Factories Act, 1948

The Factories Act, 1948 is an important piece of legislation in India that governs the
health, safety, and welfare of workers employed in factories. It was enacted to
regulate the working conditions in factories and to ensure the basic rights and
protection of workers. Here are some key provisions and aspects of the Factories Act,
1948:

1. Objective: The main objective of the Act is to ensure the safety, health, and
welfare of workers employed in factories. It aims to regulate the working
conditions to prevent accidents and promote the overall well-being of
workers.
2. Applicability: The Act applies to all factories where specified manufacturing
processes are carried out with the aid of power or where 10 or more workers
are employed without the aid of power. It applies to both manufacturing and
processing industries.
3. Provisions: The Act contains provisions regarding the health, safety, and
welfare of workers, including provisions related to working hours, leave,
wages, overtime, health, safety measures, cleanliness, ventilation, and welfare
facilities such as canteens, restrooms, and first aid.
4. Registration and Licensing: It mandates that every factory must be
registered and obtain a license from the appropriate government authority
before commencement of operations. The registration and licensing process
ensures compliance with the Act's provisions.
5. Working Hours and Conditions: The Act specifies the maximum number of
hours that adults can work in a week, overtime regulations, and provisions for
rest intervals and holidays. It also lays down regulations regarding
employment of women and young persons.
6. Health and Safety Measures: The Act requires factories to maintain a safe
working environment by implementing measures to prevent accidents, such as
providing protective equipment, maintaining machinery, ensuring proper
ventilation, and taking precautions against hazardous processes.
7. Inspectors: The Act empowers government-appointed inspectors to ensure
compliance with its provisions. Inspectors have the authority to enter factories,
conduct inspections, and take necessary actions to enforce the Act.
8. Penalties: The Act prescribes penalties for violations, including fines and
imprisonment for contravention of its provisions. Penalties are imposed on
both the employer and employees for non-compliance.

The Factories Act, 1948 has undergone several amendments over the years to adapt
to changing industrial practices and to enhance the protection and welfare of
workers. It continues to be a crucial legislation governing factory operations and
ensuring the rights and safety of workers in India.
The Factories Act, 1948 was enacted with several key objectives in mind. These
objectives primarily revolve around ensuring the health, safety, and welfare of
workers employed in factories. Here are the main objectives of the Factories Act,
1948:

1. Ensuring Safety: One of the primary objectives of the Act is to ensure the
safety of workers employed in factories. It aims to prevent accidents and
injuries by regulating the working conditions, machinery, and processes within
factories.
2. Protecting Health: Another important objective is to protect the health of
workers. The Act mandates measures to control exposure to hazardous
substances, ensure proper ventilation, and provide facilities for hygiene and
sanitation in factories.
3. Regulating Working Conditions: The Act seeks to regulate the working
conditions in factories to prevent exploitation of workers and ensure fair
treatment. It sets standards for working hours, rest intervals, overtime, and
other aspects of employment.
4. Promoting Welfare: The Act aims to promote the welfare of workers by
requiring factories to provide essential amenities such as canteens, restrooms,
first aid facilities, and welfare measures like housing and educational facilities
for workers' families where applicable.
5. Preventing Child Labor: An objective of the Factories Act is to prevent the
employment of child labor in factories. It lays down regulations regarding the
employment of young persons and prohibits the employment of children
below a certain age.
6. Ensuring Compliance: The Act aims to ensure compliance with its provisions
by requiring factories to register and obtain licenses before commencement
of operations. It empowers government-appointed inspectors to enforce the
Act through inspections and monitoring.
7. Promoting Efficiency: By ensuring a safe and healthy working environment,
the Act indirectly contributes to the efficiency and productivity of factories.
Healthy and satisfied workers are likely to be more productive, leading to
improved industrial output.
8. Adapting to Industrial Changes: Over time, the Act has been amended to
adapt to changing industrial practices and technological advancements. Its
objective includes staying relevant and effective in regulating factory
operations in the context of evolving industrial landscapes.

