Schedule

The Factories Act, 1948

THE FACTORIES ACT, 1948

Sec.

[ACT NO. LXIII OF 1948]

(23rd September, 1948)
An Act to consolidate and amend the law regulating labour in factories.
WHEREAS it is expedient to consolidate and amend the law regulating
labour in factories;
It is hereby enacted as follows:CHAPTER 1 PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be called the
Factories Act, 1948.
1
[(2) It extends to the whole of India. 2[***]
(3) It shall come into force on the 1st day of April, 1949.
2.

Interpretation.-In this Act, unless there is anything repugnant in the subject or

context,(a) adult means a person who has completed his eighteenth year of age;
(b) adolescent means a person who has completed his fifteenth year of age but has
not completed his eighteenth year;
3
[(bb) calendar year means the period of twelve months beginning with
the first day of January in any year;]
(c) child means a person who has not completed his fifteenth year of age;
4
[(ca) competent person, in relation to any provision of this Act, means
a person or an institution recognised as such by the Chief
Inspector for the purposes of carrying out tests, examinations
and inspections required to be done in a factory under the
provisions of this Act having regard to1 Subs. by the Adaptn. of Laws Order, 1950 for former sub-sec. and
subsequently amended by Act 51 of 1970.
2 The words except the State of Jammu and Kashmir omitted by
amended by Act 51 of 1970.
3 Ins. by Act 25 of 1954
4 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)

2
Sec.
(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 recognised as a competent person in relation to a factory;
(cb) hazardous process means any process or 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
wouldThe Factories Act, 1948
2

(i) cause material impairment to the health of the persons engaged in or connected
therewith, or
(ii) result in the pollution of the general environment:
Provided that the State Government may, by notification in the Official
Gazette, amend the First Schedule by way of addition, omission or variation, of
any industry specified in the said Schedule.]
(d) young person means a person who is either a child or an adolescent;
(e) day means a period of twenty-four hours beginning at midnight:
(f) week means a period of seven days beginning at midnight on Saturday night or
such other night as may be approved in writing for a particular area by the
Chief Inspector of Factories;
(g) power means electrical energy, or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency;
(h) prime mover means any engine, motor or other appliance which generates or
otherwise provides power;
(i) transmission machinery means any shaft, wheel, drum pulley, system of
pulleys, coupling, clutch, driving belt or other appliance or device by which
the motion of a prime mover is transmitted to or received by any machinery
or appliance;
(j) machinery includes prime movers, transmission machinery and all other
appliances whereby power is generated, transformed, transmitted or applied;
(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

Schedule

12

The Factories Act, 1948

[(ii) pumping oil, water, sewage, or any other substance; or]

(iii)
generating, transforming or transmitting power; or
3
[(iv) composing types for printing, printing by letter press,
lithography, photogravure or other similar process or
book-binding;] 4[or]
(v) constructing,
reconstructing, repairing,
refitting, finishing or breaking up ships or
vessels; or
4
(vi)
preserving or storing any article in cold storage.]

(l)

worker means a person 5[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
2

the machinery or premises used for a manufacturing process, or

in any other kind of work incidental to, or connected with, the
manufacturing process, or the subject of the manufacturing
process, 6[but does not include any member of the armed forces
of the Union;]
(m) factory means any premises including the precints thereof(i) whereon ten or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process
is being carried on with the aid of power, or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process
is being carried on without the aid of power, or is ordinarily so carried on,

1 Cl. (ii) reading pumping oil, water, sewage, or sub. by Act 94 of 1976
(w.e.f.
2 .10.1976)
3 Cl. (iv) by Act 25 of 1954.
4 Ins. cls. (iv) and (v), the word or added by Act 94 of 1976 (w.e.f.
26.10.1976) 4 Cl. (vi) ins. by Act 94 of 1976 (w.e.f. 26.10.1976).
5 Subs. for employed directly or through any agency, whether for wages
or not by Act 94 of 1976 (w.e.f. 26.10.1976).
6 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976).

4
Sec.
but does not include a mine subject to the operation of 1[the Mines Act, 1952 (35
of 1952) or 2[a mobile unit belonging to the armed forces of the Union, a railway
running shed or a hotel, restaurant or eating place;]
3
[Explanation 4[I].-For computing the number of workers for the purposes of
this clause all the workers in 5[different groups and relays in a day shall be taken
taken into account;]
6
[Explanation II.-For the purposes of this clause, the mere fact that an
Electronic Data Processing Unit or a Computer Unit is installed in any premises
or part thereof, shall not be construed to make it a factory if no manufacturing
process is being carried on in such premises or part thereof.];
(n) occupier of a factory means the person who has ultimate control over the affairs
of the factory,
7
[***]
8

[Provided that(i) in the case of a firm or other association of individuals, any one of the individual
partners or members thereof shall be deemed to be the occupier;
(ii) in the case of a company, any one of the directors, shall be deemed to be the
occupier;
(iii) in the case of a factory owned or controlled by the Central Government, or any
State Government, or any local authority, the person or persons appointed
to manage the affairs of the factory by the Central Government, the State
Government or the local authority, as the case may be, shall be deemed to
be the occupier]:
The Factories Act, 1948
3

1 Subs. for The Indian Mines Act,1923 (4 of 1923) by Act 25 of 1954

2 Subs. for A railway running shed by Act 94 of 1976
3 Explanation ins. by Act 94 of 1976
4 Renumbered by Act 20 of 1987
5 Subs. by Act 20 of 1987 (w.e.f. 1.2.1987)
6 Ins. by Act 20 of 1987
7 Del. by Act 20 of 1987 (w.e.f. 1.12.1987)
8 Proviso by ibid. Ins. by Act 20 of 1987

Schedule

The Factories Act, 1948

1 2

(b)
(c)

(a)
(b)

(o)

[ [Provided further that] in the case of a ship which is being repaired, or on

on which maintenance work is being carried out, in a dry dock which is available
for hire,(1) the owner of the dock shall be deemed to be the occupier for the
purposes of any matter provided for by or under(a) section 6, section 7, 2[section 7A, section 7B], section 11
11 or section 12;
section 17, in so far as it relates to the providing and maintenance of sufficient
and suitable lighting in or around the dock;
section 18, section 19, section 42, section 46, section 47, or section 49, in
relation to the workers employed on such repair or maintenance;
(2) the owner of the ship or his agent or master or other officer-incharge
of the ship or any person who contracts with such owner, agent
or master or other officer-in-charge to carry out the repair or
maintenance work shall be deemed to be the occupier for the
purposes of any matter provided for by or under section 13,
section 14, section 16 or section 17 (save as otherwise provided
in this proviso) or Chapter IV (except section 27 or section 43,
section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or
Chapter IX or section 108, section 109, or section 110, in
relation tothe workers employed directly by him, or by or through any agency; and
the machinery, plant or premises in use for the purpose of carrying out such
repair or maintenance work by such owner, agent, master or other officer-incharge or person;]
3
[***]

(p) prescribed means prescribed by rules made by the 4[State]

Government under this Act;
(q) 5[***]

1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976.) 2 Subs. by Act 20 of 1987

(w.e.f. 1.12.1987)
2 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Omitted by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Subs. for Provincial by the Adaptn. of Laws Order, 1950
5 Omitted by the Adaptn. of Laws Order, 1950

6
Sec.
(r) where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such sets is called a
6
[Group or relay] and each of such periods is called a shift.
3. References to time of day.- In this Act references to time of day are references to
Indian Standard Time, being five and half hours ahead of Greenwich Mean Time:
Provided that for any area in which Indian Standard Time is not ordinarily
observed the 2[State] Government may make rules6
(a) specifying the area,
(b) defining the local mean time ordinarily observed therein, and
(c) permitting such time to be observed in all or any of the factories situated in the
area.
[4. Power to declare different departments to be separate factories or

two or more factories to be a single factory.- The State Government may4 [on
its own or on application made in this behalf by an occupier, direct, by an order
in writing, 5[and subject to such conditions as it may deem fit], that for all or any
any of the purposes of this Act different departments or branches of a factory of
the occupier specified in the application shall be treated as separate factories or
that two or more factories of the occupier specified in the application shall be
treated as a single factory:]
6
[Provided that no order under this section shall be made by the State
Government on its own motion unless an opportunity of being heard is given to
the occupier.]
5.
Power to exempt during public emergency.- In any case of
public emergency the 7[State] Government may, by notification in the Official
Gazette, exempt any factory or class or description of factories from all or
any of the provisions of this Act 8[except section 67] for such period and
subject to such conditions as it may think fit:
6 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Sub. for Provincial by the Adaptn. of Laws Order, 1950.
3 Subs. by Act 25 of 1954.
4 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
5 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
6 Added by Act 20 of 1987 (w.e.f. 1.12.1987)
7 Subs. for Provincial by the Adaptn. of Laws Order, 1950

