The Factories Act, 1948

Highlights

Employee Health

Cleanliness {Section 11}

Every factory should be kept clean and free from effluvia arising from any drain, privy or other
nuisance.

Disposal of wastes and effluents {Section12}

Effective arrangements should be made in every factory for the treatment and effluents due to the
manufacturing process carried on therein, so as to render them innocuous, and for their disposal.

Ventilation and temperature {Section 13}

Effective and suitable provisions should be made in every factory for securing and maintaining in
every workroom; adequate ventilation by the circulation of fresh air; and such a temperatures will
secure to workers therein reasonable conditions of comfort and prevent injury to health.

Dust and fume {Section 14}

Effective measures should be taken to prevent inhalation of dust and fume that may produce in the
course of manufacturing process.

Artificial humidification {Section 15}

In any factory where the humidity of air is artificially increased, the State Government may make
rules prescribing standards of humidification; regulating the methods used for artificially increasing
humidity of the air; and directing prescribed test for determining the humidity of the air to be
correctly carried out and recorded; and prescribing methods to be adopted for securing adequate
ventilation and cooling of the air in the workrooms.

Overcrowding {Section 16}

No room in any factory should lie overcrowded to an extent injurious to the health of the workers
employed therein.

Lighting {Section 17}

In every part of a factory where workers are working or passing, there should be provided and
maintained sufficient and suitable lighting, natural or artificial, or both.
Drinking water {Section 18}

In every factory effective arrangements should be made to provide and maintain at suitable points
conveniently' situated for all workers employed therein a sufficient supply of wholesome drinking
water.

Latrines and urinals {Section 19}

In every factory sufficient latrine and urinal accommodation of prescribed types should be provided
conveniently situated and accessible to workers, separately for male and female workers, at all times
while they are at the factory.

Spittoons {Section 20}

In every factory there should be provided a sufficient number of spittoons in convenient places and
they shall be maintained in a clean and hygienic condition.

Employee Safety

The machinery in every factory should be properly fenced. {Section 21}

Only the trained adult male worker, wearing tight fitting clothing which should be supplied by the
Occupier, should be allowed to work near the machinery in motion. {Section 22}

No young person shall be employed on dangerous machinery, unless he is fully instructed as to the
danger arising in connection with the machine and the precautions to be observed and he has
received sufficient training in work at the machine. {Section 23}

Suitable arrangements should be made to provide striking gear and devices for cutting off power in
case of emergencies. {Section 24}

Sufficient precautions should be taken with regard to self-acting machines to avoid accidents.
{Section 25}

To prevent danger, all machinery driven by power should be encased and effectively guarded.
{Section 26}

Woman worker and children should not be employed in any part of the factory for pressing cotton in
which a cotton-opener is at work. {Section 27}

Hoists and Lifts in a factory should be periodically inspected by the Competent Person. {Section 28}

Lifting Machines, Chains, Ropes and Lifting Tackles in a factory should be periodically inspected by
the Competent Person. {Section 29}
Where process of grinding is carried on, a notice indicating the maximum safe working peripheral
speed of every grind-stone or abrasive wheel etc., should be fixed to the revolving
machinery.{Section 30}

Where any plant or machinery or any part thereof is operated at a pressure above atmospheric
pressure, effective measures should be taken to ensure that the safe working pressure of such plant
of machinery or part is not exceeded.{Section 31}

Floors, stairs and means of access should be soundly constructed and properly maintained. {Section
32}

Pits, sumps opening in floor etc., should be either securely covered or fenced. {Section 33}

No workman shall be employed in any factory to lift, carry or move any load so heavy as to be likely
to cause him injury. {Section 34}

Necessary protective equipment should be provided to protect the eyes of the workman, where the
working involves risk of injury to the eyes. {Section 35}

Suitable precautionary arrangements should be taken against dangerous fumes, gases etc. {Section
36}

Every practicable measures should be taken to prevent any explosion where the manufacturing
process produces dust, gas, fume or vapour etc. {Section 37}

