FACTORIES ACT,1948

BY
MANVI DUTTA
ASSISTANT PROFESSOR
 • The Factories Act, 1948 provides safeguard for workers to protect
health, provides for safety at the workplace when dealing with
machinery, improves the physical conditions of the workplace, and
provides welfare amenities. Only factories are covered by the Act.

INTRODUCTION • The value of workers to streamline factories’ operations is

irreplaceable.
• Their hardwork and dedication help businesses reach heights. Their
well being should be the utmost policy of any firm engaged into
manufacturing.
• Our constitution has enacted Factories Act 1948 to protect the rights
of workers. Every manufacturer, every worker, even every common
man of our society must be aware about the provisions of this Act.
• The Act also restricts the hours of work, provides for overtime and
spread of working hours, and employment of young persons and
women.
• The Factories Act 1948 emphasizes upon regulating health,
physical conditions, forming fair policies for annual leaves and
facilitating welfare amenities. It has laid down special provisions in
respect of young people, women and children who work in the
factories.
 
 APPLICABILITY OF THE ACT

The Act is applicable to any factory 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 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 this does not include a mine,
or a mobile unit belonging to the armed forces of the union, a railway running shed or a
hotel, restaurant or eating place.
 IMPORTANCE

• 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, especially vis-a-vis hazardous processes in factories.
 OBJECTIVES

• The main objectives of the Indian Factories Act, 1948are 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.

1.Working Hours:
According to the provision of working hours of adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a
week. There should be a weekly holiday.

2.Health:
For protecting the health of workers, the Act lays down that every factory shall be kept clean and all necessary precautions shall be taken in this
regard. The factories should have proper drainage system, adequate lighting, ventilation, temperature etc.

Adequate arrangements for drinking water should be made. Sufficient latrine and urinals should be provided at convenient places. These should be
easily accessible to workers and must be kept cleaned.
 OBJECTIVES

• 3. Safety:
In order to provide safety to the workers, the Act provides that the machinery should be fenced, no young person shall work at any dangerous machine, in confined spaces, there
should be provision for man­holes of adequate size so that in case of emergency the workers can escape.

4. Welfare:
For the welfare of the workers, the Act provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers.

Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters, rest rooms’ and lunch rooms, crèches, should be there.

5. Penalties:-
The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence. The following
penalties can be imposed:-
(a) Imprisonment for a term which may extend to one year;
(b) Fine which may extend to one lakh rupees; or
(c) Both fine and imprisonment.

If a worker misuses an appliance related to welfare, safety and health of workers, or in relation to discharge of his duties, he can be imposed a penalty of Rs. 500/-
 WHAT IS A FACTORY ?

According to section 2(m) "factory" 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 (XXXV of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place;

Explanation I--- For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken
into account;

Explanation II.---For the purposes of this clause, the mere fact that an Electronic Data Processing Unit or a Computer Unit is installed in any premises or
part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;
 MEANING OF FACTORY

• “Factory” means any premises where ten or more than ten workers are working or were
working on any day of the preceding twelve months or in any part of which a manufacturing
process is carried out with the aid of power or
• Twenty or more than twenty workers are or were working preceding twelve months and in
any part of which a manufacturing process is being carried out without the aid of power.
• It specifically excludes: 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.
 MEANING OF PREMISES

The word 'premises' means open land or land with building or building alone.Therefore salt works
where process of converting seawater into salt is carried on in the open comes within `premises' as
defined in the Act. [(ARDESHIR H. BHIWANDIWALA v. State of Bombay, A.I.R. 1962 SC 29.)]
Precincts means a space enclosed by wall. [(in re K.V.V. Sharma v. Manager, Gemini Studio, Madras,
A.I.R 1953 Mad. 29.)] Any `premises' to be categorised as factory two conditions must be fulfilled.
1. Ten or more persons are employed in the premises using power or be employed not using power.
2. Twenty or more workers must be employed not using power.
3. Manufacturing Process
 MANUFACTURING PROCESS

The expression "manufacturing process" has been defined in Section 2(k) to mean any process.
i. making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or
otherwise treating or adapting 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, refitting, finishing or breaking up ships or vessels; or
vi. preserving or storing any article in cold storage.
CASE LAWS UNDER MANUFACTURING PROCESS

• It was held in State of Bombay v Ali Saheb Kashim Tamboli, -[(1995) 2 LLJ 182.)] that bidi making is
a manufacturing process.
• In Ardeshir v Bombay State [(Air 1962 SC 29.)] the process carried out in the salt works comes within
the definition of `manufacturing process' in Section 2 (k) in as much as salt can be said to have been
manufactured from sea water by the process of treatment and adaptation of sea water into salt.
• In re K. V V Sharma [((1950) 1 LLJ 29.)] conversion of raw films into a finished product was held to be
a manufacturing process. Similarly in New Taj Mahal Cafe Ltd., Managalore v. Inspector of Factories,
Managalore, 1956 1 LLJ 273 the preparation of foodstuffs and other eatable in the kitchen of a restaurant
and use of a refrigerator for treating or adapting any article with a view to its sale were also held to be
manufacturing process.
 WHO IS A WORKER ?

Section 2 (1) of the Factories Act, 1,948 defines a "worker" to mean:

A person employed, directly or through any agency (including a contractor) with or without
knowledge of 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 but does not include any member of the
armed forces of the Union.
 WHO IS A WORKER ?

• Broadly speaking, therefore, worker is a person :

i. who is employed;
ii. who is employed either directly or through any agency;
iii. who is employed in any manufacturing process, or in clearing 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.
• If the aforesaid conditions are satisfied, then it is immaterial whether a person was employed
for remuneration or not.
 CASE LAWS

• In Chintaman Rao v State of Madhya Pradesh,[(AIR 1958 All 44.)] the factory entered into contracts with independent
contractors known as sattedars. The sattedars were supplied tobacco by the factories and, in some cases, bidi leaves also. The
sattedars were neither bound to work in the factory nor were they bound to prepare the bidis themselves but could get them
prepared by others. In fact they engaged coolies for rolling bidis and made payments to them. They used to collect bidis from
these coolies and take them to the factory where the bidis were sorted and checked by the workers of the factory. The factory
made payments to the sattedars for work of rolling bidis. The Supreme Court gave the restricted meaning to words "directly or
through any agency" in Section 2(l) and held that (i) worker was a person employed by the management and (ii) there must be
a contract of service and a relationship of master and servant between them. On the facts of the case the Supreme Court held
that the sattedars were independent contractors and they and the coolies engaged by them for rolling bidis were not workers.
• In Dharangadhra Chemical Works v. State of Saurashtra, [(A I R 1957 SC 264)] the Supreme Court held that the test of
the relationship of master and servant is -the master's right of superintendence and control of the method of doing the work.
• In State of Kerala v V M Patel, [1961(1) LLJ 549 (SC)] the Supreme Court held that the work of garbling pepper by
winnowing, cleaning, washing and drying in lime and laid out to dry in a warehouse are manufacturing processes and
therefore the persons employed in these processes were workers within the meaning of Section 2(I) of the Act.
 CASE LAWS