Schedule

The Factories Act, 1948

Provided that no such notification shall be made for a period exceeding three
months at a time.
1
[Explanation.- For the purposes of this section public emergency means a
grave emergency whereby the security of India or any part of the territory thereof
is threatened, whether by war or external aggression or internal disturbance.]
6.
Approval, licensing and registration of factories.- (1) The
[State] Government may make rules9
[(a) requiring, for the purposes of this Act, the submission of plans of
any class or description of factories to the Chief Inspector or the
State Government;]
3
[(aa) requiring the previous permission in writing of the 11[State]
Government or the Chief Inspector to be obtained for the site on
which the factory is to be situated and for the construction or
extension of any factory or class or description of factories;
requiring for the purpose of considering applications for such permission the
submission of plans and specifications;
prescribing the nature of such plans and specifications and by
whom they shall be certified;
requiring the registration and licensing of factories or any class or description of
factories, and prescribing the fees payable for such registration and licensing
and for the renewal of licences;
requiring that no licence shall be granted or renewed unless the notice specified
in section 7 has been given.
If on an application for permission referred to in 4[clause (aa)] of subsection (1)
accompanied by the plans and specifications required by the rules made under
clause (b) of that sub-section, sent to the 5[State] Government or Chief Inspector
2

(b)
(c)
(d)

(e)
(2)

8 Ins. by Act 25 of 1954

1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
2 Subs. for Provincial by the Adaptn. of Laws Order, 1950 9 Ins. by
Act 94 of 1976 (w.e.f. 26.10.1976).
3 Original Cl. (a) relettered as Cl.(aa) by Act 94 of 1976 (w.e.f.
26.10.1976). 11 Subs. for Provincial by the Adaptn. of Laws Order, 1950
4 Subs. for clause (a) Factories (Amendment) Act, 1976 (w.e.f.
16.10.1976)
5 Subs. for Provincial by Factories (Amendment) Act, 1976 (w.e.f.
16.10.1976).

8
Sec.
by registered post, no order is communicated to the applicant within three
months from the date on which it is so sent, the permission applied for the said
application shall be deemed to have been granted.
(3) Where a 1[State] Government or a Chief Inspector refuses to grant permission to
the site, construction or extension of 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 from was of the
2
[State] Government and to the 3[State] Government in any other case.
Explanation.-A factory shall not be deemed to be extended within the
meaning of this section by reason only of the replacement of any plant or
machinery, or within such limits as may be prescribed, of the addition of any
plant or machinery, 4[if such replacement or addition does not reduce the
minimum clear space required for safe working around the plant or machinery or
adversely affect the environmental conditions from the evolution or emission of
steam, heat or dust or fumes injurious to health.]

(a)
(b)

(c)
(d)
(i)
(ii)

7. Notice by occupier.- (1) 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 containingthe name and situation of the factory;
the name and address of the occupier;
5
[(bb) the name and address of the owner of the premises or building
(including the precincts thereof) referred to in section 93;]
the address to which communications relating to the factory may be sent;
the nature of the manufacturing processcarried 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
to be carried on in the factory during the next twelve months in the case of all
factories;

1 Subs. for Provincial by Factories (Amendment) Act, 1976 (w.e.f.

16.10.1976).
2 Subs. for Provincial by Factories (Amendment) Act, 1976 (w.e.f.
16.10.1976).
3 Subs. for Provincial by Factories (Amendment) Act, 1976 (w.e.f.
16.10.1976).
4 Ins. by Factories (Amendment) Act, 1976 (w.e.f. 26.10.1976)
5 Ins. by Act 94 of 1976

Schedule

The Factories Act, 1948

[(e) the total rated horse-power installed or to be installed in the factory,

which shall not include the rated horse-power of any separate
stand by plant;]

7A
(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 a factory in existence on the date of
the commencement of this Act;
(i) such other particulars as may be prescribed.
(2) 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 in sub-section (1) within thirty days from the
date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process which is ordinarily carried
on for less than one hundred and eighty working days in the year resumes
working, the occupier shall send a written notice to the Chief Inspector
containing the particulars specified in sub-section (1) 2[at least thirty days] before
the date of the commencement of work.
(4) Whenever a new manager is appointed, the occupier shall send to the
3
[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.
(5) During any period for which no person has been designated as manager of a
factory or during which the person designated does not manage the factory, any
person found acting as manager, or if no such person is found, the occupier
himself, shall be deemed to be the manager of the factory for the purposes of this
Act.
[7A. General duties of the occupier.- (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.
4

1 Cl.(e) subs. by Act 94 of 1976 (w.e.f. 26.10.1976)

2 Subs. for within thirty days by Act 40 of 1949.
3 Subs. for Chief Inspector a written notice by Act 25 of 1954
4 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)

10
Sec.
(2) Without prejudice to the generality of the provisions of sub- section (1), the
matters to which such duty extends, shall include(a) the provision and maintenance of plant and systems of work in the factory that
are safe and without risk to health;
(b) 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;
(c) the provisions of such information, instruction, training and supervision as are
necessary to ensure the health and safety of all workers at work;
(d) the maintenance of all places of work in the factory in a condition that is safe and
without risks to health and the provision and maintenance of such means of
access to, and egress from, such places as are safe and without such risks;
(e) the provision, or maintenance or monitoring of such working environment in the
factory for the workers that is safe, without risk to health and adequate as
regards facilities and arrangements for their welfare at work.
7B
(3) 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 organisation and
arrangements for the time being in force for carrying out that policy, and to bring
the statement and any revision thereof to the notice of all the workers in such
manner as may be prescribed.]
[7B. General duties of manufacturers, etc. as regards articles and

substances for use in factories.- (1) Every person who designs, manufactures,
imports or supplies any article for use in any factory shall(a) ensure, so far as is reasonably practicable, that the article is so designed and
constructed as to be safe and without risks to the health of the workers
when properly used;
(b) carry out or arrange for the carrying out of such tests and examination as may
be considered necessary for the effective implementation of the provisions of
clause (a).
(c) take such steps as may be necessary to ensure that adequate information will be
available(i) in connection with the use of the article in any factory;
(ii) about the use for which it is designed and tested; and
(iii) about any conditions necessary to ensure that the article, when put to such use,
will be safe, and without risks to the health of the workers:
Provided that where an article is designed or manufactured outside India, it
shall be obligatory on the part of the importer to see1 Ins. by the Factories (Amendment) Act, 1987 (w.e.f. 1.6.1988)

Schedule

The Factories Act, 1948

11

(a) that the article conforms to the same standards if such article is manufactured
in India, or
(b) If the standards adopted in the country outside for the manufacture of such
article is above the standards adopted in India, that the article conforms to
such standards.
(2) Every person, who undertakes to design or manufacture any article for use in
any factory may carry out or arrange for the carrying out of necessary research
with a view to the discovery and, so far as is reasonably practicable, the
elimination or minimization of any risks to the health or safety of the workers to
which the design or article may give rise.
(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a
person to repeat the testing, examination or research which has been carried out
otherwise than by him or at his instance in so far as it is reasonable for him to
rely on the results thereof for the purposes of the said sub-sections.
(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to
things done in the course of business carried on by him and to matters within
his control.
(5) Where a person designs, manufactures, imports or supplies an article on the
basis of a written undertaking by the user of such article to take the steps
specified in such undertaking to ensure, so far as is reasonably practicable, that
the article will be safe and without risks to the health of the workers when
properly used, the undertaking shall have the effect of relieving the person
designing, manufacturing, importing or supplying the article from the duty
imposed by clause (a) of sub-section (1) to such extent as is reasonable having
regard to the terms of the undertaking.

