CS - EXECUTIVE (ILGL)

FACTORIES ACT, 1948

Health provisions
❒ Cleanliness - Sec. 11
1. Daily sweeping to remove dirt
2. Cleaning of floor once in week with disinfectant
3. All inside walls and ceiling should be repainted or re-varnished once in 5 years.
❒ Effective arrangement should be made to dispose of wastes and effluents - Sec. 12
❒ Ventilation and temperature - Sec. 13
1. Appropriate ventilation for circulation of fresh air.
2. Maintain temperature and create reasonable condition to prevent injury to health of worker.
❒ Dust and fume - Sec. 14
1. Dust should not be accumulated in workroom.
2. Fume should not be allowed to accumulate which is injurious to workman.
3. No internal combustion engine operated in room unless arrangement is made for exhaust.
❒ Artificial humidification- Sec. 15
1. State Government prescribed standard and method of humidification.
2. Water used to increase in humidification should be taken from public supply or source of
drinking water-.
❒ Overcrowding - Sec. 16
1. No overcrowding is allowed at working area of factory
2. At least 14.2 cubic meters of space for every worker.
❒ Lighting - Sec-17
1. Arrangement should be made for suitable and sufficient lighting
2. All glazed window should be kept clean from both side.
3. Formation of shadow which creates eye-strain is not allowed.
4. Effective measures should be taken to prevent glare or reflection.
❒ Drinking water - Sec. 18
1. Effective arrangement to provide wholesome drinking water should be made at suitable place
2. Drinking water place should be mark with word “drinking water” in language understood by
workers.
3. If 250 or more workers are working, arrangement should be made to supply cool drinking water
during hot weather.
❒ Toilets and Urinals - Sec. 19
1. Sufficient number of toilets and urinals as prescribed type
2. Separate toilets and urinals for male and female
3. It should be adequately lighted and ventilated
4. It should be maintained in clean and sanitary condition
5. Sweeper should be engaged to clean latrine (toilet), urinals and working place.
❒ Spittoons - Sec. 20
1. Sufficient number of spittoons at convenient place
2. Person is not allowed to spit at any other place other than in spittoon.
 Safety provisions
❒ Fencing of machinery - Sec. 21
1. Dangerous part of machinery should be fenced by safeguard.
2. Electric generator, water turbine and prime mover should be fenced.
❒ Work on or near machinery in motion - Sec. 22
Woman/young person is not allowed to clean, lubricate or adjust any part of machinery in motion.
❒ Employment of young person on dangerous machine is not allowed however he can work if he
has received training and working under the supervision of experienced person - Sec. 23
❒ Striking gear - Sec. 24
Striking gear should be installed to cut off power in every working room.
❒ Dangerous parts of new machinery driven by power should be encased - Sec. 26
❒ Woman and children are not allowed to work near to cotton opener - Sec. 27
❒ Hoists and lifts - Sec. 28
1. It should be in good condition and properly maintained
2. It should be examined once in 6 months
3. Maximum work load (weight) should be specified.
4. Gate of lift should be locked by method of interlocking
❒ Lifting machine, chains, ropes and lifting tackles - Sec. 29
1. It should be in good condition and properly maintained
2. It should be examined once in 12 months
3. It should be loaded with excess than safety load specified.
❒ Maximum speed of revolving should be specified on revolving machinery or its part - Sec. 30
❒ Where any plant or machinery is working exceeding than atmosphere pressure, measures should be
taken to ensure safe working pressure is not exceeding - Sec. 31
❒ Floor and stairs - Sec. 32
1. It should be of sound construction and properly maintained.
2. It should be free from obstruction or hurdles.
3. If necessary, handrail should be provided.
4. Pits and Opening in floor if likely to create danger, it should be securely covered or fenced.
❒ Excessive weight - Sec. 34
1. Worker is not allowed to carry any amount of excessive weights that is likely to create injury.
2. SG may provide maximum weight which can be lifted by any category of worker.
❒ Worker should be provided with eye protection device or goggles if he is exposed to prescribe
manufacturing process, which is likely to create injury or danger to eye or eyesight - Sec. 35
❒ Worker is not allowed to enter into chamber or confined space containing any gas, vapor or fume
without wearing suitable breathing apparatus - Sec. 36
❒ Portable electric light exceeding 24 volts is not allowed to be used inside chamber or confined
space without safety device - Sec. 36A
❒ Where any explosive dust or gas is accumulated as result of manufacturing process, measure should
be taken to remove or prevent accumulation of such dust or gas - Sec. 37
❒ Precaution in case of fire - Sec. 38
1. Effective measure should be taken to prevent outbreak of fire.
2. Safety exit should be provided to worker in case of outbreak of fire.
❒ Sec. 40B
Where 1000 or more workers are employed, safety officer should be appointed in factory.
 Welfare provisions
❒ Washing facilities - Sec. 42
1. Adequate and suitable washing facilities should be provided
2. It should be separate for male and female.
❒ Sec. 43- SG may prescribe rules for suitable place for keeping or drying cloth not worn during
work.
❒ Sitting arrangement should be made for workers working in standing position to take rest when any
opportunity arise - Sec. 44
❒ First aid appliances - Sec. 45
1. One first aid box for every 150 workers
2. First aid box should be kept with prescribed content.
3. It should be kept in charge of responsible person who holds certificate in first aid treatment.
4. Where 500 or more workers are working in factory, ambulance room with necessary equipment
and medical staff should be maintained.
❒ Where 250 or more workers are working canteen facility of prescribed standards should be
provided - Sec. 46
❒ Where more than 150 workers are employed in factory, Shelter, rest room and launch room facility
should be provided with drinking water facility - Sec. 47
❒ Crèches - Sec. 48
1. Where more than 30 women are working suitable room or crèches should be provided for use
of children up to age of 6 years.
2. Room should be properly lighted and ventilated
3. It should be under charge of woman who is trained in care of children and infants.
❒ Where 500 or more workers are employed, occupier should appoint welfare officer - Sec. 49

