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The Factories Act 1948

Object: It is Act To consolidate and


amend the law regulating labour in
Factories(Oreamble of the Act)
Content
 Chapter 1 Preliminary: Sec 1-7
 Chapter 2 The Inspecting Staff :7A-10
 Chapter 3 Health:11-20
 Chapter 4 Safety:21-41
 Chapter 4A Provision relating to
hazardous process:41A-41H
 Chapter 5 Welfare:42-50
 Chapter 6 Working hours of adult 51-66
 Chapter 7 Employment of young persons
67-77
 Chapter 8 Annual leave with wages 78-84
 Chapter 9 Special Provision 85-91A
 Chapter 10 Penalties and procedure 92-
106A
 Chapter 11 Supplemental 107-120
SCHEDULE I
FIRST [Read sec 2 (cb)]
LIST OF INDUSTRIES INVOLVING
HZARDOUS PROCESS
SCHEDULE II [Sec 41 F]
 Permissible limits of certain
chemical substances in work
environment
Schedule III [Sec 89 & 90]
 List of Notifiable diseases
FACTORY ACT MAINLY DEALS
WITH:
 1. HEALTH ,WELFARE AND SAFETY
OF WORKMEN
 2. WORKING HRS OF ADULT
 3. EMPLOYMENT OF WOMEN AND
YOUNG PERSONS.
Definitions:
 (a) "adult" means a person who has completed his eighteenth year
of age;

 (b) "adolescent" means a person who has completed his fifteen


year of age but has not completed his eighteenth year;
 (bb) "calendar year" means the period of twelve months beginning
with the first day of January in any year;
 (c) "child" means a person who has not completed his fifteenth
year of age;
 (ca) "competent person", in relation to any provision of this Act,
means a person or an institution recognised as such by the Chief
Inspector for the purposes of carrying out tests, examinations and
inspections required to be done in a factory under the provisions of
this Act having regard to - (i) the qualifications and experience of
the person and facilities available at his disposal; or
 (ii) the qualifications and experience of the persons employed in
such institution and facilities available therein, with regard to the
conduct of such test, examinations and inspections, and more than
one person or institution can be recognised as a competent person
in relation to a factory;
(cb) "hazardous process" means any process
or activity in relation to an industry specified
to the First Schedule where, unless special
care is taken, raw materials used therein or
the intermediate or finished products, bye-
products, wastes or effluents thereof would -

(i) cause material impairment to the health of the


persons engaged in or connected therewith, or
(ii) result in the pollution of the general
environment : Provided that the State
Government may, by notification in the Official
Gazette, amend the First Schedule by way of
addition, omission or variation of any industry
specified in the said Schedule;
d) "young person" means a person who is either
a child or an adolescent;
(e) "day" means a period of twenty-four hours
beginning at midnight;
(f) "week" means a period of seven days
beginning at midnight on Saturday night or
such other night as may be approved in writing
for a particular area by the Chief Inspector of
factories;
(g) "power" means electrical energy, or any
other form of energy which is mechanically
transmitted and is not generated by human or
animal agency;
(k) "manufacturing process" means any process for -

 (i) 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, delivery or disposal, or
(ii) pumping oil, water, sewage or any other substance; or;
(iii) generating, transforming or transmitting power; or
 (iv) composing types for printing, printing by letter press, lithography,
photogravure or other similar process or book binding; lra-6 ] [ lra-7
or lra-7 ]
 (v) constructing, reconstructing, repairing, refitting, finishing or
breaking up ships or vessels; (Inserted by the Factories (Amendment)
Act, 1976, w.e.f. 26-10-1976.)
 (vi) preserving or storing any article in cold storage; (l) "worker"
means a person employed, directly or by or through any agency
(including a contractor) with or without the knowledge of the principal
employer, whether for remuneration or not, in any manufacturing
process, or in cleaning any part of the machinery or premises used for
a manufacturing process, or in any other kind of work incidental to, or
connected with, the manufacturing process, or the subject of the
manufacturing process but does not include any member of the armed
forces of the union;
m) "factory" means any premises
including the precincts thereof -
 (i) whereon ten or more workers are working, or were
working on any day of the preceding twelve 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
 (ii) whereon twenty or more workers are working, or were
working on any day of the preceding twelve 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, but does not
include a mine subject to the operation of the Mines Act, 1952 (35
of 1952), or a mobile unit belonging to the armed forces of the
union, a railway running shed or a hotel, restaurant or eating
place;
 Explanation I : For computing the number of workers for the
purposes of this clause all the workers in different groups and
relays in a day shall be taken into account.
 Explanation II : For the purposes of this clause, the mere fact that
an Electronic Data Processing Unit or a Computer Unit is installed
in any premises or part thereof, shall not be construed to make it
a factory if no manufacturing process is being carried on in such
premises or part thereof;
(n) "occupier