• In Shankar Balaji Waje v. State of Maharashtra, [(AIR 1957 SC 517)] Pandurang was engaged for rolling bidis.
Although the hours of work were fixed but there was no obligation to attend during those hours. There was freedom to
come and go. There was no faxed salary nor actual supervision on the work. Payment was made on the quantum of
work. The Supreme Court held that such person were not workers because there was no control and the supervision over
pandurang.
• In Birdh Chand Sharma v First Civil Judge, Nagpur, [(AIR 1961 SC 644)] where the respondents prepared bidis at
the factory and they were not at liberty to work at their homes. They worked within certain hours which were the factory
hours. They were, however, not bound to work for the entire period and they could go whenever they like. Their
attendance was noted in the factory. They could come and go away at any time they liked. However no worker was
allowed to work after midday even though the factory was closed at 7 p.m. and no worker was allowed to continue work
after 7 p.m. There were standing orders in the factory and, according to these orders a worker who remained absent for
eight days presumably without leave could &_ removed. The payment was made on piece rate according to the quantum
of work done, but the management had the right to reject such bidis as dad not come up to the proper standard. On these
facts the Supreme Court held that respondents were workers under section 2 (1) of the Act.
 OCCUPIER

• Section 2 (n) of the Act defines "occupier" of a factory to mean The person who has ultimate control over the affairs of the factory: Provided that -

i. in the case of a farm or other association of individuals, any one of the individual partners or members thereof shall be deemed to. be the occupier;
ii. in the case of a company, any one of the directors shall be deemed to the occupier;
iii. in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may, be shall deemed to be the occupier;
• Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire,
1.  the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under -
1.  Section 6, Section 7, Section 7-A, Section 7-B, Section 11 or Section 12;
2. Section 17, in so far as it relates to the providing and maintenance of sufficient suitable lighting in or around the dock;
3. Section 18, Section 19, Section 42, Section 46, Section 47 or Section 49, in relation to the workers employed on such repair or maintenance;

2. the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-
in- charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purpose of any matter provided for by or under Section 13,
Section 14, Section 16 or Section 17 (save as otherwise provided in this provided) or Chapter IV (except Section 2'7) or Section 43, Section 44 or Section 45,
Chapter VI, Chapter VII, Chapter VIII or Chapter IX or Section 108, Section 109 or Section 110, in relation to
1.  the workers employed directly by him, or by or through any agency; and
2.  the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other Officer- incharge or person;
 NOTICE BY OCCUPIER (SECTION 7)

The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory, send a notice to the
Chief Inspector containing-
a. The name and situation of the factory;
b. The name and address of the occupier;
c. The name and address of the owner of the premises
d. The address to which communications relating to the factory may be sent;
e. The nature of the manufacturing process;
f. The total rated horse power installed or to be installed in the factory;
g. The name of the manager of the factory for the purposes of this Act;
h. The number of workers likely to be employed in the factory;
Such other particulars as may be prescribed.
 GENERAL DUTIES OF AN OCCUPIER

Section 7A has been inserted by the Factories (Amendment) Act and the new section lays down the
general duties of an occupier as follows :
• Plant maintenance that is safe and without risk to health of workers.
• Safeguard health and safety with the use, handling, storage and transport of articles and substance.
• Provide information, instruction, training and supervision to ensure health and safety of all workers.
• Monitoring of work environment.
It also lays down a duty on the occupier to prepare 9 written statements of policy with respect to the
health and safety of workers and to give notice to the workers as per rules.
 GENERAL DUTIES OF AN OCCUPIER

• General duties of manufacturers etc. as regards articles and substances for use in factories
(for the purpose of this section 7B, article includes plant and machinery). It lays down
general duties of designers, manufacturers; importers, suppliers. As regard the articles and
substances used in the factory, it Would be the duty of the designers to ensure that the
articles designed would be safe and without risk to the health of the workers. It would also
be this duty to carry out necessary tests and provide adequate information regarding of
safety and risk to health.
• Importers of articles also will have to ensure that articles imported conforms to the standard
set out in the country or of the standard adopted outside the country.
 EXEMPTION OF OCCUPIER OR MANAGER FROM
LIABILITY IN CERTAIN CASES
Section 101 provides exemptions from liability of occupier or manager. It permits an
occupier or manager of a factory who is charged with an offence punishable under the act to
bring into the court any other person whom he charges actual offender and also proves to
the satisfaction of the court that :
a. He has used due diligence to enforce the execution of this Act.
b. That the offence in question was committed without his knowledge, consent or
connivance, by the said other person.
STATUTORY AGENCIES AND THEIR POWERS FOR
ENFORCEMENT OF THE ACT
• Section 3 empowers the State government to make rules for references to time of the day
where Indian Standard Time, being 5.5 hours ahead of Greenwich Mean-time is not
ordinarily observed therein, and permit such time to be observed in all or any of the
factories situated in the area.
• The state government assumes power under Section 4 of the act to declare different
department to be separate factories or two or more factories to be single factory for the
purposes of the act.
 STATUTORY AGENCIES

The State government carry out the administration of the Act through:
• Inspecting Staff
• Certifying Surgeons
• Welfare Officers
• Safety Officers
 INSPECTORS (SECTION 8)

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 IPC.
 POWERS OF INSPECTORS (SECTION 9)

1. Enter factory premises for investigation Examine the premises

2. Inquire into any accident or dangerous occurrence
3. Require the production of any prescribed register or document
4. Seize, or take copies of, any register, record or other document
5. Take measurements and photographs and make such recordings
6. Exercise such other powers as may be prescribed
7. No person shall be compelled under this section to answer any question or give any evidence
tending to incriminate himself
 CERTIFYING SURGEON (SECTION 10)

State Government may appoint qualified medical practitioners to be certifying surgeons

Duties of surgeons
a) the examination and certification of young persons under this Act;
b) the examination of persons engaged in factories in such dangerous occupations or processes
c) supervising the factories where:
• cases of illness have occurred which are due to the nature of the manufacturing process or
• due to manufacturing process there is a likelihood of injury to the health of workers or
• young persons are employed in any work which is likely to cause injury to their health.
 WELFARE OFFICER (SECTION 49)

• Section 49 of the Act imposes statutory obligation upon the occupier of the factory of the
appointment of welfare officer/s wherein 500 or more workers are ordinarily employed.
• Duties, qualifications and conditions of service may be prescribed by the State
Government.
 SAFETY OFFICER (SECTION 40-B)

• It empowers the State Government for directing a occupier of factory to employ such
number of Safety Officer/s as specified by it where more than 1,000 workers are
employed or where manufacturing process involves risk of bodily injury, poisoning or
disease or any other hazard to health of the persons employed therein.
• The duties, qualifications and working conditions may be prescribed by the State
Government.
 HEALTH PROVISIONS (SECTION 11-20)

Chapter III of Factories Act contain details regarding health of workers. Let us discuss these provisions:
• Cleanliness (sec.11)
• Disposal of Wastes & Effluents (sec.12)
• Ventilations & Temperature (sec.13)
• Dust & Fumes (sec.14)
• Artificial Humidification (sec. 15)
• Overcrowding (sec.16)
• Lighting (sec.17)
• Drinking Water (sec.18)
• Latrines & Urinals (sec.19)
• Spittoons (sec.20)
 CLEANLINESS (SECTION 11)

• Accumulation of dirt shall be removed daily.

• The floor of every workroom shall be cleaned at least once in a week.
• All inside walls, partitions, ceilings must be repainted or varnished once in every five
years.
• All doors and windows frames other wooden or metallic framework and shutters shall be
kept painted or varnished i.e. white-wash every 14 weeks and paint / varnish every 5
years.
 DISPOSAL OF WASTES AND EFFLUENTS

• Every occupier of a factory shall make effective arrangements for the treatment of wastes
and effluents due to the manufacturing process carried on in the factory so as to render
them innocuous and for their disposal.
• Such arrangements should be in accordance with the rules, if any, laid down by the State
Government.
• If the State Government has not laid down any rules in this respect, arrangements made
by the occupier should be approved by the State Government.
 VENTILATIONS & TEMPERATURE (SECTION 13)

• Adequate ventilation by the circulation of fresh air.