Every practicable measures should be taken to prevent the outbreak of fire and its spread, both
internally and externally. {Section 38}

The Inspector of Factories can ask the Occupier or the Manager of the Factory to furnish drawings,
specification etc., of any building, machinery or a plant, in case he feels that condition of such
building, machinery or the plant may likely to cause danger to human life. {Section 39}

The Inspector of Factories can suggest suitable measures of steps to take by the Occupier or
Manager for implementation, when he feels the condition of any building, machinery or a plant may
likely to cause danger to human life. {Section 40}

Wherein 1000 or more workmen are employed in a factory, the Occupier should appoint a Safety
Officer to look after the safety aspects of the factory. {Section 40-B}

Employee Welfare

Adequate and suitable 'washing facilities' should be provided in every factory. {Section 42}

Provision should be made to provide suitable places for keeping clothing not worn during working
hours and for the drying of wet clothing.{Section 43}

In every factory, suitable arrangements for sitting should be provided and maintained for all workers
obliged to work in a standing position, in order that they may take advantage of any opportunities
for rest which may occur in the course of their work.{Section 44}

First-Aid Boxes with the prescribed contents should be provided and maintained so as to be readily
accessible during all working hours at the rate of at least one Box for every 150 workmen. {Section
45}
In every factory wherein more than 500 workers are employed there should be provided and
maintained an Ambulance containing the prescribed equipment and in the charge of such medical
and nursing staff. {Section 45(4)}

The Occupier should provide a canteen for the use of workers in every factory, where the number of
workmen employed is more than 250.{Section 46}

In every factory wherein more than 150 workers are employed adequate and suitable shelters or
rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat
meals brought by them, should be provided and maintained for the use of the workers. {Section 47}

In every factory wherein more than 30 women workers are ordinarily employed there should be
provided and maintained a suitable room for the use of children under the age of six years of such
women. {Section 48}

In every factory wherein more than 500 or more workers are employed, the Occupier should employ
in the factory such number of Welfare Officers as may be prescribed. {Section 49}

Working Hours of Adult Workers

Ordinarily, a worker should not be allowed to work in a factory for more than 48 hours in any week.
{Section 51}

The workman should have one holiday for a whole day in a week. Where he was asked to work on
his scheduled weekly holiday, he should be given compensatory holiday within three days of his
scheduled weekly holiday. {Section 52}

After obtaining approval from the Inspector of Factories, the workman shall be allowed to avail the
compensatory holidays unavailed by him, within that month during which the compensatory
holidays are due or within two months immediately following that month. {Section 53}

Subject to the provisions of Section 51 no worker should be allowed to work more than nine hours in
a day. {Section 54}

The timings of work should be fixed in such a way that no worker should be required to work
continuously for more than five hours; and he should be allowed to avail an interval for rest of at
least half-an hour during his work in a day. {Section 55}

The period of work of a workman should be so arranged that inclusive of his interval for rest under
Section 55 should not spread over more than ten and a half hours in any day. {Section 56}.

worker works in a factory for more than nine hours in any day or for more than forty-eight hours in
any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary
rate of wages.{section 59}
FURTHER RESTRICTIONS ON EMPLOYMENT OF WOMEN. [section 66]

Women is not allowed to work during the night hours from between 10 P.M. and 5 A.M. Factories
act 1948, shall allow women to work in between the hours of 6 A.M. and 7 P.M. only.

General Duties of the Occupier

Every Occupier should ensure, so far is reasonably practicable the health, safety and welfare of all
workers while they are at work in the factory.

Without prejudice to the generality of the provisions of sub-section (1), the matters to which such
duty extends, include -

the provisions and maintenance of plant and systems of work in the factory that are safe and
without risks to health; .

the arrangements in the factory for ensuring safety and absence of risks to health in connection with
the use, handling, storage and transport of articles and substance;

the provision of such information, instruction, training and supervision as are necessary to ensure
.the health and safety of all workers at work;

the maintenance of all places of work in the factory in a condition that is safe and without risks to
health and the provision and maintenance of such means of access to, and egress from, such places
as are safe and without such risks;

the provision, maintenance or monitoring of such working environment in the factory for the
workers that is safe, without risks to health and adequate s regards facilities and arrangements for
their welfare at work.