(6) For the purposes of this section, an article is not to be regarded as properly used
if it is used without regard to any information or advice relating to its use which
has been made available by the person who has designed, manufactured,
imported or supplied the article.
Explanation.-For the purposes of this section article shall include plant and
machinery.]
CHAPTER II THE INSPECTING STAFF
8. Inspectors.- (1) The 1[State] Government may, by notification in the
Official Gazette, appoint such persons as possess the prescribed qualification to
be Inspectors for the purposes of this Act and may assign to them such local
limits as it may think fit.
1 Subs. for Provincial by the Adaptn. of Laws Order, 1950

12
Sec.
(2) The 1[State] Government may, by notification in the Official Gazette, appoint any
person to be a Chief Inspector who shall, in addition to the powers conferred on a
Chief Inspector under this Act, exercise the powers of an Inspector throughout
the State.
3
[(2A) The State Government may, by notification in the Official Gazette,
appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy
Chief Inspectors and as many other officers as it thinks fit to assist the Chief
Inspector and to exercise such of the powers of the Chief Inspector as may be
specified in such notification.
(2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief
Inspector and every other officer appointed under sub-section (2A) shall, in
addition to the powers of a Chief Inspector specified in the notification by which
he is appointed, exercise the powers of an Inspector throughout the State.]
(3) No person shall be appointed under sub-section (1), sub-section (2), 4[sub-section
(2A)] or sub-section (5), or, having been so appointed, shall continue to hold
office, who is or becomes directly or indirectly interested in a factory or in any
process or business carried on therein or in any patent or machinery connected
therewith.
(4) Every District Magistrate shall be an Inspector for his district.
(5) The 2[State] Government may also, by notification as aforesaid, appoint such
public officers as it thinks fit to be Additional Inspectors for all or any of the
purposes of this Act, within such local limits as it may assign to them
respectively.
(6) In any area where there are more Inspectors than one, the 3[State] Government
may, by notification as aforesaid, declare the powers, which such Inspectors shall
respectively exercise and the Inspector to whom the prescribed notices are to be
sent.
(7) 4[Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy
Chief Inspector, Inspector and every other officer appointed under this section]
shall be deemed to be a public servant within the meaning of the Indian Penal
Code (45 of 1860), and shall be officially subordinate to such authority as the
State Government may specify in this behalf.
9. Powers of Inspectors.- Subject to any rules made in this behalf, an
1 Subs. for Provincial by the Adaptn. of Laws Order, 1950 3 Ins. by
Act 94 of 1976 (w.e.f. 26.10.1976) 4 Ins. by Act 94 of 1976 (w.e.f.
26.10.1976).
2 Subs. for Provincial by the Adaptn. of Laws Order, 1950
3 Subs. for Provincial by the Adaptn. of Laws Order, 1950
4 Subs. for Every Chief Inspector and Inspector by Act 94 of 1976
(w.e.f. 26.10.1976)

Schedule

(c)

(d)
(e)

(f)

(g)

(h)

(i)

The Factories Act, 1948

13

Inspector may, within the local limits for which he is appointed(a) enter, with such assistants, being persons in the service of the
Government, or any local or other public authority, 1[or with an
expert] as he thinks fit, any place which is used, or which he has
reason to believe is used, as a factory;
2
[(b) make examination of the premises, plant, machinery, article or
substance.
inquire into 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;
require the production of any prescribed register or any other document relating
to the factory;
seize, or take copies of any register, record or other document or any portion
thereof, as he may consider necessary in respect of any offence under this
Act, which he has reason to believe, has been committed;
direct the occupier that any premises or any part thereof, or anything lying
therein, shall be left undisturbed (whether generally or in particular
respects) for so long as is necessary for the purpose of any examination
under clause (b);
take measurements and photographs and make such recordings as he considers
necessary for the purpose of any examination under clause (b), taking with
him any necessary instrument or equipment;
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 it to be dismantled or
subject it to any 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 any such article or substance or a part
thereof, and detain it for so long as is necessary for such examination;
exercise such other powers as may be prescribed:]
Provided that no person shall be compelled under this section to answer any
question or give any evidence tending to incriminate himself.

10. Certifying surgeons.- (1) The 3[State] Government may appoint qualified medical
practitioners to be certifying surgeons for the purposes of this Act within such

1 Ins. by 20 of 1987 (w.e.f. 1.12.1987)

2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Subs. for Provincial by the Adaptn. of Laws Order, 1950

14
Sec.
local limits or for such factory or class or description of factories as it may assign
to them respectively.
11
(2) A certifying surgeon may, with the approval of the 1[State] Government, authorise
any qualified medical practitioner to exercise any of his powers under this Act for
such period as the certifying surgeon may specify and subject to such conditions
as the 2[State] Government may think fit to impose, and references in this Act to
a certifying surgeon shall be deemed to include references to any qualified
medical practitioner when so authorised.
(3) No person shall be appointed to be, or authorised to exercise the powers of, a
certifying surgeon, or having been so appointed or authorised, continue to
exercise such powers, who is or becomes the occupier of a factory or is or
becomes directly or indirectly interested therein or in any process or business
carried on therein or in any patent or machinery connected therewith or is
otherwise in the employ of the factory:
3
[Provided that the State Government may, by order in writing and subject to
such conditions as may be specified in the order, exempt any person or class of
persons from the provisions of this sub- section in respect of any factory or class
or description of factories.]
(4) The certifying surgeon shall carry out such duties as may be prescribed in
connection with(a) the examination and certification of young persons under this Act;
(b) the examination of persons engaged in factories in such dangerous occupations
or processes as may be 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
substances used therein or by reason of the adoption of any new
manufacturing process or of any new substance for use in a manufacturing
process, there is a likelihood of injury to the health of workers employed in
that manufacturing process;
(iii) young persons are, or are about to be, employed in any work which is likely to
cause injury to their health. Explanation.-In this section qualified medical
practitioner means a person holding a qualification granted by an authority
1 Subs. for Provincial by the Adaptn. of Laws Order, 1950
2 Subs. for Provincial by the Adaptn. of Laws Order, 1950
3 Proviso ins. by Act 94 of 1976 (w.e.f. 26.10.1976.)

Schedule

The Factories Act, 1948

15

specified in the Schedule to the Indian Medical Degrees Act, 1916 (VII of
1916), or in the Schedules to the Indian Medical Council Act, 1933 (XXVII of
1933).
CHAPTER III HEALTH
11. Cleanliness.- (1) Every factory shall be kept clean and free from effluvia
arising from any drain, privy or other nuisance, and in particular(a) accumulations of dirt and refuse shall be removed daily by sweeping or by any
other effective method from the floors and
12
benches of workrooms and from staircases and passages, and
disposed of in a suitable manner;
(b) the floor of every workroom shall be cleaned at least once in every week by
washing, using disinfectant, where necessary, or by some other effective
method;
(c) where a floor is liable to become wet in the course of any manufacturing process
to such extent as is capable of being drained, effective means of drainage
shall be provided and maintained;
(d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides
and tops of passages and staircases shall(i) where they are 1[painted otherwise than with washable
water paint] or varnished, be repainted or revarnished at
least once in every period of five years;
2
[(ia) where they are painted with washable water-paint, be
repainted with at least one coat of such paint at least
once in every period of three years and washed at least
once in every period of six months;]
(ii) where they are painted or vanished or where they have smooth impervious
surfaces, be cleaned at least once in every period of fourteen months by
such method as may be prescribed;
(iii) in any other case, be kept white-washed, or colour- washed, and the whitewashing or colour-washing shall be carried out at least once in every period
of fourteen months;
2
[(dd) all doors and window frames and other wooden or metallic
framework and shutters shall be kept painted or varnished and

1 Subs. for painted by Act 94 of 1976 (w.e.f. 26.10.1976) 2 Ins. by Act

94 of 1976 (w.e.f. 26.10.1976).
2 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)

16

Sec.
the painting or varnishing shall be carried out at least once in
every period of five years;]
(e) the dates on which the processes required by clause (d) are carried out shall be
entered in the prescribed register.
(2) If, in view of the nature of the operations carried on 1[in a factory or class
or description of factories or any part of a factory or class or description of
factories], it is not possible for the occupier to comply with all or any of the
provisions of sub-section (1), the 2[State] Government may, by order exempt such
factory or class or description of factories 3[or part] from any of the provisions of
that sub-section and specify alternative methods for keeping the factory in a
clean state.
12. Disposal of wastes and effluents.- 4[(1) Effective arrangements shall be
be made in every factory for the treatment of wastes and effluents due to the
manufacturing process carried on therein, so as to render them innocuous, and
for their disposal.]
15
(2) The 5[State] Government may make rules prescribing the arrangements to
be made under sub-section (1) or requiring that the arrangements made in
accordance with sub-section (1) shall be approved by such authority as may be
prescribed.

