The Factory Act,1948

Introductio
n

The 1st factory act was passed in 1881,in

response to the demands of workers working
in mills.

However, it was very inadequate to satisfy

them. It was amended on several occasions to
meet the requirements.

finally today we have the factory act of 1948

Objects

To provide safety, health & welfare of workers.

To regulate the working hours & employment of

children & women.

To provide for annual leave with wages.

To appoint inspector to ensure compliance of the

act.

Scope &
application

The act extends to the whole of India &

applies to every factory as defined under
the act including Govt. factories.

In certain cases however exemptions

can be available from certain provisions
of the act.

Factory Sec 2(m)

It means any premises including in

precincts(surrounding area)..

Where 10 or more workers are working and in any

part of which manufacturing process is carried on
with aid of power.

Where 20 or more workers are working and in any

part of which manufacturing process is carried on
without aid of power

But does not include

Any hotel, restaurant or eating place.

A railway running shed.
A mobile unit belonging to the armed
forces.

Worker Sec 2(I)

Any person employed directly or through contractor.

With or without wages.

With or without the knowledge of principal

employer.

To do any work in the M.P or cleaning any premises

or machinery used for

Manufacturing Process Sec 2(k)

It is a process for.

Making,altering,repairing,ornamenting,finishing,pa
cking,oiling,washing,braking up or treating any
article or substance.

Pumping oil, water or other substance.

Generating, transforming or transmitting power.

Constructing, repairing or re-fitting ships.

Preserving any article in cold-storage.

The term has a very wide coverage.

It includes not only the production process but

many others also.

It is not necessary that a new product should

emerge as a result of M.P. thus, making
,furniture, producing fans, cooking food are all
M.Ps

Occupier sec 2(n)

The person who has ultimate control over the affairs of the
factory: provided that-

In the case of a firm or other association of individuals, any

one of the individual partners or members thereof shall be
deemed to the occupier.

In case of a company, any directors shall be deemed to the

occupier.

In case of a factory owned or controlled by central Gvt.or

any state Govt. or local authority, the person appointed to
manage the affairs of the factory.

Duties of Occupier

Plant maintenance that is safe and without risk to health of

workers.

Safeguard health and safety with the use,handling,storage

and transport of articles and substance.

Provide information, Instruction, training and supervision

to ensure health and safety of all workers.

Monitoring of work environment.

Approval, Licensing And Registration Of Factories

1) The State Government may make rules -

(a) requiring, for the purposes of this Act, the submission of

plans of any class or description of factories to the Chief
Inspector or the State Government;
(b) requiring, the previous permission in writing of the State
Government or the Chief Inspector to be obtained for the site
on which the factory is to be situated and for the construction
or extension of any factory or class or description of
factories;
(c) requiring for the purpose of considering applications for
such permission the submission of plans and specifications;

(d) prescribing the nature of such plans and

specifications and by whom they shall be
certified;
(e) requiring the registration and licensing of
factories or any class or description of factories,
and prescribing the fees payable for such
registration and licensing and for the renewal of
licences;
(f)An application of a factory has to be submitted by
Registered post to State Gvt. Or Chief Inspector

If no order is communicated within 3 months,

it shall be assumed that permission is
granted.

In case permission is refused, then in that

case, the applicant may appeal to the State
Gvt. If the permission is refused by chief
inspector, or to the central Gvt. If the
permission is refused by the State Gvt.,
within 30 days.

Notice by occupier
It is the duty of occupier to send the written notice to the chief
inspector at least 15 days before he begins to use any premises
as factory.
(a) the name and situation of the factory;
(b) the name and address of the occupier;
(bb) the name and address of the owner of the premises or building
(including the precincts thereof) referred to in section 93;
(c) the address to which communication relating to the factory may
be sent;
(d) the nature of the manufacturing process

(e) the total rated horse power installed or to be installed

in the factory, which shall not include the rated horse
power of any separate stand-by plant;
(f) the name of the manager of the factory for the
purposes of this Act;
(g) the number of workers likely to be employed in the
factory;
(h) the average number of workers per day employed
during the last twelve months in the case of a factory in
existence on the date of the commencement of this Act

(2) In respect of all establishments which come within the

scope of the Act for the first time, the occupier shall
send a written notice to the Chief Inspector containing
the particulars specified in sub-section (1) within thirty
days, from the date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process
which is ordinarily carried on for less than 180 working
days in the year resumes working, the occupier shall
send a written notice to the Chief Inspector containing
the particulars specified in sub-section (1) at least thirty
days before the date of the commencement of work.