❒❒
 Manufacturing Process- Sec. 2(k)
It means any process for

. making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning,

breaking up, demolishing, or otherwise, treating or adopting any article or substance with
a view to its use, sale, transport, delivery or disposal; or
. pumping oil, water or sewage or any other substance; or
. generating, transforming, transmitting power; or
. composing types for printing, printing by letterpress, lithography, photogravure or other
similar process, or book binding; or
. constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;
or
. preserving or storing any article in cold storage.

The definition is quite important and it has been the subject of judicial interpretation in large
number of cases:

(i) What is manufacturing process

The definition of manufacturing process is exhaustive.

Madras High Court in the case of In Seshadrinatha Sarma, 1966 LLJ, held that to constitute a
manufacture

. There should not be essentially some kind of transformation of substance and

. The article need not become commercially as another and different article from that at
which it begins its existence

so long as there has been

. An indisputable transformation of substance

. By the use of machinery and
. Transformed substance is commercially marketable.

A.P. High Court held that to determine where certain premises is factory, it is necessary that it
should carry on manufacturing process and it does not require that the process should end in a
substance being manufactured (Alkali Metals (P) Ltd. v. ESI Corpn., 1976).

The works of laundry and carpet beating were held to involve manufacturing process.

A process employed for purpose of pumping water is manufacturing process.

Following processes have been held to be manufacturing processes:

