Factories Act, 1948

Module 4

M.V.P.S. Law College Nashik

Manoj J.Pekhale
Module 4

Factories Act, 1948

Introduction - There has been rapid industrialization in India during the second half of nineteenth
century. The first Factories Act was passed in 1881. Since then, the Act has been amended on many
occasions. The Factories Act, 1934 was enacted to replace all previous legislations in regard to factories.
The Act was drafted in the light of the recommendations of Royal Commission on Labour and the
Conventions of International Labour Organization. This Act was suitably amended from time to time. The
working of the Act exposed a number of defects, abuses and weaknesses which hindered in effective
administration. There was genuine need for the revision of the Act. Therefore, Factories Act, 1948,
consolidating the previous laws was passed in 1948. The Act received the assent of the Governor-
General of India on 23rd September, 1948 and came into force on 1st April, 1949.

The Act was substantially amended in 1987. Some provisions of the Amending Act came into force with
effect from 1st December, 1987 and others from 1st June, 1988.

Accordingly, a new chapter dealing with ―Annual Leave with Wages‖ was substituted for Chapter VIII of
the Act. A prohibition against employment of women and young person‘s during night has been enacted
by this Act. No woman or young person can be employed for cleaning, lubricating or adjusting any prime
mover or transmission machinery while it is in motion; if such work is likely to expose them to risk of injury

The objects of the Act are: -

(1) To afford protection to human beings from long hours of work.

(2) To provide for healthy and sanitary conditions in the factories.

(3) To take precautions for the safety of the workers.

(4) To provide for the prevention of accidents on machines and other equipments.

(5) To regulate and control its working by appointment of Inspectors by the State Government.

In short this is a labour regulating measure designed primarily for the welfare of the factory workers, The
Factories Act is a piece of social welfare legislation. It governs the working conditions of workmen in
factories. It deals mainly with health, welfare and safety of workman, working hours of adults and annual
leave with wages and employment of woman and young persons.

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1. Important definition under the Factories Act, 1948

(a) Adult Sec. 2 (a): Adult‘ means a person who has completed his eighteenth year of age.

(b) Adolescent Sec. 2 (b) : ‗Adolescent‘ means a person who has completed his fifteenth year of age
but has not completed his eighteenth year.

(c) Calendar Year Sec. 2 (bb) ‗Calendar Year means the period of twelve months beginning with the first
day of January in any year.

(d) Child Sec.2 (c) : ‗Child‘ means a person who has not completed his fifteenth year of age.

(e) Competent Person Sec. 2 (ca) : ‗Competent Person‘ in relation to any provision of this Act means a
person or an institution recognized as such by the Chief Inspector for the purpose of carrying out tests,
examinations and inspections required to be done in the 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 tests, examinations and inspections, and more than one
person or institution can be recognized as a competent person in relation to a factory.

(f) Hazardous Process Sec. 2 (cb): Hazardous process means and includes any process or any activity
in relation to an industry specified in 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 injury to the health of persons engaged in or connected there with; or
(ii) Result in the pollution of the general environment.

It is further provided that the State Government may amend the First Schedule by way of addition,
omission or variation of any industry specified in the said schedule, by proper notification in the Official
Gazette.

(g) Young Person Sec. 2 (d): Young person means a person who is either child or an adolescent.
Section 67 of this Act provides that no person may be employed in a factory, if he has not completed his
fourteenth year of age. Considering the provision thus made, workers who are young person must be
those who have completed fourteen years of age but not completed their eighteenth year of age.

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(h) Day Sec. 2 (e): Day‘ means a period of twenty four hours beginning at midnight.

Chick V/s. Smith It was held that no fraction of time is admissible in law except in cases where it is very
essential to distinguish. Day denotes the period from midnight to midnight.

In this Act, references to time of day are references to Indian Standard Time, being five and half hours
ahead of Greenwich Mean Time [Section 3].

It is provided that for any area in which Indian Standard Time is not ordinarily observed, the State
Government is competent to make rules:

(i) Specifying the area;

(ii) Defining the local mean time ordinarily observed therein and

(iii) Permitting such time to be observed in all or any of the facilities situated in the area.

(i) Week Sec. 2 (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.

(j) Manufacturing Process Sec. 2 (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 letters press, lithography photogravure or any 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.

The above mentioned definition makes clear the meaning of the manufacturing process. In deciding
whether a particular business or process is a manufacturing process or not the circumstances of each
particular case must be considered. To constitute a manufacturing process it is very essential that there
must be some sort of transformation of articles. This means the articles must be transformed in any other
form or into a finished product and the articles must become commercially known as something different

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or as another from which it acquires its existence. Following processes have been held to be
manufacturing processes:

(1) Bidi making [Chintaman Rao V/s. M. P. State].

(2) The work of composition in printing business.

(3) Moulding and transformation of raw cinematography films into a finished product [Gemini Studio V/s.
State].

(4) Use of electric motor for lifting water.

(5) The scrapping of salt and its gradation, Salt work which consists of converting sea-water into salt
[Bhivaniwala V/s Bombay State].

(6) Use of refrigerators for treating or adapting any article with a view to its sale [New Taj Mahal V/s.
Inspector of Factories].

(7) Activities of petrol pump [Gateway Auto service V/s. regional Director].

(8) Preparation of food stuffs and other eatables in the kitchen of restaurant, New Taj Mahal Co. v
Inspector of Factories, Mangalore 1956.

(9) Manufacturing process carried on in substations of Electricity Board though there is no transmission of
electrical energy, Public Prosecutor High Court of A.P. v. B. Babu A.I.R. 1979.

(10) Pasteurization of milk for sale, Coimbatore Co-op Milk Supply Union Ltd. v. The E.S.I 4973.

(11) Removal of outer cover of coffee seeds. A. Venkatachalam v. State of Madras1974

Following processes are not manufacturing processes:

(i) Exhibition of films process.

(ii) Industrial school or institute imparting training, producing cloth, not with a view to its sale.

(iii) Receiving of news from various sources on a reel in a tele printer of a newspaper office.

(iv) Any preliminary packing of raw materials for delivering it to the factory.

(v) Finished goods and packing thereof.

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(k) Worker Sec. 2 (1): ‘Worker‘ means any 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 manufacturing process but the term worker does not include any member of the
armed forces of the, union.

In different cases the following persons were declared to be ‗workers‘:

(a) any apprentice or an honorary employee.

(b) Any person engaged in a manufacturing process whether for wages or not.

(c) Any worker doing clerical job satisfying the test as laid down in the definition.

(d) Any person selling manufacturing articles in the premises of the factory.

(e) Piece-rate worker who is a regular and is under an obligation to work either for fixed period or
between fixed hours as per contract of employment of service, Maharashtra State V/s. Waji.