Overall, the Factories Act, 1948 aims to balance the interests of employers and
workers by establishing standards for workplace safety, health, and welfare, thereby
contributing to the overall well-being of society.
Defini on of Factory
A factory is a facility or premises where goods are manufactured or processed using
machinery and labor. Factories typically involve industrial production processes, where raw
materials are transformed into finished products through various stages of manufacturing.
These facilities can vary significantly in size, scope, and specialization, ranging from small-
scale operations to large industrial complexes.

Key characteristics of a factory include:

1. Machinery and Equipment: Factories are equipped with machinery and equipment
necessary for the manufacturing or processing of goods. This equipment may include
assembly lines, production machines, conveyors, and other specialized tools.
2. Production Processes: Factories employ specific production processes tailored to the
type of goods being manufactured. These processes may involve fabrication,
assembly, molding, cutting, or other techniques to transform raw materials into
finished products.
3. Workforce: Factories employ a workforce consisting of skilled and unskilled workers
who operate machinery, oversee production processes, and perform various tasks
related to manufacturing. The size of the workforce can vary depending on the scale
of production.
4. Safety and Regulatory Compliance: Factories must adhere to safety standards and
regulations to ensure the well-being of workers and prevent accidents. This includes
implementing safety protocols, providing protective equipment, and complying with
relevant labor laws and regulations.
5. Infrastructure: Factories require infrastructure such as buildings, warehouses,
utilities, and transportation facilities to support manufacturing operations. The layout
and design of the factory are often optimized for efficient production flow and
logistics.
6. Quality Control: Quality control measures are implemented to ensure that
manufactured goods meet specified standards and requirements. This may involve
inspections, testing, and monitoring of production processes to maintain product
quality and consistency.
7. Environmental Impact: Factories may have environmental implications due to their
use of resources, energy consumption, and waste generation. Many modern factories
strive to implement sustainable practices to minimize environmental impact and
promote resource efficiency.

Overall, a factory is a centralized facility where goods are mass-produced or processed using
machinery, labor, and specialized production techniques. It plays a crucial role in industrial
manufacturing and contributes to economic growth and development.

The Factories Act, 1948 contains several provisions regarding health, safety, welfare,
working hours, holidays, and leave for workers. Here's a summary of some of the key
provisions related to these aspects:

1. Health, Safety, and Welfare:

  Section 11 to Section 20 of the Act lay down provisions related to
health, safety, and welfare of workers. These include measures such as
cleanliness, ventilation, temperature, lighting, drinking water, disposal
of wastes, and facilities for washing.
2. Working Hours:
 According to Section 51 of the Act, no adult worker shall be required or
allowed to work in a factory for more than 48 hours in a week. The daily
maximum working hours for adults are 9 hours. If a worker works
beyond 9 hours a day or 48 hours a week, they are entitled to overtime
wages as per the provisions of the Act.
3. Holidays:
 Section 52 of the Act stipulates that workers are entitled to at least one
day of rest per week. This weekly rest day is typically Sunday but can be
any other day as agreed upon by the employer and workers. In addition
to weekly rest, workers are entitled to public holidays as prescribed by
law.
4. Annual Leave with Pay:
 Section 79 of the Act mandates that every worker who has worked for a
minimum of 240 days in a calendar year is entitled to annual leave with
wages. The duration of annual leave is determined based on the
number of days worked during the year. Typically, workers are entitled
to 12 days of annual leave with pay.
5. Working Hours of Adults:
 Section 51 of the Act sets the maximum limit of working hours for
adults in a factory to 48 hours per week. It also specifies that the spread
over of work for an adult worker should not exceed ten and a half
hours on any day. This spread over includes intervals for rest and meals.

These provisions are aimed at safeguarding the health, safety, and welfare of
workers, ensuring reasonable working hours, and providing adequate leave and
holidays for rest and recreation. Compliance with these provisions is essential for
maintaining a healthy and productive work environment in factories.