(4) Whenever a new manager is appointed, the

occupier shall send to the Inspector a written
notice and to the Chief Inspector a copy thereof
within 7 days from the date on which such
person takes over charge.
(5) During any period for which no person has
been designated as manager of a factory or
during which the person designated does not
manage the factory, any person found acting as
manager, or if no such person is found, the
occupier himself, shall be deemed to be the
manager of the factory for the purposes of this
Act.

Health Provisions

Cleanliness
Disposal of waste & effluents
Ventilation and Temperature
Dust And Fume
Artificial Humidification
Overcrowding
Lighting
Drinking Water
Latrines And Urinals
Spittoons

(Sec-11)
(Sec-12)
(Sec-13)
(Sec-14)
(Sec-15)
(Sec-16)
(Sec-17)
(Sec-18)
(Sec-19)
(Sec-20)

Cleanliness

(Sec-11)

Every factory shall be kept clean & free from

effluvia arising from.
Accumulation of dirt shall be removed daily
by sweeping & shall be disposed off in a
suitable manner.
Work-room shall be cleaned once in a week
using disinfectant.

Disposal of waste & effluents (Sec-12)

Effective arrangement shall be made for

the treatment of waste due to M.P
carried an so as to render them
harmless.

Ventilation and Temperature (Sec-13)

Effective provision shall be made for

obtaining adequate ventilation by
circulation of fresh air & such temp. shall
be maintained as to give reasonable
comfort to workers.
Walls & roofs shall be of such material
that temp.shall be of such material that
temp. shall be kept as law as practically
possible.

Dust And Fumes

(Sec-14)

If any dust or fume given off due to M.P

effective measures shall be taken to
prevent its inhabitation in any workroom.
Exhaust appliances shall be applied
wherever necessary at the point of origin
of such dust.

Artificial Humidification
(Sec-15)

There are certain M.Ps where humidity require, if it

is not naturally available, it is artificially created .In
such cases the Govt. makes rules for-

a) Standard of humidification.
b)Methods of creating humidity shall be obtained from
approved source.
c)Water used for creating humidity shall be obtained
from approved source.

Overcrowding

(Sec-16)

No work-room shall be so overcrowded

as to be injurious to the health of
workers.
14.2 meter cube of space shall be
available to every worker and for
measuring this space above 4.2 meter
from the floor shall not be taken into
account

Lighting

(Sec-17)

In every part of the factory where

workers are working or passing sufficient
lighting shall be provided & maintained
natural, artificial or both.
Effective provision shall be made for
direct glare from source of light and
formation of shadows so that there is no
risk of accidents

Drinking Water

(Sec-18)

Effective arrangement shall be made to provide

wholesome drinking water for all workers at suitable
point conveniently situated.

All such water points shall be legibly marked as

"Drinking Water in a language by majority of the
worker.

A minimum distance of 6 m shall be maintained

between an water point & any washing place or urinals.

If more than 250 workers are employed cool drinking

water shall be provided during hot weather.

Latrines And Urinals

(Sec-19)

Sufficient latrines & urinals shall be

provided of convenient places with
separate accommodation for male &
female workers.

They shall be adequately lighted &

ventilated & shall be maintained in clean
& sanitary conditions.

Spittoons (Sec-19)
(1) In every factory there shall be provided a sufficient number of spittoons
in convenient places and they shall be maintained in a clean and hygienic
condition.
(2) The State Government may make rules prescribing the type and the
number of spittoons to be provided and their location in any factory and
provide for such further matters relating to their maintenance in a clean
and hygienic condition.
(3) No person shall spit within the premises of a factory except in the
spittoons provided for the purpose and a notice containing this provision
and the penalty for its violation shall be prominently displayed at suitable
places in the premises.
(4) Whoever spits in contravention of sub-section (3) shall be punishable
with fine not exceeding five rupees.

Welfare Provisions

Washing facility (Sec-42)

Facility for Storing & drying clothing (Sec-43)

Facility for sitting (Sec-44)
First aid appliances (Sec-45)

Canteen (Sec-46)
Shelter, restrooms and lunchrooms (Sec-47)
Crche (Sec-48)

Welfare officers (Sec-49)

Power to make rule (Sec-50)

Washing facility (Sec-42)

Adequate & suitable washing facility

separate for male & female workers
shall be provided & maintained.

They shall be conveniently accessible &

kept clean.

Facility for Storing & drying clothing (Sec-43)

Suitable places shall be provided for

keeping clothing not worn during
working hours & for drying of wet
clothing.

Facility for sitting (Sec-44)

Certain MPs require a worker to work continuously in the

standing position.

In such cases, it may be possible for the worker to

intermittently take rest by sitting down when the opportunity
arises.

Sitting arrangement shall be provided for such workers

near the machine.