• Reasonable temperature must be maintained.
• The State Government has been empowered to lay down the standard of adequate
ventilation and reasonable body temperature for any factory or class or description of
factories or parts thereof.
• It may direct that proper measuring instruments at such places and in such position as
may be specified shall be provided and prescribed records shall be maintained.
 MEASURES TO REDUCE EXCESSIVELY HIGH
TEMPERATURE
To prevent excessive heating of any workroom, the following measures shall be adopted:
1. Walls and roofs shall be of such materials and so designed the reasonable temperature does
not exceed but kept as low as possible.
2. Where the nature of work carried on in the factory generates excessively high temperature,
following measures should be adopted to protect the workers:
• By separating such process from the workroom
• Insulating the hot parts; or
• Adopting any other effective method which will protect the workers.
 DUST AND FUME (SECTION 14)

• The exhaust fumes of internal combustions engines must be conducted outside of the
factory.
• Injurious or offensive dust and fumes must be inhaled or accumulated.
 MEASURES ADOPTED REGARDING DUST AND
FUME
• Effective measures should be taken to prevent the inhalation and accumulation of dust, fumes, etc, in the work-
rooms.
• Wherever necessary, an exhaust appliances should be fitted, as far as possible, to the point of origin of dust fumes or
other impurities. Such point shall be enclosed as far as possible.
• In stationery internal combustion engine and exhaust should be connected into the open air.
• In cases of other internal combustion engine, effective measures should be taken to prevent the accumulation of
fumes therefrom.
• It may be pointed that the evidence of actual injury to health is not necessary. If the dust or fumes by reason of
manufacturing process is given off in such quantity that is injurious or offensive to the health of the workers
employed therein, the offence is committed in this section.
• Lastly the offence committed is a continuing offence. If it is an offence on a particular date, it does not cease to be an
offence on the next day and so on until the deficiency is rectified.
 ARTIFICIAL HUMIDIFICATION (SECTION 15)

1. In respect of all factories in which the humidity of the air is artificially increased, the State
Government may make rules,
i. prescribing standards of humidification;
ii. regulating the methods used for artificially increasing the humidity of the air;
iii. directing prescribed tests for determining the humidity of the air to be correctly carried
out and recorded;
iv. prescribing methods to be adopted for securing adequate ventilation and cooling of the air
in the workrooms.
 ARTIFICIAL HUMIDIFICATION (SECTION 15)

2. In any factory in which the humidity of the air is artificially increased, the water used
for the purpose shall be taken from a public supply, or other source of drinking water,
or shall be effectively purified before it is so used.
For example: In certain industries like cotton, textile, cigarette, etc., higher degree of
humidity is required for carrying out the manufacturing process. For this purpose, humidity
of the air is artificially increased. This increase or decrease in humidity adversely affects the
health of workers.
3. It empowers the Inspector to order, in writing, the manager of the factory to carry out
specified measures, before a specified date, for purification of the water.
 OVERCROWDING (SECTION 16)

• The overcrowding affects the workmen not only in the discharge of duties but also their health.
• The working space should be 9.9 cubic meters of space per worker in every workroom before the commencement of this
Act.
• And after the commencement of this Act, the space per worker is 14.2 cubic meter.
• For calculating the work area, the space more than 4.2 metres above the level of the floor, will not be taken into
consideration.
• Posting of notice: Section 16(3) empowers the Chief Inspector who may direct in writing the display of a notice in the
work-room, specifying the maximum number of workers which can be employed in that room. According to Section
108, notice should be in English and in a language understood by the majority of the workers. It should be displayed at
some conspicuous and convenient place at or near, the entrance. It should be maintained in clean and legible conditions.
• Exemptions: The Chief Inspector may by order in writing, exempt any work-room from provisions of this section,
subject to such conditions as he may think fit to impose, if he is satisfied that non-compliance of such provision will
have no adverse effect on the health of the workers employed in such work-room.
 LIGHTING (SECTION 17)

• There shall be provided and maintained sufficient and suitable lighting, natural or artificial, or
both, in every part of the factory.
• In every factory all glazed windows and skylights be used and workrooms shall be kept clean
on both the inner and outer surface.
• In every factory effective provision shall, so far as is practicable, be made for the prevention of
glare, either directly from a source of light or by reflection from a smooth or polished surface;
• The State Government is empowered to lay down standard of sufficient and suitable lighting
for factories for any class or description of factories or for any manufacturing process.
 DRINKING WATER (SECTION 18)

• The place of drinking water shall not be situated within six meters of any washing place,
urinal, spittoon, open drain or any source of contamination.
• Effective arrangements shall be made to provide a sufficient supply of wholesome drinking
water.
• In case where more than 250 workers are ordinarily employed, effective arrangements
should be made for cooling drinking water during hot weather. In such cases, arrangements
should also be made for the distribution of water to the workers.
• The State Government is empowered to make rules for the compliance of above stated
provisions and for the examination, by prescribed authorities, of the supply and distribution
of drinking water in factories.
 LATRINES AND URINALS (SECTION 19)

• Sufficient latrine and urinal accommodation of prescribed types shall be provided and
conveniently situated to make them accessible to workers at all times while they are at the
factory.
• It should be adequately lighted, ventilated.
• Latrines and urinals must be kept in a clean and sanitary condition.
SPITTOONS (SECTION 20)

• There should be sufficient number of spittoons in convenient place.

• It must be maintained in a clean and hygienic condition.
• No persons shall spit expect in the spittoons.
 CHAPTER IV DEALS WITH SAFETY OF WORKERS :
• Fencing of Machinery (Section 21)
• Machines in Motion (Section 22)
• Employment of young persons on dangerous machines (Section 23)
• Striking Gears (Section 24)
• Self acting machines (Section 25)
• Casing of new machines (Section 26)
• Cotton openers (Section 27)
• Hoists and Lifts (Section 28)
• Lifting machines, chains, ropes & lifting tackles[Sec.29]

SAFETY PROVISIONS
• Revolving machines[Sec.30]
• Pressure plant[Sec.31]
(SECTIONS 21-40) • Floors, Stairs etc.[Sec.32]
• Pits, sumps, openings in floors etc.[Sec.33]
• Excessive weights[Sec.34]
• Protection of eyes[Sec.35]
• Dangerous fumes etc[Sec.36]
• Explosive or inflammable dust, gas, etc.[Sec.37]
• Precautions in case of fire[Sec.38]
• Role of inspector[Sec.39,40]
• Safety officer[Sec.40B]
FENCING OF MACHINERY (SECTION 21)

• Section 21 (1) requires that in every factory, the following must be securely fenced by safe guards of substantial construction while the machinery
are in motion or use :
i. every moving part of a prime mover and fly wheel connected to prime mover, whether the prime mover or fly-wheel is in the engine house or
not;
ii. the headrace and tailrace of every water-wheel and water turbine;
iii. any part of stock-bar which projects beyond the head stock of a lathe; and
iv. unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were
securely fenced, the following, namely,
a) every part of electric generator, a motor or rotary converter;
b) every part of transmission machinery; and
c) every dangerous part of any other machinery;
• shall be securely fenced by safeguards of substantial construction which shall be cosistently maintained and kept in position while the parts of
machinery they are fencing are in motion or in use.
• Every dangerous parts must be securely fenced.
• The State Government may by rules prescribe such further precautions.
 • Section 22 (1) requires that, where in the factory it is essential to examine any part of the machinery (referred to in
Section 21) while it is in motion or as a result of such examination, it is necessary to carry out:

a. lubrication or other adjusting operation; or

b. any mounting or shipping of belts or lubrication or other adjusting operation.