Certainly! Here's a breakdown of the important terms, provisions, and schemes related to
hazardous processes, employment of women and young persons, penalties, procedures, and
miscellaneous aspects under the Factories Act, 1948:

1. Hazardous Process:
 The Act defines a "hazardous process" under Section 2(cb) as any process or
activity that involves handling of substances, which are highly flammable,
explosive, toxic, carcinogenic, or hazardous to health.
  Provisions related to hazardous processes are covered under Sections 41A to
41H. These sections mandate safety measures, precautions, and emergency
procedures to be followed by factories engaged in hazardous processes.
2. Employment of Women:
 Sections 66 to 67 of the Act regulate the employment of women in factories.
Key provisions include restrictions on night work for women, requirements for
providing transportation, and prohibition of certain types of work deemed
unsuitable for women's employment.
3. Employment of Young Persons:
 Sections 67A to 68A deal with the employment of young persons (defined as
individuals between 15 to 18 years of age) in factories. The Act prohibits the
employment of young persons in certain hazardous occupations and restricts
their working hours.
4. Penalties:
 The Act prescribes penalties for various contraventions under Sections 92 to
106. Penalties include fines and imprisonment for offenses such as non-
compliance with provisions related to safety, health, working hours,
employment of women and young persons, and failure to maintain records.
5. Procedure:
 Sections 108 to 116 outline the procedure for adjudication of offenses and the
powers of inspectors and certifying surgeons appointed under the Act. The
procedure includes inspection of factories, issuance of notices for non-
compliance, and adjudication of penalties.
6. Welfare Measures and Special Provisions:
 Sections 42 to 49 mandate welfare measures to be provided by factories,
including amenities such as canteens, restrooms, first aid facilities, and
welfare officers. Special provisions may include requirements for factories
dealing with specific processes or substances deemed hazardous.
7. Miscellaneous:
 Various other miscellaneous provisions are covered under different sections of
the Act, including provisions related to registration and licensing of factories
(Sections 6 to 11), annual leave with wages (Sections 78 to 81), working hours
of adults (Sections 51 to 59), and provisions for inspection and penalties.

These provisions collectively aim to ensure the safety, health, and welfare of workers,
regulate the employment of women and young persons, impose penalties for non-compliance,
and provide for necessary procedures and welfare measures in factories governed by the
Factories Act, 1948.
 MCQs
1. What is the main objective of the Factories Act, 1948? A) To regulate trade
unions in factories B) To ensure the health, safety, and welfare of workers in
factories C) To promote exports from factories D) To establish government
control over factory operations
2. Which section of the Factories Act, 1948 deals with the maximum working
hours for adult workers in a factory? A) Section 20 B) Section 51 C) Section 67
D) Section 92
3. According to the Factories Act, 1948, what is the minimum number of days a
worker must work in a calendar year to be eligible for annual leave with pay?
A) 180 days B) 200 days C) 240 days D) 300 days
4. What does the term "hazardous process" refer to in the Factories Act, 1948? A)
Any process that generates excessive noise in a factory B) Any process that
involves the handling of substances harmful to health or safety C) Any process
that requires high energy consumption in a factory D) Any process that
involves manual labor in a factory
5. Under the Factories Act, 1948, who has the authority to conduct inspections
and enforce compliance with its provisions? A) Factory owners B) Workers'
unions C) Government-appointed inspectors D) Trade associations

Answers:

1. B) To ensure the health, safety, and welfare of workers in factories

2. B) Section 51
3. C) 240 days
4. B) Any process that involves the handling of substances harmful to health or
safety
5. C) Government-appointed inspectors

1. What is a factory? A) A place where goods are sold B) A facility where goods
are manufactured or processed using machinery and labor C) A warehouse for
storing finished products D) A showroom for displaying products
2. Which of the following is a characteristic of a factory? A) Sole reliance on
manual labor B) Lack of machinery and equipment C) Production of goods
without any processing D) Use of machinery and labor in manufacturing or
processing activities
3. What is the primary purpose of a factory? A) Selling goods to consumers B)
Providing services to customers C) Manufacturing or processing goods D)
Offering financial assistance to workers
 4. What distinguishes a factory from other types of workplaces? A) Size of the
workforce B) Presence of administrative offices C) Use of machinery and
equipment for manufacturing or processing D) Location in an industrial area
5. Which of the following activities typically occurs in a factory? A) Retail sales B)
Software development C) Food catering D) Production of automobiles