(a)
(b)

(i)
(ii)

13. Ventilation and temperature.- (1) Effective and suitable provision shall
be made in every factory for securing and maintaining in every workroomadequate ventilation by the circulation of fresh air, and
such a temperature as will secure to workers therein reasonable conditions of
comfort and prevent injury to health;
and in particularwalls and roofs shall be of such material and so designed that such temperature
shall not be exceeded but kept as low as practicable;
where the nature of the work carried on in the factory involves, or is likely to
involve, the production of excessively high temperatures, such adequate
measures as are practicable shall be taken to protect the workers therefrom,
1 Subs. for in a factory by Act 94 of 1976 (w.e.f. 26.10.1976.)
2 Subs. for Provincial by the Adaptn. of Laws Order, 1950
3 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
4 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
5 Subs. for Provincial by the Adaptn. of Laws Order, 1950

Schedule

The Factories Act, 1948

17

by separating the process which produces such temperatures from the

workroom, by insulating the hot parts or by other effective means.
(2) The 1[State] Government may prescribe a standard of adequate ventilation
and reasonable temperature for any factory or class or description of factories or
parts thereof and direct that 3[proper measuring instruments, at such places and
in such position as may be specified, shall be provided and such records, as may
be prescribed, shall be maintained.]
2
[(3) If it appears to the Chief Inspector that excessively high temperatures in
any factory can be reduced by the adoption of suitable measures, he may, without
prejudice to the rules made under sub-section (2), serve on the occupier, an order
in writing specifying the measures which, in his opinion, should be adopted, and
requiring them to be carried out before a specified date.]
14. Dust and fume.- (1) In every factory in which, by reason of the
manufacturing process carried on, there is given off any dust or fume or other
impurity of such a nature and to such an extent as is likely to be injurious or
offensive to the workers employed therein, or any dust in substantial quantities,
effective measures shall be taken to prevent its inhalation and accumulation in
any workroom, and if any exhaust appliance is necessary for this purpose, it
shall be applied as near as possible to the point of origin of the dust, fume or
other impurity, and such point shall be enclosed as far as possible.
(2) In any factory no stationary internal combustion engine shall be operated
unless the exhaust is conducted into the open air, and no other internal
combustion engine shall be operated in any room unless effective measures have
been taken to prevent such accumulation of fumes therefrom as are likely to be
injurious to workers employed in the room.
15
15. Artificial humidification.- (1) In respect of all factories in which the
humidity of the air is artificially increased, the 3[State] Government may make
rules(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the humidity of the air;

1 Subs. for Provincial by the Adaptn. of Laws Order, 1950 3 Subs. by

Act 20 of 1987 (w.e.f. 1.12.1987).
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987).
3 Subs. for Provincial by the Adaptn. of Laws Order, 1950

18
Sec.
(c) directing prescribed tests for determining the humidity of the air to be correctly
carried out and recorded;
(d) prescribing methods to be adopted for securing adequate ventilation and cooling
of the air in the workrooms.
(2) In any factory in which the humidity of the air is artificially increased, the water
used for the purpose shall be taken from a public supply, or other source of
drinking water, or shall be effectively purified before it is so used.
(3) If it appears to an Inspector that the water used in a factory for increasing
humidity which is required to be effectively purified under sub-section (2) is not
effectively purified he may serve on the manager of the factory an order in
writing, specifying the measures which in his opinion should be adopted, and
requiring them to be carried out before specified date.
16. Over-crowding.- (1) No room in any factory shall be over-crowded to an
extent injurious to the health of the workers employed therein.
(2) Without prejudice to the generality of sub-section (1), there shall be in every
workroom of a factory in existence on the date of the commencement of this Act
at least 1[9.9 cubic metres] and of a factory built after the commencement of this
Act at least 2[14.2 cubic metres] or space for every worker employed therein, and
for the purposes of this sub-section no account shall be taken of any space which
is more than 3[4.2 metres] above the level of the floor of the room.
(3) If the Chief Inspector by order in writing so requires, there shall be posted in
each workroom of a factory a notice specifying the maximum number of workers
who may, in compliance with the provisions of this section, be employed in the
room.
(4) The Chief Inspector may by order in writing exempt, subject to such conditions, if
any, as he may think fit to impose, any workroom from the provisions of this
section, if he is satisfied that compliance therewith in respect of the room is
unnecessary in the interest of the health of the workers employed therein.
17. Lighting.- (1) In every part of a factory where workers are working or
passing there shall be provided and maintained sufficient and suitable lighting,
natural or artificial, or both.
(2) In every factory all glazed windows and skylights used for the lighting of the
workroom shall be kept clean on both the inner and outer surfaces and, so far as
compliance with the provisions of any rules made under sub-section (3) of section
13 will allow, free from obstruction.
1 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

Schedule

The Factories Act, 1948

19

(3) In every factory effective provision shall, so far as practicable, be made for the
prevention of19
(a) glare, either directly from a source of light or by reflection from a smooth or
polished surface;
(b) the formation of shadows to such an extent as to cause eyestrain or the risk of
accident to any worker.
(4) The 1[State] Government may prescribe standards of sufficient and suitable
lighting for factories or for any class or description of factories or for any
manufacturing process.
18. Drinking water.- (1) In every factory effective arrangements shall be
made to provide and maintain at suitable points conveniently situated for all
workers employed therein a sufficient supply of wholesome drinking water.
(2) All such points shall be legibly marked drinking water in a language understood
by a majority of the workers employed in the factory, and no such point shall be
situated within 2[six metres of any washing place, urinal, latrine, spittoom, open
drain carrying sullage or effluent or any other source of contamination] unless a
shorter distance is approved in writing by the Chief Inspector.
(3) In every factory wherein more than two hundred and fifty workers are ordinarily
employed provision shall be made for cool drinking water during hot weather by
effective means and for distribution thereof.
(4) In respect of all factories or any class or description of factories the 3[State]
Government may make rules for securing compliance with the provisions of subsections (1), (2) and (3) and for the examination by prescribed authorities of the
supply and distribution of drinking water in factories.
19. Latrines and urinals.- (1) In every factory(a) sufficient latrine and urinal accommodation of prescribed types shall be provided
conveniently situated and accessible to workers at all times while they are at
the factory;
(b) separate enclosed accommodation shall be provided for male and female workers;
(c) such accommodation shall be adequately lighted and ventilated, and no latrine or
urinal shall, unless specially exempted in writing by the Chief Inspector,
1 Subs. for Provincial by the Adaptn. of Laws Order, 1950
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Subs. for Provincial by the Adaptn. of Laws Order, 1950

20

(d)
(e)
(2)
(a)
(b)

Sec.
communicate with any workroom except through an intervening open space
or ventilated passage;
all such accommodation shall be maintained in a clean and sanitary condition at
all times;
sweepers shall be employed whose primary duty it would be to keep clean
latrines, urinals and washing places.
In every factory wherein more than two hundred and fifty workers are ordinarily
employedall latrine and urinal accommodation shall be of prescribed sanitary types;
the floors and internal walls, up to a height of 1[Ninety Centimetres], of the
latrines and urinals and the sanitary blocks shall be laid in glazed tiles or
otherwise finished to provide a smooth polished impervious surface;
20

(c) without prejudice to the provisions of clauses (d) and (e) of subsection (1) the
floors, portions of the walls and blocks so laid or finished and the sanitary
pans of latrines and urinals shall be thoroughly washed and cleaned at least
once in every seven days with suitable detergents or disinfectants or with
both.
(3) The 2[State] Government may prescribe the number of latrines and urinals to be
provided in any factory in proportion to the numbers of male and female workers
ordinarily employed therein, and provide for such further matters in respect of
sanitation in factories, including the obligation of workers in this regard, as it
considers necessary in the interest of the health of the workers employed therein.
20. Spittoons.- (1) In every factory there shall be provided a sufficient
number of spittoons in convenient places and they shall be maintained in a clean
and hygienic condition.
(2) The 3[State] Government may make rules, prescribing the type and the number of
spittoons to be provided and their location in any factory and provide for such
further matters relating to their maintenance in a clean and hygienic condition.
(3) No person shall spit within the premises of a factory except in the spittoons
provided for the purpose and a notice containing this provision and the penalty
for its violation shall be prominently displayed at suitable places in the premises.
(4) Whoever spits in contravention of sub-section (3) shall be punishable with fine
not exceeding five rupees.

1 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

2 Subs. for Provincial by the Adaptn. of Laws Order, 1950
3 Subs. for Provincial by the Adaptn. of Laws Order, 1950

Schedule

The Factories Act, 1948

21

CHAPTER IV SAFETY
21. Fencing of machinery.- (1) In every factory the following, namely:(i) every moving part of a prime mover and every flywheel connected to a prime
mover, whether the prime mover or flywheel is in the engine house or not;
(ii) the headrace and tailrace of every water-wheel and water turbine;
(iii) any part of a stock-bar which projects beyond the head stock of a lathe; and
(iv) unless they are in such position or of such construction as to be safe to every
person employed in the factory as they would be if they were securely fenced,
the following, namely(a) every part of an electric generator, a motor or rotary converter;
(b) every part of transmission machinery; and
(c) every dangerous part of any other machinery;
shall be securely fenced by safeguards of substantial construction which 1[shall
be constantly maintained and kept in position] while the parts of machinery they
are fencing are in motion or in use:
22
2

[Provided that for the purpose of determining whether any part of

machinery is in such position or is of such construction as to be safe as
aforesaid, account shall not be taken of any occasion when(i) it is necessary to make an examination of any part of the machinery aforesaid
while it is in motion or, as a result of such examination, to carry out
lubrication or other adjusting operation while the machinery is in motion,
being an examination or operation which it is necessary to be carried out
while that part of the machinery is in motion, or
(ii) in the case of any part of a transmission machinery used in such process as may
be prescribed (being a process of a continuous nature the carrying on of
which shall be, or is likely to be, substantially interfered with by the
stoppage of that part of the machinery), it is necessary to make an
examination of such part of the machinery while it is in motion or, as a
result of such examination, to carry out any mounting or shipping of belts or
lubrication or other adjusting operation while the machinery is in motion,
and such examination or operation is made or carried out in accordance with the
provisions of sub-section (1) of section 22.]