(f) Time office clerk and time keeper in a workshop.

(g) It was decided in one case Rahtas Industries V/s. Lakhan, that a person who was engaged in a
paper factory and used to receive raw material like bamboo pulp and waste papers is a worker.

But, the following persons were held that they were not workers:

(a) a piece-rate worker who used to go to the factory at his sweet will was not considered as worker.

(b) The employees of a sole selling agent of the products of a factory were not held to be its workers.
Crown V/s Narayan.

(c) Selling agents occupying a room in a factory.

(d) Partners working in the canteen.

Factory

Sec. 2 (m) Factory‘ means any premises…

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(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 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 part of which a manufacturing process is being include a mine which is subject to the
operation of the Mine Act of 1952, or a mobile unit belonging to the armed forces of the Union, a railway
running shed or a hotel, restaurant or any eating house or place.

In short a factory is any premises whereon ten or more persons are engaged if power is used or twenty or
more persons are engaged in any manufacturing process if power is not used. The mine a mobile unit of
the Armed forces of the Union, a railway running shed, a hotel, restaurant or any eating place are
excluded.

Occupier

Sec. 2 (n) of an Act Occupier means the person who had ultimate control over the affairs of the factory:
provided that—

(i) In the case of a firm or other associations 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 and 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 or State Government or the local authority, shall be deemed to the occupier:

Note: An occupier maybe an owner, a lessee or a mere licensee but he must have the right to occupy the
property and dictate terms of management.

The expression occupier as defined in section 2(n) is not to be equated with ‗owner‘. No doubt the
ultimate control over a factory must necessarily be with owner unless the owner has completely
transferred that control to another person. Whether that was done in a particular case is a question of
fact. Therefore, the manager of a factory who claims to be an occupier of the factory must lay before the
Chief Inspector of the Factories the necessary material for showing that the company had in some
manner transferred the entire control over the factory to him In the absence of such material an
application for renewal of license signed by the manager is not in proper form and cannot be acted upon.

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Where premises are given over to partnership firm in return for periodic payment and the owner of the
premises has no control over them, he cannot be said to be an ‗occupier.‘

There is a lot of controversy regarding ‗occupier‘ in case of a company, as this section provides that any
one of the directors of the company shall be deemed to be the occupier of the factory. There are views
expressed in this regard that the Board of Directors of a company could appoint a person to be ‗occupier‘
of the factory, so that if any proceedings were to be taken against the factory, he would be in a better
position to answer rather than the Board of Directors.

Larsen and Toubro ltd v/s The Director of Industrial Health and Safety (1995) MP

the High Court held that section 2(m) of the Factories Act, as amended, provides that ‗occupier‘ of a
factory means a person who has ultimate control over the affairs of the factory. By a resolution dated
28.6.1‘993, the company indicated that deputy G.M. was designated to be having ultimate control over
the affairs of the factory.

2. Inspecting staff / Administrative Machinery under Factories Act

Inspector-

Appointment: Section 3 empowers the State Government to appoint Inspectors, Additional Inspectors
and Chief Inspectors such persons who possess prescribed qualifications.

Section 8(2) empowers the State Government to appoint any person to be a Chief Inspector. To assist
him, the Government may appoint Additional Joint or Deputy Chief Inspectors and such other officers as it
think fit. Sec. (2A)

Every District Magistrate shall be an Inspector for his district. The State Government may appoint certain
public officers to be the Additional Inspectors for certain areas assigned to them. Sec. 3 (5)

The appointment of Inspectors, Additional Inspectors and Chief Inspector can be made only by issuing a
notification in the Official Gazette. When in any area, there are more Inspectors than one, the State
Government may be notification in the Official Gazette declare the powers which such Inspectors shall
respectively exercise and the Inspector to whom the prescribed notices are to be sent. Inspector
appointed under the Act is an Inspector for all purposes of this Act. Assignment of local area to an
Inspector is within the discretion of the State Government. Sec. 8 (6)

A chief inspector is appointed for the whole state. He shall be in addition to the powers conferred on a
Chief Inspector under this Act, exercising the power of an Inspector throughout the State. Therefore, if a

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Chief Inspector files a complaint, the Court can legally take cognizance of an offence. The Additional,
Joint or Deputy Chief Inspector or any other Officer so appointed shall in addition to the powers of a Chief
Inspector exercise the powers of an Inspector throughout the state.

Person Ceases to be Inspectors: Under Sec. 8 (3) no person can hold office of Inspector, Additional
Inspector or Chief Inspector, (including Additional or Joint or Deputy Chief Inspector) or having been so
appointed can continue to hold office, who is or becomes directly or indirectly interested (i) In a factory, or
(ii) In any process, or business carried on therein; or (iii) any plant or machinery connected therewith.

Powers of Inspectors: Sec. 9 describe the powers of the Inspectors subject to any rules made in this
behalf for the purpose of the Act. An inspector may exercise any of the following powers within the local
limits for which he is appointed:

(a) He can enter any place which is used or which he has reasons to believe is and as a factory. For this
purpose he can take the assistance of any person.

(b) He can make examination of the premises, plant, machinery, article or substance.

(c) Inquire any accident or dangerous occurrence whether resulting in bodily injury, disability or not and
take on the spot or otherwise statements of any person which he may consider necessary for such
inquiry.

(d) Require the production of any prescribed register or any other document relating to the factory.

(e) Seize or take copies of any register, record of other document or any pert thereof as he may consider
necessary

(f) Direct the occupier that any premises or any part thereof, or any thing lying therein, shall be left
undisturbed (whether generally or in particular respects) far so long as is necessary for the purpose of
any examination under clause (b).

(g) Take measurements, photographs and make such recordings as he considers necessary for the
purpose of any examination under clause (2) taking with him any necessary instrument or equipment,

(h) In case of any article or ‗substance found in any premises, being an article or substance which
appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct
is to be dismantled or subject it to every process or test (but not so as to damage or destroy it unless the
same is in the circumstances necessary. For carrying out the purposes of this Act) and take possession of

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any such article or substances or a part thereof, and obtain if for so long as is necessary for such
examination.

(i) He may exercise such- other powers as may be prescribed.

Certifying Surgeons : Sec. 10 provides for the appointment of the‘ certifying surgeons by the State
Government for the purposes of this Act to perform such duties as given below within such local limits as
far such factory or class or dissipation of factories as may be assigned to certifying surgeon.
(a) The examination and certification of young persons under this Act.

(b) -the examination of person is who are engaged in factories in such dangerous occupation or process
as maybe prescribed.

