The Factories Act, 1948

"There is no passion to be found playing small - in settling for a life that

is less than the one you are capable of living."
- Nelson Mandela
 The Factories Act, 1948

• Effect from 1st April,1949

• Extends to the whole of India including Jammu & Kashmir (Since 1970).
• Covers all manufacturing processes and establishments falling within the definition of
factory (Sec 2m).
• The Act consists of 11 Chapters, 120 Sections, and 3 Schedules.
• Schedule 1: Contains list of industries involving hazardous processes (for example, Ferrous and
Non-Ferrous Metallurgical industries, Foundries (ferrous and non-ferrous), Power Generating Industries, Fertiliser
Industries, Cement, etc.)
• Schedule 2: Permissible level of certain chemical substances.
• Schedule 3: Consists of notifiable diseases (for example, Lead poisoning, Phosphorus poisoning or its
sequelae, poisoning by nitrous fumes, etc.)
• The State Govt. carry out the administration of this act through;
• Inspecting staff, Certifying Surgeons, Welfare Officer, Safety Officer
 Chapters

1. Preliminary (Section 1 – 7)
2. The Inspecting Staff (Section 7a - 10)
3. Health (Section 11- 20)
4. Safety and Provisions relating to hazardous process (Section 21-41)
5. Welfare (Section 42 – 50)
6. Working Hours of Adult (Section 51 – 66)
7. Employment of Young Persons (Section 67 – 77)
8. Annual Leave with Wages (Section 78 – 84)
9. Special Provisions (Section 85 – 91)
10. Penalties and Procedures (Section 92 – 106)
11. Supplemental (Section 107 – 120)
 Objectives

• To ensure adequate safety measures and to promote the health and

welfare of the workers.
• To prevent haphazard growth of factories through the provisions related
to the approval of plans before the creation of a factory.
• To regulate the working condition in factories, regulate the working
hours, leave, holidays, overtime, employment of children, women and
young persons.
 Important Definitions

• Adult: Completed 18 years (2a).

• Adolescent: Completed 15 years but has not completed 18 years (2b).
• Child: Not completed 15 years (2c).
• Competent Person: A person or institution recognized as such by Inspector of Factories to carry out
tests, examinations or inspection to be done in a factory (2ca).
• Young Person: Who is either a child or an adolescent (2d).
• “Day” means a period of 24-hours beginning at midnight (2e).
• “Week” means a period of 7-days beginning at midnight on Saturday night or such other night as
approved by the Chief Inspector of Factories(2f).
• “Power” means electrical energy, or any other form of energy which is mechanically transmitted and
is not generated by human or animal agency (2g).
 Manufacturing Process
Sec. 2(k)

• Making, altering, repairing, ornamenting, finishing, packing, oiling, washing,

cleaning, breaking up, demolishing, or otherwise treating or adapting any article
or substances with a view to its use, sale, transport, delivery or disposal; or
• Pumping oil, water, sewage or any other substance; or
• Generating, transforming or transmitting power; or
• Composing types for printing, printing by letter press, lithography, photogravure
or other similar process or book binding
• Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels;
• Preserving or storing any article in cold storage;
 Worker
Sec 2(l)

• A person employed in any manufacturing process or cleaning or any work

incidental to manufacturing process.
• A person employed, directly or by or through any agency with or without
knowledge of the principal employer, whether for remuneration or not.
 Factory
Sec 2(m)

• It means any premises including the precincts thereof-

• Whereon ten or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process
is being carried on with the aid of power, or is ordinarily so carried on; or
• Whereon twenty or more workers are working, or were working on any day of
the preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so carried
on;
• But does not include a mine subject to the operation of the Mines Act,1952 or
a mobile unit belonging to the Armed forces of the Union, a railway running
shed or a hotel, restaurant or eating place
 Occupier
Sec. 2(n)