Answers:

1. B) A facility where goods are manufactured or processed using machinery and

labor
2. D) Use of machinery and labor in manufacturing or processing activities
3. C) Manufacturing or processing goods
4. C) Use of machinery and equipment for manufacturing or processing
5. D) Production of automobiles

1. What is covered under the provisions regarding health, safety, and welfare in
the Factories Act, 1948? A) Regulations for employee salaries B) Measures to
ensure the well-being of workers in factories C) Guidelines for marketing
products D) Rules for tax deductions
2. What is the maximum number of working hours for adults in a factory
according to the Factories Act, 1948? A) 40 hours per week B) 48 hours per
week C) 60 hours per week D) 80 hours per week
3. How many days of rest are workers entitled to per week under the Factories
Act, 1948? A) 4 days B) 5 days C) 6 days D) 1 day
4. Under the Factories Act, 1948, what is the minimum number of days a worker
must work in a calendar year to be eligible for annual leave with pay? A) 100
days B) 180 days C) 240 days D) 300 days
5. What are the maximum daily working hours for adults in a factory as per the
Factories Act, 1948? A) 8 hours B) 9 hours C) 10 hours D) 12 hours

Answers:

1. B) Measures to ensure the well-being of workers in factories

2. B) 48 hours per week
3. D) 1 day
4. C) 240 days
5. B) 9 hours

1. General Schemes: Q: What is the primary objective of the general schemes outlined
in the Factories Act, 1948? A) Promote factory automation B) Ensure the welfare of
factory owners C) Enhance the health, safety, and welfare of factory workers D)
Facilitate tax incentives for factories
 Answer: C) Enhance the health, safety, and welfare of factory workers
2. Important Terms and Provisions Regarding Hazardous Processes: Q: According
to the Factories Act, 1948, what constitutes a hazardous process? A) Any process
involving loud noises B) Any process involving the handling of substances hazardous
to health or safety C) Any process involving long working hours D) Any process
involving high electricity consumption
Answer: B) Any process involving the handling of substances hazardous to health or
safety
3. Provisions Regarding Employment of Women: Q: What restrictions does the
Factories Act, 1948 impose on the night work of women in factories? A) No
restrictions B) Women can work night shifts only with special permits C) Women
cannot work between 7 PM and 6 AM D) Women can work night shifts with
appropriate safety measures
Answer: C) Women cannot work between 7 PM and 6 AM
4. Employment of Young Persons: Q: What age group does the Factories Act, 1948
consider as "young persons"? A) 16 to 20 years B) 14 to 18 years C) 18 to 25 years D)
12 to 16 years
Answer: B) 14 to 18 years
5. Penalties: Q: What penalties can be imposed for non-compliance with the Factories
Act, 1948? A) Only fines B) Only imprisonment C) Fines, imprisonment, or both D)
Warning letters
Answer: C) Fines, imprisonment, or both
6. Procedure: Q: Who has the authority to conduct inspections and enforce compliance
with the Factories Act, 1948? A) Factory owners B) Government-appointed
inspectors C) Workers' unions D) Local police authorities
Answer: B) Government-appointed inspectors
7. Offers and Special Provisions: Q: What are some examples of welfare measures
mandated by the Factories Act, 1948? A) Subsidized housing for factory workers B)
Free healthcare for factory owners C) Canteen facilities, restrooms, and first aid
facilities for workers D) Discounted education for factory employees' children
Answer: C) Canteen facilities, restrooms, and first aid facilities for workers
8. Miscellaneous: Q: What is the purpose of the miscellaneous provisions in the
Factories Act, 1948? A) To regulate factory inspections B) To establish tax
regulations for factories C) To address various other aspects not covered under
specific sections D) To promote factory exports
Answer: C) To address various other aspects not covered under specific sections