Factories Act 1948

• Introduction & definition of important terms

• Inspector- appointment, duties & power
• Certified surgeon
• Health of workers
• Safety of workers
• Welfare of workers
• Working hours of adults.
 Introduction
The first factory act in India was passed in 1881. it
was designed primarily to protect children & to
provide for some health & safety measures. It was
followed by new act 1891,1911,1922 & 1934. the act
of the 1934 was passed to implement the
recommendation of loyal labour organization. The
provision of this act regarding safety, health & welfare
of workers were also found to be inadequate &
unsatisfactory. It was therefore felt that in view of
large & growing industrial activities in a country.
Concrete law relating to factory was necessary.
Hence factory act 1948 come into force. On first day
of April 1949 is applicable to whole India. First object
is to regulate the condition of work in manufacturing
establishment which come within the definition of the
term factory is used in the act.
The act extent to the whole of India including state of
Jammu & Kashmir
 Definitions: Factory 2(M)
Factory means any premises including…
1. Where 10 or more workers are working or were
working on any day of preceding 12 months & in
any part of which manufacturing process is being
carried on with aid of power.
2. Where 20 or more workers are working or were
working any day of preceding 12 months in any part
of which a manufacturing process is being carried
on without aid of power.
The term factory does not include mine subject to
the operation of Indian mines act 1952 or a mobile
unit belongs to the armed forced of the union, a
railway, running shed, or a hotel, restaurant or
eating place.
In simple words a factory is a premises where on 10
or more person are engaged if power is used or 20
or more person are engaged if power is not used in
manufacturing process.
• Adult – “ An adult means who has
completed his 18 years of age.” sec2(a)
• Adolescent – ” The person who has
completed 14 years of age but not
completed 18 years of age.” sec 2(a)
• Child – “ Person who has not completed
age of 14 years.” sec 2 (a)
• Competent person- “Competent person in
relation to any provision of the all means a
person or an institution recognized by
chief inspector. The reorganization must
be for the purpose of carrying out test &
examination to be done in factory ”sec2(b)
 (
• Hazardous process – ” It means any process or
activity in relation to an industry specialized in e
the first schedule where special care is taken.
Raw material used there in or the intermediate
or finished goods. There of
1. Cause material hazard to the health of the
person.
2. result in the pollution of the general
environment.
• Calendar year – “ the period of 12 months
beginning with first day of January of in any
year.” sec 2 (bb)
• Day – “ A period of 24 hours beginning at the
mid night.” sec 2(e)
• Week –” A period of 7 days beginning of mid
night on Saturday night or such other night as
may be approved by the inspector.” sec 2 ( f )
• Manufacturing process – “ A process
include…
a. Making, altering, repairing, finishing,
packing, washing, cleaning or sale,
transport, delivery or disposal.
b. Pumping oil water or any other substains.
c. Generating ,transforming or transmiting
power.
d. Printing, lithography, book binding, or other
similar process.
e. Constructing, reconstructing, repairing,
finishing or breaking up ships.
f. Preserving or storing any article in cold
storage.
Some of the process which have been held
to be manufacturing processes are as
follow.
1. Molding & transformation of raw-
cinematography into a finished product.
2. Use of refrigerator for treating or adopting
any article.
3. Converting sea water into salt.
4. Work of composition in printing business.
5. Use of electric motor for the purpose of
lifting or pumping motor.
6. Activity of petrol pump.
 Reference to time of date sec 3
“ In the factory act reference to time of date are
reference to Indian standard time being 5.30
hours ahead of green which mean time but
for any area in which Indian standard time is
not orderly observed the state government
may make rules.
1. Specify the area
2. Defining the locate mean time orderly
observed there in
3. Permitting such time to be observed in all or
any of the factory situated in the area.
The Inspecting staff or The Inspector
▪ Appointment of chief inspector –
according to the state govt. may by notification in official gazette
appoint any person to be a chief inspector to exercise the power
concerned on him by the factory act. He shall also exercise
power of an inspector through out the state. Following are the
power of an inspector.
▪ Power & duties of an inspector sec 9
- Enter with assistant who are in the service of government or
other public authority or with an expert in premises of a
factory.
- Make examination of premises, plant, machinery, article etc,
- Inquiry about any accident or dangerous occurance or injury
or disability.
- Require the production of nay prescribed register or any
other documents relating to the factory.
- Seize or take copy of any register which he has reasom to
believe & has been committed.
- Take measurement or photographs make such recording as
he consider necessary for the purpose of any examination.
- Exercise such other power as may be described.