(c) The exercising of such medical supervision as may be prescribed for any factory or class or
description of factories where:

i) Cases of illness have occurred which it is reasonable to believe are due to the nature of the
manufacturing process carried on, or other conditions of work prevailing; therein.

ii) By reason of any change in the manufacturing process carried on or in the by reason of the adoption of
any new manufacturing processes, there is a likelihood of injury to the health of workers employed in that
manufacturing process;

(iii) Young persons who are or are about to be, employed in any work which is likely to cause an injury to
their health.

(iv) Any certifying surgeon may in terms of Section 10 (2) of the Act with the approval of State
Government authorized any qualified medical practitioner (as recognized under Indian Medical Council
Act, 1933) to exercise any of his powers under this Act on such conditions and for such a period the State
Government may prescribe.

Safety Officers- Section 40-B inserted by Factories (Amendment) Act, 1976 provides that in every
factory (i) wherein 1,000 or more workers are ordinarily employed; or (ii) wherein, in the opinion of State
Government, any manufacturing process or operation is carried on, which process or operation involves
any risk or bodily injury, poisoning or disease or any other hazard to health to the persons employed in
the factory, the occupier shall, if so required by the State Government by notification in the Official
Gazette, employ such number of Safety Officers as may be specified. The duties, qualifications and
conditions of service of safety officers shall be such as may be prescribed by the State Government.

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Welfare Officers –Section 49 provides that in every factory whether seasonal or not wherein five
hundred or more workers are ordinarily employed, the occupier shall employ in the factory such number
of welfare officers as may be prescribed. The State Government may prescribe the duties, qualifications
and conditions of service of officers so employed.

Arun Kumar Bali v Government of N.C.T. of Delhi and Others (2002) The petitioner was employed as
a Welfare Officer with respondent No. 4. As per his letter of appointment his services could be terminated
by the employer either by giving two months‘ prior notice or by paying two months‘ salary in lieu of notice.
The service of petitioner was terminated in terms of his letter of appointment. Feeling aggrieved by his
termination he moved a writ petition. Dismissing the petition the High Court held that the termination of
Welfare Officer‘s service in terms of contract of employment could not lie challenged as it was a
termination associated in terms of stipulation contained in his letter of appointment.

Big factories are required to appoint Welfare Officers and Safety Officers. If a factory is employing five
hundred workers, the occupier has to appoint one or more Welfare Officers. A factory employing one
thousand or more workers is required to appoint one or more Safety Officers only if the State Government
directs the occupier to do so. Ss.40 (B) & 49

I.T.C. Ltd. v. State of U. P., 2002 The State Government has power to fix pay scale of Welfare Officers
working in the factories under Section 49(2) read with section 50 and Section 112 of the Act.

3. Approval, Licensing and Registration of Factories:

Section 6 empowers the State Government to make rules with regard to Licensing and Registration of
factories under the Act on the following matters:

(a) Requiring submission of plans of any class or description of factories to the Chief Inspector or the
State Government;

(b) Obtaining previous permission of the State Government or the Chief Inspector for the site on which
factory is to be situated and for construction or extension of any factory/ or class or description of
factories. However replacement or addition of any plant or machinery within prescribed limit shall no
amount to extension of factory, if it does not reduce the minimum safe working space or adversely affect
the environmental conditions which is injurious to health;

(c) Requiring for the purpose of considering the applications for permission for the submission of plans
and specifications.

(d) Prescribing the nature of such plans and specifications and by whom they shall be certified;

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(e) Prescribing rules for Registration and Licensing of factories; and Fees payable for registration and
licensing and for the renewal of licenses,

(f) Requiring that no license shall be granted or renewed unless notice specified under Section 7 has
been given.

If an application is sent to the State Government or the Chief Inspector by registered post companied by
the plans and specifications for permission to use the site for a factory or construct a factory and, nothing
is heard within three months, the permission is deemed to have been granted. Section 6 (2)

When State Government or a Chief Inspector refuses to grant permission to the site, construction or
extension of a factory or to the registration and licensing of a factory the applicant may within thirty days
of the date of such refusal appeal to the Central Government if the decision appealed for was of the State
Government and to the State Government in any other case. Section 6(3)

Appeal against refusal to grant permission - This Section lays down a statutory duty on the licensing
authority to consider application and issue for registration and license. After satisfaction of the
requirements of the Act and the rules made there under, the licensing authority is bound to issue the
license applied for.

If the State Government of Chief Inspector does 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.

Notice by occupier-

Section 7 provides that the occupier shall, at least fifteen days before he begins to occupy or use any
premises as a factory, send to the Chief Inspector a written notice containing –

(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 area thereof);

(c) The address to which communications relating to the factory may be sent;

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(d) The nature of the manufacturing process—

(i) Carried on in the factory during the last twelve months in the case of factories in existence on the date
of the commencement of this Act, and

(ii) To be carried on in the factory during the next twelve months in the case of all factories;

(e) The total rated horse power installed in the factory,

(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 the
factory in existence on the date of commencement of this Act; and

(i) Such other particulars as may be prescribed.

If a manufacturer changes any of the above stated clauses then a fresh notice is sent to the Chief
Inspector.

Automatic Approval : 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 Within thirty days from the date of the commencement of this Act. Sec. 7(2)

Before a factory engaged in 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 at least thirty days before the date of the commencement of work.
Sec. 7(3)

Notice Where New Manager is Appointed - Whenever anew 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. See. 7(4)

When there is no Manager Occupier deemed as manager: During a period for which no person has
been of a factory or during which the person designated does not manage the factory, any person found
acting as Manager, will be the Manager When no such person designated as Manager is found the
Occupier should be deemed to be the Manager of the factory for the purpose of the Act. See. 7(5)

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General Duties of the Occupier [Section 7 A] Section 7 A is inserted by the Factories (Amendment)
Act, 1987 as under

(1) Every occupier shall ensure so far as is reasonably practicable the health, safety and welfare of all
workers while they are at work in the factory.

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

1. The provisions and maintenance of plant and systems of wok in the factory that are safe and without
risks to health.

2. 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 substances.

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

4. The maintenance of all places of work in the factory in a cond.ition that is safe and without risks to
health and the provisions and maintenance of such means of access to and agrees from such places
as are safe and without such risks.

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

6. Except in such cases as may be prescribed, every occupier shall prepare and as 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 maybe prescribed.

4. Various Measures to be taken by Factories for Health of Workers –

Such measures are provided under Chapter III, IV and V of the Act which are as follows:

(i) Cleanliness (Section 11) : Section 11 ensures the cleanliness in the factory. It must be seen that a
factory is kept clean and it is free from effluvia arising from any drain, privy or any other nuisance. The Act
has laid down the following provisions in this respect.

