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Factories act, 1948

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’ e term industry connotes a steady

and systematic activity in w ic a
trade is arranged or organized, w ere
a factory is t e place w ere suc
activities are being carried on.
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bject of t e act:

’o improve ealt , welfare and safety of t e

workmen.

’o regulate by imposing restriction as to

ours of work including rest and provisions
for availing of leave.

’o make stringent provisions as regards

employment of women and young persons
and duration of t eir work.
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     FACTORY

Factory means any premises including t e precincts t ereof ƛ

1. W ereon ten or more workers are working or were working

on any day of t e preceding twelve mont s, and in any part
of w ic a      is being carried on wit
t e aid of 


,, or is ordinarily so carried on, or

½.w ereon twenty or more workers are working ro were

working on any day of t e preceding twelve mont s, and in
any part of w ic a      is being carried
on wit out t e aid of 
 or is ordinarily so carried on.
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Vaking, altering, repairing, ornamenting,

finis ing,packing,oiling, was ing, cleaning, breaking up,
demolis ing or ot erwise treating or adopting any article or
substance wit a view to its use, sale, transport, delivery or
disposal, or

Pumping oil, water, sewage or any; ot er substance, or

Generating, transforming or transmitting power, or

Composing types for printing, printing by letter press,

lit ograp y, taking p otograp y and ot er similar process or
book binding:

Constructing, reconstructing, repairing, refitting, finis ing or

breaking up s ips or vessels or

Preserving or storing any article in cold storage (Sec ½ (k))

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Power ƛ Sec ½ (g)

It means mec anical or electrical energy

transmitted as a step or aid to carry out
manufacture and not energy generated by
uman or animal agency.

Vere use of power not connected wit

activities of manufacturing will not make
t e4 premises a factory (New ’aj ma al
Hotel vs.Ins of factories 1953)

Vanufacturing process must be done wit

t e aid of power, according to sec ½ (m).
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Worker means a person employed directly or t roug any

agency (including a contractor) wit or wit out t e knowledge
of t e principal employer, w et er for remuneration or not, in
any manufacturing process or in cleaning any part of
mac inery or premises used for a manufacturing process or in
any ot er kind of work incidental to, or connected wit in t e
manufacturing process, or t e subject of t e manufacturing
process but does not include any member of t e armed forces
of t e union (Sec ½ (i))

In order to term a person as a worker, t ere must be

employer ƛ employee relations ip, ’ at is, t e employer must
not only be in a position to direct w at work s ould be done
by t e employee but also ow t e work as to be done by
im.
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m worker in a factory-
factory-

S all not willfully interfere wit or misuse appliance,

convenience or ot er t ing provided in t e factory for
securing t e safety, ealt or welfare of t e workers,

S all not willfully and wit out reasonable cause do anyt ing
likely to endanger imself or ot ers: and

S all not willfully neglect to make use of any appliance or

ot er t ings provided in t e factory so as to secure t e ealt
or safety of t e workers.

m worker w o contravenes any of t ese provision or any; rule

or order made t ere under, s all be punis able wit
imprisonment extending up to t ree mont s or wit fine up to
one undred rupees or bot .
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ºicensing and Registration of factories _

Section 6

Under t is section, t e State government

may make rules regarding t e submission of
plans and approval, licensing and
registration of factories.

Every application must be duly accompanied

wit a certified plan, s owing all t e details
toget er wit t e c allan representing t e
fees payable for suc registration, licensing
or renewal of license.
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If permission is not granted eit er by t e State government or

t e C ief inspector, wit in 3 mont s from t e date of
submission of suc application, permission is presumed to
ave been granted. n t e refusal of t e State government
to grant permission, t e aggrieved applicant can prefer an
appeal wit in t e 30 days from t e date of refusal.

Every order refusing to grant permission or license must be a

speaking order ( m speaking order is an order passed after
earing bot t e sides and it is passed wit reasons stated)

ºicense or permission cannot be denied merely on t e

direction by t e government wit earing t e applicant ƛ
S i abudeen vs. State of kerala 1985 (½llj 106)
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Under sec 7, t e occupier s ould give 15

days notice to t e State government or t e
Inspector of factories before e begins to
occupy or use any premises as a factory.

