling, storage and transport of articles and substances

# To provide such information, instruction, training and supervision as are necessary to ensure
the health and safety of all workers at work.

# To maintain all places of work in the factory in a condition that is safe and without risks to
health and to provide and maintain such means of access to, and egress from, such places as are
safe and without such risks.

# To prepare a written statement of his general policy with respect to the health and safety of the
workers at work and the organization and arrangements in force for carrying out that policy.

3. Appointment of Safety officers. (Section 40-B)

It shall be the duty of the of the Occupier to Appoint a Safety officer in a factory:-

(i) Wherein one thousand or more workers are ordinarily employed, or

(ii) Wherein, in the opinion of the State Government, any manufacturing process or operation is
carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or
any other hazard to health, to the persons employed in the factory, if so required by the State
Government by notification in the official Gazette.

4. Specific Responsibility of the occupier in relation to Hazardous Process. (Section 41-C)

Every occupier of a factory involving any hazardous process shall-

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# maintain accurate and up-to-date health records or, as the case may be, medical records, of the
workers in the factory

# appoint persons who possess qualifications and experience in handling hazardous substances

# Provide for medical examination of every worker.

Provisions regarding Factories Act, 1948

Health 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: This section provides details relating to urinals construction at factories
 Section 20: This section specifies regarding proper arrangements of spittoons in the factory

Provisions relating to safety, Factories Act, 1948

The Factories Act, 1948 also provides provisions relating to safety measures for the workers
employed herein. This is to ensure safety of workers working on or around the machines. The
detailed information on each provision relating to safety measures is as under:

Section 17: Under section it has been described that there should be proper arrangement of
lighting in factories. In every part of the factory where workers are working or passing should be
well equipped with lighting arrangement either by natural sources or artificial sources.

Section 21: This section specifies that fencing of machinery is necessary. That any moving part
of the machinery or machinery that is dangerous in kind should be properly fenced.

Section 23: This section prescribes that employment of young person on dangerous machinery is
not allowed. In the case where he is been fully instructed in the usage of the machinery and
working under the supervision he might be allowed to work on it.

Section 24: This section provides provision of striking gear and devices for cutting off power in
case of emergency. Every factory should have special devices for cutting off of power in
emergencies from running machinery. Suitable striking gear appliances should be provided and
maintained for moving belts.

Section 28: This section prohibits working of women and children on specific machinery.
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Section 32: In this section it has been specified that all floors, stairs, passages and gangways
should be properly constructed and maintained, so that there are no chances of slips or fall.

Section 34: This section specifies that no person in any factory shall be employed to lift, carry or
move any load so heavy that might cause in injury. State Government may specify maximum
amount of weight to be carried by workers.

Section 35: This section provides specification regarding safety and protection of eyes of
workers. It mentions that factory should provide specific goggles or screens to the workers who
are involved in manufacturing work that may cause them injury to eyes.

Welfare Provisions as per Factories Act, 1948

(1) Washing Facilities: In every factory (a) adequate and suitable facilities shall be provided and
maintained for the use of workers; (b) separate and adequately screened facilities shall be
provided for the use of male and female workers; (c) such facilities shall be easily accessible and
shall be kept clean.

(2) Facilities for storing and drying clothing:

In every factory provision for suitable place should exist for keeping clothing not worn during
working hours and for the drying of wet clothing.

(3) Facilities for sitting:

In every factory, suitable arrangements for sitting shall be provided and maintained for all
workers

(4) First aid appliances:

Under the Act, the provisions for first-aid appliances are obligatory. At least one first-aid box or
cupboard with the prescribed contents should be maintained for every 150 workers. It should be
readily accessible during all working hours.

(5) Canteens:
In every factory employing more than 250 workers, the State government may make rules
requiring that a canteen or canteens shall be provided for the use of workers.

(6) Shelters, rest rooms and lunch rooms:

In every factory wherein more than 150 workers are ordinarily employed, there shall be a
provision for shelters, rest room and a suitable lunch room where workers can eat meals brought
by them with provision for drinking water.

(7) Creches:In every factory wherein more than 30 women workers are ordinarily employed
there shall be provided and maintained a suitable room or rooms for the use of children under the
age of six years of such women.