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(a) All the accumulated dirt and refuse on floors, staircases and passages in the factory shall be removed
daily by sweeping or by any other effective method. Suitable arrangements should also be made for the
disposal of such dirt or refuse.

(b) Once in every week, the floor should be thoroughly cleaned by washing with disinfectant or by some
other effective method.

(c) Effective method of drainage shall be made and maintained for removing water, which may collect on
the floor due to some manufacturing process.

(d) To ensure that interior walls and roofs are kept clean, it is laid down that:

(i) white wash or color wash should be carried at least once in every period of 14 months.

(ii) Where surface has been painted or varnished, repaint or revarnish should be carried out once in every
five years, if washable then once in every period of six months.

(iii) Where they are painted or varnished or where they have smooth impervious surfaces, it must be
cleaned at least once in every period of fourteen months by such methods as may be prescribed.

(e) All doors, windows and other frame works which are of wooden or metallic shall be kept painted or
varnished at least once in every period of five years.

(f) The dates on which the processes are carried out shall be entered in the prescribed register.
If the State Government finds that a particular factory cannot employ with the above the compliance of
these provisions and suggest some alternative methods to factory clean [Section 11 (2)].

(ii) Disposal of Waste and Effluents (Section 12) Every occupier of a factory shall make effective
arrangements for the treatment of wastes and effluents due to the manufacturing process carried on in
the factory so as to render them harmless and for their disposal. Such arrangements should be in
accordance with the rules, if any, laid down by the State Government. If the State Government has not
laid down any rules in this respect, arrangements made by the occupier should be approved by the
prescribed authority if required by the State Government.

(iii) Ventilation and Temperature (Section 13): It provides that every factory should make suitable and
effective provisions for securing and maintaining…

(1) An adequate ventilation by the circulation or fresh air, and

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(2) Such a temperature as will secure to the workers therein reasonable conditions of comfort and prevent
injury to health. What is reasonable temperature depends upon the circumstances of each case. The
State Government has been empowered to lay down the standard of adequate ventilation and reasonable
temperature for any factory or class or description of factories or parts thereof. It may there for any factory
or class or description of factories or part thereof. It may direct that proper measure instruments at such
places and in such position as may be specified shall be provided and prescribed records shall be
maintained.

(iv) Dust and Fumes (Section 14) There are certain manufacturing processes like chemical, textile, jute,
etc. which generates lot of dust, fume or other impurities. It is injurious to the health of workers employed
in such manufacturing process. Following measures should be adopted in this respect:
(A) Effective measures should be taken to prevent the inhalation and accumulation of dust, fumes etc. in
the work-rooms.

(B) Wherever necessary, exhaust appliances should be fitted, as far as possible, to the point of origin
dust and fumes or other impurities. Such point shall be enclosed so far as possible.

(C) In stationery internal burning engine the exhaust should be connected into the open air.

(D) In case of other internal combustion engine, effective measures should be taken to prevent the
accumulation of fumes there from.

(v) Artificial Humidification (Section 15): Humidity means the presence of moisture in the air. In certain
industries like cotton, textile, cigarette etc. higher degree of humidity is required for carrying out the
manufacturing process. For this purpose, humidity of the air is artificially increased. This increase or
decrease in humidity adversely affects the health of workers. Section 15 (1) empowers the State
Government to make rules (i) prescribing the standards of humidification (ii) regulating methods to be
adopted for the artificially increasing the humidity of the air (iii) directing prescribed tests for determining
the humidity of the air to be correctly carried out and recorded (iv) prescribing methods to be adopted for
securing adequate ventilation and cooling of the air in the workrooms.

(vi) Overcrowding (Section 16): Overcrowding in the workroom not only affect the workers in their
efficient discharge of duties but his health also.

(1) Section 16 (1) prohibits the overcrowding in the workroom to the extent it is injurious to the health of
the workers.

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(2) Apart from this general prohibition Section 16 (2) lays down minimum working space for each worker
as 14.2 cubic meters of space per worker in every workroom. For calculating the work over, the space
more than 4.2 meters above the level of the floor will not be taken into consideration.

(vii) Lighting (Section 17):

(a) Every factory must provide and maintain sufficient and suitable lighting, natural, artificial or both, in
every part of the factory where workers are working or

(b) All the glassy windows and sky lights should be kept clean on both sides;

(c) Effective provisions should be made for the prevention of a shine from a source of light or by reflection
from smooth or polished surfaces;

(d) Formation of shadows to such an extent causing eye-strain or the risk of accident to any worker,
should be prevented and

(e) The State Government is empowered to lay down standard of sufficient and suitable lighting for
factories for any class or description of factories or for any manufacturing process.

(viii) Drinking Water (Section 18) :

(a) Every factory should make effective arrangements for sufficient supply of drinking water for all the
workers in the factory;

(b) Water should be wholesome i.e. free from impurities;

(c) Water should be supplied at suitable points convenient for all workers;

(d) No such points should be situated within six meters of any washing place, urinals, latrine, spittoon,
open drain carrying effluent or any other source of contamination unless otherwise approved in writing by
the Chief Inspector.

(e) All such points should be eligible marked ‗Drinking Water‘ as a language understood by majority of the
workers;

(f) in cases where more than 250 workers are ordinarily employed, effective arrangement should be made
for cooling drinking water during hot weather. In such cases, arrangements should also be made for the
distribution of water to the workers; and

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(g) The State Government is empowered to make rules for the compliance of above stated provisions and
for the examination by prescribed authority of the supply and distribution of drinking water in factories.

(ix) Latrines and Urinals (Section 19):

(a) every factory shall make provisions for sufficient number of latrines and urinals of prescribed
standards. These should be conveniently situated and accessible to all workers during working hours.
(b) Separate arrangements shall be made for male and female workers.

(c) All these places shall have suitable provisions for lightening and ventilation.

(d) No latrines or urinals shall communicate with every workroom unless in between them there is
provision of open space or ventilated passage.

(e) All latrines and urinals shall be kept in clean and sanitary conditions at all times.

(f) A sweeper shall be employed whose exclusive job will be to keep clean all latrines and urinals.

(g) Where more than 250 workers are ordinarily employed in a factory following additional measures shall
be taken under Section 19 (2).

(i) All latrines and urinals accommodation shall be of prescribed sanitary type.

(ii) All internal walls up to ninety centimeters and the floors and the sanitary blocks shall be level air
glazed tiles or otherwise furnished to provide a smooth polished impervious surface.

(iii) The floors, walls, sanitary pair etc. of latrines and urinals shall be washed and cleaned with suitable
detergents and/or disinfectants at least once in every seven days.