MACHINES IN • Such examination or operation shall be made or carried out only by a specially trained Adult male worker wearing
tight-fitting clothing (which shall be supplied by the occupier) which name has been recorded in the register prescribed
MOTIONS[SEC.22] in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged:

a) such worker shall not handle a belt at a moving pulley unless:

i. the belt is not more than fifteen centimeters in width;

ii. the pulley is normally for the purpose of drive and not merely a flywheel or balance wheel (in which case a belt is
not permissible);

iii. the belt joint is either laced or flush with the belt;

iv. the belt, including the joint and the pulley rim, are in good repair;

v. then: is reasonable clearance between the pulley and any fixed plant or structure;

vi. secure foothold and, where necessary, secure handhold, are provided for the operator; and

vii. anyladderinuseforcarryingoutanyexaminationtooperationaforesaidis securely fixed or lashed or is firmly held by a

second person.

b. without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and
key on any revolving shaft, spindle, wheel, or pinion, and all spur, worm and other toothed or friction gearing in
motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent
such contact.

• Examination of machinery in motion only by a specially trained adult male worker wearing tight fitting clothing.

• No women or child should be allowed to work.

 EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINES
[SEC.23]

• Section 23 prohibits the employment of a young person on dangerous machine unless he

has been fully instructed as to the dangers arising from machine and the precautions to be
observed and (i) has received sufficient training in work at the machine, or (ii) is under
adequate supervision by a person who has a thorough knowledge and experience of the
machine.
• No young person should be allowed to work on dangerous machines (unless he has been
trained,and is under supervision).
• Young person = 14 to 18.
 STRIKING GEARS [SEC.24]

• In order to move the driving belt to and from fast and loose pulleys in transmission
machine and prevent the belt from creeping back onto the fast pulley, suitable striking
gear or other efficient mechanical appliance shall be provided, maintained and used.
• No driving belt when mused shall be allowed to rut or ride upon shafting in motion.
Suitable devices are also maintained in every workroom for cutting off power
emergencies.
• There should be suitable striking gears etc. to switch off the power, so that if there is any
emergency, problem can be solved.
 SELF ACTING MACHINES [SEC.25]

• Section 25 of the Factories Act provides further safeguards to the workers injured by self-
acting machines. It provides:
• No traversing part of a self-acting machine in any factory and no material carried thereon shall,
if the space over which it runs is a space over which any person is liable to pass, m1hoefficer in
the course of his employment or otherwise, be allowed to run on its outward or inward traverse
within a distance of forty five centimeters from any fixed structure which is not part of the
machine.
• Make sure that no person should walk in a space within 45 cm from any fixed structure which
is not a part of machine.
 CASING OF NEW MACHINES[SEC.26]

• Section 26 (1) provides that in all machinery driven by power, after the commencement of the Factories Act, 1948,
every set screw; bolt or key on any revolving shaft, spindle, wheel or pinion shall be sunk, encased or effectively
guarded as to prevent danger. [Section 26 (2)].
• Further, all spur, worm and other toothed or friction gearing not requiring frequent adjustment while in motion shall be
completely encased, unless they are safely situated.
• Furthermore, Section 26 (2) provides that, whoever sells or lets on hire or; as agent of the seller or hirer, cares or
procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the
provisions of sub-section (1), or any rules made under sub-section (3), shall be punishable with imprisonment for a
term which may- extend to three months or with fine which may extend to Rs 500 or with both. Under the Act, the
State Government is empowerd to make rules for the safeguards to be provided form dangerous part of the machinery,
• All machinery driven by power & installed should be so sunk, encased or otherwise effectively guarded as to prevent
danger.
 COTTON OPENERS (SECTION 27)

• The Factories Act, 1948 prohibits the employment of women and children in any part of
the factory for pressing cotton where the cotton opener is at work.
• But if the feed- end of the cotton-opener is in a room separated from the delivery and by a
partition extending to the roof or to such height as the inspector may in any particular
case specify in writing, women and children may be employed on the side of the partition
where feed-end is situated. (Section 27).
• No women and children are allowed to work on cotton openers.
 HOISTS AND LIFTS (SECTION 28)

• Section 28 (I) requires that hoists and lifts must be of good mechanical construction,
sound material and adequate strength.
• They should not 'only be properly maintain but also thoroughly examined at least twice a
year by competent persons.
• Every hoist and lift should be in good condition, and properly checked.
• The maximum load it can carry – must be clearly mentioned.
• The gates should be locked by interlocking / safe method (it should not open in
between).
• To be properly examined in every 6 months.
LIFTING MACHINES, CHAINS, ROPES & LIFTING TACKLES [SEC.29]

• Cranes & lifting machines, etc. to be of good construction & to be examined once in
every 12 month.
• Cranes and lifting machines not to be loaded beyond safe working load.
• Cranes not to be approach within 6 metres of a place where any person is employed or
working.
 REVOLVING MACHINES [SEC.30]

• Section 30 (1) provides that a notice indicating the maximum safe working peripheral speed
of the grindstone or abrasive wheel the speed of the shaft, or spindle, must be permanently
affixed on all rooms in a factory where grinding is carried on the speeds indicated in notices
under sub-section (1) shall not be exceeded. [Sub-section (2) of Section 30].
• Similarly, care shall be taken not to exceed the safe working peripheral speed of every
revolving machine like revolving vessel, cage, basket, fly-wheel, pulley, disc or similar
appliances run by power. [Sub-section (3) of Section 30].
• Maximum safe speed must be mentioned for each machine.
• Speed indicated in notices should not to be exceeded.
 PRESSURE PLANT [SEC.31]

• Section 31 (1) provides that effective measures should be taken to ensure safe working
pressure of any part of the plant or machinery used in the manufacturing process
operating at a pressure above the atmospheric pressure.
• There should be safe working pressure on pressure plants.
• Effective measures should be taken to ensure that the safe working pressure is not
exceeded.
 FLOORS, STAIRS ETC.[SEC.32]

• All floors, steps, stairs, passages & gangways should be of sound construction & properly
mentioned.
PITS, SUMPS, OPENINGS IN FLOORS ETC. [SEC.33]

• Section 33 (1), of the Factories Act, 1948 requires that every fixed vessel, sump, tank, pit
or opening in the ground or in the floor in every factory should be covered or securely
fenced, if be reason of its depth, situation, construction or contents, they are or can be a
source of danger.
• Section 33 (2) empowers the State Government to grant exemption from compliance of
the provision of this section (i) in respect of any item mentioned in the section, (ii) to any
factory or class of factories, and (iii) on such condition as may be provided in the rules.
• Pits, sumps etc. should be securely covered or fences.
 EXCESSIVE WEIGHTS [SEC.34]

• No person should be employed to hold more weight than the person can hold.
 PROTECTION OF EYES[SEC.35]

• Provide goggles if workers have to work on something stretching to the eyes.

