FACTORY ACT 1948 (23rd September 1948)

Factory Act has given effect from 01.01.1949. It regulates the labor of factories and also regularize the various obligations that an Occupier has to fulfill in connection with Health, Welfare, safety, Hours of employment, Leave, O.T., Rest etc. This Act applies to all Railway Workshops & Production Units but does not extended to Loco Sheds & C&W Depots.

FACTORY : Factory means any premises

1. Where 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 2. When twenty or more workers are working or were working on any day of preceding twelve months and in any part of which a manufacturing process is being carried on without the aid of power. MANUFACTURING PROCESS : Means any process for 1. Making, Altering, Repairing, Ornamenting, Finishing, Packing, Ceiling, Washing, Cleaning, Breaking up or Adopting any article or substance with a view to its use, role, transport, delivery or disposal, or 2. Pumping oil, water, sewage or any other substance, or 3. Generating, transforming or transmitting power.

OCCUPIER : Occupier of a factory means the person who has ultimate control over
the affairs of factory. Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.

INSPECTIONS : The state Government may, by notification in the official gazette,

appoint such person as passes the prescribed qualification to the inspectors for the purpose of this Act and may assign to them such local limits as it may think fit.

POWERS OF INSPECTORS : Subject to any rules made in this behalf, an

inspector may, within the local limits for which he is appointed. 1. Enter any place which is used, or which he has reason to believe is used as a factory. 2. Make examination of the premises, plant, machinery. 3. Inquire into any accident and take on the spot or otherwise statements of any person which he may consider necessary. 4. Require the production of any prescribed register/documents relating to factory. 5. Seize, or take copies of any register, record or other document. 6. Direct the occupier that any premises or any thing lying therein, shall be left undisturbed. 7. Exercise such other powers as may be prescribed.

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C H A P T E R III HEALTH :
1. Every factory shall be kept clean and the floors of every workroom shall be cleaned at least once in every week. 2. All inside walls and partitions, all ceilings of rooms, sides and tops of passages and staircases shall be repainted or revarnished at least once in every period of five years and in other cases, be kept whitewashed, or color - washed at least once in every period of fourteen months. 3. All doors and windows shall be kept painted at least once in every period of five years.

II. VENTILATION & TEMPERATURE :

Effective and suitable provision shall be made in every factory for adequate ventilations and temperature.

III. DUST & FUME : Section 14

In every factory effective measures shall be taken to prevent accumulation of dust and fume in any workroom and necessary exhaust appliances shall be applied.

IV. ADRTIFICIAL, HUMIDIFICATION : Section 15

In respect of all factories 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.

V. OVER CROWDING : Section 16

No room in any factory shall be overcrowded to an extent injurious to the health of the workers and there shall be in every workroom of a factory in existence of the date of commencement of this act atleast 9.9 cubic meters and of factory built after the commencement of this act atleast 14.2 cubic meters of space for every worker employees therein.

VI. LIGHTING : Section 17

In every part of a factory where worker are working or passing, there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.

VII. DRINKING WATER : Section 18

In every factory effective arrangements shall be made to provide at suitable points a sufficient supply of drinking water. All such points shall be legible marked Drinking water in a language understood by a majority of the workers and no such point shall be situated within six meters of any Washing place, urinal etc. and where more than two hundred and fifty workers are ordinarily employed, provision shall be made for colling drinking water during hot weather.

VIII. LATRINES & URINALS : Section 19

In every factory sufficient latrine and urinals accommodation, separately for male and female, shall be provided conveniently situated and accessible to workers. All such accommodation shall be adequately lighted, ventilated and be maintained in a clean and sanitary condition at all time.

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IX. SPITTOONS : Section 20

In every factory there shall be provided a sufficient number of spittoons in convenient places.

C H A P T E R IV I. FENCING OF MACHINERY : Section 21

In every factory every moving part of a prime mover, every fly wheel connected to a prime mover and every dangerous part of any machinery shall be securely fenced by safeguards.

II. WORK ON OR NEAR MACHINERY IN MOTION : Section 22 & 23

While the machinery is in motion, operations shall be made or carried out only by a specially trained adult male worker wearing tight fitted clothing and no woman worker or young person shall be allowed on such machines.

III. STRIKING GEAR & DEVICES FOR CUTTING OF POWER : Section 24

In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided in every workroom.

IV. PROHIBITION OF EMPLOYMENT OF WOMEN & CHILDREN NEAR COTON APENER : Section 27
No women or child shall be employed in any part of a factory for pressing cotton in which a cotton apener is at work.