(x) Spittoons (Section 20):

(a) Every factory should have sufficient number of spittoons situated at convenient places. These should
be maintained in a clean and hygienic condition;

(b) The State Government is empowered to make rules regarding the type and number of spittoons their
location and standard of cleanliness;

(c) Spitting should be done in the spittoons only if any worker violates the rule. He can be punished with
fine not exceeding five rupees. However, the penalty for violation shall be predominantly displayed at
suitable places in the provision of the factory.

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5. Measures taken by Factories regarding Safety of Workers:

(i) Fencing of Machinery (Section 21): Fencing of machinery in use of in motion has been obligatory
under Section 21. This section requires that following types of machinery or their parts, while in use or in
motion, shall be surely fenced by safe guards of substantial construction and shall be constantly
maintained and kept in position while the parts of machinery they are fencing are in motion or in use.
Such types of machinery or their parts are:

(a) every moving part of a prime-mover and fly wheel connected to a prime-mover. it is immaterial
whether the prime-mover or fly wheel is in the engine house or not.

(b) Head-race and tail-race of water wheel and water turbine.

(c) Any part of an electric generator, a motor or rotary converter or transmission machinery unless they
are in the safe position.

(d) Every part of an electric generator, a motor or rotator converter or transmission machinery unless they
are in the safe position.

(e) Every dangerous part of any other machinery unless they are in safe position.

(ii) Work on or near Machinery in Motion: Section 22 lays down the procedure for carrying out
examination of any part while it is in motions. Such examination or operations shall be carried out only by
specially framed adult male worker weaving tight fitting clothing (which shall be supplied by the occupier)
whose name has been recorded in the register prescribed in this behalf and who has been furnished with
a certificate of appointment and while he is so engaged.

(a) Such worker shall not handle a belt at a moving pulley unless.

(i) The belt is not more than fifteen centimeters in width;

(ii) The pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which
case a belt is not permissible);

(iii) The belt joint is flush with the belt;

(iv) The belt, including the joint and the pulley rim, are in good condition;

(v) There is reasonable clearance between the pulley and any fixed plant or structure.

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(vi) Secure foothold and, where necessary, secure handhold, are provided for the operator; and

(vii) Any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed
or is firmly held by second person.

(b) every set screw, bolt and key on any revolving shaft, spindle, wheel and other toothed or friction
gearing in motion with which such worker would otherwise be liable to come into contact, shall be surely
be used to prevent such contact.

(iii) Employment of Young Persons on Dangerous Machines: Section 23 provides that no young
person shall be required or allowed to work at any machine to which this section applies, unless he has
been fully instructed and (a) has received sufficient training in work at the machine, or (b) is under
adequate supervision by a person who has a through knowledge and experience of the machine.

(iv) Striking Gear and Devices for Cutting off Power: Section 24 provides that in every factory suitable
striking gears or other efficient mechanical appliance shall be provided and maintained and used to move
driving belts to and from fast and loose pulleys which form part of the transmission machinery, and such
gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping
back on to the fast pulley. Further driving belts when not in use shall not be allowed to rest or ride upon
shafting in motion. Suitable devices for cutting off power in emergencies from running machinery shall be
provided and maintained in every workroom in every factory.

(v) Self-Acting Machines: Section 25 provides further safeguard for workers from being injured by self-
acting machines. It provides that no traversing part of a self-acting machine in any factory and no material
carried thereon shall, if the space over which it runs is a space over which any person is liable to pass,
whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse
within a distance of forty-five centimeters from any fixed structure which is not part of the machines. It is
also provided that the Chief Inspector may permit the continued use of machine installed before the
commencement of this Act which does not comply with the requirements of this section on such
conditions for ensuring safety as he may think fit to impose.

(vi) Casting of New Machinery: Section 26

Section 26 provides further safeguards for casting of new machinery of dangerous nature. In all
machinery driven by power and installed in any factory (a) every set screw, bolt or key on any revolving
shaft, spindle, wheel shall be so sunk, covered or otherwise effectively guarded as to prevent danger; (b)
all friction gearing which does not require frequent adjustment while in motion, shall be completely
covered, unless it is so situated as to be as safe as it would be completely covered.

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(vii) Prohibition of Employment of Woman and Children near Cotton Openers: Section 27 -
According to Section 27, no child or woman shall be employed in any part of a factory for pressing cotton
in which a cotton-opener is at work: However, if the feed-end of a cotton-opener is in a room separated
from the delivery end by a partition extending to the roof or to such height as the Inspector may be in any
particular case specify in writing, women and children may be employed on the side of the partition where
the feed-end is situated.

(viii) Hoists and Lifts: Section 28 - provides that in every factory:

(a) every crane and lift shall be of goods mechanical construction, sound material and adequate strength.
It shall be properly maintained, and shall be thoroughly examined by a competent person at least once in
every period of six months and a register shall be kept containing the prescribed particulars of every such
examination.

(b) Every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates and the
hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being
trapped between any part of the hoist or lift and any fixed structure or moving part.

(c) The maximum safe working load shall be marked on every hoist or lift and no load greater than such
load shall be carried thereon.

(d) The cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from
which access is afforded to a landing.

(e) Such gates of the hoist and lift shall be fitted with interlocking or other efficient device to secure that
the gate cannot be opened except when the cage is at the landing.

(ix) Lifting Machines, Chains, Ropes and Lifting Tackles: Section 29

In terms of Section 29 in any factory the following provisions shall be compiled with, in respect of every
lifting machines (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of
raising or lowering persons, goods or materials.

(a) All parts including the working gear, whether fixed or movable of shall be (i) of goods construction,
sound material and adequate strength and free from defects; (ii) properly maintained; and (iii) thoroughly
examined by a competent person at least once in every period of twelve months, or at such intervals as
the Chief Inspector may specify in writing, and a register shall be kept containing the prescribed
particulars of every such examination.

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(b) No lifting machines and no chain, rope or lifting tackle shall, except for the purpose of test, be loaded
beyond the safe working load which shall be plainly marked thereon together with an identification mark.

(c) While any person is employed or working on or near the wheel track of a traveling crane in any place
where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the
crane does not approach within [six meters] of that place.

(x) Safety Measures in Case of Use of Revolving Machinery: Section 30

Section 30 of the Act prescribes for permanently affixing or placing a notice in every factory in which
process of grinding is carried on. Such notice shall indicate maximum safe working speed of every
grindstone or sharp wheel, the speed of the shaft or Spindle upon such shaft or spindle necessary to
secure such safe working peripheral speed. Speed indicated in the notice shall not be exceeded and
effective measures in this regard shall be taken.

