Factories Act, 1948

Introduction :
The First Factories Act in India was passed in 1881.
It was designed primarily to protect children and to provide for
some health and safety measures.
It was followed by new Acts in 1891, 1911, 1922 and 1934.
The Act of 1934 was passed to implement the
recommendations of the Royal Commission on Labour in
India and the Conventions of the International Labour
Organisation.
The provisions of this Act regarding safety, health and welfare
of workers were also found to be inadequate and
unsatisfactory.

Factories Act, 1948

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Factories Act, 1948

Factories Act, 1948

Introduction :
It was felt that in view of the large and growing industrial
activities in the country, a radical overhauling of the law
relating to factories was necessary.
Hence, the Factories Act of 1948 !
The Act makes detailed provisions regarding health, safety and
welfare of workers, working hours of adults, employment of
young persons (includes children and adolescents), annual
leave with wages, and so on.
The Act aims at protecting workers employed in factories from
unfair exploitation by the employer.

Objectives :
The Act is a piece of social welfare legislation. It governs
working conditions of workmen in factories. It deals mainly
with :
1. Health, Welfare and Safety of Workmen :
The Act aims to protect workers employed in factories
against industrial and occupational hazards and to ensure
safe and healthy conditions of life and work.
It makes detailed provisions regarding health, safety and
welfare of workers in order to provide good working
conditions and other facilities to enhance their welfare.

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Factories Act, 1948

2.

3.

Factories Act, 1948

What is a Factory ? :
Factory means any premises :
1.
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
2.
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.
In simple words, a factory is a premises whereon 10 or more persons
are engaged if power is used, or 20 or more persons are engaged if
power is not used, in a manufacturing process.
What is the meaning of power?
Power means not only electrical energy but also any other form of energy
which is mechanically transmitted but is not generated by human or animal
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energy.

Working hours of adults and annual leave with wages :

The Act imposes certain restrictions as to hours of work and
also makes provisions for leave and rest.
Employment of women and young persons :
The Act makes stringent provisions, particularly with regard
to length of working hours, in regard to women and young
persons.

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Factories Act, 1948

Factories Act, 1948

What is a Manufacturing Process ? :

It means any process for :
1.
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, transport,
delivery or disposal, or
2.
Pumping oil, water, sewage, or any other substance, or
3.
Generating, transforming or transmitting power, or
4.
Composing types for printing, printing by letter press, lithography or
book binding, or
5.
Constructing, reconstructing, repairing, refitting, finishing, breaking up
ships or vessels, or
6.
Preserving or storing any article in cold storage.

What is a Worker ? :
A worker means a person employed, directly or by or through any
agency (including a contractor) with or without the knowledge of the
principal employer. He must be employed in a manufacturing process,
or in cleaning some part of the machinery or premises used for the
manufacturing process, or in some other kind of work incidental to, or
connected with, the manufacturing process, or the subject of the
manufacturing process.

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Factories Act, 1948

Factories Act, 1948

Obligations of Workers :

Rights of Workers :

A worker in a factory shall not

1.
Wilfully interfere with or misuse any appliance, convenience or other
thing provided in the factory for the purposes of securing the health,
safety or welfare of the workers therein;
2.
Wilfully and without reasonable cause do anything likely to endanger
himself or others, and
3.
Wilfully neglect to make use of any appliance or other thing provided in
the factory for the purposes of securing the health or safety of the
workers therein

Every worker shall have the right to

1.
Obtain from the occupier, information relating to workers health and
safety at work;
2.
Get trained within the factory wherever possible, or to get himself
sponsored by the occupier for getting trained in a training centre or
institute, duly approved by the Chief Inspector, where training is
imparted for workers health and safety at work; and
3.
Represent to the Inspector directly or through his representative in the
matter of inadequate provision for protection of his health or safety in
the factory.