1 Subs. for shall be kept in position by Act 94 of 1976 (w.e.f.

26.10.1976)
2 Subs. for original proviso by Act 94 of 1976 (w.e.f. 26.10.1976).

22

Sec.
(2) The 1[State] Government may by rules prescribe such further precautions
as it may consider necessary in respect of any particular machinery or part
thereof, or exempt, subject to such condition as may be prescribed, for securing
the safety of the workers any particular machinery or part thereof from the
provisions of this section.
22. Work on or near machinery in motion.- 2[(1) Where in any factory it
becomes necessary to examine any part of machinery referred to in section 21,
while the machinery is in motion, or as a result of such examination, to carry
out(a) in a case referred to in clause (i) of the proviso to sub-section (1)
of section 21, lubrication or other adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso aforesaid, any
mounting or shipping of belts or lubrication or other adjusting
operation,
while the machinery is in motion, such examination or operation shall be made
or carried out only by a specially trained adult male worker wearing 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 his 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 centimetres 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 either laced or flush with the belt;
23
(iv) the belt, including the joint and the pulley rim, are in good repair,
(v) there is reasonable clearance between the pulley and any fixed plant or structure;
(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 a second person.]
(b) without prejudice to any other provision of this Act relating to the fencing of
machinery, every set screw, bolt and key on any revolving shaft, spindle,
wheel or pinion, and all spur, worm and other toothed or friction gearing in
motion with which such worker otherwise be liable to come into contact,
shall be securely fenced to prevent such contact.
1 Subs. for Provincial by Adaptn. of Laws Order, 1950.
2 Opening paragraph and Cl.(s) Subs. by Act 94 of 1976 (w.e.f.
26.10.1976)

Schedule

The Factories Act, 1948

23

[(2) No woman or young person shall be allowed to clean, lubricate or adjust

any part of a prime mover or of any transmission machinery while the prime
mover or transmission machinery is in motion, or to clean, lubricate or adjust
any part of any machine if the cleaning, lubrication or adjustment thereof would
expose the woman or young person to risk of injury from any moving part either
of that machine or of any adjacent machinery.]
(3) The 2[State] Government may, by notification in the Official Gazette,
prohibit, in any specified factory or class or description of factories, the cleaning,
lubricating or adjusting by any person of specified parts of machinery when those
parts are in motion.
23. Employment of young persons on dangerous machines.- (1) No young
person 3[shall be required or allowed to work] at any machine to which this
section applies, unless he has been fully instructed as to the dangers arising in
connection with the machine and the precautions to be observed and- (a) has
received sufficient training in work at the machine, or
(b) is under adequate supervision by a person who has a thorough
knowledge and experience of the machine.
(2) Sub-section (1) shall apply to such machines as may be prescribed by the
4
[State] Government, being machines which in its opinion are of such a
dangerous character that young persons ought not to work at them unless the
foregoing requirements are complied with.
24. Striking gear and devices for cutting off power.- (1) In every factory(a) suitable striking gear 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;
(b) driving belts when not in use shall not be allowed to rest or ride upon shafting in
motion.
28

1 Sub-sec.(2) sub. by Act 25 of 1954.

2 Subs. for Provincial by Adaptn. of Laws Orders, 1950
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987.)
4 Subs. for Provincial by Adaptn. of Laws Order, 1950.

24

Sec.
(2) In every factory suitable devices for cutting off power in emergencies from
running machinery shall be provided and maintained in every workroom:
Provided that in respect of factories in operation before the commencement
of this Act, the provisions of this sub-section shall apply only to workrooms in
which electricity is used as power.
1
[(3) When a device, which can inadvertently shift from off to on position,
is provided in a factory to cut-off power, arrangements shall be provided for
locking the device in safe position to prevent accidental starting of the
transmission machinery or other machines to which the device is fitted.]
25. Self-acting machines.- 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 2[forty-five centimetres] from any fixed structure which is not part of
the machine:
Provided that the Chief Inspector may permit the continued use of a
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.
26. Casing of new machinery.- (1) In all machinery driven by power and installed in
any factory after the commencement of this Act,(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall
be so sunk, encased or otherwise effectively guarded as to prevent danger;
(b) all spur, worm and other toothed or friction gearing which does not require
frequent adjustment while in motion shall be completely encased, unless it is
so situated as to be as safe as it would be if it were completely encased.
(2) Whoever sells or lets on hire or, as agent of a seller or hirer, causes or
procures to be sold or let or hire, for use in a factory any machinery driven by
power which does not comply with the provisions of 3[sub-section (1) or any rules
made under sub-section (3)], shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to five hundred
rupees or with both.
4
[(3) The State Government may make rules specifying further safeguards to
be provided in respect of any other dangerous part of any particular machine or
class or description of machines.]

1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976.) 2 Subs. by Act 20 of 1987

(w.e.f. 1.12.1987). 3 Subs. for sub-sec.(1) by Act 25 of 1954 4 Sub-sec.(3)
sub. by Act 25 of 1954.

Schedule

The Factories Act, 1948

25

27. Prohibition of employment of women and children near cotton- openers.No woman or child shall be employed in any part of a factory for pressing
cotton in which a cotton-opener is at work:
Provided that 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 in any particular case specify in writing, women and children may
be employed on the side of the partition where the feed-end in situated.
28
28. Hoists and lifts.- (1) In every factory(a) every hoist and lift shall be(i) of good mechanical construction, sound material and adequate strength;
(ii) 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 plainly 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) every gate referred to in clause (b) or clause (d) shall be fitted with inter-locking or
other efficient device to secure that the gate cannot be opened except when
the cage is at the landing and that the cage cannot be moved unless the gate
is closed.
(2) The following additional requirements shall apply to hoists and lifts used for
carrying persons and installed or reconstructed in a factory after the
commencement of this Act, namely:(a) where the cage is supported by rope or chain, there shall be at least two ropes or
chains separately connected with the cage and balance weight, and each
rope or chain with its attachments shall be capable of carrying the whole
weight of the cage together with its maximum load;
(b) efficient devices shall be provided and maintained capable of supporting the cage
together with its maximum load in the event of breakage of the ropes, chains
or attachments;
(c) an efficient automatic device shall be provided and maintained to prevent the
cage from over-running.
(3) The Chief Inspector may permit the continued use of a hoist or lift installed in a
factory before the commencement of this Act which does not fully comply with

26
Sec.
the provisions of sub-section (1) upon such conditions for ensuring safety as he
may think fit to impose.
(4) The 1[State] Government may, if in respect of any class or description of hoist or
lift, it is of opinion that it would be unreasonable to enforce any requirement of
sub-sections (1) and (2), by order direct that such requirement shall not apply to
such class or description of hoist or lift.
2
[Explanation.- For the purposes of this section, no lifting machine or
appliance shall be deemed to be a hoist or lift unless it has a platform or cage,
the direction or movement of which is restricted by a guide or guides.]
29
[29. Lifting machines, chains, ropes and lifting tackles.- (1) In any
factory the following provisions shall be complied with in respect of every lifting
machine 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 moveable, of every lifting
machine and every chain, rope or lifting tackle shall be(i) of good 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;
(b) no lifting machine and no claim, 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 and duly
entered in the prescribed register; and where this is not practicable, a table
showing the safe working loads of every kind and size of lifting machine or,
chain, rope or lifting tackle in use shall be displayed in prominent positions
on the premises;
(c) while any person is employed or working on or near the wheel track of a travelling
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 3[six metres] of that place.
2

1 Subs. for Provincial by Adaptn. of Laws Orders, 1950. 2 Ins. by Act

20 of 1987 (w.e.f. 1.12.1987)
2 Sec.29 subs. by Act 25 of 1954.
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

