OBJECTIVES:
The Factories Act, 1948 enacted to regulate the working conditions in factories. Factories
Act is a social legislation and it provides for the health, safety, welfare and other aspects
of the workers in the factories.
Section 1(Introduction):
The Act extends to whole of India including Jammu & Kashmir.
Came into force 01/04/1949
Section Description Defination
[Section 2(a)] Adult Completed 18 Yrs of Age
[Section 2(b)] Adolescent Completed 15 Yrs of age But not Completed 18 Yrs of Age
[Section 2(bb)] Calendar Year Period of 12 months beginning with 1st Jan of any year
[Section 2(c)] Child not completed 15 Yrs of age
A person recognised as such
[Section 2(ca)] Competent Person by the Chief Inspector for the purposes of carrying out tests,
examinations and inspections required to be done in a factory
Any process or activity(specified in Schedule First)unless special
care is taken raw materials used therein or the intermediate or
[Section 2(cb)] Hazardous Process finished products woul (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
[Section 2(d)] Young Person A person who is either a child or an adolescent
[Section 2(e)] Day 24Hrs beginning at mid-night
[Section 2(f)] Week 7 Days week beginning at mid-night on Saturday
[Section 2(g)] Power electrical energy not generated by human
[Section 2(h)] Prime Mover which generates or otherwise provides power
Transmission the motion of a prime-mover is transmitted to or received by any
[Section 2(i)]
Machinery machinery
term includes prime-movers, transmission machinery and all other
[Section 2(j)] Machinery
appliances whereby power is generated,transformed, transmitted or
[Section 2(k)] Manufacturing Process:
(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning,
breaking up, demolishing, or otherwise, treating or adopting any article or substance with a
view to its use, sale, transport, delivery or disposal; or
(ii) Pumping oil, water or sewage or any other substance; or
(iii) Generating, transforming, transmitting power; or
(iv) composing types for printing, printing by letter-press, lithography, photogravure or
other similar process, or book-binding; or
(v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels; or
(vi) Preserving or storing any article in cold storage.
Worker [Section 2(l)]
“Worker” means a person employed
Directly or Indirectly (including a contractor)
with or without knowledge of the principal employer
whether for remuneration or not
in any manufacturing process or the subject of the manufacturing process
Note : does not include any member of the armed forces of the Union
Concept of employment
Employer: one who employs Employee: one who works for another for hire
Factory [Section 2(m)] Any Premises including Precincts
With the aid of power, whereon 10 or Without the aid of power, whereon 20 or
more workers are working, or were more workers are working, or were
working working
on a any day of the preceding twelve months
in any part of which a manufacturing process is being carried on or
is ordinarily so carried on;
Note :
The following are not covered by the definition of factory:
(i) Railway running sheds, (ii) mines, (iii) mobile units of armed forces, (iv) hotels, eating
places or restaurants
Occupier Section 2(n]:
who has ultimate control over the affairs of the factory.
shall be deemed to be the occupier in following cases:
Firm : any one of the individual partners
Company: any one of the directors.
Government factory : persons appointed to manage the affairs of the factory by
CG/SG/PSU
References to time of day Reference to Indian standard
Time
Section 03
To declare different This power will be utilized by
departments to be separate the State Government
Section 04 factories or two or more
factories to be single factory
for the purposes of this Act.
Power to exempt during public State Government to exempt
emergency by notification any of the
Section 05
provisions of this Act
Section 06 APPROVALS, LICENSING AND REGISTRATION OF FACTORIES:-
submission of plans of any class or description of factories to the Chief Inspector or
the State Government
obtaining previous permission of the State Government or the Chief Inspector, for
the site on which factory is to be situated
Nature of plans and specifications and the authority certifying them.
[Section 6(2)] Automatic approval
If an application is made for the approval of site for construction or extension of the factory
and required plans and specifications have been submitted by registered post to the State
Government or the Chief Inspector and if no reply is received within three months from
the date on which it is sent the application stands automatically approved
Appeal against refusal to grant permission
If the State Government or Chief Inspector do not grant permission to the site, construction
or extension of a factory, or to the registration and licensing of a factory, the applicant may
within 30 days of the date of such refusal appeal to:
(i) The Central Government against the order of the State Government;
(ii) The State Government against the order of any other authority.
[Section 7] Notice by occupier
The occupier of a factory to send a written notice, containing prescribed particulars,
to the Chief Inspector at least 15 days before an occupier begins to occupy or use
premises as a factory
30 days before the date of resumption of work in case of seasonal factories
Contents of notice
Name /Address /Communication Address/Name of manager/Name of Manufacturing
process/Rated HP/Number of workers
Notice where new manager is appointed
The occupier shall send to the Inspector a written notice and to the Chief Inspector a copy
thereof, within seven days from the date on which such person takes over charge.
Note :- When there is no manager – occupier deemed as manager
Section 7A General duties of occupier
Occupier shall ensure the health, safety and welfare of all workers while they are at work in
the factory.
The provision and maintenance of plant and systems of work in the factory that are
safe and without risks to health
the arrangement in the factory for ensuring safety and absence of risks to health in
connection with factory
.
