Factories Act, 1948

Definition of Factory:
Factory means any premises including the precincts thereof:
A. Whereon ten or more are working or were working on
any day of the preceding 12 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
B. Whereon 20 or more workers are working or were
working on any day of the preceding 12 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.
Definitions
“Adult” means a person who has completed his eighteenth year of age.
“Adolescent” means a person who has completed his fifteenth year of
age but has not completed his eighteenth year.
“Calendar Year” means the period of twelve months beginning with
the first day of January in any year.
“Child” means a person who has not completed his fifteenth year of
age.
“Young Person” means a person who is either a child or an adolescent.
“Day” means a period of twenty - four hours beginning at midnight.
“Week” means a period of seven days beginning at midnight on
Saturday night or such other night as may be approved in writing for a
particular area by the Chief Inspector of Factories.
Definitions
“Power” means electrical energy, or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency.
“Worker” means a person [employed, directly or by or through any agency
(including a contract or) with or without the knowledge of the principal
employer, whether for remuneration or not,] in any manufacturing process,
or in cleaning any part of the machinery or premises used for a
manufacturing process, or in any other kind of work incidental to, or
connected with, the manufacturing process, or the subject of the
manufacturing process.
“Occupier” 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 affairs of the factory shall be occupier.
Definitions
Notice by occupier: The occupier shall, at least fifteen days before he begins to
occupy or use any premises as a factory, send to the Chief Inspector a written
notice containing:
the name and situation of the factory
the name and address of the occupier
the name and address of the owner of the premises
the address to which communications relating to the factory may be sent
the nature of the manufacturing process
the total rated horse power installed or to be installed in the factory
the name of the manager of the factory for the purposes of this Act
the number of workers likely to be employed in the factory
the average number of workers per day employed during the last twelve
months in the case of a factory in existence on the date of the commencement
of this Act
such other particulars as may be prescribed
Definitions
THE INSPECTING STAFF:
State Government may appoint Chief Inspector,
Additional Chief Inspectors, Joint Chief Inspectors,
Deputy Chief Inspectors and Inspectors.
Prescribe their duties and qualifications.
Every District Magistrate shall be an Inspector for his
district.
Every inspector is deemed to be a public servant
within the meaning of the Indian Penal Code.
Definitions
Powers of Inspectors:
Enter factory premises for investigation.
Examine the premises.
Inquire into any accident or dangerous occurrence.
Require the production of any prescribed register or
document.
Seize, or take copies of, any register, record or other document.
Take measurements and photographs and make such
recordings.
Exercise such powers as may be prescribed.
No person shall be compelled under this section to answer any
question or give any evidence tending to incriminate himself.
Health
The Act deals with the provisions ensuring the health of the workers in the
conditions under which work is carried on in factories. These provisions are:
1. Cleanliness: Every factory shall be kept clean and free from effluvia
arising from any drain, privy or other nuisance. This includes that there
should be no accumulation of dirt and refuse and should be removed daily
and entire area should be kept clean.
2. Disposal of wastes and effluents:
Treatment of wastes and effluents and their disposal: Effective
arrangements shall be be made in every factory for the treatment of wastes
and effluents due to the manufacturing process carried on therein, so as to
render them innocuous, and for their disposal.
Rules by the State Government prescribing arrangements: The State
Government may make rules prescribing the arrangements to be made in
this regard. It may also require that the arrangements made shall be
approved by such authority as may be prescribed.
Health
3. Ventilation and temperature:
Maintenance of adequate ventilation and temperature.
Process producing high temperature to be separated.
Standard of adequate ventilation and temperature to be prescribed and
provision of measuring instruments.
Prescription of measures by the State Government to reduce temperatures.
Service of notice by the Chief Inspector on the occupier to adopt measures
for reduction of temperatures.
4. Dust and fume:
Measures for preventation of inhalation or accumulation of dust and
fume.
Exhaust for internal combustion engine.
5. Artificial humidification:
Prescription of standards of humidification- ventilation and cooling of air.
Water used for artificial humidification to be clean.