• The person who has ultimate control over the affairs of factory.
• Includes a partner in case of firm and director in case of a company.
• In case of government company, ‘occupier’ need not be a director. In that case,
person appointed to manage affairs of the factory shall be occupier
• General Duties of an Occupier
• Occupier shall ensure, the health, safety and welfare of all workers while they
are at work in the factory.
• Every occupier shall prepare, a written statement of his general policy with
respect to the health and safety of the workers
• Bring such statement and any revision thereof to the notice of all the workers.
Can an Employee be an Occupier?
 Other Key Definitions

• “Prescribed" means prescribed by rules made by the State Government under this
Act – Sec 2(p)
• Where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such sets is called a “group
relay” and each of such periods is called a “shift”- Sec. 2(r)
• Hazardous Process: “Any process or activity specified in First Schedule where,
unless special care is taken, raw material used therein or the intermediate or
finished products, bye products, wastes, or effluents thereof would;
• Cause material impairment to the health of the persons engaged
• Result in the pollution of the general environment
Approval, Licensing & Registration of Factories - Sec.6

• The State Govt. may make rules;

• Requiring submission of plans to the Chief Inspector;
• Requiring previous permission in writing to be obtained for the site on which the
factory is to be situated and for the construction and expansion of factory;
• Prescribing the nature of such plans and specifications and by whom they shall be
certified;
• Making an application to the Chief Inspector, along with the certified plans and
specifications required by the rules by registered post.
• And no order is communicated to the applicant within 3 months from the date on which
it is so sent, the permission deemed to be granted.
• If the application is rejected, appeal can be made to the government within 30 days of
the date of such rejection
 Notice by Occupier
Section 7

• The occupier shall, at least 15 days before he begins to occupy or use any premises as a
factory, send a notice to the Chief Inspector containing;
• The name and situation of the factory
• The name and address of the occupier;
• The name and address of the owner of the premises;
• The address to which communications relating to the factory may be sent;
• The nature of the manufacturing process;
• The total rated horse power installed or to be installed in the factory;
• The name of the manager of the factory for the purposes of this Act;
• The number of workers likely to be employed in the factory;
• Such other particulars as may be prescribed.
 Chapter II - Inspecting Staff
Sec. 8

• State government may appoint Chief Inspector, Additional/Joint/ Deputy

and Inspectors
• Prescribe their duties and qualifications
• Every District Magistrate shall be an Inspector for his/her District.
• Every Inspector is deemed to be a public servant within the meaning of
Indian Penal Code
 Power of Inspectors
Sec.9

• Enter factory premises for investigation

• Examine the premises
• Inquire into any accident or dangerous occurrence
• Require the production of any prescribed register or document.
• Seize or take copies of, any register, record or other document.
• Take measurements and photographs and make such recordings.
• Exercise such other powers as may be prescribed.
• No person shall be compelled under this section to answer any question or
give any evidence tending to incriminate himself.
 Certifying Surgeon
Sec.10

• State government may appoint qualified medical practitioners to be certifying surgeons.

• Duties of Surgeons
• The examination and certification of young persons under this Act;
• The examination of persons engaged in factories in such dangerous occupations or
processes
• Supervising the factories where cases of illness have occurred which are due to the
nature of manufacturing process or
• Due to manufacturing process there is a likelihood of injury to the health of workers or
• Young persons are employed in any work which is likely to cause injury to their health.
 Chapter III - Health
Sec. 11-20

• Cleanliness – Sec. 11
• Cleaning of floor at least once a week by washing or other effective means.
• Whitewash every 14 weeks.
• Paint/Varnish every 5 years
• Disposal of Wastes and Effluents – Sec.12
• There should be proper arrangement or disposal of wastes and effluents.
• Follow state govt. rules
• Ventilation & Temperature – Sec. 13
• Dust & Fumes - Sec. 14
• Artificial Humidification – Sec. 15
 Chapter III - Health
Sec. 11-20