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Factories Act, 1948

Factories Act, 1948

Health, Safety and Welfare:
The Act makes detailed provisions with regard to various
matters relating to health, safety and welfare of the
workers. These provisions impose upon the occupiers or
Managers certain obligations :
a. To protect workers from accident;
b. To secure for them in employment, conditions conducive to
their health, safety, and welfare.
These provisions also require the occupiers or managers to
maintain inspection staff and to make provision for
maintenance of health, cleanliness, prevention of
overcrowding, and amenities like lighting, ventilation,
drinking water, etc.

What is Power ?:
It means electrical energy, or any other form of energy which is
mechanically transmitted and is not generated by human or animal.
1.
Obtain from the occupier, information relating to workers health and
safety at work;
2.
Get trained within the factory wherever possible, or to get himself
sponsored by the occupier for getting trained in a training centre or
institute, duly approved by the Chief Inspector, where training is
imparted for workers health and safety at work; and
3.
Represent to the Inspector directly or through his representative in the
matter of inadequate provision for protection of his health or safety in
the factory.
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Factories Act, 1948

Factories Act, 1948

Health:
1. Cleanliness :
- Factory to be kept clean and free from dirt and
pollution;
- Effective means of drainage;
- Use of disinfectants (painting, varnishing, etc.)
- All inside walls and partitions, all ceilings or tops of
rooms and all walls, sides and tops of passages and
staircases;
- All doors and window frames and other wooden or
metallic framework and shutters shall be kept
painted or varnished;
- The dates on which these processes are carried out shall
be entered in the prescribed register.

Health:
2. Disposal of wastes and effluents :
- Treatment of wastes and effluents and their disposal.
- Rules by the State Government prescribing arrangements.
3.

Dust and fumes :

Measures for prevention of inhalation or accumulation of
dust and fumes.
- Exhaust for internal combustion engine.

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Factories Act, 1948

Factories Act, 1948

Health:
4. Ventilation and temperature :
- adequate ventilation by circulation of fresh air;
- process producing high temperature to be separated;
- standard of adequate ventilation and temperature to be
prescribed and provision of measuring instruments.
5. Artificial humidification :
- Prescription of standards of humidification
ventilation and cooling of air;
- Water used for artificial humidification to be clean;
- Measures by Inspector if water used for humidification not
purified.

Health:
6.
Overcrowding :
- Overcrowding injurious to health of workers to be
avoided.
- 9.9/14.2 cubic metres of space per worker.
- Notice of maximum of workers to be employed in a workroom.
7.

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Lighting :
- Sufficient and suitable lighting in every part of factory.
- Glazed windows and skylights to be kept clean.
- Measures for prevention of glare and formation of
shadows.
- Prescription of standards of sufficient and suitable lighting.

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Factories Act, 1948

Factories Act, 1948

Health:
8. Drinking Water :
- Suitable points for wholesome drinking water.
- Drinking points to be legibly marked and to be away
from urinal, latrine, etc.
- Cooling of drinking water where more than 250
workers employed.
9. Latrines and Urinals :
- Separate latrines and urinals for male and female
workers conveniently situated and adequately lighted
and ventilated.
- Number of latrines and urinals to be prescribed by the
State Government.

Health:
9. Spittoons :
- Sufficient number of spittoons.
- Display of notice of provision of spittoons.
- Penalty.

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Factories Act, 1948

Factories Act, 1948

Safety:
1. Fencing of Machinery :
- Dangerous part of every machinery to be securely
fenced.
- Prescription of further precautions by State Govt.
2. Work on near machinery in motion :
- Examination of machinery in motion by a trained adult
male worker.
- Restriction on cleaning,etc.
3. Employment of young persons on dangerous machines:
- Restriction on young persons to work on dangerous
machines.
- Machines dangerous for young persons to be
specified by the State Govt.

Safety:
4. Striking gear and devices for cutting off power :
- Suitable striking gear to be provided, maintained and
used.
- Suitable devices for cutting off power in emergencies
from running machinery.
- Locking device to prevent accidental starting of
transmission machinery.
5. Hoists and Lifts :
- Hoists and lifts to be of good mechanical construction
and to be properly maintained and examined once in
every 6 months.