 of a factory means the person who has


ultimate control over the affairs of the
factory :
 Provided that - (i) in the case of a firm or
other association of individuals, any one of
the individual partners or members thereof
shall be deemed to be the occupier;
 (ii) in the case of a company, any one of the
directors shall be deemed to be the
occupier;
(iii) in the case of a factory owned or
controlled by the Central Government or
any State Government, or any local
authority, the person or persons appointed
to manage the affairs of the factory by the
Central Government, the State
Government or the local authority, as the
case may be, shall be deemed to be the
occupier :
 (p) "prescribed" means prescribed by rules
made by the State Government under this
Act;

 (r) where work of the same kind is carried


out by two or more sets of workers working
during different periods of the day, each of
such sets is called a "group" or "relay" and
each of such periods is called a "shift".
Premises
 Generic Term meaning open
land or land with building alone

Presincts
 Space enclosed by walls
Capter III HEALTH
 11. CLEANLINESS: Weekly,fourteen
manths and five years
 16. Over crowding :9.9 cu
m,:WORKROOM 14.2 cu m: Factory
 18. DRINKING WATER : 250
workers ,6m –no other contemination
 20. SPITTOONS : Fine not to exceed
Rs 500
Chapter IV SAFETY
 21. :Fencing of machinery –for
protection from anticipated threat
 23:Employment of young persons on
dangerous machines –prohibited
unless trained.\
 27: Employment of women and
children near cotton –openers-
Prohibited (only in some case
allowed)
 33:Pits ,Sumps openings in Floors
etc-covering it to see that it ceases
to be a source of danger.
Case: state of mysore Vs Narayanan
Raghavendrashirur (1966-67)
 40 B: Safety officers :where 1000or
more workers employed

Case –Debesh Kumar Bhattacharya VS


Rishra Steel Ltd 1995
(Issuance of notification Indispecsible
condition)
Chapter IV A Provision relating to
Hazardous Process
 41 A: Constitution of site appraisal
committee
 41D:Power of C.G to appoint inquiry
committee
 41F :Permissible limits of exposure of
chemical and toxic substances-2nd
Schedule
Chapter V Welfare
 42:Washing Facility
 45:First Aid Facility : First aid box

one for every 150 0r more employees


 46:where 250 or more employees are

working
(case Kanpur Karmachari Union (Regd)
Vs Union of India) AIR 1988 Sc 1965
 Spreadover :every worker/employee
is required to work not more than 48
hrs a week,9 hrs a day(10.5 hrs
inclusive of intervals)
 Over time: Twice the rate of a
normal day of work
 Adult register: to be maintained
Chapter VII Employment of young
person
 Prohibition of employment of young
person : below 14 yrs
 Working hrs for children:not more
than 4.5 hrs in any day
 Power to require medical examination
for employees
 Power to make rule
Chapter VIII Annual Leave with
wages
 78: Application of chapter :all excluding
some institutions like railways
 79 : Annual leave with wages –
*For every 20 day of continuous work one
day of earned leave for adults (Carry not
more than 30 days)
*For every 15 day of continuous work one
day of earned leave for children
(Carry not more than 40 days)
(Case – D N Bandopadhyay Vs
Presiding officer)
 80: Wages during leave period – As
per govt norms
 81: Payment in Advance in certain

case
Case: Maharashtra General Kamgar
Union VS Bharat Petroleum
corporation (LTD) 1996
Chapter IX Special Provisions
 85 : Power to a[pply the Act to
certain premises Case:
Panneerselvam Matsh Industries Vs
State of Tamil Nadu(Legislative
Instrument)
 89 :Notice of certain Disease –ref III
Schedule
 91: Power to take Samples
Chapter X Penalties and Procedure
 92: General Penalty for offences-2
yrs Imprisionment or Rs 100000 and
if offence continued Rs 1000 per day
Death –Rs 25000
Serious bodily injury- Rs 5000

 95: Penalty for obstructing Inspectors


-6 month or 1000 or both
 96: Wrongfully disclosing results :Penalty for
obstructing Inspectors -6 month or 1000 or
both
 96 A: Contravention of 41 B, 41C, 41H –
Extend to 7 yrs ,to 2 lacs,Rs 5000 per day
resp.
 Offences of workers: Rs 500
 False Certification of fitness -2 Months or Rs
1000 or both
 Double employment of child-Rs 1000
 THANK YOU