 DANGEROUS FUMES ETC [SEC.36]

• In order to prevent the factory workers. against dangerous fumes, special measures have been taken under the
Factories Act.
• The Act prohibits entry in any chamber, tank, vat, pit, pipe, flue, or other confined space in any factory in
which any gas, fume, vapour or dust is likely to be present, to such. an extent as to involve risk to persons
being overcome thereby, except in cases where there is a provision of a manhole of adequate size or other
effective means of egress. [Section 36 (1)].
• No person shall be required or allowed to enter any confined space such as is referred to in sub-section (1)
until all practicable measures have been taken to actually remove the gas, fumes or dust, which may be
present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume,
vapour or dust unless [Section 36 (2)].
• Prohibited to employ workers in places where dangerous gas / fume is present.
• Practicable measures should be taken for removal of gas, fume, etc.
 EXPLOSIVE OR INFLAMMABLE DUST, GAS, ETC. [SEC.37]

• These measures include :

(i) effective enclosures of the plant or machinery used in the process;
(ii) removal or prevention of the accumulation of such dust, gas or vapour;
(iii) exclusion or effective enclosure of all possible sources of ignigion. [Section 37 (i)].
• Take all measures for safety and to prevent explosion on ignition of gas, fume,etc.
 PRECAUTIONS IN CASE OF FIRE [SEC.38]

• In every factory all practical measures shall be taken to prevent outbreak of fire and its
spread, both internally and externally, and to provide and maintain
(i) safe means of escape for all persons in the event of fire, and
(ii) the necessary equipment and facilities for extinguishing fire. Further effective
measures should be taken to ensure that in every factory all the workers are familiar
with the means of escape in case of fire and have been trained in the routine to be
followed in such cases
• There should be separate exit for cases of fire.
• There should be facilities for extinguishing fire.
 ROLE OF INSPECTOR [SEC.39,40,40A]

• In order to ensure safety, the inspector is empowered to serve on the occupier or Manager
(or both) of the factory an order specifying the measures to be taken and requiring the
same to be carried out if it appears to him that any building or part of a building in a
factory is in such a state of disrepair as is likely to lead to conditions detrimental to the
health and welfare of the workers. (Section 40-A).
• Section 39, 40 and 40A talk about various roles that have been assigned to the inspector.
• He may call for details regarding building, machines, etc.
 SAFETY OFFICER (SECTION 40B)

• In order to prevent accidents, the Act provides for the appointment of Safety Officers in
factories employing 1,000 or more workers or where 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 1000 or more workers are employed, appoint a separate safety officer.
 POWER TO MAKE RULE TO SUPPLEMENT THIS
CHAPTER (SECTION 41)
• This is vested in the State Government under Section 41 for such devices and measures to
secure the safety of the workers employed in the factory.
 PROVISIONS RELATING TO HAZARDOUS
PROCESSES
• Section 2 (cb) of the Factories (Amendment) Act, 1987 defines the term "harardous process" as
any process or activity in relation to an industry specified in the First Schedule where, unless
special care is taken, raw materials used therein or the intermediate or finished products, bye-
products, wastes or effluents thereof would :
i)  cause material impairment to the helath 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.
 (i) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a
factory involving hazardous process or for the expansion of any such factory, appoint a Site Appraisal committee consisting of-
a. the Chief Inspector of the State who shall be its Chairman,
b. a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under

CONSTITUTION OF
Section 3 of the Water (Prevention and Control of Pollution) Act, 1974;
c. a representative of the Central Board for the Prevention and Control of Air Pollution referred to in Section 3 of the Air (Prevention

SITE APPRAISAL and control of Pollution) Act, 1981;

d. a representative of the State Board appointed under Section 4 of the Water (Prevention and Control of Pollution) Act, 1974;

COMMITTEE e. a representative of the Central Board for the Prevention and control of Air Pollution referred to in Section 5 of the Air (Prevention and
Control of Pollution) Act, 1981;
f. a representative of the Department of Environment in the State;
g. a representative of the Meteorological Department of the Government of India;
h. an expert in the field of occupational health; and
1. a representative of the Town Planning Department of the State Government, and not more than five other members who may be co-
opted by the State Government who shall be-
• a scientist having specialised knowledge of the hazardous process which will be involved in the factory,
• a representative of the local authority within whose jurisdiction the factory is to be established, and
• not more than three other persons as deemed fit by the, State Government.
2. The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make
its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form.
3. Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or
controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated
by the Central Government as a member of that Committee.
4. The State Appraisal committee shall have power to call for any information from the person making an application for the
establishment or expansion of a factory involving a hazardous process.
5. Where the State Government has granted approval to an application for the establishment or expansion of a factory involving a
hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board
 COMPULSORY DISCLOSURE OF INFORMATION
BY THE OCCUPIER
1. The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all
information regarding dangers, health hazards and the measures to overcome them arising from the exposure to or
handling of the materials or substances in the manufacture, transportation, storage and other processes to :
• Workers employed in the factory
• the Chief Inspector,
• the local authority within whose jurisdiction the factory is situated and
• general public in the vicinity.
• Section 41-B (2) provided that at the time of registering the factory involving a hazardous process, the occupier shall
lay down a detailed policy with respect to the health and safety of the workers-and intimate such policy to the Chief
Inspector and the local authority.
 COMPULSORY DISCLOSURE OF INFORMATION
BY THE OCCUPIER
3) Such information, shall include accurate information as to the quantity, specifications and other characteristics of wastes and manner of their
disposal (Sub-section 3).
4) Every occupier with the approval of the Chief Inspector, shall draw up an on site emergency plan and detailed disaster control measures for
his factory and make known to the workers employed therein and to the general, 4 public living in the vicinity of the factory the safety
measures required to be taken the event of an accident taking place. [Sub-section 4]
5) Every occupier of the factory is under an obligation to inform the Chief Inspector of the nature and details of the process in such form and in
such manner as may by prescribed. [Sub-section 5].
6) On contravention of the provisions of sub-section (5), the licence issued under Section 6 to such factory shall, be cancelled and the occupier
shall he liable to penalty (Sub-section 6).
7) The occupier of the factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the
handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside
the factory premises and publicise them in the prescribed manner among the workers and the general public living in the vicinity (Sub-section
7).
 SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN
RELATION TO HAZARDOUS PROCESS
• Under section 41-C every occupier of a factory involving any hazardous process is required
(a) maintain accurate and up-to-date health records or, the case may be, medical records, of the workers in
the factory who are exposed to any chemical, toxic or any other harmful substances which are
manufactured, stroed, handled or transported and such records shall be accessible to the workers subject
to prescribed conditions; and
(b) appoint persons who possess qualifications and experience in handling hazardous substances and are
competent to supervise such handling within the factory and to provide at the working place all the
necessary facilities for protecting the workers in the prescribed manner.
(c) provide for medical examination of every worker- (i) before such worker is assigned to a job involving
the handling of, or working with, a hazardous substance, and (ii) while continuing in such job, and after
he has ceased to work in such job, at intervals not exceeding twelve months, in prescribed manner.
 POWERS OF CENTRAL GOVERNMENT TO
APPOINT INQUIRY COMMITTEE
1. The Central government may, in the event of the occurrence of an extraordinary situation involving
a factory engaged in hazardous process, appoint an Inquiry Committee to inquire into the standards
of health and safety observed in the factory with a view to finding out the causes of any failure of
neglect in the adoption of any measures or standards prescribed for the health and safety of the
workers employed in the factory or the general public affected, or likely to be affected, due to such
failure or neglect and for the prevention and recurrence of such extraordinary situations in further in
such factory or elsewhere.
2. The Committee appointed under sub-section (1) shall consist of a Chairman and two other members
and the terms reference of the Committee and the tenure of office of its members shall be such as
may be determined by the Central Government according to the requirements of the situation.
3. The recommendation of the Committee shall be advisory in nature.
 EMERGENCY STANDARDS

