Factories act, 1948

INITIATION:
In great Britain, the second half of the 18th
century, there was a rapid growth of industrial
towns & factories.
As it was started without planning, they employed
the women as well as their children in factories who
needed to work for more than 12 hours a day.
Some of the employees took initiative to implement
labour lagislations, Facories Act came into existence
in 1819.
After some modifications, the final amended of
Factories Act took place in 1948.

FACTORIES ACT IN INDIA:
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 employee 50 or more workers.

FACTORIES ACT INCLUDES:

Health

Safety

Welfare

Working Hours Of Adults

Annual Leave With wages

DEFINITIONS:
“Factory” is defined in section 2(m) of the Act. It means any
premises including the precincts thereof-
a) Whereon 10 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 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.
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.

OTHER DEFINITIONS:
“Manufacturing process” means any process for-
a) 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
b) Pumping oil, water, sewage or any other substance; or
c) Generating, transforming or transmitting power; or
d) Composing types for printing by letter
press, lithography, photogravure or other similar process or
book binding
e) Constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels;

(CONTINUE…)

DAY: means a period of 24 hours beginning at midnight;
WEEK: means a period of 7 dayz beginning at midnight on
Saturday night
CALENDAR YEAR: means the period of 12 months beginning
with the first day of January in any year
POWER: means electrical energy, or any other form of energy
which is mechanically transmitted and is not generated by
human or animal agency
PRIME MOVER: means any engine, motor or other appliance
which generates or otherwise provides power;

OBJECTIVES:
The main objective of Factories Act, 1948 is to ensure adequate
safety measures and to promote the health and safety and
welfare of the workers employed in factories. The act also makes
provisions regarding employment of women and young persons
(including children & adolescents), annual leave with wages etc.

The Act extended to whole of India including Jammu & Kashmir
and covers all manufacturing processes and establishments
falling within the definitions of “factory” as defined u/s 2(m) of
the act. Unless otherwise provided it is also applicable to
factories belonging to Central/State Government (section 116)

PROVISIONS REGARDING HEALTH:
1) Cleanliness
2) Disposal of Wastes & Effluents
3) Ventilations & Temperature
4) Dust & Fumes
5) Artificial Humidification
6) Overcrowding
7) Lighting
8) Drinking Water
9) Latrines & Urinals
10) Spittoons

PROVISIONS REGARDING SAFETY:
1) Fencing of Machinery
2) Work on or near Machinery in motion
3) Employment of Young Persons on Dangerous Machines
4) Striking Gear and Devices for cutting off power
5) Self Acting Machines
6) Casing of New Machinery
7) Prohibition of Employment of Women & Children near
Cotton openers
8) Hoists, lifts, Lifting Machines and others
9) Revolving Machinery
10) Pressure Plant

(CONTINUE…)

1) Floors, Stairs & Means or Access
2) Pits, Sumps, Opening in Floors and others
3) Excessive Weights
4) Protection of Eyesprecautions against Dangerous
Fumes, Gases & others
5) Precautions Regarding use of portable electric light
6) Explosive or Inflammable Dust, Gas
7) Precautions in case of fire
8) Specifications of Defective Parts or Tests of Stability
9) Safety of Buildings and machines
10) Safety officers

PROVISIONS REGARDING WELFARE OF
WORKERS

1) Washing Facilities

2) Facilities for Storing & Drying clothing

3) Facilities for Sitting

4) First Aid facilities

5) Canteens, Shelters, Rest Rooms & Lunch Rooms

6) Creches

7) Welfare Officers

HAZARDOUS PROCESSES
Provisions regarding Hazardous Process were
instructed in the Act under a new chapter by the
Factories (Amendment) Act, 1987.

This Act instructed two new schedules:

I. Listing the industries involving hazardous process

II. Relating to permissible levels of certain chemical
substances in work environment

PROVISIONS REGARDING HAZARDOUS
PROCESSES
1) Constitution of Site Appraisal Committee
2) Compulsory Disclosure of Information
3) Special Responsibility of the occupier in relation to
Hazardous processes:
4) Maintaining accurate and up-to-date health and medical
records of workers exposed to any chemical, toxic or any
other harmful substances manufactured, stored, handled
or transported
5) Appointing qualified, experienced & compete persons in
handling such substances to supervise handling and for
protecting the workers from the hazard
6) Providing for medical examination of every worker at
intervals

(CONTINUE…)

 Appointment of Inquiry Committee

 Emergency Standards

 Permissible Limits of Exposure of chemical and toxic

 Substances

 Workers’ participation in safety management

 Right of workers to warn about imminent danger

WORKING HOURS OF ADULTS:

•Weekly Hours: < 48 hours

•Weekly Holidays : at least 1 holiday in a week
, substitute holidays

•Compensatory Holidays

•Daily Hours : < 9 hours

•Intervals for rest : at least half an hour

•Spread Over

•Night Shifts

(CONTINUE…)

• Prohibition of Overlapping Shifts : not more than
2 continuous shift

• Extra wages for overtime : wages at the rate of
twice at his ordinary rate of wages for overtime

• Notice of period of work

RESTRICTION ON EMPLOYMENT OF
WOMEN & CHILDREN:
•Work between 6 a.m. to 7 p.m. only

•Strictly restriction for women for employment
between 10 p.m. to 5 a.m.

•Employment of women in night shift is permitted
only in the case of fish-curring and fish-canning

ANNUAL LEAVE WITH WAGES
Annual leave with wages

Wages during leave period

Payment in advance in certain cases

Mode of Recovery of unpaid wages

Power to make rules

OFFENCES
A court can take cognizance of the offence only when
the complaint is made within 3 months of the date on
which the alleged commission of the offence came to
the knowledge of the inspector, but where the offence
consist of disobeying a written order made by an
Inspector, complaint may be made within 6 months
of the commission of the offence

PENALTIES:
General penalties for offence
Penalty for the contravention of Provisions Relating to
Hazardous process
Penalty for obstructing Inspector
Penalty for wrongfully Disclosing Results of Analysis
Penalty relating to casing of new machinery
Penalties for Offences by workers & Parents
Penalty for offence by a medical practitioner
Penalty for employing child labour

Factories act, 1948

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Factories act, 1948