Schedule

The Factories Act, 1948

27

(2) The State Government may make rules in respect of any lifting machine or any
chain, rope of lifting tackle used in factories(a) prescribing further requirements to be complied with in addition to those set out
in this section;
(b) providing for exemption from compliance with all or any of the requirements of
this section, where in its opinion, such compliance is unnecessary or
impracticable.
(3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle
shall be deemed to have been thoroughly examined if a visual examination
supplemented, if necessary, by other means and by the dismantling of parts of
the gear, has been carried out as carefully as the conditions permit in order to
arrive at a reliable conclusion as to the safety of the parts examined.
Explanation.-In this section(a) lifting machine means a crane, crab, winch, teagle, pulley block, gin wheel,
transporter or runway.
1
[(b) lifting tackle means any chain, sling, rope sling, hook, shackle,
swivel, coupling, socket, clamp, tray or similar appliance,
whether fixed or movable, used in connection with the raising or
lowering of persons, or loads by use of lifting machines.]
30
30. Revolving machinery.-(1) 2[In every factory] in which the process of
grinding is carried on there shall be permanently affixed to or placed near each
machine in use a notice indicating the maximum safe working peripheral speed of
every grindstone or abrasive wheel, the speed of the shaft or spindle upon which
the wheel is mounted, and the diameter of the pulley upon such shaft or spindle
necessary to secure such safe working peripheral speed.
(2) The speeds indicated in notices under sub-section (1) shall not be exceeded.
(3) Effective measures shall be taken in every factory to ensure that the safe working
peripheral speed of every revolving vessel, cage, basket, flywheel, pulley, disc or
similar appliance driven by power is not exceeded.
31. Pressure Plant.- 3[(1) If in any factory, any plant or machinery or any
part thereof is operated at a pressure above atmospheric pressure, effective
1 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Subs. by Act 20 of 1987 (w.e.f.1.12.1987.)
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

28
Sec.
measures shall be taken to ensure that the safe working pressure of such plant
or machinery or part is not exceeded.]
(2) The 1[State] Government may make rules providing for the examination
and testing of any plant or machinery such as is referred to in sub-section (1) and
prescribing such other safety measures in relation thereto as may in its opinion
be necessary in any factory or class or description of factories.
2
[(3) The State Government may, by rules, exempt, subject to such conditions
as may be specified therein, any part of any plant or machinery referred to in
sub-section (1) from the provisions of this section.]
32. Floors, stairs and means of access.- In every factory(a) all floors, steps, stairs, passages and gangways shall be of sound construction
and properly maintained 3[and shall be kept free from obstructions and
substances likely to cause persons to slip],and where it is necessary to
ensure safety, steps, stairs, passages and gangways shall be provided with
substantial handrails;
(b) there shall, so far as is reasonably practicable, be provided and maintained safe
means of access to every place at which any person is at any time required
to work.
6
[(c) When any person has to work at a height from where he is likely to
fall, provision shall be made, so far as is reasonably practicable,
by fencing or otherwise, to ensure the safety of the person so
working.]
33. Pits, sumps, openings in floors, etc.- (1) In every factory fixed vessel, sump,
tank, pit or opening in the ground or in a floor which, by reasons of its depth,
situation, construction or contents, is or may be a source of danger, shall be
either securely covered or securely fenced.
36A
(2) The 4[State] Government may, by order in writing, exempt, subject to such
conditions as may be prescribed, any factory or class or description of factories in
respect of any vessel, sump, tank, pit or opening from compliance with the
provisions of this section.

1 Subs. for Provincial by Adaptn. of Laws Orders, 1950

2 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
3 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976) 6 Subs. by Act 20 of 1987
(w.e.f. 1.12.1987)
4 Subs. for Provincial by Adaptn. of Laws Orders, 1950

Schedule

The Factories Act, 1948

29

34. Excessive weights.- (1) No person shall be employed in any factory to

lift, carry or move any load so heavy as to be likely to cause him injury.
(2) The 1[State] Government may make rules prescribing the maximum
weights which may be lifted, carried or moved by adult men, adult women,
adolescents and children employed in factories or in any class or description of
factories or in carrying on any specified process.
35. Protection of eyes.- In respect of any such manufacturing process
carried on in any factory as may be prescribed, being a process which involves(a) risk of injury to the eyes from particles or fragments thrown off in the course of
the process, or
(b) risk to the eyes by reason of exposure to excessive light, the 2[State] Government
may by rules require that effective screens or suitable goggles shall be
provided for the protection of persons employed on, or in the immediate
vicinity of the process.

[36. Precautions against dangerous fumes, gases, etc.- (1) No person

shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or
other confined space in any factory in which any gas, fume, vapour 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 or other effective
means of egress.
(2) No person shall be required or allowed to enter any confined space as is
referred to in sub-section (1), until all practicable measures have been taken to
remove any gas, fume, vapour 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,
vapour or dust and unless(a) a certificate in writing has been given by a competent person, based on a test
carried out by himself that the space is reasonably free from dangerous gas,
fume, vapour or dust; or
(b) 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.]
3

1 Subs. for Provincial by Adaptn. of Laws Orders, 1950

2 Subs. for Provincial by Adaptn. of Laws Orders, 1950
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

30

Sec.
[36A. Precautions regarding the use of portable electric light.- In any
factory(a) no portable electric light or any other electric appliance of voltage exceeding
twenty-four volts shall be permitted for use inside any
37
1

chamber, tank, vat, pit, pipe, flue or other confined space

2
[unless adequate safety devices are provided]; and
(b) if any inflammable gas, fume or dust is likely to be present in such chamber,
tank, vat, pit, pipe, flue or other confined space, no lamp or light other than
that of flame-proof construction shall be permitted to be used therein.]

(a)
(b)
(c)
(2)

(3)

(a)

(b)

(c)

37. Explosive or inflammable dust, gas, etc.- (1) Where in any factory any
manufacturing process produces dust, gas, fume or vapour of such character and
to such extent as to be likely to explode on ignition, all practicable measures shall
be taken to prevent any such explosion byeffective enclosure of the plant or machinery used in the process;
removal or prevention of the accumulation of such dust, gas, fume or vapour;
exclusion or effective enclosure of all possible sources of ignition.
Where in any factory the plant or machinery used in a process such as is referred
to in sub-section (1) is not so constructed as to withstand the probable pressure
which such an explosion as aforesaid would produce, all practicable measures
shall be taken to restrict the spread and effect of the explosion by the provisions
in the plant or machinery of chokes, baffles, vents or other effective appliances.
Where any part of the plant or machinery in a factory contains any explosive or
inflammable gas or vapour under pressure greater than atmospheric pressure,
that part shall not be opened except in accordance with the following provisions,
namely:before the fastening of any joint of any pipe connected with the part or the
fastening of the cover of any opening into the part is loosened, any flow of
the gas or vapour into the part of any such pipe shall be effectively stopped
by a stop valve or other means;
before any such fastening as aforesaid is removed, all practicable measures shall
be taken to reduce the pressure of the gas or vapour in the part or pipe to
atmospheric pressure;
where any such fastening as aforesaid has been loosened or removed effective
measures shall be taken to prevent any explosive or inflammable gas or
vapour from entering the part or pipe until the fastening has been secured,
or, as the case may be, securely replaced:
1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
2 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987).

Schedule

The Factories Act, 1948

31

Provided that the provisions of this sub-section shall not apply in the case of
plant or machinery installed in the open air.
(4) No plant, tank or vessel which contains or has contained any explosive or
inflammable substance shall be subjected in any factory to any welding, brazing,
soldering or cutting operation which involves the application of heat unless
adequate measures have first been taken to remove such substance and any
fumes arising therefrom or to render such substance and fumes non-explosive or
non-inflammable, and no such substance shall be allowed to enter such plant,
tank or vessel after any such operation until the metal has cooled sufficiently to
prevent any risk of igniting the substance.
40
(5) The 1[State] Government may by rules exempt, subject to such conditions as may
be prescribed, any factory or class or description of factories from compliance
with all or any of the provisions of this section.
[38. Precautions in case of fire.- (1) In every factory, all practicable
measures shall be taken to prevent outbreak of fire and its spread, both
internally and externally, and to provide and maintainsafe means of escape for all persons in the event of a fire, and (b) the necessary
equipment and facilities for extinguishing fire.
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 routine to be followed in such cases.
The State Government may make rules, in respect of any factory or class or
description of factories, requiring the measures to be adopted to give effect to the
provisions of sub- sections (1) and (2).
Notwithstanding anything contained in clause (a) of sub- section (1) or subsection (2), if the Chief Inspector, having regard to the nature of the work carried
on in any factory, the construction of such factory, special risk to life or safety, or
any other circumstances, is of the opinion that the measures provided in the
factory, whether as prescribed or not, for the purposes of clause (a) of subsection
(1) or sub-section (2), are inadequate, he may, by order in writing, require that
such additional measures as he may consider reasonable and necessary, be
provided in the factory before such date as is specified in the order.]
2

(a)
(2)

(3)

(4)