If the factory inspector is satisfied that a worker can work

efficiently in a sitting position he may order the occupier to
provide sitting arrangement of the prescribed type.

First aid appliances (Sec45)

For every 150 workers first aid box/ cupboard with

prescribed contents shall be provided & maintained.

Nothing except the prescribed contents shall be kept in

such first aid box.

It shall be kept in the charge of a responsible person

qualified in first aid treatment.

When more than 500 workers are employed ambulance

shall be provided & maintained with prescribed size,
equipments& contents.

Canteen(Sec-46)

Where more than 250 workers are

employed, canteen shall be provided &
maintained for the use of workers.

The State Govt. makes rules for the

standards of construction, furniture, food
to be served & the charges for the same.

Canteen management committee shall be

formed with representatives of workers.

Shelter, restrooms and lunchrooms

(Sec-47)

Where more than 150 workers are employed

a suitable lunch room with drinking water shall

be provided so that the workers can eat meals
brought by them.

Where a lunchroom is provided, no worker shall

eat any food in any workroom.

Where a canteen is already provided, there is

no need to provide a lunchroom.

Crche (Sec-48)

Where more than 30 women workers are provided

a crche shall be provided for their children below
the age of 6 years.

It shall be adequately lighted & ventilated & under

the charge of women trained in the care of children
and infants.

The state Govt. makes rules for free milk or

refreshment for the children & additional rest
intervals for the mothers to feed them.

Welfare officers(Sec-49)

Where 500 or more workers are employed,

prescribed no. of welfare officers shall be
employed.

The state Govt.makes rules for duties,

qualifications and conditions of service for
such welfare officers.

Annual leave with wages

Every worker who has worked for 240

days or more in a calendar year shall be
entitled to in a subsequent calendar year
at the rate of
1 day for every 20 days worked for adult
workers,
1 day for every 15 days worked for Child

The days of layoff, maternity leave and paid leave

are to be treated as the days actually worked.

When the worker enjoys this leave, the holidays

occurring during the leave period shall be
excluded.

If the service of the worker begins otherwise than

on 1st Jan, he shall be entitled to annual leave
with wages at the above rate, if he works for the
2/3rd
of the remaining working days in the calendar
year.

In the event of termination of employee

the worker or his nominee shall be
entitled to wages in lieu of the leave
standing at his credit.
If a worker does not consume all the
leave allowed to him, the unconsumed
leave may be carried forward subject to
a maximum of 30 days.(40 in case of a
child worker)
A worker can enjoy this leave for
maximum 3 times in ayear.

A worker desirous to proceed on leave

must apply for the same at least 15 days
in advance(In the case of Public Utility
Service[PUS] it is 30 days)

Working Hours for adult

Weekly off
Weekly holiday
Compensative holiday
Daily hours
Rest interval
Spread over
Night shifts
Prohibition of overlapping shifts
Extra wages for overtime
Restrictions on Double Employment

Weekly off - No adult worker shall work for more

than 48 hours.

Weekly holiday No adult worker shall work on

the first day of the week unless he has or will
have a whole day holiday during 3 days before
or after such first day.

Compensative Holiday If as a result of shift

change ,a worker is working on any holidays, he
shall be given compensative holidays of equal
no. within a period of 2 months.

Daily hours: No adult worker shall work in a

factory for more than 9 hours in any day.

Rest interval: No worker shall work

continuously for more than 5 hours, unless
he has enjoyed more rest interval of at least
half hour.

Spread over
It means the Period between
commencement & termination of shifts.

The periods of work shall be so arranged i.e.

working hours do not spread over more than
10 and half hours in any day.

The inspector may allow the spread over up

to 12 hours.

Night shifts If a worker works on a shift

which extends beyond the midnight, holiday
for a whole day for him would mean a period
of 24 consecutive hours beginning at the
end of the shift.

Prohibition of overlapping Where the work

is carried on by a system of shifts,2 relays of
workers shall not be engaged in the same
kind of work at the same time.

Thus ,if the 1st shift of machine workers ends

at 3 pm,the 2nd shift can not start by 2
pm,since both these relays of workers would
be engaged in the same kind of work from 2
pm to 3 pm

Extra wages for overtime Where a worker works for more than 9 hrs a day
or 48 hrs a week, he shall be paid overtime wages
@ twice his ordinary rate of wages for such
overtime work.

Ordinary rate of wages means the basic wages &

other allowances.

In case of piece rated workers , it is the avg. wage

of the previous month

Restrictions on Double Employment

No worker shall work in any factory on any
day on which he has already works in any
other factory.
This prohibition is rather for the occupier &
is applicable only when he has knowledge
of such previous employment.