Health
6. Overcrowding:
Overcrowding injurious to health of workers to be avoided.
9.9/14.2 cubic metres of space per worker.
Notice of maximum of workers to be employed in a workroom.
7. Lighting:
Sufficient and suitable lighting in every part of factory.
Glazed windows and skylights to be kept clean.
Measures for prevention of glare and formations of shadows.
Prescription of standards of sufficient and suitable lighting.
8. Drinking water:
Suitable points for wholesome drinking water.
Drinking points to be legibly marked and to be away from urinal, latrine, etc.,
Cooling of drinking water where more than 250 workers employed.
Health
9. Latrines and urinals:
Separate latrines and urinals for male and female
workers conveniently situated and adequately lighted
and ventilated.
Latrine and urinal accommodation to be of prescribed
types- floors and walls to be glazed and their cleaning.
10. Spittoons:
Sufficient number of spittoons.
Display of notice of provision of spittoons.
Penalty.
Safety
1. Fencing of machinery:
Dangerous part of every machinery to be securely fenced.
Prescription of further precautions by State Government.
2. Work on near machinery in motion:
Examination of machinery in motion by a trained adult male
worker.
Restriction on women and young persons.
3. Employment of young persons on dangerous machines:
Restriction on young persons to work on dangerous machines.
Machines dangerous for young persons to be specified by the
State Government.
Safety
4. Striking gear and devices for cutting off power:
Suitable striking gear to be provided, maintained and used.
Locking device to prevent accidental starting of transmission machinery.
5. Self-acting machines:
Traversing part not allowed to run within a distance of 45 centimeters from any
fixed structure.
6. Casing of new machinery:
ALL machines driven by power and installed should be sunk and effectively
guarded to prevent danger .All machines installed after april 1949 must be
guarded to prevent danger if not punishable with imprisonment up to 3years
or fine of 500 or both
7. Prohibition of employment of women and children near cotton-
openers.
No women or child is allowed to work in cotton opener
Safety
8. Hoists and lifts: Hoists and lifts to be good mechanical construction
and to be properly maintained and examined once in every 6 months.
9. Lifting machines, chains, ropes and lifting tackles:
Cranes and lifting machines, etc., to be good construction and to be
examined once in every 12 months.
Cranes and lifting machines not to be loaded beyond safe working
load.
Crane not to approach within 6 metres of a place where any person is
employed or working.
10. Revolving machinery:
Notice of maximum safe working speed of grindstone or abrasive
wheel, etc., to be kept near machine.
Speeds not to be exceeded.
Safety
11. Pressure plant:
Safe working pressure not to be exceeded.
Rule-making power of the State Government providing for examination
and exemption.
12. Floors, stairs and means of access.
13. Pits, sumps, openings in floors, etc.
14. Excessive weights:
Prohibition on lifting or carrying of excessive weights.
Maximum weights to be lifted or carried to be prescribed.
15. Protection of eyes.
16. Precautions against dangerous fumes:
Prohibition on entry into any chamber, tank, vat, pit, pipes, etc, where any
gas, fume etc., is present.
Practicable measures to be taken for removal of gas, fume, etc.,
Safety
17. Precautions regarding the use of portable electric
light.=not exceeding 24 volts must be used
18. Precautions against explosive or inflammable dust,
gas, etc:
Practicable measures to prevent explosion or ignition of gas,
fume etc.,
Provisions of chokes, vents, etc.,
Special measures where explosive or inflammable gas or
vapour is under pressure greater than atmospheric pressure.
Exemption.
Safety
19. Precautions in case of fire:
Practicable measures to prevent outbreak of fire and its spread.
Familiarity of workers with means of escape.
Rule-making power of the State Government.
Additional measures.
20. Power to require specifications of defective parts or tests of
stability.
21. Safety of building and machinery:
Service of order by Inspector on occupier to take specified measures in
case of dangerous building or machinery or plant.
Prohibition of use where danger is imminent.
22. Maintenance of building.
23. Safety Officers.- 1000 or more employees working requires safety
officers