V. HOISTS & LIFTS : Section 28

Every hoist and life shall be of good machnical construction, properly maintained and shall be thoroughly examined by a competent person at least once in every period of six months. VI. LIFTING MACHINES, CHAINS, ROPES & LIFTING TACKLES : Section 29 All parts, Including working gear of every lifting machine and every chain, rope shall be of good construction, properly maintained and thoroughly examined bya competent person at least once in every period of twelve months.

VII. PRESSURE PLANT : Section 31

If any factory is operated at a pressure above atmosphere pressure, effective measures shall be taken to ensure that the safe working pressure of such plant is not exceeded.

VIII. FLOORS, STAIRS & MEANS OF ACCESS :

In every factory all floors, steps, stairs, passages and gangways shall be sound construction, properly maintained and shall be kept free from obstructions and substance likely to cause persons slip.

IX. EXCESSIVE WEIGHT : Section 34

No person shall be employed in any factory to life, carry or more and load so heavy as to likely to cause him injury.

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X. PROTECTION OF EYES : Section 35

Goggles shall be provided for the protection of persons employed in respect of any such manufacturing process carried on risk to the eyes by reason of exposure to excessive light as fragments thrown off. Section 38 : In every factory all practicabale measurss shall bde taken to prenent out break of fire and spread, both interally and exernally. Effective measures shall be taken to ensure that in every factory all the workers are familiar with means of escape in case of fine and have been adeqnately trained in the routine to be folouled in such cases.

CHAPTERV WELFARE I. WASHING FACILITIES : Section 42

In every factory adequate and suitable facilities for washing, separately for male and female workers, shall be provided and maintained for the use of the worker therein. II. FACILITIES FOR STORING & DRYING CLOTHS : Section 43 Suitable places should be provided for keeping clothing not worn during working hrs. and for the drying of wet clothing. III. FACILITIES FOR SITTING : Section 44 In every factory suitable arrangements for sitting shall be provided for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest. IV. FIRST & APPLIANCES : Section 45 There shall in every factory be provided first aid boxes. The number of such boxes shall not be less than one for every one hundred and fifty workers and where more than five hundred workers are employed there shall be provided an ambulance room containing the prescribed equipment and medical and nursing staff. V. CANTEENS : Section 46 Factory wherein more than two hundred and fifty workers are employed, a canteen shall be provided by the occupiers for the use of workers. VI. SHELTERS, REST ROOMS & LUNCH ROOMS : Section 47 In every factory wherein more than 150 workers are employed, adequate and suitable shelters or rest rooms and a suitable lunch room with provision for drinking water where worker can eat meals brought by them, shall be provided for the use of the workers. VII. CRECHES : Section 48 In every factory wherein more than 30 women workers are ordinarily employed there shall be provided suitable room or rooms for the use of children under the age of six yrs. Of such women. The crches shall be made under the charge of women trained in the care of children. VIII. WELFARE OFFICER : Section 49 In every factory wherein 500 or more workers are employed the occupiers shall employee in the factory such number of welfare officer as may be prescribed.

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C H A P T E R VI WORKING HOUSE OF ADULTS I. HOUR OF WORK : Section 51

48 hrs. in a week, 09 hrs. in a day, period of work shall not exceed 05 hrs. at a time, an interval of half an hour shall be given. The spread over including rest period shall not be spread for more than 10 hrs. in a day. Overtime be paid at the rate of twice of his/her ordinary rate of wages. No women workers would work between 07 PM to 06 AM.

II. REST DAY : Section 52

If a worker work continuously for 06 days he shall be entitled for one day rest and if rest cannot be given than 11th day must be granted rest. Rest can be granted either three day in advance or three days later. Normally rest should fall on Sunday.

III. NOTICES TO BE DISPLAYED :

1. 2. 3. 4. 5. 6. 7. Notice specifying number of maximum workers working. Notice of rest day. Notice of holidays and cancellation, if any. Duty Rosters. Abstract of Act. Notice of payment day. Name and the address of inspector and surgeon.

ANNUAL LEAVE WITH WAGES : Section 78

Every worker who has worked for a period of 240 days or more in factory during a calendar year shall be allowed during the subsequent calendar year leave at the rate of one day for every twenty days of work performed by him during the previous calendar year.

CHAPTERX GENERAL PENALTY FOR OFFENSE : Section 92

Save as is otherwise expressly provided in this act, if in, or in respect of any factory there is any contravention of any of the provision of this act, the occupier and manager of the factory shall each be guilty of an offense and punishable with imprisonment for a term upto two years or with fine upto one lakh rupees or both, and if the contravention is continued after conviction, with a further fine upto one thousands rupees for each day. ***

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