The factories Act 1948

The Factories Act, 1948
Masud Alam Ansari
1

What is a factory?
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 A premises where on 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. [section 2(m)].

Objective of theAct
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• The Act has been enacted primarily
with the object of protecting workers
employed in factories against industrial
and occupational hazards.
• For that purpose, it seeks to impose
upon the owner or the occupier certain
obligations to protect the workers and
to secure for them employment in
conditions conductive to their health
and safety.

Applicability of theAct
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At any place wherein manufacturing process is
carried on with or without the aid of power
or is so ordinarily carried on, not with
standing that:
 The number of persons employed therein is
less than ten, if working with the aid of power
and less than twenty if working without the
aid of power, or
 The persons working therein are not
employed by the owner thereof but are
working with the permission of, or under
agreement with, such owner.

What is a manufacturing process?
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Manufacturing process means any process for-
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• 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,deliveryor disposal.
pumping oil, water, sewage or any other substance.
generating, transformingor transmittingpower.
composing types for printing, printing by letter press,
lithography, photogravure or other similar process or book
binding
constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels or preserving or storing any
article in cold storage. [section2(k)].

Who is a worker?
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 A person employed in any
manufacturing process or cleaning or
any work incidental to manufacturing
process.
 A person employed, directly or by or
through any agency with or without
knowledge of the principal employer.
 Whether for remuneration or not.
 Relationship of master & servant
 [section 2(l)].

Definitions[Sec.2]
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• “Adult” means a person who has
completed his eighteenth year of age
• “Adolescent” means a person who has
completed his fifteenth year of age but has
not completed his eighteenth year
• “Child” means a person who has not
completed his fifteenth year of age
• “Young person” means a person who is either
a child or an adolescent

Definitions[Sec.2]
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“Day” means a period of twenty-four hours
beginning at midnight;
"week" means a period of seven days beginning at
midnight on Saturday night
“Calendar year” means the period of twelve
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

Who is the occupier?
RanjeetKumar
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 The person who has ultimate control
over the affairs of factory.
 It includes a partner in case of firm and
director in case of a company.
 In case of Government company,
'occupier' need not be a director. In
that case, person appointed to manage
affairs of the factory shall be occupier.
[section 2(n)].

Approval, Licensing & Registration
Of Factories[sec.6]
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• Making an application to the Government or Chief
Inspector , along with the duly certified plans and
specifications required by the rules.
Sent to the State Government or Chief Inspectors by
registered post And no order is communicated to the
applicant within 3 months from the date on which it
is so sent, the permission deemed to be granted.
If the application is rejected appeal can be made to
the government within 30 days of the date of such
rejection.

Notice by Occupier[sec.7]
RanjeetKumar 11
The occupiershall, at least 15 days before he begins to occupy or
use any premisesas a factory, send a noticeto the Chief
Inspector containing-
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(a) The name and situationof the factory;
(b) The name and address of the occupier;
(c) The name and address of the owner of the premises
(d)The address to which communicationsrelatingto the
factory may be sent;
(e) The nature of the manufacturingprocess;
(f)The total rated horse power installedor to be installedin the
factory;
(g)The name of the manager of the factory for the purposes of
this Act;
(h) The number of workers likelyto be employed in the factory;
(i) Such other particularsas may be prescribed

General duties of the Occupier
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• Occupier shall ensure, the health, safety
and welfare of all workers while they
are at work in the factory.
• Every occupier shall prepare, a written
statement of his general policy with
respect to the health and safety of the
workers.
• Bring such statement and any revision
thereof to the notice of all the workers.

The Inspecting Staff[Sec.8]
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• State government may appoint Chief
Inspector, Additional Chief Inspectors,
Joint Chief Inspectors, Deputy Chief
Inspectors, and Inspectors.
• Prescribe their duties and
qualifications
• Every District Magistrate shall be an
Inspector for his district
• Every inspector is deemed to be a
public servant within the meaning of
the Indian Penal Code

Powers of Inspectors[sec.9]
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Enter factory premises for investigation
Examine the premises
Inquire into any accident or dangerous occurrence
Require the production of any prescribed register or
document
Seize, or take copies of, any register, record or other
document
Take measurements and photographs and make such
recordings
Exercise such other powers as may be prescribed
No person shall be compelled under this section to
answer any question or give any evidence tending to
incriminate himself .