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Factories Act, 1948

Factories Act, 1948

Welfare:

Welfare:

Washing facilities (Section 42 )

(1) In every factory (a) adequate and suitable facilities for washing shall be provided and
maintained for use of the workers therein;
(b) separate and adequately screened facilities shall be provided for
the use of male and female workers;
(c) such facilities shall be conveniently accessible and shall be kept
clean.

Facilities for sitting (Section 44)

(1) In every factory suitable arrangements for sitting shall be provided
and maintained for all workers obliged to work in a standing position,
in order that they may take advantage of any opportunities for rest
which may occur in the course of their work.
(2) If, in the opinion of the Chief Inspector, the workers in any factory
engaged in a particular manufacturing process or working in a
particular room, are able to do their work efficiently in a sitting
position, he may, by order in writing, require the occupier of the
factory to provide before a specified date such seating arrangements
as may be practicable for all workers so engaged or working.

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Factories Act, 1948

Factories Act, 1948

Welfare:

Welfare:

First-aid-appliances (Section 45)

(1) There shall, in every factory, be provided and maintained so as to
be readily accessible during all working hours first-aid boxes or
cupboards equipped with the prescribed contents, and the number of
such boxes or cupboards to be provided and maintained shall not be
less than one for every one hundred and fifty workers ordinarily
employed at any one time in the factory.
(2) Nothing except the prescribed contents shall be kept in a first-aid
box or cupboard.
(3) Each first-aid box or cupboard shall be kept in the charge of a
separate responsible person, who holds a certificate in first-aid
treatment recognized by the State Government and who shall always
be readily available during the working hours of the factory.

First-aid-appliances (Section 45)

(4) In every factory wherein more than five hundred workers are
ordinarily employed there shall be provided and maintained an
ambulance room of the prescribed size, containing the prescribed
equipment and in the charge of such medical and nursing staff as
may be prescribed and those facilities shall always be made readily
available during the working hours of the factory.

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Factories Act, 1948

Factories Act, 1948

Welfare:

Welfare:

Canteens (Section 46)

Shelters, rest-rooms and lunch-rooms (Section 47)

(1) The State Government may make rules requiring that in any
specified factory wherein more than two hundred and fifty workers
are ordinarily employed, a canteen or canteens shall be provided and
maintained by the occupier for the use of the workers.

(a) the date by which such canteen shall be provided;

(b) the standard in respect of construction, accommodation, furniture
and other equipment of the canteen;
(c) the foodstuffs to be served therein and the charges which may be
made therefor;
(d) the constitution of a managing committee for the canteen and
representation of the workers in the management of the canteen;

(1) In every factory wherein more than one hundred and fifty
workers are ordinarily employed adequate and suitable shelters or
rest-rooms and a suitable lunch-room, with provision for drinking
water
(2) The shelters or rest-room or lunch-room to be provided under
sub-section (1) shall be sufficiently lighted and ventilated and shall be
maintained in a cool and clean condition.
(3) The State Government may(a) prescribe the standards, in respect of construction
accommodation, furniture and other equipment of shelters, rest-rooms
and lunch-rooms to be provided under this section;

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Factories Act, 1948

Factories Act, 1948

Welfare:

Welfare:

Creches (Section 48)

Welfare Officers (Section 49)

(1) In every factory wherein more than thirty women workers are
ordinarily employed there shall be provided and maintained a suitable
room or rooms for the use of children under the age of six years of
such women.
(2) Such rooms shall provide adequate accommodation, shall be
adequately lighted and ventilated, shall be maintained in a clean and
sanitary condition and shall be under the charge of women trained in
the care of children and infants.

In every factory wherein five hundred or more workers are ordinarily

employed the occupier shall employ in the factory such number of
welfare officers as may be prescribed.

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Questions for Discussion

1.

2.

Questions for Discussion

Which Act will apply to a shop situated within the precincts

of a factory Factories Act or Shops and Establishments
Act?
- Of course Factories Act will apply to a shop situated
within the precincts of a factory, but if the shop is not
connected with the manufacturing process of the factory the
provisions of Shops and Establishments Act will apply to it.