’ e notice s ould contain t e name and

situation of t e factory, name and address
of t e occupier, name and address of t e
owner of t e premises, nature of t e
manufacturing process, total rated HP,
name of t e manager, No. of workers, etc.
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Inspecting staff (Sec 8 to 10)

Under sec 8, t e State government is

empowered by notification in t e
official gazette to appoint any person
duly qualified as a C ief Inspector
supported by joint c ief inspectors.
’ ey ave jurisdiction t roug out t e
state.
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Power of inspectors:

Enter t e premises of a factory

Vake examination of t e premises, plant, mac inery, article or

substance.

Inquire into any accidents or dangerous occurrences,

Require t e production of any prescribed register or any ot er

documents relating to t e factory

Seize, or take copies of any register, record or ot er

document

’ake measurement, p otograp s and make recordings

Direct to dismantle or subject it to any test

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Penalty for obstructing a inspector (Sec 95)

W en a factory inspector is prevented or obstructed

from exercising is powers, suc person s all be
punis ed wit imprisonment for 6 mont s or fine
up to Rs.10000 or bot .
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Healt (Sections 11 to ½0)

1. Cleanliness (Sec 11) : House keeping is t e modern term

used for keeping t e faftory premises clean and tidy.
Factories must not only be kept clean but must be maintained
wit cleanlilnesws in suc a way t at accumulation of dirt and
refuse must be avoided. Constant cleaning of effluvia
(diaagreaeable vapuurs) arising from any drain is needed.
Removal of dirt and refuse alone is not enoug . But t ey ae
to be disposed of in a suitable manner wit out, causing
detriment to t e redisents of t e locality. ’ e floor s ould not
be wet and s ould be free from moisture. ’ e walls s ould
be painted once in 5 years and if t e walls are w itewas ed,
it s ould be w ite was ed again once in 14 mont s and t e
walls s ould be was ed once in every 6 mont s.
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½. disposal of wastes and effulents

(Sec 1½) : wastes and effulents are to
be disposed of in orer to maintain t e
ygiene inside t e factory. However
suc wastes cannot be let out wit out
treatment. Norms laid down ny t e
State pollution control boad ave to be
observed strictly in t is regard.
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3. Ventilation & temperature ƛ Sec 13

Ventilation and air circulation ensure normal

ealt to t e workmen. In order to
maintain ventilation and fres air circulation,
temperature in t e working place s ould be
secured. ’ e walls and roofs of t e factory
must be properly designed and provided
wit eat resisting or eat proof materials
ny way of insulating .
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4. Dust & fumes ƛ Sec 14

Effective measures ave to be adopted in order to

prevent t e workers in aling dust, fumes and ot er
imputities t at are present in t e air.

5. mrtificial umidification (Sec 15) : in factories

w ere artificial umidification is adopted from t e
point of view of manufacturing a product t e norms
prescribed ny t e government must be strictly
followed for increasing or decreasing or maintaining
su;c artificial umidification. Humidifiers for
keeping ari mosture at even level s all bne
provided. Water used in t ese plants must
constantly be c anged and it must be pure.
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ver crowding ƛ Sec 16

Every worker requires 500 cubic feet for t e

purpose of enabling im to work wit ease
and comfort ensuring mobility.