 Certifying surgeon sec 10
The state government appoint qualified
medical practitioner to be certifying surgeon
for specified local limit or factory. He may
with the approval of the state government
authorized an qualified medical practitioner
to exercise any of his power the duty of
certifying surgeon are
1. Examination & certification of young person.
2. Examination of person engaged in factory in
dangerous operation or process.
3. Exercising of such medical supervision as
ma be prescribed for any factory.
 Rules of Safety sec 21 to 40
Safety provision are absolute & obligatory in their
character & the occupier of every factory is bound
to follow them.
1. Fencing of machinery sec 21
i. Dangerous part of every machinery to be securely
fenced.- in every factory every dangerous part of
machinery shall be securely fenced & safe guard of
substantial construction. Each shall be constantly
maintained & kept in position while the parts of machinery
they are fencing are in motion or in use. Machine covered
by sec 21 like
a. Every moving part of prime moved in the engine house.
b. The head race & tail race of every water wheel & water
tribunal
c. Any part of stock bar which project beyond the head stock of
a lathe.
d. Every part of an electric generator a motor ot rotary converter.
e. Every part of transmission machinery.
f. Every part of dangerous machinery.
ii. Prescription of further precaution by state
government.- the state govt. may be rules prescribed
such further precaution as it ma consider necessary
in respect of an particular machinery or part there off.
2. Work on near machinery in motion sec 22
i. Examination of machinery in motion by trained
,adult, male worker – where in any factory it
becomes necessary to examine any part of
machinery while the machinery is motion such
examination shall be made only b a specially trained
adult male worker. Wearing tight fitting cloths the
clothing shall be supplied by the occupier. The name
of the person so engaged shall be engaged shall be
entered in the prescribed resister. Further he shall be
furnished with certificate of his appointment.
ii. No women or women & young persons – no
women or young person shall be allowed to claim or
adjust any part of machinery in motion if it would
expose the women or young person to risk of any
injury from any moving part.
3. Employment of young person on dangerous
machine sec 23
i. Restriction on young person to work on
dangerous machinery – no young person shall
be required or allow to work on any machine to
which section apply unless he has been fully
instructed & he has received full training.
ii. Machine dangerous for young person to be
specified by the state government – the state
government shall specify machine which in its
opinion are of such a dangerous character that
young person ought not to work unless forgoing
requirement are complied with.
4. Striking gear & devices for cutting of power
Sec 24
i. Suitable striking gear to be provided, maintain &
used – in every factory suitable sticking gear or
other efficient mechanical appliance shall be
provided & maintained & used to move driving belt
& from fast to loose pulleys which a part from
transmission machinery driving belt when net in use
shall not allowed to rest or ride upon the safety in
motion.
ii. Locking device to prevent accident starting of
transmission of machinery- when a device which
can adversely shift from off to on position is
provided in a factory to cut off power, arrangement
shall be provided for locking the device in safe
position this is to prevent accident.
5. Self acting machine sec 25
Tran missing part not allowed to run within a distance of
45cm from any fixed structure. This provision shall apply
only if the space over which transmission part of the self
acting machine runs in a space over which any one is
liable to pass whether in course of his employment or
otherwise
6. Casing of new machinery sec 26

i. Casing to prevent danger – all machineries driven by

power & installed in any factory after 1 st April 1949 every
set screw or key or any revolving shift.

ii. Penalty - If any one sale or lets on hire either directly

or through agent which does not comply with the
provision he shall be punishable with imprisonment up to
3 months or 500rs fine or both.
7. Prohibition of employment of women & children near
cotton opener sec27
No women or children shall be employed in any part of
the factory pressing cotton in which cotton opener is at
work. If cotton opener is in a room or to a specified hight
women or children may be employed on the side of
partition where it is suitable.
8. Hoists & lifts sec 28
Hoist & lifts to be of good mechanical construction & to
be properly maintained & examined once in every 6
months. In ever factory where hoist & lift shall be of good
mechanical construction sound material & adequate
strength. Further it shall be sufficiently protected by
enclosure with get. It shall also be properly maintained &
shall be thoroughly examined by a competent person at
least once in every six months. A register containing
prescribed particular of every such examination shall be
kept the maximum sage working load & shall be paint
marked about loads.
9. Lifting machine, chain, rope & lifting tackle
sec 29
i. In every factory crane & other lifting machines
shall be construction ,sound materials, adequate
strength, free from defect & properly maintained.
