THE FACTORY ACT 1948

INTRODUCTION
• In India the first Factories Act was passed in
1881. This Act was basically designed to
protect children and to provide few measures
for health and safety of the workers. This law
was applicable to only those factories, which
employed 100 or more workers. In 1891
another factories Act was passed which
extended to the factories employing 50 or
more workers.
 Definition of a Factory
• “Factory” is defined in Section 2(m) of the Act. It means any
premises including the precincts thereof:
i. Whereon ten or more workers are working, or were working
on any day of the preceding twelve months, and in any part of
which a manufacturing process is being carried on with the
aid of power, or is ordinarily so carried on; or
ii. Whereon twenty or more workers are working, or were
working on any day of the preceding twelve months, and in
any part of which a manufacturing process is being carried on
without the aid of power, or is ordinarily so carried on;
• But does not include a mine subject to the operation of the
Mines Act,1952 or a mobile unit belonging to the Armed
forces of the Union, a railway running shed or a hotel,
restaurant or eating place.
 The following have held to be a
factory
i. Salt works
ii. A shed for ginning and pressing of cotton
iii. A Bidi making shed
iv. A Railway Workshop
v. Composing work for Letter Press Printing
vi. Saw Mills
vii. Place for preparation of foodstuff and other
eatables
 HIGHLIGHTS
• The Factories Act, 1948 came into force on the 1st day of
April,1949 and extends to the whole of India. It was, in fact,
extended to Dadra & Nagar Haveli, Pondicherry in 1963, to
Goa in 1965 and to the State of Jammu & Kashmir in 1970.

• The Factories Act was amended in 1949, 1950, 1954, 1956,

1976 and 1989.

• In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed

that the Act has been 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 owner or the occupier certain obligations to
protect the workers and to secure for them employment in
conditions conducive to their health and safety.
 THE FACTORY ACT 1948 OBJECTIVES
 To Secure working conditions in the Factories
 To ensure that the basic minimum requirements for health.
 To Welfare of the Factory Workers are provided
 To regulate the working hours, leave, holidays , employment of
children and women and young persons
 Importance of factory act 1948
No adult worker shall be required or allowed to work in
a factory:-
(i) for more than forty-eight hours in any week; and/
or
(ii) for more than nine hours in any day.
• Where a worker works in a factory for more than
nine hours in any day or for more than forty-eight
hours in any week, he shall, in respect of overtime
work, be entitled to wages at the rate of twice his
ordinary rate of wages.
• The 'ordinary rate of wages' means the basic wages
plus such allowances, including the cash equivalent
of the advantage accruing through the concessional
sale to workers of food grains and other articles, as
the worker is for the time being entitled to, but does
not include a bonus and wages for overtime work.

• Where a worker is deprived of any of the weekly

holidays, 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.
• 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 least half an hour.
• Adequate provisions have been made for
enforcement of the provisions of the act by
appointing factory inspectors.
• Provisions are also made for appointment of
occupier of factory and various obligations of the
occupier have been set out in the act.
• Additional provisions have been made for various
offences and penalties for the offences.
• Detailed provisions are also made for the
working hours, holidays, leaves, leave with
wages and overtime payment, etc.

• Separate provisions are made for employment

of young persons, which include children and
adolescents. The employment of children
below 14 years of age was stopped.
 DEFINITIONS UNDER THE ACT
Section 2 of the Act contains definitions of the terms used in the
Act.
(a) "Adult" means a person who has completed his eighteenth
year of age [Section 2 (a)];
(b) "Adolescent" means a person who has completed his fifteen
year of age but has not completed his eighteenth year [Section 2
(b)];
(bb) "Calendar year" means the period of twelve months
beginning with the first day of January in any year [Section 2
(d)];
(c) "Child" means a person who has not completed his fifteenth
year of age [Section 2 (c)];
(d) Young person" means a person who is either a child or an
adolescent [Section 2 (d)];
 Occupier (Sec 2(n))
• The person who has ultimate control over the
affairs of factory.
• It includes a partner in case of firm and
director in case of a company.
• In case of government company “Occupier”
need not be a director. In that case person
appointed to manage affaires of the factory
shall be occupier.
 FEATURES OF THE ACT ARE :-
1. Health (Sec 11 to 20)
2. Safety ( Sec 21 to 41)
3. Welfare facilities (Sec 42 to 49)
4. Working hours ( Sec 51 to 62)
5. Welfare of Children and Young Persons
6. Employment of young persons (Sec 67 to 75)
7. Annual Leave with wages (78 to 82)
8. PENALTIES AND PROVISIONS
 HEALTH
Section 11 to 20 of the Factories Act, 1948, deals with the
provisions relating to the of the workers in a factory.
• Cleanliness (Sec. 11):
Every factory shall be kept clean and free from dirty
• Disposal of waste and effluents: There should be such
arrangement in the factory that the wastes (Sec.12)
• Ventilation and Temperature (Sec 13)
• Dust and Fume (Sect. 14)
• Ventilation and Temperature (Sec. 15)
• Overcrowding (Sec. 16)
• Lighting (Sec. 17): There shall be provided and maintained
sufficient and suitable lighting, natural or artificial, or both, in
every part of the factory.
 Drinking water (Sec. 18):
(a) Arrangements shall be made to provide and maintain
sufficient supply of wholesome drinking water.
(b) Provision shall be made for cooling drinking water during hot
weather by effective means and for distribution thereof in
every factory wherein more than two hundred and fifty
workers are ordinarily employed.
(c) Examine as prescribed by the authorities of the supply and
distribution of drinking water in factories.
• Toilet (Sec. 19):
a. separate enclosed accommodation shall be provided
for male and female workers and there should be
adequately lighted and ventilated;
b. they shall be maintained and clean at all times;
c. sweepers shall be employed whose primary duty
would be to keep Toilets and washing places clean.
• Spittoons ( sec.20 )
There shall be provided sufficient number of spittoons
in convenient places and they shall be maintained in a
clean and hygienic condition.
 Safety Measures
• Fencing of machinery – Sec. 21
• Work on near machinery in motion. – Sec 22
• Employment prohibition of young persons on
dangerous machines. –Sec 23
• Casing of new machinery.- Sec 26
• Prohibition of employment of women and
children near cotton openers.- Sec 27
• Hoists and lifts.- Sec 28.
 Welfare Measures
• Washing facilities – Sec 42
• Facilities for storing and drying clothing – Sec 43
• Facilities for sitting – Sec 44
• First-aid appliances – one first aid box not less than one
for every 150 workers–Sec 45
• Canteens when there are 250 or more workers. – Sec 46
• Shelters, rest rooms and lunch rooms when there are 150
or more workers. –Sec 47
• Creches when there are 30 or more women workers. –
Sec 48
• Welfare office when there are 500 or more workers. –
Sec 49
 THE WELFARE OF EMPLOYEES
• Washing facility separately for women and men
• Separate rooms for men and women for drying of clothes
• Separate rest rooms for men and women