1. Where the Central Government is satisfied that no standards of safety have been
prescribed in respect of a hazardous process or class of hazardous processes, or where the
standards so prescribed are inadequate, it may direct the Director- General of Factory
Advice Service and Labour Institutes or any institution specialised in matters relating to
standards of safety in hazardous processes, to lay down emergency standards for
enforcement of suitable standards in respect of such hazardous processes.
2. The emergency standards laid down under sub-section (1) shall, until they are
incorporated in the rules made under this Act, be enforceable and have the same effect as
if they had been incorporated in the rules made under this Act.
 PERMISSIBLE LIMITS OF EXPOSURE OF
CHEMICAL AND TOXIC SUBSTANCES
• The maximum permissible threshold limits of exposure of chemical and toxic substances
in manufacturing processes (whether hazardous or otherwise) in any factory shall be of
the value indicated in Second Schedule.
 WORKER'S PARTICIPATION IS SAFETY
MANAGEMENT
1. The occupier shall, in every factory, where a hazardous process takes place, or where
hazardous substance are used or handled, set up a Safety Committee consisting of equal
number or representative of workers and management to promote co-operation between
the workers and management in maintaining proper safety and health at work and to
review periodically the measure taken in that behalf : Provided that the State Government
may, by order in writing and for reasons to be recorded, exempt the occupier of any
factory or class of factories from setting up such Committee.
2. The composition of the Safety Committee, the tenure or office of its members and their
rights and duties shall be such as may be prescribed.
 RIGHT OF WORKERS TO WARN ABOUT
IMMINENT DANGER
• Where the workers employed in any factory engaged in a hazardous process have reasonable
apprehension that there is a likelihood of imminent danger to ;' their lives or health due to any accident,
they may bring the same to the notice of the occupier, agent, manager or any other person who is
incharge of the factory or the process concerned directly or through their representatives in the Safety
Committee and simultaneously bring the same to the notice of the Inspector
• It shall be the duty of such occupier agent , manager or the person incharge or the factory or process to
take immediate remedial action if is satisfied about the existence of such imminent danger and send a
report forthwith of the action taken to the nearest Inspector.
• If the occupier , agent, manager or the person incharge referred to in Sub-section(2) is not satisfied about
the existence of any imminent danger as apprehended by the worker , he shall , nevertheless , refer the
matter forthwith to the nearest Inspector whose decision on the question of the existence of such
imminent danger shall be final.
 WELFARE MEASURES

• The welfare measures involve three major aspects which are - occupational health care, suitable working time and
appropriate salary.
• It refers to the physical, mental, moral, and emotional well-being of an individual.
• The welfare measures aim at integrating the socio- psychological needs of employees, the unique requirements of a particular
technology, the structure and processes of the organization and the existing socio- cultural environment. It creates a culture of
work commitment in organizations and society which ensure higher productivity and greater job satisfaction to the employees.
• Due to the welfare measures, the employees feel that the management is interested in taking care of the employees that result
in the sincerity, commitment and loyalty of the employees towards the organization. The employees work with full enthusiasm
and energetic behaviour which results in the increase in production and ultimately the increased profit.
• The measures of welfare give result after a long period of time. It is a long process, so the management has to keep patience
while providing the welfare facilities for the employees. While deciding the welfare facility for the employees, the
management has to do discussions with the persons who are now going to avail the facilities. The communication increases
the cohesiveness between the management and the employees and thus industrial relations improve.
 WASHING FACILITIES(SEC-42)

a) Firstly, provide and maintain adequate and suitable facilities for washing for all the
workers in the factory
b) Secondly ,provide separate and adequately screened facilities separately for men and
women.
c) Thirdly, make accessible all the facilities to all the workers.
• The state govt prescribes the standards.
 FACILITIES FOR STORING AND DRYING
CLOTHES (SEC-43)
• This section contests some powers with the State Government. It states that the State
Government has the powers to direct the factories regarding the place of storing the
clothes of the workers.
• Moreover, they can also direct them regarding the manner of drying the clothes of the
workers. It applies to the situation when workers are not wearing their working clothes.
 FACILITIES FOR SITTING(SEC-44)

• There are various kinds of jobs in a factory. Some of them require the workers to stand for a longer
period of time. There is no doubt that human power to stand has limits. Looking at such case, this
section states:
a) Firstly, the factory should provide suitable arrangements for sitting for the workers. This is
important because whenever the worker gets some free time, he/she may be able to take some
rest by sitting. This will also enhance their efficiency.
b) Secondly, if the Chief Inspector finds that any worker can do his work more efficiently while
sitting
• then he can direct the factory officials to arrange sitting arrangements for him.
 FIRST-AID-APPLIANCE(SEC-45)

• Injuries are somehow an inescapable part of life for the workers especially working in the
factories. Looking at the safety and welfare of the workers this section provides that:
• The factory should provide and maintain proper first-aid boxes at every workroom. Under this
Act, the number of boxes should not be less than one for every 100 or 50 workers. Moreover,
the first-aid boxes should have all the relevant contents according to the Act.
There should be nothing except the prescribed contents in a first-aid box.
Each box should be under control of a first-aid in-charge who will handle all its requirements and
its utilization. The in-charge should be an expert in First-aid field.
In case the number of workers exceeds 500, then the factory should arrange an ‘Ambulance
Room’ with the availability of all necessary equipment.
 CANTEENS (SEC-46)

(a) Every factory where the number of workers exceeds 250, then the State Government may
direct the factory owners to provide and maintain a canteen for the workers.
(b) Moreover, the government may lay down certain conditions in the construction of canteen, like:
1. the standard in respect of construction, accommodation, furniture and other equipment of the
canteen
2. the foodstuffs to be served therein
3. the date by which such canteen shall be provided
4. the constitution of a managing committee for the canteen.
SHELTERS, REST-ROOMS, AND LUNCH-ROOMS
(SEC-47)
• This section states:
a) If the number of workers in a factory crosses 250, then the factory owners should
construct and maintain shelters, rest-rooms and lunch rooms for the workers. It allows
the workers to eat the food which they bring along with them.
b) The shelters, rest-rooms and lunch rooms should be properly ventilated and lighted.
c) The State Government may prescribe the standards, in respect of construction
accommodation, furniture, and other equipment.
 CRECHE'S(SEC-48)

• Due to workforce diversity nowadays, women’s participation is increasing in all the

sectors especially the industrial sector.
• One of the factors that stop women to work in factories or any other sector is lack of care
for their children during their working hours. In order to solve this problem and increase
the engagement of women in factories, section 48 states:
a) Where numbers of women workers exceed 30, then the factory should arrange a special
room for the worker’s kids who are below the age of 6 years. (b) The room should be
properly lighted and ventilated.
 WELFARE OFFICERS(SEC-49)