ºig ting (Sec 17) : too muc lig t t rows

glare on normal vision. Diffused lig t does
not elp to promote proper vision. Hence,
t e required lig t wit minimum power must
be provided.
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Drinking water (Sec 18) : potable, pure or

w olesome drinking water s all be made available
to workmen at convenient points. m notice board
must be displayed indicating availability of suc
facility. ’ e notice s all also contain t e caption
ƠDrinking waterơ in local language, If t e strengt
of t e workers increased beyond ½50, cool water
equipment must be provided to ensure supply of
c illed water. Water points s ould be located
beyond 6 meters from any was ing place, toilets,
urinals, open drainage, carrying sullage or effluent.
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ºatrines & Urinals (Sec 19) : Factories

w ere more t an ½50 workers are
ordinarily employed, t e latrine and
urinal accommodation s all be of
prescribed sanitary type. ’ e floors
and internal walls up to a eig t of 3
feet and above from t e floor level
s ould be laid in glazed tiles.
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Spittoons (Sec ½0) : Spittoons are pots

t at are specially provided for, into
w ic , t e workers ave to spit.
Workers cannot spit as t ey like.
Sufficient number of spittoons s ould
be provided, taking into account t e
number of persons employed. m fine
of Rs.5 would be imposed on any one
w o violates t e rule.
  
 

Was ing facilities (Sec 4½) : suitable and adequate was ing
facilities, as prescribed ny t e State Government s ould be
provided separately and exclusively for male and female
workers. ’ ey must be accessible and clean.

Facilities for storing and drying clot es (Sec 43): suitable

places must be provided by t e occupier to enable t e
workers to keep t eir clot es safe so t at t ere is not risk of
t eft in t at place.

Sitting facilities (Sec 44) : arrangements s all be made for

workers to sit and take rest w ere t eir work involves
standing posture

First aid appliances (Sec 45) : First aid boxes s ould be made
available

Canteen facilities (Sec 46): factories employing ½50 or more 3

worker s all provide canteens as per rules.
  
 

S elters, rest rooms and lunc rooms (Sec 47) :

suitable s elters, rest room lunc rooms wit
provision for drinking water s all be provided for
every factory employing 150 workers or more.

Crèc es (Sec 48) : Crèc e is a room or place for

accommodating c ildren below t e age of six. It is
mandatory now t at every factory employing 30 or
more female workers s all provide one or more
crèc es

Welfare officers (sec 49) : In factories, w ere 500

or more workers are employed, t ere s all be suc
number of qualifies welfare officer employed.
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mdult sec ½ (a) : an adult is a person w o as completed t e age of

18,

mdolescent ½ (b) : mn adolescent is person w o as completed t e

age of 15 but as not completer t e age of 18

m c ild is a person w o as not competed t e age of 15

mccording to Sec 67, a c ild w o as not completed t e age of 14

cannot be employed to work in a factory.

Working ours : sec 51, not adult worker s all be required or

allowed to work in a factory for more t an 48 ours in a week.

Daily ours (sec54): No adult worker s all be required or allowed to

work in a factory for more t an 9 ours in any day .

Interval of rest (sec 55): No adult worker s all work for more t an 5
ours unless e is given an interval of rest for at least alf an ours
at t e end of five ours of continuous work.
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Nig t s ift (sec 57): His weekly alf for a w ole day
means a period of ½4 ours.

Holidays (sec 5½ &53) : No adult worker s all be

required or allowed to work in a factory, on t e first
day of t e week w ic is a Sunday. In case, t e
worker is made to work on a Sunday, t en one day
oliday must be given 3 days succeeding or
preceding t e Sunday.

Compensatory oliday : it is mandatory t at a

worker s all be allowed compensatory oliday of
equal number to t e olidays so lost.
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mnnual leave wit wages (sec 79 to 8½) :

t ere are two cumulative conditions. 1. a
worker s ould ave put in continuous years
of services w ic means t at e s ould
ave actually worker for ½40 days or more
during t e calendar year ½. during t at year,
for ½0 days of actual work put in by im , a
workman becomes eligible for one day rest
leave in t e succeeding year.
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Industrial dispute means any dispute or difference

between 1. employers and employers, ½. employers
and worker or workmen and workmen w ic is
connected wit t e employment of non
employment, t e terms of employment or t e
conditions of labor of any person.

Dispute means conflict or controversy or difference

of views w ic s ould be of a substantial nature
between t e employer and employee. ’ e
difference of views must be of suc persisting and
continuing nature w ic if not settled would be
detrimental to industrial peace and armony of t e
community.
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