1 Subs. for Provincial by Adaptn. of Laws Orders, 1950

2 Subs. by Act. 20 of 1987 (w.e.f. 1.12.1987)

32
Sec.
39. Power to require specifications of defective parts or test of stability.- If it
appears to the Inspector that any building or part of a building or any part of the
ways, machinery or plant in a factory is in such a condition that it may be
dangerous to human life or safety, he may serve on 1[the occupier or manager or
both] of the factory an order in writing requiring him before a specified date(a) to furnish such drawings, specifications and other particulars as may be
necessary to determine whether such building, ways, machinery or plant
can be used with safety, or
(b) to carry out such test in such manner as may be specified in the order, and to
inform the Inspector of the results thereof.
40. Safety of buildings and machinery.- (1) If it appears to the Inspector that any
building or part of a building or any part of the ways, machinery or plant in a
factory is in such a condition that it is dangerous to human life or safety, he may
serve on 2[the occupier or manager or both] of the factory an order in writing
specifying the measures which in his opinion should be adopted and requiring
them to be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a
building or any part of the ways, machinery or plant in a factory involves
imminent danger to human life or safety, he may serve on 3[the occupier or 40A
manager or both] of the factory an order in writing prohibiting its use until it has
been properly repaired or altered.
[40A. Maintenance of buildings.- If it appears to the Inspector that any
building or part of a building in a factory is in such a state of disrepair as is likely
to lead to conditions detrimental to the health and welfare of the workers, he may
serve on the occupier or manager or both of the factory an order in writing
specifying the measures which in his opinion should be taken and requiring the
same to be carried out before such date as is specified in the order.
4

40B. Safety Officers.- (1) In every factory,(i) wherein one thousand or more workers are ordinarily employed, or
(ii) wherein, in the opinion of the State Government, any manufacturing process or
operation is carried on, which process or operation involves any risk of
1 Subs. for the manager by Act 94 of 1976 (w.e.f. 26.10.1976)
2 Subs. for the manager by Act 94 of 1976 (w.e.f. 26.10.1976)
3 Subs. for the manager by Act 94 of 1976 (w.e.f. 26.10.1976)
4 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)

Schedule

The Factories Act, 1948

33

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 in
that notification.
(2) The duties, qualifications and conditions of service of Safety Officers shall
be such as may be prescribed by the State Government.]
41. Power to make rule to supplement this Chapter.- The 1[State]
Government may make rules requiring the provision in any factory or in any class
or description of factories of such further 2[devices and measures] for securing
the safety of persons employed therein as it may deem necessary.
3

[CHAPTER IV-A PROVISIONS RELATING TO HAZARDOUS

PROCESSES

(a)
(b)

(c)

(d)

41A. Constitution of Site Appraisal Committees.- (1) The State

Government may, for purposes of advising it to consider applications for grant of
permission for the initial location of a factory involving a hazardous process or for
the expansion of any such factory, appoint a Site Appraisal Committee consisting
ofthe Chief Inspector of the State who shall be its Chairman,
a representative of the Central Board for the Prevention and Control of Water
Pollution appointed by the Central Government under Section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974);
a representative of the Central Board for the Prevention and Control of Air
Pollution referred to in section 3 of the Air (Prevention and Control of
Pollution) Act, 1981(14 of 1981);
a representative of the State Board appointed under section 4 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974);
41B

(e) a representative of the State Board for the Prevention and Control of Air Pollution
referred to in section 5 of the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981);
(f) a representative of the Department of Environment in the State;
1 Subs. for Provincial by Adaptn. of Laws Orders, 1950.
2 Subs. for devices by the Act 94 of 1976 (w.e.f. 26.10.1976.)
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987) except 41- F which became
effective from (w.e.f. 1.6.1988)

34
Sec.
(g) a representative of the Meteorological Department of the Government of India;
(h) an expert in the field of occupational health; and
(i) a representative of the Town Planning Department of the State Government, and
not more than five other members who may be co-opted by the State
Government who shall be(i) a scientist having specialised knowledge of the hazardous process which will be
involved in the factory,
(ii) a representative of the local authority within whose jurisdiction the factory is to
be established, and
(iii) not more than three other persons as deemed fit by the State Government.
(2) The Site Appraisal Committee shall examine an application for the establishment
of a factory involving hazardous process and make its recommendation to the
State Government within a period of ninety days of the receipt of such application
in the prescribed form.
(3) Where any process relates to a factory owned or controlled by the Central
Government or to a corporation or a company owned or controlled by the Central
Government, the State Government shall co-opt in the Site Appraisal Committee
a representative nominated by the Central Government as a member of that
Committee.
(4) The Site Appraisal Committee shall have power to call for any information from
the person making an application for the establishment or expansion of a factory
involving a hazardous process.
(5) Where the State Government has granted approval to an application for the
establishment or expansion of a factory involving hazardous process, it shall not
be necessary for an applicant to obtain a further approval from the Central Board
or the State Board established under the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution)
Act, 1981 (14 of 1981).
41B. Compulsory disclosure of information by the occupier.- (1) The
occupier of every factory involving a hazardous process shall disclose in the
manner prescribed all information regarding dangers, including health hazards
and the measures to overcome such hazards arising from the exposure to or
handling of the materials or substances in the manufacture, transportation,
storage and other processes, to the workers employed in the factory, the Chief
Inspector, the local authority within whose jurisdiction the factory is situate and
the general public in the vicinity.
(2) The occupier shall, at the time of registering the factory involving a hazardous
process, lay down a detailed policy with respect of the health and safety of the
workers employed therein and intimate such policy to the Chief Inspector and the
local authority and, thereafter, at such intervals as may be prescribed, inform the
Chief Inspector and the local authority of any change made in the said policy.

Schedule

The Factories Act, 1948

35

(3) The information furnished under sub-section (1) shall include accurate
information as to the quantity, specifications and other characteristics of wastes
and the manner of their disposal.
41C
(4) Every occupier shall, with the approval of the Chief Inspector, draw up an on site
emergency plan and detailed disaster control measures for his factory and make
known to the workers employed therein and to the general public living in the
vicinity of the factory the safety measures required to be taken in the event of an
accident taking place.
(5) Every occupier of a factory shall,(a) if such factory engaged in a hazardous process on the commencement of the
Factories (Amendment) Act, 1987, within a period of thirty days of such
commencement; and
(b) if such factory proposes to engage in a hazardous process at any time after such
commencement, within a period of thirty days before the commencement of
such process,
inform the Chief Inspector of the nature and details of the process in such form
and in such manner as may be prescribed.
(6) Where any occupier of a factory contravenes the provisions of sub-section (5), the
licence issued under section 6 to such factory shall, notwithstanding any penalty
to which the occupier of factory shall be subjected to under the provisions of this
Act, be liable for cancellation.
(7) The occupier of a factory involving a hazardous process shall, with the previous
approval of the Chief Inspector, lay down measures for the handling, usage,
transportation and storage of hazardous substances inside the factory premises
and the disposal of such substances outside the factory premises and publicise
them in the manner prescribed among the workers and the general public living
in the vicinity.
41C. Specific responsibility of the occupier in relation to hazardous
processes.- Every occupier of a factory involving any hazardous process shall- (a)
maintain accurate and up-to-date health records or, as the case may be, medical
records, of the workers in the factory who are exposed to any chemical, toxic or
any other harmful substances which are manufactured, stored, handled or
transported and such records shall be accessible to the workers subject to such
conditions as may be prescribed;
(b) appoint persons who possess qualifications and experience in handling
hazardous substances and are competent to supervise such handling within
the factory and to provide at the working place all the necessary facilities for
protecting the workers in the manner prescribed:

36

Sec.
Provided that where any question arises as to the qualifications and
experience of a person so appointed, the decision of the Chief Inspector shall be
final;
(c) provide for medical examination of every worker(i) before such worker is assigned to a job involving the
handling of, or working with, a hazardous substance,
and
(ii) while continuing in such job, and after he has ceased to
work in such job, a interval not exceeding twelve
months, in such manner as may be prescribed.
41D. Power of Central Government to appoint Inquiry Committee.- (1)
The Central Government may, in the event of the occurrence of an extraordinary
situation involving a factory engaged in a hazardous process, appoint an Inquiry
Committee to inquire into the standards of health and safety observed in the 41H
factory with a view to finding out the causes of any failure or neglect in the
adoption of any measures or standards prescribed for the health and safety of the
workers employed in the factory or the general public affected, or likely to be
affected, due to such failure or neglect and for the prevention and recurrence of
such extraordinary situations in future in such factory or elsewhere.
(2) The Committee appointed under sub-section (1) shall consist of a Chairman and
two other members and the terms of reference of the Committee and the tenure
of office of its members shall be such as may be determined by the Central
Government according to the requirements of the situation.
(3) The recommendations of the Committee shall be advisory in nature.
41E. Emergency standards.- (1) Where the Central Government is satisfied
that no standards of safety have been prescribed in respect of a hazardous
process or class of hazardous processes, or where the standards so prescribed
are inadequate, it may direct the Director-General of Factory Advice Service and
Labour Institutes or any institution specialised in matters relating to standards of
safety in hazardous processes, to lay down emergency standards for enforcement
of suitable standards in respect of such hazardous processes.
(2) The emergency standards laid down under sub-section (1) shall, until
they are incorporated in the rules made under this Act, be enforceable and have
the same effect as if they had been incorporated in the rules made under this
Act.
41F. Permissible limits of exposure of chemical and toxic substances.(1) The maximum permissible threshold limits of exposure of chemical and toxic
substances in manufacturing processes (whether hazardous or otherwise) in any
factory shall be of the value indicated in the Second Schedule.