• This states that every factory where in five hundred or more workers are ordinarily
employed the occupier shall employ a prescribed number of Welfare officers.
 WORKING HOURS OF ADULT WORKERS

i. Weekly and Daily Working Hours : Section 51 and 54 contain general provisions regarding weekly and daily working hours. According to Section 51 no adult
worker shall be required or allowed to work in a factory for more than 48 hours in a week. As regards daily working hours under Section 54, no adult worker shall be
required or allowed to work in a factory for more than 9 hours in a day. But with the previous approval of the Chief Inspector the daily maximum hours may be
exceeded in order to facilitate and adjust the change of shifts. The above restriction is applicable to `workers' only as defined in the Act.
ii. Weekly and Substituted Holidays : Section 52 speaks of weekly holiday to the workers of a factory. Accordingly an adult worker shall not be allowed or required to
work in a factory on the first day of the week, i.e. Sunday. But if it becomes necessary to make Sunday a working day, a substituted holiday is made compulsory.
iii. Compensatory Holidays : Such worker who has been deprived of weekly holiday should be allowed compensatory holidays of equal number to the holidays so lost
within the month in which the holidays were due to him or within a months immediately following that month.
iv. Intervals for Rest, Spread Over, Night Shifts and Double Employment : Every adult worker working in a factory is to be allowed rest during working hours of at
least half an hour. This interval is to be so placed as to break the working hours for a maximum of 5 hours at a stretch. This period of 5 hours work can be extended to
six hours by the permission of the State Government or subject to the control of State Government by the Chief Inspector on sufficient grounds to be recorded in the
permission order. (Section 55, 56, 57, 58).
v. Extra Wages for Overtime : A worker of a factory required to work in excess of the maximum hours of work prescribed under Section 51 and Section 54 is to be
paid extra wages for overtime work done by him. Therefore a worker required to work for more than 9 hours in any day or 48 hours in any week shall be paid at
twice the ordinary rate of wages for the extra hours of work done by him. Ordinary rate of wages for this purpose shall be the basic wages plus such allowances
including the cash equivalent or the advantage accruing through the concessional sale of food grains and other articles made available to workers excluding bonus.
Further, where any worker in a factory is employed on a piece rate basis the time rate wages admissible to worker in. such jobs shall be deemed to be equivalent to
daily average wages for the piece rated worker.
 WORKING HOURS OF ADULT WORKERS

vi. Notice of Periods of Work for Adult Workers : A notice in the prescribed form containing an abstract of Act and rules
framed thereunder, the name and address of Inspector and name and address of Certifying Surgeon is required to be
displayed in the factory. The notice so displayed should indicate the periods of work for which an adult worker. is
required to work everyday in a factory. The notice shall be in English language and a language understood by the
majority of workers. The intention behind the displaying of notice is that no worker is employed to work in
contravention of Section 51, 52,54,55,56 and 58 of the Act.
vii. Section 66 : Act provides for further restrictions on employment of women. Thus no exemption from the provisions of
sec. 54 relative to daily hours of work may be granted in respect of any woman. No woman shall be required or allowed
to work in any factory except between the hours of 6 a.m and 7 p.m; except when the state Govt. vary the limits laid
down. So however, there is absolute prohibition on employment of woman between the hours of 10 p.m and 5 a.m,
viii. Power to Make Exempting Rules and Orders : The State Government has been empowered to make rules for granting
exemption from the restrictions imposed with regard to working hours of adults as enumerated above on such conditions
as it may deem necessary.
 EMPLOYMENT OF YOUNG PERSONS

i. Prohibition of Employment of Children and Adolescents : No factory can employ any person unless he has completed fourteen years of age.
(Section 67) Thus there is total prohibition in employing children below 14 years of age. With regard to adolescent, i.e., above the age of 15 years
but below 18 years, he too cannot be employed in a factory unless (i) he as well as the manager of a factory are in possession of certificates of
fitness granted by the Certifying Surgeon and (ii) the adolescent carries with him while at work a token giving a reference to such certificate
issued to him. (Section 68)
ii. Effect of Certificate of Fitness Granted to Adolescent : An adolescent who has been granted certificate of fitness to work as an adult in a
factory by the Certifying Surgeon is to be treated as an adult for the purposes of working hours and annual leave with wages. But in case, such
certificate has not been granted to him then irrespective of his age he is to be treated as child for the purpose of this Act. But an adolescent who
has not attained the age of seventeen years but has obtained a certificate of fitness to work in a factory as an adult shall be required or allowed to
work between 6 a.m. and 7 p.m. only. However, the State Government may by notification in the official Gazette, in respect of any factory or
group or class or description of factories
 vary the limit laid down in this sub-section. So, however, that no such sub- section authorise the employment of any female adolescent between 10
p.m. and 5 a.m.;
 grant exemption from the provision of this sub-section in case of serious emergency where national interest is involved.
 EMPLOYMENT OF YOUNG PERSONS

• Working Hours for Children : the Act regulates the working hours for children above age of 14 years eligible for
employment in the factory. They can be employed for maximum hours of work lasting 4-1/2 hours in a day . The other
prohibitions relating to their employment are
a) the period of work is to be limited to shifts only:
b) the shifts are not to overlap;
c) the spread-over is not to exceed 5 hours;
d) the child is to be employed only in one relay;
e) the spread-over is not to change except once in 30 days; there should be no double employment;
f) no exemption from the provisions of Section 52 dealing with weekly holidays; and
g) employment during night, i.e., between 10 p.m, and n a.m. is prohibited.
 ANNUAL LEAVE WITH WAGES

1. Annual Leave with Wages : Section 79 of the Act deals with the provisions of annual leave with wages. The basis of calculation
of the annual leave to which a worker would be entitled in a year is the previous calendar year during which he had worked in a
factory.
• Qualifying Period : The minimum number of days which entitles a worker to earn leave is 240 during a calendar year which period
should include-
i. the days of lay off which may be as a result of contract or agreement or as permissible under Standing Orders;
ii. the leave earned in the year prior to that in which leave is applied for; and
iii. in the case of female worker, maternity leave for any number of days not exceeding 12 weeks.
If according to above computation, the total period comes to 240 days or more, then the worker in a factory would be entitled to leave
with wages in the subsequent calendar year for a number of days calculated at the rate of:
• Rate of Leave:
i. In the case of an adult, one day for every twenty days of work performed by him during the previous calendar year.
ii. In the case of child one day for every fifteen days of work performed by him during the previous calendar year
 ANNUAL LEAVE WITH WAGES

2. Unavailed Leave: If a worker has not availed of portion of his leave in one calendar year, such remaining portion of
leave shall be carried over and added to the- leave to be allowed to him in the succeeding calendar year subject to the
condition that the total number of days to be carried forward would not exceed-
a. in the case of adult 30` days;
b. in the case of child 40 days; .
However, if the worker applied for leave with wages but such leave was not granted to him in accordance with any scheme
drawn up under the provisions of this section, then in that case, leave refused shall be carried forward without any limit.
3. Procedure for Availing of Leave : A worker who wants to avail of leave is required to make an application to the
manager of the factory at least 15 days in advance except in the case of public utility concern where the application for
leave can availed of in 3 instalments in year at the most. if the worker wants leave with wages due to him to cover a
period of illness , in the worker need not apply in advance. The wages , in such cases , admissible to him are required to
be paid in advance within 15 days and in case of public utility concern within 30 days from the date of application
requesting for grant of leave
 ANNUAL LEAVE WITH WAGES

4. Unavailed Leave and Notice of Discharge and Dismissal : The unavailed leave of
worker. shall not be taken into consideration in computing the period of any notice required
to be given by the occupier, before discharge or dismissal. [Section 79 (12)].
5. Wages During Leave Period : The wages admissible to a worker during leave availed of
by him under Section 78 or 79 are to be calculated in accordance with Section 80 of the Act.
6. Advance Payment of Leave Wages : An adult worker who has been allowed leave for not
less than 4 days and a child who has been allowed leave for not less than 5 days can claim
payment in advance of leave wages admissible to him. (Section 81.)
 ANNUAL LEAVE WITH WAGES