Medical Facilities
• First Aid boxes equipped with prescribed medicines
• Ambulance room where 500 or more are employed
• Canteen for use of workers where 250 or more are
employed (150 under Plantation Labour Act)

• lunch room where 150 or more are employed

• crèches where 30 or more women are employed
• appoint welfare officer (s) where 500 or more are
employed )
• notice of dangerous perations
 Working Hours, Spread Over & Overtime of
Adults
• Weekly hours not more than 48 - Sec: 51
• Daily hours, not more than 9 hours. - Sec: 54
• Intervals for rest at least ½ hour on working for 5
hours. - Sec: 55
• Spread over not more than 10½ hours. - Sec: 56
• Overlapping shifts prohibited. - Sec: 58
• Extra wages for overtime double than normal rate of
wages - Sec:59
• Restrictions on employment of women before 6AM
and beyond 7 PM. - Sec: 60
PROHIBITION OF EMPLOYMENT OF YOUNG CHILDREN ( 67):
• No child who has not completed his fourteenth year shall be
required or allowed to work in any factory
EMPLOYMENT OF YOUNG PERSONS
Working hours for children (1) No child shall be employed to work,
in any factory for more than four and a half hours in any day;
2. The working time of all children employed in a factory shall be
limited to two shifts
3. 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.
4. No female child shall be allowed to work in any factory except
between 8 A.M. and 7 P.M.
 Register of child workers
•
A register of child workers should be maintained and to be made
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
(e) the number of his certificate of fitness granted under section
69.

• Notice of work for children (Sec. 72):

a notice of periods of work for children, showing clearly for
every day
 Power to require medical
examination (Sec. 75):
•
Where an Inspector is of the opinion--
(a) that any person working in a factory without a certificate of
fitness is a young person, or
(b) that a young person working in a factory with a certificate of
fitness is no longer fit to work in the capacity
 Token
• Non-adult workers to carry tokens (Sec. 68): A
child who has completed his fourteenth year
or an adolescent shall not be required or
allowed to work in any factory unless he
carries a certificate of fitness and a token
given in reference to such certificate.
 SAFETY
Fencing of machinery (Sec. 21):in every factory, the dangerous parts of all
machineries should be securely fenced.
 Employment of young persons on
dangerous machines Section 23
• provides that young person shall be allowed to work at any
machine to which he has been fully instructed
(a) has received sufficient training in work at the machine, or
(b) is under adequate supervision by a person who has a
through knowledge and experience of the machine.
 Annual Leave with Wages

• A worker having worked for 240 days @ one

day for every 20 days and for a child one day
for working of 15 days.
• Accumulation of leave for 30 days.
 Sec.92 to 106
OFFENCE
• For contravention of the
Provisions of the Act or Rules
• On Continuation of contravention
• On contravention of Chapter IV
pertaining to safety or dangerous
operations.
• Subsequent contravention of
some provisions
• Obstructing Inspectors
PENALTIES
• Imprisonment upto 2 years or
fine upto Rs.1,00,000 or both
• Rs.1000 per day
• Not less than Rs.25000 in case of
death.
• Not less than Rs.5000 in case of
serious injuries.
• Subsequent contravention of
some provisions Imprisonment
upto 3 years or fine not less than
Rs.10, 000 which may extend to
Rs.2, 00,000.
• Imprisonment upto 6 months or
fine upto Rs.10, 000 or both.
 Sec.92 to 106
OFFENCE
• Wrongful disclosing result
pertaining to results of analysis.
• For contravention of the
provisions of Sec.41B, 41C and
41H pertaining to compulsory
disclosure of information by
occupier, specific responsibility of
occupier or right of workers to
work imminent danger.
PENALTIES
• Imprisonment upto 6 months or
fine upto Rs.10, 000 or both.
• Imprisonment upto 7 years with
fine upto Rs.2, 00,000 and on
continuation fine @ Rs.5, 000 per
day.
• Imprisonment of 10 years when
contravention continues for one
year.