Certifying Surgeon[Sec.10]
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• State Government may appoint qualified medical practitioners
to be certifying surgeons
Duties of surgeons
(a)the examination and certification of young persons under
this Act;
(b)the examination of persons engaged in factories in such
dangerous occupationsor processes
(c) supervisingthe factories where
(i)cases of illness have occurred which are due to the nature of
the manufacturingprocessor
(ii)due to manufacturing process there is a likelihood of injury
to the healthof workers or
(iii)young persons are employed in any work which is likely to
cause injury to their health.

Health Provisions[Sec.11-20]
16
 Chapter III of Factories Act contain
details regarding health of workers. Let
us discuss these provisions…

Cleanliness[sec.11]
 The working conditions should be
clean and safe.
 Clean the floor at least once a
week by washing, or by some
effective method.
 Effective means of drainage
shall be provided.
 White wash every 14 weeks
 Paint / varnish every 5 years
17

Disposal of wastes and effluents
[sec.12]
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 There should be proper arrangements
or disposal of wastes and effluents.
 Follow state govt. rules…

Ventilation &Temperature [sec.13]
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 Proper level of ventilation temperature
and humidity must be maintained.
 Make provisions for reducing excess
heat.

Dust and fume[sec.14]
20
• Effective measures should be taken to
prevent inhalation or accumulation of
dust & fume.
• If any exhaust appliance is necessary
for, it shall be applied as near as
possible to the point of origin of the
dust, fume or other impurity.

Artificial Humidification[sec.15]
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• Factories in which the humidity of the
air is artificially increased(like in textile
units), keep it in limits.
• The water used for artificial
humidification to be clean.

Overcrowding[Sec.16]
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 14.2 cubic metres space per worker.
While calculating this space, space
above the worker beyond 4.2 meters
will not be taken into account.
 Notice specifying the maximum
number of workers, which can be
employed in any work room shall be
displayed in the premises.

Lighting[Sec17]
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 Sufficient & suitable lighting in every
part of factory. There should natural
lighting as far as possible.
 All glazed windows and skylights used
for the lighting of the workroom shall
be kept clean.
 Formation of shadows to such an extent
as to cause eye-strain or the risk of
accident to any worker shall be
prevented.

Drinking water[Sec.18]
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 There should be drinking water
(wholesome water)
 Drinking points to be marked as
drinking water. They should be at least
6 meters away from wash room/urinal/
latrine/spittoons.
 If >250 workers are working, then have
cool water facility also.

Latrines and Urinals[Sec.19]
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 There should be separate – for male and
female.
 Proper cleaning should be there.

Spittoons[Sec.20]
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 There should be sufficient number of
spittoons.
 No person shall spit within the premises
of a factory except in the Spittoons
provided for the purpose
 Whoever spits in contravention shall be
punishable with fine not exceeding five
rupees

Safety ofWorker[Sec.21-41]
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 CHAPTER IV DEALS WITH
SAFETY OF WORKERS…

Fencing of Machinery[Sec.21]
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 Every dangerous parts must be
securely fenced.
 The State Government may by rules
prescribe such further precautions.

Machines in motions[Sec.22]
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 Examination of machinery in motion
only by a specially trained adult male
worker wearing tight fitting clothing.
 No women or child should be allowed to
work.

Employment of young persons on
dangerous machines[Sec.23]
 No young person should be allowed to
work on dangerous machines (unless he
has been trained, and is under
supervision).
 Young person = 14 to 18.
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Striking gears[Sec.24]
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 There should be suitable striking gears
etc. to switch off the power, so that if
there is any emergency, problem can be
solved.

Self acting machines[Sec.25]
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 Make sure that no person should walk
in a space within 45 cm from any fixed
structure which is not a part of
machine.

Casing of new machines[Sec.26]
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 All machinery driven by power &
installed should be so sunk, encased or
otherwise effectively guarded as to
prevent danger.

Cotton openers[Sec.27]
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 No women and children are allowed to
work on cotton openers.

Hoists and lifts[Sec.28]
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 Every hoist and lift should be in good
condition, and properly checked.
 The maximum load it can carry – must be
clearly mentioned.
 The gates should be locked by
interlocking / safe method (it should not
open in between).
 To be properly examined in every 6
months.

Lifting machines, chains, ropes &
lifting tackles[Sec.29]
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 Cranes & lifting machines, etc. to be of
good construction & to be examined
once in every 12 month.
 Cranes and lifting machines not to be
loaded beyond safe working load.
 Cranes not to be approach within 6
metres of a place where any person is
employed or working.