2.

3.

Is it permissible for a Company which owns a factory to

notify any person as the occupier of the factory?
- As per Section 2(n) as amended in 1987, in the case of a
company, which owns a factory, it is only one of the

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Directors of the company who can be notified as the

occupier of the company, which owns a factory, it is only
one of the factory for the purposes of the Act and the
company cannot nominate any other employee to be the
occupier of the factory.
Is a Government company which owns a factory also
required to nominate one of its directors as the occupier of
the factory?
- Such a factory being a factory owned or controlled by the
Central Government or a State Government falls within the
purview of clause (iii) of the first proviso to Section 2(n)

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Questions for Discussion

2.

And therefore it can nominate any person other than a

director to manage the affairs of the factory.

3.

What are the powers of the Inspectors appointed under the

Act?
- An Inspector appointed under the Act has power
a. To enter any place which is used as a factory;
b. To make examination of the premises, plant and
machinery;
c. To require the production of any register and any other
document relating to the factory; and
d. To take statement of any person, for carrying out the
purposes of the Act.

Questions for Discussion

4.

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What are the restrictions on the working hours of adults

employed in a factory?
- The main restrictive provisions of the Act about the
working hours of adults are as follows :
a. A worker cannot be employed for more than 48 hours in
a week.
b. He cannot be employed for more than 9 hours in a day.
c. He must be given an interval of rest of at least hours
after 5 hours work.
d. His total periods of work inclusive of rest interval must
not spread over more than 10 hours in a day.
e. He must be given a holiday for a whole day in every
week.

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Questions for Discussion

4.

5.

Questions for Discussion

f. If he works for more than 9 hours in a day or for more

than 48 hours in a week, he must be paid for the overtime
work at double the rate of his wages.
g. A woman worker cannot be employed beyond the hours
of 6 am and 7 pm.
(the above restrictions, except restrictions (a) and (f) can be
relaxed in certain circumstances).
What are the restrictions of the employment of children in
factory?
- The main restrictive provisions of the Act about the
employment of children are as follows :
a. The employment of a child below the age of 14 years is
totally prohibited.

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What are the provisions of the Act about grant of annual

leave to the workers ?
a. A worker must be allowed in every calendar year annual
leave with wages at the rate of 1 day for every 20 days of
work performed by him during the previous calendar year
provided that he has worked for 240 days or more in the
previous calendar year.
b. In the case for a child worker the annual leave with wages
is to be allowed on the same basis as above but at the rate
of 1 day for every 15 days of work performed.
c. Leave can be accumulated upto 30 days in the case of an
adult and 40 days in the case of a child.
d. The leave admissible will be exclusive of holidays
occuring during or at either end of the leave period.
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Questions for Discussion

Questions for Discussion

e. Wages for leave allowed must be paid before the leave

period begins.
f. In the case of a worker who is discharged or dismissed
from service of quits his employment or is superannuated
or dies while in service, he or his heir or nominee must be
paid wages in lieu of annual leave. In such cases the
annual leave is to be calculated at the same rates as above
but irrespective of the fact that the worker has worked for
240 days or not.

g. A child who has completed the age 14 years but has not
completed the age of 15 years can be employed for a
maximum period of 4 hours in a day.
c. Such child cannot be employed during the night time i.e.,
from 10 pm to 6 am.
d. Such child must have a certificate of fitness granted by
the Certifying Surgeon.
e. The Manager must maintain a register of child workers in
the prescribed form.
f. A child who has completed the age of 15 years but has
not completed the age of 18 years can be employed as an
adult if he has a certificate of fitness for a full days work.

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Questions for Discussion

1.

2.
3.

4.

What do you understand by the term Worker,

Manufacturing Process and Factory under the Factories
Act, 1948?
State the provisions of the Factories Act, 1948 with regard to
health, safety and welfare of the workers.
What are the provisions of the Factories Act, 1948 with
regard to appointment of welfare officers? What are their
qualifications and what are their duties?
Enumerate the principal welfare facilities to be provided in a
factory under the Factories Act, 1948.

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