(xi) Protection of Eyes: Section 35

Section 35 requires that the State Government to make rules and require for providing the effective
screens or suitable goggles for the protection or persons employed on or in immediate surrounding area
of any such manufacturing process carried on in any factory which involves (i) risk of injury to the eyes
from particles or fragments thrown-off in the course of the process or (ii) risk to the eyes by reasons of
exposure to excessive light.

(xii) Precautions against Dangerous Fumes, Gases etc. Section 36

Section 36 provides (a) that no person shall be required or allowed to enter any chamber; tank, container,
pit, tube or other confined space in any factory in which any gas, fume, vapor or dust is likely to be
present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with
a manhole of adequate size and until all practicable measures have been taken to remove any gas, fume,
vapor or dust, which may be present so as to bring its level within the permissible limits and to prevent
any ingress of such gas, fume, vapor, or dust and such person is wearing suitable breathing apparatus
and a belt securely attached to a rope, the free end of which is held by a person outside the confined
space.

(xiii) Precautions in Case of Fire: Section 38

Section 38 provides that in every factory, all practicable measures shall be taken to outbreak of fire and
its spread, both internally and externally and to provide and maintain (a) safe means of escape for all
persons in the event of a fire and (b) the necessary equipment and facilities for extinguishing fire,

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Effective measures shall be taken to ensure that in every factory all the workers are familiar with the
means of escape in case of fire and have been adequately trained in the outline to be followed in such
cases.

(xiv) Safety of Buildings or Machinery: Section 40

Section 40 provides that the inspectors in case of dangerous conditions of building or any part of ways,
machinery or plant require the manager or occupier or both to take such measures which in his opinion
should be adopted and require them to be carried out before a specified date. In case the danger to
human life is immediate and imminent from such usage of buildings, ways or machinery he may order
prohibiting the use of the same unless it is repaired or altered.

(xv) Maintenance of Buildings: Section 40 A

Section 40 A provides that if it appears to the Inspector that any building or part of it is in such a state of
disrepair which may lead to conditions harmful to the health and welfare of workers he may serve on the
manager or occupier or both, an order in writing specifying the measures to be carried out before a
specified date.

6. Measures regarding the Welfare of Workers, Chapter (v) -

(i) Washing Facilities (Section 42): Section 42 provides that every factory should provide and maintain
adequate and suitable washing facilities for its workers. For the use of male and female such facilities
should be separate and adequately screamed. Such facilities should be conveniently accessible for all
workers and be kept in a state of cleanliness. The State Government is empowered to make rules
prescribing standards of adequate and suitable washing, facilities.

(ii) Facilities for Storing and Drying Clothing (Section 43): Section 43 empowers the State
Government in respect of any factory or class or description of factories to make rules requiring the
provision therein (i) of suitable places for keeping clothing not worn during working hours, and (ii) for
drying of wet clothing.

(iii) Facilities for Sitting (Section 44): There are certain operations which can be performed by the
workers only in a standing position, every factory shall provide and maintain suitable facilities for sitting,
for those who work in standing position so that they may make use of them as and when any opportunity
comes in the course of their work

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(iv) First-aid appliance (Section 45): The following arrangements should be made in every factory in
respect of first-aid facilities.

(a) Provisions of at least an first-aid box or cupboard subject to following conditions for every 150 workers
ordinarily employed one time in the factory.

(b) It should be equipped with prescribed contents and nothing else should be stored in it. It should be
properly maintained and willingly accessible during all working hours.

(d) A responsible person who holds a certificate in first aid treatment, recognized by the State
Government should be made the in charge of such first-aid box or cupboard, Such a person should be
readily available during working hours of the factory. Where there are different shifts in the factory, a
separate person may be appointed for each shift provided he is a responsible person and trained in first-
aid treatment.

(e) Where more than 500 workers are ordinarily employed in a factory, an ambulance room should be
provided and maintained by every such factory. Such room should be of prescribed size containing
prescribed equipments and is in the change of such medical and nursing staff as may be prescribed.

(v) Canteens (Section 46)

(a) The State Government may make rules requiring that in any specified factory wherein more than two
hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided by the
occupier for the use of the workers.

(b) Such rules may relate to any of the following matters:

(i) The date by which such canteen shall be provided;

(ii) The standards in respect of construction, accommodation, furniture and other equipment of the
canteen;

(iii) The foodstuffs to be served therein and the charges to be charged;

(iv) The items of expenditure in the running of the canteen which are not to be taken into account in fixing
the cost of foodstuffs and which shall be borne by the employer;

(v) The constitution of a Managing Committee for the canteen and the representation of the workers in the
management of the canteen; and

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(vi) Shelters, Rest Rooms and Lunch Rooms - Section 47

The provisions of some sort of shelters are a must, where the workers can take their meals brought by
them during rest interval. The following provisions have been made in this respect.

(a) In every factory, where more than 150 workers are ordinarily employed, the occupier should make
adequate and suitable arrangements for shelters or rest rooms and lunch room, with provisions of
drinking water, where the workers can take rest, eat meals brought by them. However, any canteen which
is maintained in accordance- with the provisions of section 45 shall be regarded as part of the
requirements of this sub-section. Where a lunch room exists, no worker shall eat any food in the
workroom.

(b) Such places should be equipped with the facility of drinking water.

(c) Such places should be sufficiently lighted, ventilated and kept in cool and clear conditions.

(vii) Crèches (Section 48):

Following provisions have been made in respect of crèches in the factories:

(a) In every factory, wherein more than 30 woman workers are ordinarily employed, the facility of suitable
room or rooms should be provided and maintained for the use of children under the age of six years of
such women.

(b) There should be adequate accommodation in such rooms.

(c) These places should be sufficiently lighted and ventilated and kept in clean and sanitary condition.

(d) Women trained in the case of children and infants should be in charge of such rooms.

(viii) Welfare Officers (Section 49): According to Section 49 (1), in every factory wherein five hundred or
more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare
officers as may be prescribed.

7. Working Hours of Adults (Chapter VI):

Chapter VI contains provisions for regulating working hours for the adult workers and the same are
explained below:

The main restrictive provisions of the Act about the working hours of adults are as follows:

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(a) A worker cannot be employed for more than 48 hrs in a week. S.51

(b) He cannot be employed for more than 9 hours in a day. S.54

(c) He must be given an interval of rest of at least 1/2 hour after 5 hours‘ work. - S.55

(d) His total periods of work inclusive of rest interval must not spread over more than 10 and 1/2 hrs in a
day. S.56

(e) He must be given a holiday for a whole day in every week. S. 52

(f) If he works for more than 9 hours in a day or for more than 48 hours in a week, he must be paid
overtime work at double the rate of his wages. S.59

(g) ‗a woman worker cannot be employed beyond the hours of 6a.m. and 7p.m. S.66

Note: - The above restrictions, except restrictions (a) and (f) can be relaxed in certain circumstances.