Except in such cases as may be prescribed, every Occupier should prepare, and, so often as may be
appropriate, revise, a written statement of his general policy with respect to the health and safety of
the workers at work and the organization and arrangements for the time being in force for carrying
out that policy, and to bring the statement and any revision thereof to the notice of all the workers
in such manner as may be prescribed. {Section 7-A}

Specific responsibility of the occupier in relation to hazardous processes ( Section 41C.) Also read
the new sections 41A to 41H

Every occupier of a factory involving any hazardous process shall-

(a) maintain accurate and up-to-date health records or, as the case may be, medical records, of
the workers in the factory who are exposed to any chemical, toxic or any other harmful
substances which are manufactured, stored, handled or transported and such records shall be
accessible to the workers subject to such conditions as may be prescribed;
 (b) appoint persons who possess qualifications and experience in handling hazardous substances
and are competent to supervise such handling within the factory and to provide at the working place
all the necessary facilities for protecting the workers in the manner prescribed:

Provided that where any question arises as to the qualifications and experience of a person so
appointed, the decision of the Chief Inspector shall be final;

(c) provide for medical examination of every worker-

(i) before such worker is assigned to a job involving the handling of, or working with, a
hazardous substance, and

(ii) while continuing in such job, and after he has ceased to work in such job, at intervals not
exceeding twelve months in such manner as may be prescribed.

Creches (Section 48)

(1) In every factory wherein more than thirty women workers are ordinarily employed there shall be
provided and maintained a suitable room or rooms for the use of children under the age of six years
of such women.

(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated,
shall be maintained in a clean and sanitary condition and shall be under the charge of women
trained in the care of children and infants.

Employment of Young Persons

Section 67. Prohibition of employment of young children. -

No child who has not completed his fourteenth year shall be required or allowed to work in any
factory.

Section 68. Non-adult workers to carry tokens. -

A child who has completed his fourteenth year or an adolescent shall not be required or allowed to
work in any factory, unless -
 (a) a certificate of fitness granted with reference to him under section 69, is in the custody of
manager of the factory, and

(b) such child or adolescent carries while he is at work, a token giving a reference to such
certificate.

Section 69. Certificate of fitness. -

A certifying surgeon shall, on the application of any young person or his parent or guardian
accompanied by a document signed by the manager of a factory that such person will be employed
therein if certified to be fit for work in a factory, or on the application of the manager of the factory,
in which any young person wishes to work, examine such person and ascertain his fitness for work in
a factory.

(2) The certifying surgeon, after examination, may grant to such young person, in the prescribed
form, or may renew-

(a) certificate of fitness to work in a factory as a child, if he is satisfied that the young person has
completed his fourteenth year, that he has attained the prescribed physical standards and that he is
fit for such work;

(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person
has completed his fifteenth year and is fit for a full day's work in a factory:

Provided that unless the certifying surgeon has personal knowledge of the place where the young
person proposes to work and of the manufacturing process in which he will be employed, he shall
not grant or renew a certificate under this sub-section until he has examined such place.

(3) A certificate of fitness granted or renewed under sub-section (2)-

(a) shall be valid only for a period of twelve months from the date thereof:

(b) may be made subject to conditions in regard to the nature of the work in which the young
person may be employed, or requiring reexamination of the young person before the expiry of the
period of twelve months.

(4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if in his
opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.
(5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind
requested or revokes a certificate, he shall, if so requested by any person who could have applied for
the certificate or the renewal thereof, state his reasons in writing for so doing.

(6) Where a certificate under this section with reference to any young person is granted or renewed
subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall
not be required or allowed to work in any factory except in accordance with those conditions.

(7) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be
recoverable from the young person, his parents or guardian.