• Overcrowding – Sec.16
• 14.2 cubic metres space per worker. While calculating this space, space above the worker
beyond 4.2 meters will not be taken into account.
• Notice specifying the maximum number of workers in any work room shall be displayed
in the premises.
• Lighting – Sec.17
• Drinking Water – Sec.18
• At least 6 meters away from washroom / urinal / latrine / spittoons.
• If >250 workers are working, then provisions for cool water is must.
• Latrines and Urinals – Sec. 19
• Spittoons – Sec. 20
• Fine Rs. 5/-
 Chapter IV - Safety
Sec. 21-41

• Fencing of Machinery – Sec. 21

• Machines in Motion – Sec. 22
• Specially trained adult male worker wearing tight fitting clothing Only (No Women & Children)
• No young person should be allowed to work on dangerous machines, unless he has been trained, and is
under supervision – Sec. 23
• Striking Gears to switch off the power - Sec. 24
• Self Acting Machines – Sec. 25 – No person should walk within 45 cms
• Casing of New Machines – Sec. 26
• No women and children should be allowed to work on Cotton Openers – Sec. 27
• Hoists and Lifts – Sec. 28
• maximum load it can carry must be clearly mentioned, properly examined in every 6 months
 Chapter IV - Safety
Sec. 21-41

• Lifting Machines, Chains, Ropes & Lifting Tackles – Sec. 29

• Examined once in every 12 months, cranes not to approach within 6
metres of a place where any person is employed
• Revolving Machines – Sec. 30
• Pressure Plants – Sec. 31
• Floors, stairs, etc. – Sec. 32
• Pits, Sumps, Openings in Floors – Sec. 33
• Excessive Weights – Sec. 34
 Chapter IV - Safety
Sec. 21-41

• Protection of eyes - Sec. 35

• Dangerous Fumes – Sec. 36
• Portable electric light –Not exceed 24 volts- Sec. 36A
• Explosive or inflammable dust, gas, etc. - Sec. 37
• Precautions in case of fire – Separate exit, facilities to extinguish fire -
Sec. 38
 Chapter IV - Safety
Role of Inspector – Sec. 39, 40, & 40A

Role of Inspector
1. Inspection and providing practical guidance and encouraging employers and employees in their efforts
to reduce the incidence of occupational safety and health risks at workplaces and to improve safe and
healthful working conditions
2. Investigation and recommendation of work-related accidents and dangerous occurrences, their causes
and measures for prevention of future recurrence.
3. Prosecution and control as deterrent for violation of laws.
4. Examination, testing and certification of stability of buildings, machineries and equipments being
used in the factories.
5. Promotion of safety and health awareness through training programs, seminars and workshops.
6. Monitoring of work environment for mitigation of Air and Water pollution, temperature, noise level
etc. and to arrest and eliminate occupational diseases in the factories.
• Safety officer must if 1000 or more workers are employed
• Power to the State Government to make rules to supplement the above provisions – Sec. 41
 Chapter V - Welfare
Sec. 42 – 50

• Washing Facilities – Sec. 42

• Facility for Storing and Drying of Clothing – Sec. 43
• Facilities for Sitting – Sec. 44
• First-Aid Appliances – Sec. 45
• 1 first-aid box for every 150 workers, a responsible person should hold a
certificate on first-aid treatment
• An ambulance room if 500 or more workers are employed.
 Chapter V - Welfare
Sec. 42 – 50

• Canteen –Sec. 46
• State govt. to make rules if 250 or more are working
• Shelter, rest room, lunchroom – Sec. 47
• When 150 workers are working, such places should be having drinking
water facilities
• Creches – If no. of women workers is 30 or more -Sec. 48
• Welfare Worker – 500 workers or more – Sec. 49
 Chapter VI – Working Hours of Adults

• Weekly working hours: Not more than 48 hours a week – Sec. 51

• First day of the week, i.e., Sunday shall be a weekly holiday – Sec. 52
• Where a weekly holiday is denied, the worker shall be allowed to avail the compensatory
holiday within a month – Sec. 53
• Daily work hours: No adult worker shall be allowed to work for more than nine hours in any
day – Sec. 54
• Interval for rest: No worker shall work for more than 5 hours before he has had an interval for
rest of at least 1/2 an hour – Sec. 55. Inspector may increase it up to 6 hours.
• Spread Over: Inclusive of rest intervals, they shall not spread over more than 10 and 1/2 hours
in any day, Inspector may increase the spread over up to 12 hours – Sec 56.
• Extra Wages for Overtime: If workers work for more than 9 hours, a day or more than 48 hours
a week, extra wages should be given, wages at twice the ordinary rate – Sec. 59
 Chapter VI – Working Hours of Adults