(i) Weekly Hours (Section 51): An Adult worker shall be allowed to work only for forty eight hours in any
week.

(ii) Weekly Holiday (Section 52): provides that there shall be a holiday for the whole day in every week
and such weekly holiday shall be on the first day of the week. However, such holiday may be substituted
for any one of the three days immediately before or after the first day of the week provided the manager
of the factory has:

(i) Delivered a notice at the office of the Inspector and

(ii) Displayed a notice in the factory to this effect.

The effect of all this is that subject to above said conditions (i) and (ii) there shall be a holiday during ten
days. In other words an adult worker shall work for more than ten days consequently without a holiday for
the whole day.

Such notices of substitution may be cancelled by an appropriate notice but not later than the day of
weekly holiday or the substituted holiday whichever is earlier. Section 52 (2)

(iii) Compensatory Holidays (Section 53): When a worker is deprived of any of the weekly holiday as a
result of passing of an order or making of a rule exempting a factory or worker from the provision of
Section 52, he is entitled to compensate holidays of equal number to the holidays so lost. These holidays

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should be allowed either in the same month in which holidays become due or within next two months
immediately following the month.

(iv) Daily Hours (Section 54): An adult worker, whether male or female shall not be required or allowed
to work in a factory for more than 9 hours in any day. Section 54 should be read with Section 59. In other
words, the daily hours of work should be so adjusted that the total weekly hours does not exceed 48. The
liability of the employer under this section cannot be absolved on the ground that the workers are willing
to work for longer hours without any extra payment.

The daily maximum hours of work specified in Section 54 can be exceeded periodical.

(1) It is to facilitate the change of shift; and (ii) the previous approval of the Chief Inspector has been
obtained.

(v) Intervals for Rest (Section 55): No adult worker shall work continuously for more than 5 hours unless
a rest interval of at least half an hour is given to him.

(vi) Spread over (Section 56): Section 56 provides that the daily working hours should be adjusted in
such a manner, that inclusive of rest interval under Section 55, they are not spread over more than 10
and 1/2 hrs on any day. Thus, we see this section restrict the practice of forcing the stay of workers in the
factory for unduly long periods without contravening the provisions of Section 54 relating to daily hours of
work.

(vii) Night Shifts (Section 57): Where a worker in a factory works in night shifts i.e. shift extending
beyond mid-night.

(1) The weekly or compensatory holiday shall be a period of 25 consecutive hours beginning when his
shift end

(2) The following day shall be deemed to be the period of 24 hours beginning when shift ends and the
hours he has worked after mid-night shall be counted in the previous day.‘

(viii) Prohibition of Overlapping Shifts (Section 58) : According to the Section 58 (i) where the work in
any factory is carried on by means of multiple shifts, the period of shifts should be arranged in such a
manner that not more than one relay of workers is engaged in work of the same kind at the same time.

(ix) Extra Wages for Overtime (Section 59) the following provisions have been made in respect of
overtime wages. (i) Where a worker works in a factory for more than 9 hrs. in a day or more than 48 hrs in

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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 (i).

Meaning of Ordinary Rate of Wages: According to Section 59 (2), ordinary rate of wages means:
(i) Basic wages plus,

(ii) Allowance which include the cash equivalent of the advantage accruing through the concessional sale
to workers for food grains and other articles as the worker is for the time being entitled to, but it does not
include a bonus and wages for overtime work.

Rate of Wages for a Piece Rate Workers.-Section 59 (3)

Where the workers in a factory are paid on piece rate basis, the time rate shall be deemed to be
equivalent to the daily average of their full time earnings for the days on which they actually worked on
the same or identical job during the month immediately proceeding the calendar month during which the
overtime work was done and such time rates shall be deemed to be the ordinary rate of wages of those
workers.

(x) Restriction on Double Employment (Section 60): no adult worker shall be required or allowed to
work in any factory on any day if he has already been working in any other factory on that day. However,
in certain exceptional circumstances as may be prescribed. The double employment may be permitted.

Notice of work for adult (Section 61): A notice of periods of work, showing clearly for everyday the
periods during which adult workers may be required to work, shall be displayed and correctly maintained
in every factory. The display of notice should be in accordance with the provisions of Section 108 (2).

(xii) Register of Adult Workers Section 62: The manager of every factory shall maintain register of
adult workers to be available to inspector at all times during working hours containing the following
particulars:

(i) The name of workers,

(ii) The nature of his work,

(iii) The group if any, in which he is included,

(iv) Where his group work on shifts, the relay to which he is allotted and

(v) Other particulars as may be prescribed.

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8. Employment of Young Persons and Children (Chapter VII):

The framers of the Indian Constitution thought it prudent to ensure at least the minimum rights to children
which they considered essential for proper development of human personality and therefore children have
been guaranteed certain fundamental rights, Article 23 of the Constitution prohibits traffic in human being
and beggar and other similar forms of bonded labour.

Article 24 of the Constitution prohibits employment of children below the age of 14 years in a factory or
mine or other management in any other hazardous employment. All these contribute in some way in
achieving the objective of providing social and economic justice to children of the society.
The main restrictive provisions of the Act about the employment of children are as follows:

(a)The employment of a child below the age of 14 years is totally prohibited. S.67

(b) a child who has completed the age of 14 years but has not completed the age of 15 years can be
employed for a maximum period of 4 1/2 hours in a day.

(c) Such child cannot be employed during the night time i.e., from 10 p.m. to 6 a.m. S.71 (d) such child
must have a certificate of fitness granted by the Certifying Surgeon. S.68

(e) The Manager must maintain a register of child workers in the prescribed form. S.73

(f) a child who has completed the age of 15 years but has not completed the age of 18 years can be
employed as an adult if he has a certificate of fitness for a full day‘s work.

Section 71 lays down further restrictions on the employment of children in the factories. These restrictions
as stated below relate to the working hours for children.

(a) A child shall not be required or allowed to work for more than 4 hours in any day Sec. 71(1) (a)

(b) He is not permitted to work during night, i.e. during a period of at least 12 consecutive hours including
rest intervals, between 10 p.m. and 6 a.m.

(c) The period for work shall be limited to two shifts only [Section 71 (2)]

(d) These shifts shall not overlap.

(e) Shifts should not spread over more than 5 hours each.

(f) Each child should be employed in only one of the relays.

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(g) The relay should not be changed more frequently than once in a period of 30 days , otherwise
previous permission of the Chief Inspector should be required in writing.

(h) The provision relating to weekly holiday under Section 52, also apply to child workers.

(i) 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 [Section 71(4)].