1. Sun-cured tobacco leaves subjected to processes of moistening, stripping, breaking up,

adaption, packing, with a view to transport to company’s main factory for their use in
manufacturing cigarette (V.P. Gopala Rao v. Public Prosecutor, AIR 1970 S.C.).
2. The operation of peeling, washing etc., of prawns for putting them in cold storage is a
process with a view to the sale or use or disposal of the prawns (R.E.DSouza v. Krishnan
Nair, 1968).
3. Stitching old gunny bags and making them fit for use.
4. In paper factory, bankas grass packed into bundles manually and despatched to the
factory.
5. Work of garbling of pepper or curing ginger.
6. Process carried out in salt works in converting sea water into salt.
7. Conversion of latex into sheet rubber.
8. A process employed for the purpose of pumping water.
9. The work done on the bangles of cutting grooves in them which later would be filled with
colouring, is clearly a stage in ornamentation of the bangle with view to its subsequent
use for sale.
10. Preparation of soap in soap works.
11. The making of bidis.
12. The raw film used in the preparation of movies is an article or a substance and when by
the process of tracing or adapting, after the sound are absorbed and the photos imprinted,
it is rendered fit to be screened in a cinema theatre, then such a change would come
within the meaning of the term treating or adapting any article or substance with a view
to its use.
13. The definition takes in all acts which bring in not only some change in the article or
substance but also the act done for the protection and maintenance of such article by
packing, oiling, washing, cleaning, etc. (P.Natrajan v. E.S.I. Corporation (1973).
14. Preparation of food and beverages and its sale to members of a club (CCI v. ESIC, 1992
LAB IC 2029 Bom.).
15. Receiving products in bulk, in packing and packing as per client’s requirements (LLJ I
1998 Mad.HC).
16. Construction of railway - use of raw materials like sleepers, bolts, loose rails etc. to
adaptation of their use for ultimately for laying down railway line (LAB IC 1999 SC 407;
Lal Mohmd. v. Indian Railway Construction Co. Ltd.).

(ii) What is not a manufacturing process

(1) Exhibition of films process.

(2) Industrial school or Institute imparting training, producing cloth, not with a view to its
sale.
(3) Receiving of news from various sources on a reel in a teleprompter of a newspaper office,
is not a manufacturing process in as much as news is not the article or substance to which
Section 2(k)(i) has referred.
(4) Any preliminary packing of raw material for delivering it to the factory
(5) Finished goods and packing thereof: F. Hare v. State AIR 1955.
 Penalties & Procedures
(1) General penalties for offences (Section 92):

• If there is any contravention of any of the provisions of this Act

• The occupier and manager shall each be guilty of an offence
• Punishable with imprisonment for a term, which may extend to two years or with fine,
which may extend to Rs. One lakh or with both
• If the contravention is continued after conviction, with a further fine of Rs. One thousand
for each, day till contravention continues.
• Provided that the Court may, for any adequate and special reasons to be mentioned in
the judgment impose a fine of less than Rs. 10,000.
• Provided further that where;
• Contravention has resulted in an accident causing death or serious bodily injury, the fine
shall not be less than Rs. 35,000 in case of death and
• Rs. 10,000 in the case of an accident causing serious bodily injury.
• No cognizance shall be taken of any conviction made more than two years before the
commission of the offence for which the person is subsequently convicted.

(2) Liabilities of owner of premises in certain circumstances (Section 93) provides that
where in any premises separate building are being leased out by the owner, then he shall be
responsible for the provision and maintenance of common facilities and services such as
approach roads, drainage, water-supply, lighting and sanitation.

(3) Penalty for obstructing Inspector (Section 95) lays down penalty of imprisonment for six
months or fine of Rs. 10,000 or with both for willfully obstructing an inspector in the exercise of
his power.

(4) Penalty for wrongfully disclosing of results of analysis under Section 91: Imprisonment
of up to 6 months, and fine of up to Rs. 10,000/- or both

(4A) Penalty for contravention of Sections 41B, 41C and 41H:

Section 96A provides for punishment of 7 years imprisonment or fine of up to Rs. 2 lacs for non-
compliance of 41B, 41C, 41H

In case the failure or contravention continues, with additional fine which may extend to Rs.
5,000/- for every day during which such failure or contravention continues after the conviction
for the first such failure or contravention.

If such failure, contravention continues beyond a period of one year after the date of conviction,
the offender shall be punishable with imprisonment for a term which may extend to ten years.

(5) Offences by workers and penalties therefor:

o Section 97 lays down that if any worker contravenes the provision of this Act or any rules
 or orders made thereunder imposing any duty or liability on workers he will be
punishable with fine which may extend to Rs. 500/-
o Section 98 imposes penalty for using false certificate of fitness. Such punishment
involves imprisonment for such a term, which may not extend to two months or with fine
which may extend to Rs. 1,000/- or with both.

(6) Penalty for permitting double employment of child by parents or guardians is

stipulated under Section 99. Such an act is punishable with fine extending up to Rs. 1,000

(7) Onus of providing limits of what is practicable etc. is on the person who is alleged to
have failed to comply with such duty (Section 104A)

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Schedule I: List of Industries involving Hazardous Processes

Schedule III: List of Notifiable Diseases