It shall be examined thoroughly at least once in
every 12 months.
ii. The foresaid shall not examined for the
purpose of test to be loaded the same working
load which shall be painted marked with an
identification mark & duly entered in the
prescribed register.
iii. If any person is employed or working on or
near the wheel truck of a traveling crane in an
place he would be liable to be stuck by the
crane. The crane does not approach within 6
meter of that place
10. Revolving machine sec 30
In every factory in which the process of grinding is
carried out there shall be permanent place near each
machine a notice indicating the maximum safe working
speed of every grind stone & the speed of shift upon
which the wheel is installed. Effective measures shall be
taken in every factory to ensure that the safe of working
speed of every revolving machine is proper.
11. Pressure plant sec 31
If in any factory any plant or any machinery or part there
off is operated at a pressure above atmosphere
procedure effective measures shall be taken. The
pressure should not be higher than fixed as per working
of plant.
The government may make rules providing for
examination & testing for any plant or machinery &
providing for additional safety measures.
12. Flore ,stairs & mean assess sec 32
in every factory all floors, steps, stairs, passage
shall be of sound construction & properly
maintained. It shall be so far as is reasonably
practicable to provide & maintain safe means of
assess to every place. When any person has to
work at a height from where he is likely to fall
provisions shall be made for reasonable
practices.
13. Pits, sumps, opening in flow etc sec 33
in every factory pits, sumps, fixed vassals , tank,
opening in the ground or in the flow small be
securely covered or securely fenced. The state
government may buy order in writing exam any
factory in respect of vessel, sumps, tank, pit, or
opening from ground with the above provision.
14. Excessive weight sec 34
No person shall be employed in any factory to lift carry or
move any load. So heavy load likely to cause him injury.
Government may make rules prescribing the maximum
weight which may be lifted. Carried or moved by adult
man, adult women & children employed in factory or in
any class or description of fact or carrying any specified
process.
15. Protection of eyes sec 35
in every factory screen or suitable goggles shall be
provided for the protection of person employed on or in
immediate vicinity of mechanical or other processes
which involve any danger or injury to the worker’s eye
sight. The risk of injury to the eyes may be from particles
or fragment thrown off in the Course of process or by
reason of expose to excessive light.
16. Precautions against dangerous fume sec 36
No person shall be required or allow to enter any
chamber ,tank, pit, pipe or other space in any factory in
which any gas fume or dust is likely to prevent to such
an extend as to involve risk to person being overcome
there by unless it is provided with adequate size or other
effective means.
No person shall be required or allow to enter in any such
place, referred to until practicable measures have been
taken to remove gas, fuel or dust. Which may be present
or to prevent such thing by the person who has
certificate in writing & wearing suitable breathing apron &
belt & securely attached to a rope.
17. Precautions against inflammable dust gas etc sec 37
When in factory any manufacturing process produces
dust, gas, fuel which is likely to explore all practicable
measures shall be taken to prevent any such explosion
by effective explore of the plant or prevention of
accumulation of such dust , gas or fuel.
all practicable measures shall be taken to restrict such
spread or effect of the explosion.
18. Precautions in case of fire sec 38
In every factory all practicable measures shall be taken
to prevent out break of fire & its spread both internally &
externally & to provide & maintain safe means of escape
for all person in the event of fire & the necessary
equipment & facility to stop fire. Every person must be
familiar about effective measures to escape in case of
fire & adequately trained.
19. Power to require specification of defective part of
test of suitability sec 39
If it is appear to the inspector that any building or part of
building machinery or plant in a factory may be
dangerous to human life or safety.
20. Safety of building & machinery sec 40
In any building or part of the building or machinery or
plant in a factory is in such a condition that it is
dangerous to human life or safety, the inspector may
take steps against occupier or the manager or both.
 Welfare sec 41 to 50
1. Washing facility sec 42
In every factory adequate & suitable
washing facilities provided for male & female
worker & maintain for the use of worker
there in such facilities shall be conveniently
assessable & shall be kept clean.
2. Facility for storing & drying cloth sec 43
The state government may make rules
requiring the provision of suitable place for
keeping cloths of workers during working
hours & for the drying of wet cloth in respect
of any factory or class of factory.
3. Facility for sitting sec 44
in every factory suitable arrangement of sitting
should be provided & maintained for every
worker who are abolished to work in standing
position this has been done in order that the
worker may take advantage of any opportunity
for rest which may occur in the course of their
work.
if 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. The chief
inspector may require the occupier of the factory
tp provide such sitting arrangement as may be
practicable.
4. First aid appliances sec 45
In every factory there shall be provision of first
aid services in ready & assessable position
during working hours. It is compulsory for the
factory when 150 workers are working.