(j) No female child shall be required or allowed to work in any factory except between 8 a.m. and 7 p.m.

The Act not only prohibits the double employments of a child by the occupier or manager but also
prohibits under Section 99 his parents or guardian or person having custody of or control over him or
obtaining any direct benefit from his wages, from allowing him to go for double employment. If they
contravene this provision they can be punished with a fine extending up to fifty rupees unless the child
work without the consent or connivance of his parent or guardian or such other person.

9. Penalties and Procedures (Chapter X):

(A) General Penalties for offences:

If there is any contravention of any of the provisions of this Act or any rules or order made there under
the occupier and manager shall be guilty of an offence and punishable with imprisonment for a term
which may extend to two years or with fine which may extend to Rs. One lakh or with both and if the
contravention so continued after conviction with a further fine of Rs. One thousand for each day till
contravention continues.

The provisions of Section 92 provides penalty for contravention of any of the provisions of Chapter IV or
any rule made there under or under Section 87 has resulted in an accident earning death or serious
bodily injury. The fine shall not be less than Rs. 25,000 in case of an accident causing death and Rs.
5,000 in case of serious bodily injury.

Section 94 stipulates for enhanced penalty after the previous conviction under Section 92 of the Act of the
individual who is again guilty of an offence involving contravention of the same provision. Punishment for
subsequent conviction includes imprisonment for a term which may extend to three years or with fine
which may not be less than Rs. 10,000 but which may extend to Rs. Two lakh or with both, Provided that
the Court may, for any adequate and special reasons to be mentioned in the judgments impose a fine not
less than Rs. 10,000. Provided further, that where contravention of any of the provisions of Chapter IV or
any rule made there under or under Section 87 has resulted in an accident causing death or serious

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bodily injury, the fine shall not be less than Rs. 35,000 in case of death and Rs. 10,000 in the case of an
accident causing serious bodily injury.

No cognizance shall be taken of any conviction made more than two years before the commission of
offence for which the person is subsequently convicted.

(B) Liabilities of Owner of Premises in Certain Circumstances:

Section 93 provides that wherein any premises separate buildings are leased out by the owner to
different occupiers for use as separate factories, the owner of the premises shall be responsible for the
provision and maintenance of common facilities and services, such as approach road, drainage, water-
supply, lighting and sanitation.

Wherein any premises, independent floors or flats are leased to different occupiers for use as separate
factories, the owner of the premises shall be liable as if he was the manger or occupier of a factory for
any contravention of the provisions of this Act in respect of –

(i) Latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for
these purposes is concerned;

(ii) Fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or
use of an occupier;

(iii) Safe means of access to the floors of flats and maintenance and cleanliness of staircases and
common passages;

(iv) Precautions in case of fire;

(v) Maintenance of hoists and lifts; and

(vi) Maintenance of any other common facilities provided in the premises.

But the liability of the owner under Section 93 arises only where in any premises independent rooms with
common latrine urinals and washing facilities are leased to different occupier for use as separate
factories.

(C) Penalty for. Obstructing Inspector: Section 95 lays down penalty of punishments with imprisonment
for six months or fine with Rs. 10,000 or both for willfully obstructing an inspector in the exercise of any
power conferred on him by or under this Act as failing to produce any registers and other documents to

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him one demand or concealing or preventing any worker from appearing before or being examined by the
Inspector.

(D) Penalty for Contravention for Section 41 B, 41 C and 41 H (maintenance of building under safety
provisions)

Section 96 A provides punishments within 7 years imprisonment or fine which may extend to Rs. two lakh
for the non-compliance with or contravenes of any of the provisions of Section 41 B, 41 E or 41 H or rules
made there under by any person. In case the failure or contravention ‗continues with additional fine which
may extend to five thousand rupees for every day during which such failure or contravention continues
after the conviction for the first such failure or contravention. If such failure, contravention continues
beyond a period of one year after the date of conviction the offenders shall be punishable with
imprisonment for a term which may extend to ten years.

(E) Offences by Workers and Penalties therefore:

(i) Section 94 lays down that if any worker contravenes the provisions of this Act or any rules or order
made there under imposing any duty or liability on workers he will be punishable with a fine which may
extend to Rs. 500 I-.

(ii) Section 98 imposes penalty for using false certificates of fitness. Such punishment involves
imprisonment for such a term which may not extern to two months or with a fine which may extend to Rs.
1,000 /- or with both.

(G) Penalty for Permitting Double Employment of Child by Parents or Guardians is stipulated under
Section 99. It includes punishments with fine extending Rs. 50 unless it appears to the Court that the child
so worked without consent and connivance of such parents, guardian or person.

(H) Cognizance of Offences (Section 105): no Court shall take cognizance of any offence under this
act, except on complaint by or with the previous sanction in writing of an Inspector.

(I) Limitations of Prosecutions (Section 106): No Court shall take cognizance of any offence
punishable under this Act unless its complaint is made within three months of the date on which the
alleged commission of the offence comes to the knowledge of an Inspector. Where the offence consists
of disobeying a written order made by the Inspector, complaint thereof may be made within six months of
the date on which the offence is alleged to have been committed. The period of limitation (i) in the case of
a continuing offence, shall be computed with reference to every point of time during which the offence
continues and (ii) where for the performance of any act time is granted or extended on an application

31 manojpekhale@gmail.com
made by the occupier or manager of the factory, the period of limitation shall be computed from the date
on which the time so granted or extended expired.

(J) Appeals Sec. 107: The following provisions have been made in this respect.

(a) The appeals lie against the written orders of the Inspector.

(b) The manager or the occupier alone can file appeal against such orders of the Inspector.

(c) The appeal should be made within 30 days of the service of the order.

(d) Appeal should be made to the prescribed authority.

10. Annual leave with wages - Ss.78 to 81

A. The main provisions of the Act about the grant of annual leave with wages are as follows: -
(a) A worker must be allowed in every calendar year annual leave with wages at the rate of 1 day for
every 20 days of work performed by him during the previous calendar year provided that he has worked
for 240 days or more in the previous calendar year.

(b) In the case for a child worker the annual leave with wages is to be allowed on the same basis as
above but at the rate of 1 day for every 15 days of work performed.

(c) Leave can be accumulated up to 30 days in the case of an adult and 40 days in the case of a child.

(d) The leave admissible will be exclusive of holidays occurring during or at either end of the leave period.
(e) Wages for leave allowed must be paid before the leave period begins.

(t) In the case of a worker who is discharged or dismissed from service or quits his employment or is
superannuated or dies while in service, he or his heir or nominee must be paid wages in lieu of annual
leave. In such cases the annual leave is to be calculated at the same rates as above but irrespective of
the fact that the worker has worked for 240 days or not.

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