Revolving machines[Sec.30]
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 Maximum safe speed must be
mentioned for each machine.
 Speed indicated in notices should not to be
exceeded.

Pressure plant[Sec.31]
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 There should be safe working pressure
on pressure plants.
 Effective measures should be taken to
ensure that the safe working pressure is
not exceeded.

Floors, Stairs etc.[Sec.32]
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 All floors, steps, stairs, passages &
gangways should be of sound
construction & properly mentioned.

Pits, sumps, openings in floors
etc.[Sec.33]
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• Pits, sumps etc. should be securely
covered or fenced.

Excessive weights[Sec.34]
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 No person should be employed to hold
more weight than the person can hold.

Protection of eyes[Sec.35]
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 Provide goggles if workers have to
work on something stretching to the
eyes.

Dangerous fumes etc[Sec.36]
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 Prohibited to employ workers in places
where dangerous gas / fume is present.
 Practicable measures should be taken
for removal of gas, fume, etc.

Portable electric light[Sec.36A]
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• It should not be above 24 volts

Explosive or inflammable dust, gas,
etc.[Sec.37]
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• Take all measures for safety and to
prevent explosion on ignition of gas,
fume etc.

Precautions in case of fire[Sec.38]
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 There should be separate exit for cases
of fire.
 There should be facilities for
extinguishing fire.

Role of inspector[Sec.39,40]
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 Section 39, 40 and 40A talk about various
roles that have been assigned to the
inspector.
 He may call for details regarding building,
machines etc.

Safety officer[Sec.40B]
RanjeetKumar 48
 If 1000 or more workers are employed,
appoint a separate safety officer.

Power to make rules to supplement
the above provisions[Sec.41]
 The State Government may make rules
requiring the provision in any factory of such
further devices & measures for securing the
safety of persons employed therein as it may
deem necessary.
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Welfare Provision[Sec.42-50]
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 There are a number of provisions in the
factories act regarding welfare facilities
for the workers.

Welfare Issues
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 Washing facilities(Sec 42)
 Facilities for, storing & drying clothes(Sec43)
 Facilities for sitting(Sec 44)
 First aid appliances(Sec 45)
 Canteen( Sec46)
 Rest room, shelters, lunch room( Sec 47)
 Creches (Sec 48)
 Welfare Officers(Sec 49)
 Power to make rule(Sec 50)

Washing facilities[Sec.42]
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 There should be washing facilities in
every factory for the workers–separate for
male and female workers-properly
screened.
 conveniently accessible and shall be kept
clean.

Facility for storing and drying
of clothing[Sec.43]
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 There should be facility so that worker can
place their cloth not worn during the
manufacturing process.
 There should be facility so that worker
can dry their wet cloth.

Facilities for sitting[Sec.44]
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 Suitable arrangements for sitting shall
be provided and maintained for all
workers obliged to work in a standing
position
 If the worker can do the work by
sitting, - there should be sitting
arrangement for the worker.

First-aid appliances[Sec.45]
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 There should be at least 1 first aid box
for every 150 workers.
 It should have the prescribed contents.
 A responsible person should hold a
certificate on first aid treatment.
 An ambulance room should be there if
the number of workers is more than
500.

Canteen[sec.46]
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 If the number of workers is more than
250, the govt. may make rules for
canteen.
 The govt. may make rules regarding
foodstuff, construction, furniture,
equipment of the canteen.

Shelter, rest room, lunch
room[Sec.47]
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 When 150 workers are working, there
should be rest rooms, lunch room, etc.
 Such places should be having drinking
water facilities etc.

Creches[Sec.48]
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 If the number of women workers is
more than 30, there should be the
crèches.
 It should be sufficiently lighted,
ventilated & to be under the charge of
trained women

Welfare Officer[Sec.49]
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 If the number of workers is 500 or
more, there should be a welfare officer
to look after the welfare of the workers.

In Nutshell
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Crèche - > 30 women workers
Restroom / shelters and lunch room - > 150
workmen
Cooled drinking water - > 250 workers
Canteen - > 250 workers
• Ambulance room – Doctor, Nurse and Dresser cum
compounder -
Welfare officer -
> 500 workers
> 500 workers•
• Lady welfare officer - > more nos. of women workers

The factories Act 1948

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The factories Act 1948