7. Mode of Recovery of Unpaid Wages : Any sum required to be paid by an employer

under the above provisions but not paid by him to the worker concerned, can be recovered
by the worker under the - provisions of Payment of Wages Act, 1936. (Section 82.)
Therefore, where wages are due to a worker for annual leave and the employer makes a
default in making payment, they can be recovered under the provisions of the above Act.
8. Powers of the State Government : The State Government is empowered to make rules
directing the managers of factories to keep registers containing such particulars as may be
prescribed by it and such registers to be made available to Inspectors for examination,
(Section 83.)
 SPECIAL PROVISIONS

• Section 85 of the Act empowers the State Govt. by notification to declare that all or any of the provisions of the Act
shall apply to any place wherein a manufacturing process is carried on or is ordinarily carried on with less then 10
employed persons or less than 20 employed person as the case may be, with or without using power. Once such a
declaration is made it shall be deemed to be a factory under the Act and the owner shall be deemed to be occupier
and any person-working their-in; a worker.
• Section 87 A empowers an inspector to prohibit employment in a factory if it, appears that conditions are such that
they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in
the vicinity.
• Section 91 A empowers the Chief inspector of factories or the Director General Factory Advisory Services and
Labour Institutes or any other authorised officer to undertake after giving notice, safety and occupational health
surveys. Where for the purposes of such surveys it is required to do medical examination of any worker then such
worker shall present himself for the purpose. Time spent by the worker on this shall be deemed to be time during
which such worker worked in the factory.
ADDITIONAL PROVISIONS REGULATING EMPLOYMENT OF WOMEN IN A FACTORY

• The gender equality allows women workers to work in factories with men. Considering this the central and
state government has made additional provisions regulating the employment of women in a factory. Thus, the
additional provisions are under different sections of factories act, 1948.
• The restrictions on employment of women – 
1. Under the section 54, no exemption shall be made on the female workers, relating to the daily working
hours.
2. There is a strict restriction on the women workers’ employment except between the hours of 6:00 am to
7:00 pm. As no women are allowed to be employed between the hours of 10:00 pm to 5:00 am.
3. No changes in the shifts allow the factory act, except the after the weekly holiday or any other holiday.
4. The section 66 doesn’t allow any female worker to work during late night hours.
5. The mining act, 1952 prohibits the women employed in any part which is below the ground level.
 ADDITIONAL PROVISIONS REGULATING
EMPLOYMENT OF WOMEN IN A FACTORY
6. The factory act also bounds the employer to provide the female workers 30 or more in number
with crèches for their children, aged from 6 years to below.
7. There should e a fixed rest period called rest interval for the women workers.
8. Also, women workers shall be provided with the bathing and cleaning facilities to maintain
health and hygiene at work.
9. There must be proper restrooms for female working staff in a factory.
10. It allows women too, to take off when in need and also get the fixed maternity leave along with
the weekly and festival holidays.
11. The maternity leaves are made paid also other leaves are paid for women working in the
factories.
 ADDITIONAL PROVISIONS REGULATING
EMPLOYMENT OF WOMEN IN A FACTORY
1. PROVISIONS WITH RESPECT TO HEALTH OF WORKERS: Under Section 19(1)(b) of the Act, there’s a provision of separate
enclosed accommodation (for latrines and urinals) for both males and females. Such Accommodation should be adequately lighted and
ventilated.
2. PROVISIONS WITH RESPECT TO SAFETY OF WORKERS:
• For Safety of the Women Workers in the Factory, women workers are excepted from the work of lubrication of machinery in motion. It shall
be done only by a specially trained adult male worker wearing tight-fitting clothing.
• Section 22(2) of the Act specifically mandates on the factory owner that no woman or young person shall be allowed to clean, lubricate or
adjust any part of the machinery when it is in motion. This Provision aims to prevent the women from exposure to dangerous injury that can
be caused by such moving part.
• Under Section 27 of the Act, there is a prohibition of employment of women and children near “cotton openers”. Women and children cannot
be employed in any part of the factory where pressing of Cotton are going on subject to only one exception. The Exception is the Area
between the feed end and delivery end extends to a particular height and subject to the permission of Inspector authorized under the Act.
• Under Section 34, This Act gives power to state Govt. to prescribe rules regarding the maximum weight which can be lifted, carried or
moved by men, women, adolescents and children in the Factory. It’s a statutory mandate that nobody shall be employed to carry a weight
which can cause them an injury
 ADDITIONAL PROVISIONS REGULATING
EMPLOYMENT OF WOMEN IN A FACTORY
3. PROVISIONS WITH RESPECT TO WELFARE OF WORKERS:
• For the welfare of the women worker, under Section 42 of the Act, separate and adequately
screen facilities for washing shall be provided for the privacy of female workers.
• Under Section 48 of the Act, wherever there are more than 30 women workers, there is a
mandate on the owner of the factory to provide and maintain suitable room/crèche facility for
the use of children under the age of 6 years of such mothers. This Provision indirectly increases
the efficiency of female worker who can side by side look after their children without worrying
about them. Those rooms should provide adequate accommodation, ventilation, lighting and
such rooms should be under the charge of a women who can take care of such children.
 ADDITIONAL PROVISIONS REGULATING
EMPLOYMENT OF WOMEN IN A FACTORY
4. PROVISIONS WITH RESPECT TO WORKING HOURS
• Under Section 66 of the Act, For the safety and well-being of the Female gender, their 
working hours in a factory  shall be between 6 A.M.  to 7 P.M. only. It is also provided in this
Section that there shall be no change of shifts except after a weekly holiday or other Holiday.
• Further in Sub Section 2 of Section 66 mentions that the State Government can prescribe
Special Provisions for fish curing or fish canning factories where employment of women
beyond particular hours is necessary to prevent damage to any raw material.
 ADDITIONAL PROVISIONS REGULATING
EMPLOYMENT OF WOMEN IN A FACTORY
5. PROVISIONS WITH RESPECT TO EMPLOYMENT OF YOUNG PERSONS
• Under Section 70 of the Act, Any Adolescent female or male worker who has got the
fitness certificate to work can only work between 6 A.M. to 7 P.M. except in case of few
categories of factories where State Govt. can relax the timings but in no case, it can be in
between 10 PM to 5 AM.
• Under Section 71(5) No female child shall be allowed to work in any factory except
between 8 AM to 7 PM.
 ADDITIONAL PROVISIONS REGULATING
EMPLOYMENT OF WOMEN IN A FACTORY
6. PROVISIONS WITH RESPECT TO ANNUAL LEAVE WITH WAGES 
• Section 79 (1) Explanation 1 says that Every female worker who has worked for a period
of 240 days or more in a factory shall be allowed leave with wages and in case of a
female worker, maternity leave upto 12 weeks.
• Under Section 87(b) of the Act, Power to the State Government is given that if it opined
that any manufacturing process or operation carried in any factory exposes any person to
a serious risk of bodily injury, it may prohibit or restrict the employment of women,
adolescents or children in such manufacturing process or operation.
 CONCLUSION

• The present Factories Act in operation for the last 37 years has provided ample benefits to the factory workers. It
has considerably improved their working and employment conditions.
• The Government is actively considering the introduction of some vital amendments to the Act to keep it in tune
with time and make it more effective
• While dealing with the duties of the Occupier and Factory Manager under Factories Act 1948, altogether we can
conclude that the Occupier and Factory Manager has a vital role to play in assuring the health, safety and welfare
of the workers as they are the backbone of the industrial sector.
• It is, however, necessary that the workers and their representatives make themselves aware of the various
provisions of the Act and safeguard their interests on their own and force the defaulting employer to be conscious
of his legal obligations.