Section 70. Effect of certificate of fitness granted to adolescent. -

(1) An adolescent, who has been granted certificate of fitness to work in a factory as an adult under
clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a taken giving
reference to the certificate, shall be deemed to be an adult for all the purposes of Chapters VI and
VIII;

(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years
but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or
allowed to work in any factory except between 6 A.M. and 7 P.M.

Provided that the State Government may, by notification in the Official Gazette, in respect of any
factory or group or class or description of factories,-

(i) vary the limits laid down in this sub-section so, however, that no such section shall authorise
the employment of any female, adolescent between 10 P.M. and 5 A.M.

(ii) grant exemption from the provisions of this sub-section in case of serious emergency where
national interest is involved. (2) An adolescent who has not been granted a certificate of fitness to
work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be
deemed to be a child for all the purposes of this Act.

Section 71. Working hours for children. -

(1) No child shall be employed or permitted to work in any factory-

(b) during the night.

Explanation. - For the purpose of this sub-section "night" shall mean a period of at least twelve
consecutive hours which shall include the interval between 10 P.M. and 6 A.M.

(2) The period of work of all children employed in a factory shall be limited to two shifts which shall
not overlap or spreadover more than five hours each; and each child shall be employed in only one
of the relays which shall not, except with the previous permission in writing of the Chief Inspector,
be changed more frequently than once in a period of thirty days.

(3) The provisions of section 52 shall apply also to child workers and no exemption from the
provisions of that section may be granted in respect of any child.

(4) No child shall be required or allowed to work in any factory on any day on which he has already
been working in another factory.

(5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7
P.M.

Section 72. Notice of period of work for children. -

(1) There shall be displayed and correctly maintained in every factory in which children are
employed, in accordance with the provisions of sub-section (2) of section 108, a notice of periods of
work for children, showing clear}y for every day the periods during which children may be required
or allowed to work.

(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in
accordance with the method laid down for adult workers in section 61, and shall be such that
children working for those periods would not be working in contravention of any of the provisions of
section 71.

(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice
required by sub-section (1) of this section.
Section 73. Register of child workers. -

(1) The manager of every factory in which children are employed shall maintain a register of child
workers, to be available to the Inspector at all times during working hours or when any work is being
carried on in a factory, showing -

(a) the name of each child worker in the factory,

(b) the nature of his work,

(c) the group, if any, in which he is included,

(d) where his group works on shifts, the relay to which he is allotted, and

(e) the number of his certificate of fitness granted under section 69.

(1A) No child worker shall be required or allowed to work in any factory unless his name and other
particulars have been entered in the register of child workers.

(2) The State Government may prescribe the form of the register of child workers, the manner in
which it shall be maintained and the period for which it shall be preserved.

Section 74. Hours of work to correspond with notice under section 72 and register under section 73.
-

No child shall be employed in any factory otherwise than in accordance with the notice of periods of
work for children displayed in the factory and the entries made beforehand against his name in the
register of child workers of the factory.

Section 75. Power to require medical examination. -

Where an Inspector is of opinion -

(a) that any person working in factory without a certificate of fitness is a young person, or

(b) that a young person working in a factory with a certificate of fitness is no longer fit to work in
the capacity stated therein, -
he may serve on the manager of the factory a notice requiring that such person or young person, as
the case may be shall be, examined by a certifying surgeon, and such person or young person shall
not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been
so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case
may be, under section 69, or has been certified by the certifying surgeon examining him not to be a
young person.

Section 76. Power to make rules. -

The State Government may make rules-

(a) prescribing the forms of certificate of fitness to be granted under section 69, providing for the
grant of duplicates in the event of loss of the original certificate, and fixing the fees which may be
charged for such certificates and renewals thereof and such duplicates;

(b) prescribing the physical standards to be attained by children and adolescents working in
factories;

(c) regulating the procedure of certifying surgeons under this Chapter;

(d) specifying other duties which certifying surgeons may be required to perform in connection
with the employment of young persons in factories, and fixing the fees which may be charged for
such duties and the persons by whom they shall be payable.

Section 77. Certain other provisions of law not barred. -

The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the
Employment of Children Act, 1938 (XXVt of 1938).