• Restriction on Double Employment – Sec. 60

• Notice of periods of work for adult workers – Sec. 61
• Notice to be displayed, periods to be fixed beforehand.
• Classification of worker-groups.
• Copy of Notice in Duplicate and any change to be sent to inspector.
• Register of adult workers – Sec. 62
• Muster roll - Name, nature of work, group, etc.
 Chapter VII – Employment of Young Persons

• Prohibition of Employment of Young Children below 14 years – Sec. 67

• Non adult workers who have completed 14 years may be allowed to work in factory if;
• Certificate of fitness for such work is in custody of manager of factory and carry token giving
reference to such a certificate – Sec. 68
• Working Hours of Young Persons – Sec. 71 & 72
• Limited to 4 & 1/2 Hours, No night works, Period of work limited to 2 shifts.
• Entitled to weekly holidays, Fixation of periods of work beforehand.
• Inspector of Factories is competent to require for the medical examination of younger persons
(Section 73)
• Women shall not be allowed to work in any factory except 6AM to 7 PM.
• Relaxation by Inspector of Factories but prohibited between 10 PM to 5 AM.
• Working hours not more than 48 hours per week and 9 hours per day.
 Chapter VIII - Annual Leave with Wages
Sec. 78 - 84

• One day for every 20 days (Adult), One day for every 15 days (Young
Persons), who has worked for 240 days.
• Computation of 240 days: Days of lay-off, maternity leave not exceeding
12 weeks, and EL in previous years should be included.
• Half day or more is treated as full while less than half is omitted.
• Unavailed leave shall be carried forward but shall not exceed 30 days
(adult) and 40 days (child).
• Worker is entitled to wages at a rate equal to the daily average of his/her
total full time earnings for the days on which he/she actually worked during
the month immediately proceeding his/her leave (Section 80).
 Maintenance of Registers

• Form 5 – Certificate of Fitness

• Form 7 – Health Register
• Form 9 – Overtime Register
• Form 12 - Register of Adult Workers
• Form 17 - Muster Roll
• Form 18 – Notice of Accident
• Form 20 - Register of Leave with Wages
• Inspection Book
• Register of Deductions
 Chapter IX – Special Provisions

• Appeal: The manager of the factory or the Occupier on whom an order in writing by an
inspector has been served, within 30 days of the notice, can appeal against it to the
prescribed authority – Sec. 107
• Power to make rules: The State Govt. may make rules requiring owner, occupier, manager
of factories to submit returns as may be required – Sec. 110
• The State Govt. may make rules providing for any matter which may be discovered
expedient in order to give effect to the purposes of the act – Sec. 112
• The Central Govt. may also give directions to the State Govt. as to carrying to the execution
of the provisions of the act – Sec.113
• Publication of rules made under the act in the official Gazette – Sec. 115
• Restriction on Disclosure of Information – Inspector shall treat the source of complaint
as confidential – Sec. 118-A
 Chapter X - Penalties for Offences
Sec 92-106

Offence Penalties
• For contravention of the Provisions of the • Imprisonment upto 2 years or fine upto
Act or Rules Rs.1,00,000 or both

• Obstructing Inspectors • Imprisonment upto 6 months or fine

upto Rs.10, 000 or both
• For contravention of the provisions of
Sec.41B, 41C and 41H pertaining to • Imprisonment upto 7 years with fine
compulsory disclosure of information by upto Rs.2, 00,000 and on continuation
occupier, specific responsibility of fine @ Rs.5, 000 per day.
occupier or right of workers to work
imminent danger. •Imprisonment of 10 years when
contravention continues for one year.
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