Only the prescribed contain shall be kept in first
aid box. Each first aid box shall be kept in
charge of a separate responsible person who
hold a certificate in the first aid treatment
recognized by first aid treatment.
in every factory where in more than 500 workers
are ordinarily employed. There shall be provided
& maintained ambulance room containing the
prescribed equipment.
5. Canteen sec 46
The state government may make rules requirement that
in & any specified factory where in more than 250
workers are ordinarily employed a canteen shall be
provided.
The rules made by the state government to constant
accommodation & furniture & other equipment of the
canteen the item of expenditure in the running of can be
which are not to be taken into account. In fixing the cost
of food staff, the chief inspector is subject to check.
6. Shelter ,rest room & lunch room sec 47
in every factory where more than 150 workers are
ordinarily employed there shall be provision of shelter
rest room & a suitable lunch room where workers can
eat meal with provision of drinking water. The shelter or
rest room or lunch room shall be sufficiently lighted &
ventilated & shall be maintained in clean & cool
condition.
7. Crèches sec 48
In every factory where in more than 30 women
worker are ordinarily employed there shall be
provided & maintained suitable room for use of
children under the 6 years of child.
Room for use of children shall provide adequate
accommodation shall be adequately lighted &
ventilated further there shall be maintained in
clean condition.
The state government may make rules
prescribed the location & the standard in respect
of construction, accommodation. Furniture &
other equipment of room for the children.
8. Welfare officer sec 49
in every factory where in 500 or more
workers are already employed the
occupier shall employed in the factory
such number of welfare officer as may be
prescribed.
The state government may prescribed the
duties, qualified & condition of service of
welfare officer.
Even if a factory employer over 500
workers only for few months in the year &
not continuously the occupier shall
prescribed the welfare officer.
9. Power to make rule sec 50
the state government may make rule
subject to such alternative arrangement for
welfare of workers as may be prescribed
in any factory that representative worker
employed in a factory shall be associated
with the management of welfare
arrangement of workers.
 Working hours of Adult
The rules as to the regulation of hours of work of adult
workers in a factory & holiday are as follow
Working hours :
1. Weekly hours sec 51- no adult worker shall be
required or allow to work in factory for more than 48
hours in any week.
2. Daily hours sec 54- subject to the above rules no
adult person shall be required or allow to work in a
factory for more than 9 hours in a day. But in order to
facilitate the change of shift this may be exceeded
with approval of inspector.
3. Interval for rest sec 55- the period of work of adult
workers in a factory each day shall be so fixed that no
period shall exceed than 5 hours. Further no workers
shall work for more than 5 hours before he has an
interval for rest of one an half hour.s
• Spread over, Night shift & over lapping shift
1. Spread over sec 56- the period of a work of an
adult worker in a factory shall be arranged that
inclusive of his interval for rest they shall not spread
over more than 10 & half hours.
2. Night shift sec 57 – where a worker in a factory
works on a shift which extend beyond mid night his
weekly or compensatory holiday for a whole day
means a period of 24 constituting hours.
3. Prohibition of over lapping shift sce 58- work
shall not be carried on in any factory by means of a
system of shift so arranged that there more than
one group of workers is engaged in working of the
same kind at the same time.
• Extra wages for over time sec 59
1. Wage at twice the ordinary rate – where a worker
works in a factory for more than 9 hours in a day or
more than 48 hours in any week he shall in respect
of over time be entitled to wage at the rate of twice
his ordinary rate of wages.
2. Ordinary rate of wages – it means the basic wage
plus such allowances including the cash equivalent
of advantage occurring through consessional sale to
worker of food grain or other article.
3. Worker paid on piece rate wage – the time rate in
case of workers paid on piece rate shall be deemed
to be equivalent to the daily average of their full time
earning for the days on which they actually worked
on the same job during the month immediately
preceding the calendar month during which the over
time work was done & according to actually worked
in a week in which the over time work was done.
4. Cash equivalent of the concessational
sale of food grain & other article- it shall
be computed as & often prescribed on the
bases of maximum quantity of food grain &
other articles admissible to a standard
family. Here standard family means
workers his or her spouse & two children.
the state government may make rules
prescribing the manner in which the cash
equivalent of the advantage occurring
through a concessional sale of food grain
& register shall be maintained in a factory.
 r
• Register of adult worker sec 62 –the
manager of every factory shall maintain a o
register adult worker showing the name of
each adult worker in the factory. The
nature of this work, the group, if any in
which he is included. Where his group
work on shift the relay to which he is
quoted & each other particular as may be
prescribed.
Thank you