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 (8) Welfare officers:
In every factory wherein 500 or more workers are ordinarily employed, the occupier shall
employ in the factory such number of welfare officers as may be prescribed under Sec. 49(1).
The State government may prescribe the duties, qualifications and conditions of service of such
officers.

Prohibition of employment of young children

No child who has not completed his fourteenth year shall be required or allowed to work in any
factory.

Working Hours Provisions, Under the Factories Act, 1948

Section 51: Weekly Hours

This section lays down the maximum limit on working time for a worker in a factory on a
weekly basis. It states that no factory would ask the workers or make them work for more than
48 hours a week.

Section 52: Weekly Holidays

This section states that no adult worker shall be required or allowed to work in a factory on the
first day of the week. But this provision applies subject to certain conditions:

(a) Firstly, he has or will have a holiday for the whole day on one of three days immediately
before or after the relevant day.
(b) Secondly, the manager of the factory has, before the said day or the substituted day under the
clause.

Section 53: Compensatory Holidays

This section states that if in any case, the factory in under any provision cuts-off a holiday of the
worker, then the factory is under due pressure to give the same number of holidays to the
workers within the time period of two months.

Section 54: Daily Hours

This section is nothing but the extension of Section 51. Keeping in view the weekly working
hours limit prescribed by Section 51, this section states the limit on a daily basis. It states that a
factory should allow a worker to work for more than 9 hours per day.

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Section 55: Rest Intervals

This section states that the maximum time for which a worker will work before the interval time
period is 5 hours. The interval needs to be of a minimum half an hour, In certain cases, the State
Government may exempt some factories from this limitation. In reality, the limitation is not
removed but extended to 6 hours only.

Section 56: Spread Over

Looking at the human limitations in working, this section states that the periods of work of an
adult worker in a factory including the intervals for rest should not spread over more than 10.5
hours in any day.

Section 57: Night Shifts

This section provides certain clarifications for the questions related to the night shifts. It states
that if any worker works after midnight, then the provisions of holidays of Section 52 and
Section 53 will be applicable for 24 hours after his shift ends. Moreover, the extra hours after
midnight will form part of the previous day only.

Section 59: Overtime and Extra Wages

This section rewards those workers who are trying to work for more than the maximum time. It
states that those workers who work for more than 9 hours a day or 48 hours weekly, he/she is
entitled to be paid at double wage rate than the ordinary wage rate for the extra time.

Section 60: Double Employment

This section states that no worker is allowed or required to work for more than one factory in a
day. In other words, if a worker is working in a factory on a day then, he cannot work for another
factory on the same day.

Section 62: Register of Workers

This section states that the manager of the factory to maintain a register about the details of the
workers of the factory.It includes names of the workers, work nature, specific formal groups of
the workers, etc. Moreover, no worker can work in the factory unless his/her name is given in the
register.

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 Annual leave with wages

(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar
year shall be allowed during the subsequent calendar year, leave with wages for a number of days
calculated at the rate of-

(i) if an adult, one day for every twenty days of work performed by him during the previous
calendar year;

(ii) if a child, one day for every fifteen days of work performed by him during the previous
calendar year.
List of protective provisions for women employees:
Some of the important protective provisions for safeguarding the interests of working women are:

Safety/Health Measures
 Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to clean,
lubricate or adjust any part of a prime mover or of any transmission machinery while the prime
mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any
machine if the cleaning, lubrication or adjustment thereof would expose the woman to risk of
injury from any moving part either of that machine or of any adjacent machinery.
 Section 27 of the Factories Act, 1948 prohibits employment of women working in dangerous
situation

Prohibition of Night Work

 Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to
work in any factory except between the hours of 6 a.m. and 7 p.m.
 Section 25 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 stipulates
that no woman shall be required or allowed to work in any industrial premise except between 6
a.m. and 7 p.m.
 Section 46(1)(b) of the Mines Act, 1952 prohibits employment of women in any mine above
ground except between the hours of 6 a.m. and 7 p.m.

Maternity Benefit
 The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments
for certain periods before and after child-birth and provides maternity benefits. The Building and
Other Constructions (Regulation of Employment and Conditions of Service) Act, 1996 provides
for maternity benefit to female beneficiaries of the Welfare Fund.

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