Schedule

The Factories Act, 1948

37

(2) The Central Government may, at any time, for the purpose of giving effect
to any scientific proof obtained from specialised institutions or experts in the
field, by notification in the Official Gazette, make suitable changes in the said
Schedule.
41G. Workers' participation in safety management.- (1) The occupier
shall, in every factory where a hazardous process takes place, or where
hazardous substances are used or handled, set up a Safety Committee consisting
of equal number of representatives of workers and management to promote
cooperation between the workers and the management in maintaining proper
safety and health at work and to review periodically the measures taken in that
behalf:
Provided that the State Government may, by order in writing and for reasons
to be recorded, exempt the occupier of any factory or class of factories from
setting up such Committee.
(2) The composition of the Safety Committee, the tenure of office of its
members and their rights and duties shall be such as may be prescribed.
41H. Right of workers to warn about imminent danger.- (1) Where the
workers employed in any factory engaged in a hazardous process have reasonable
apprehension that there is a likelihood of imminent danger to their lives or health
due to any accident, they may bring the same to the notice of the occupier, agent,
manager or any other person who is in charge of the factory or the process
concerned directly or through their representatives in the Safety Committee and
simultaneously bring the same to the notice of the Inspector.
(2) It shall be the duty of such occupier, agent, manager or the person incharge
of the factory or process to take immediate remedial action if he is 42
satisfied about the existence of such imminent danger and send a report
forthwith of the action taken to the nearest Inspector.
(3) If the occupier, agent, manager or the person in charge referred to in subsection (2) is not satisfied about the existence of any imminent danger as
apprehended by the workers, he shall, nevertheless, refer the matter
forthwith to the nearest Inspector whose decision on the question of the
existence of such imminent danger shall be final.
CHAPTER V WELFARE
42. Washing facilities.- (1) In every factory(a) adequate and suitable facilities for washing shall be provided and maintained for
the use of the workers therein;

38
Sec.
(b) separate and adequately screened facilities shall be provided for the use of male
and female workers;
(c) such facilities shall be conveniently accessible and shall be kept clean.
(2) The 1[State] Government may, in respect of any factory or class or
description of factories or of any manufacturing process, prescribe standards of
adequate and suitable facilities for washing.
43. Facilities for storing and drying of wet clothing.- The State Government may
in respect of any factory or class or description of factories, make rules requiring
the provision therein of suitable places for keeping clothing not worn during
working hours and for the drying of wet clothing.
44. Facilities for sitting.- (1) In every factory suitable arrangements for sitting shall
be provided and maintained for all workers obliged to work in a standing position,
in order that they may take advantage of any opportunities for rest which may
occur in the course of their work.
(2) If, in the opinion of the Chief Inspector, the workers in any factory engaged
in a particular manufacturing process or working in a particular room are
able to do their work efficiently in a sitting position, he may, by order in
writing, require the occupier of the factory to provide before a specified date
such seating arrangements as may be practicable for all workers so engaged
or working.
(3) The 2[State] Government may, by notification in the Official Gazette, declare
that the provisions of sub-section (1) shall not apply to any specified factory
or class or description of factories or to any specified manufacturing process.
45. First aid appliances.- (1) There shall in every factory be provided and
maintained so as to be readily accessible during all working hours first-aid boxes
or cupboards equipped with the prescribed contents, and the number of such
boxes or cupboard to be provided and maintained shall not be less than one for
every one hundred and fifty workers ordinarily employed 3[at any one time] in the
factory.
47

1 Subs. for Provincial by Adaptn. of Laws Orders, 1950

2 Subs. for Provincial by Adaptn. of Laws Orders, 1950 3 Ins. by Act
25 of 1954.

Schedule

The Factories Act, 1948

39

[(2) Nothing except the prescribed contents shall be kept in a first-aid box or
cupboard.
(3) Each first-aid box or cupboard shall be kept in the charge of a separate
responsible person 2[who holds a certificate in first-aid treatment recognised by
State Government] and who shall always be readily available during the working
hours of the factory.]
3
[(4) In every factory wherein more than five hundred workers are 4[ordinarily
employed] there shall be provided and maintained an ambulance room of the
prescribed size, containing the prescribed equipment and in the charge of such
medical and nursing staff as may be prescribed 5[and those facilities shall always
be made readily available during the working hours of the factory.]

(a)
(b)
(c)
(d)

46. Canteens.- (1) The 6[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 and maintained by
the occupier for the use of the workers.
(2) Without prejudice to the generality of the foregoing power, such rules may
provide forthe date by which such canteen shall be provided;
the standards in respect of construction, accommodation, furniture and other
equipment of the canteen;
the foodstuffs to be served therein and the charges which may be made therefor;
the constitution of a managing committee for the canteen and representation of
the workers in the management of the canteen;
(dd) 7[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;]
1 Sub-secs.(2) and (3) subs. for the original sub-sec.(2) by Act 25 of
1954.
2 Subs. by Act 94 of 1976 (w.e.f. 26.10.1976)
3 Original sub-sec.(3) renumbered as sub-sec.(4) by Act 94 of 1976
(w.e.f. 26.10.1976).
4 Subs. by Act 94 of 1976 (w.e.f. 26.10.1976)
5 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
6 Subs. for Provincial by Adaptn. of Laws Orders, 17950
7 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)

40
Sec.
(e) the delegation to the Chief Inspector, subject to such conditions as may be
prescribed, of the power to make rules under clause
(c).
47. Shelters, rest rooms and lunch rooms.- (1) In every factory, wherein
more than one hundred and fifty workers are ordinarily employed, adequate and
suitable shelters or rest rooms and a suitable lunch room, with provision for
drinking water, where workers can eat meals brought by them, shall be provided
and maintained for the use of the workers:
Provided that any canteen maintained in accordance with the provisions of
section 46 shall be regarded as part of the requirements of this sub-section:
Provided further that where a lunch room exists no worker shall eat any food
in the workroom.
48
(2) The shelters or rest rooms or lunch rooms to be provided under subsection (1)
shall be sufficiently lighted and ventilated and shall be maintained in a cool
and clean condition.
(3) The 1[State] Government may(a) prescribe the
standards
in
respect of
construction, accommodation, furniture and other equipment of
shelters, rest rooms and lunch rooms to be provided, under this
section;
(b) by notification in the Official Gazette, exempt any factory or class
or description of factories from the requirements of this section.
48. Crches.- (1) In every factory wherein more than 2[thirty women
workers] are ordinarily employed there shall be provided and maintained a
suitable room or rooms for the use of children under the age of six years of such
women.
(2) Such rooms shall provide adequate accommodation, shall be adequately
lighted and ventilated, shall be maintained in a clean and sanitary condition
and shall be under the charge of women trained in the care of children and
infants.
(3) The 3[State] Government may make rules(a) prescribing the location and the standards in respect of construction,
accommodation, furniture and other equipment of rooms to be provided
under this section;
1 Subs. for Provincial by Adaptn. of Laws Orders, 1950
2 Subs. for Fifty women workers by Act 94 of 1976 (w.e.f. 26.10.1976)
3 Subs. for Provincial by Adaptn. of Laws Orders, 1950

Schedule

The Factories Act, 1948

41

(b) requiring the provision in factories to which this section applies of additional
facilities for the care of children belonging to women workers, including
suitable provision of facilities for washing and changing their clothing;
(c) requiring the provision in any factory of free milk or refreshment or both for such
children;
(d) requiring that facilities shall be given in any factory for the mothers of such
children to feed them at the necessary intervals.
49. Welfare officers.- (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.
(2) The 1[State] Government may prescribe the duties, qualifications and
conditions of service of officers employed under sub-section (1).
50. Power to make rules to supplement this Chapter.- The 2[State]
Government may make rules(a) exempting, subject to compliance with such alternative arrangement for the
welfare of workers as may be prescribed, any factory or class or description
of factories from compliance with any of the provisions of this Chapter;
(b) requiring in any factory or class or description of factories that representatives of
the workers employed in the factory shall be associated with the
management of the welfare arrangements of the workers.

1 Subs. for Provincial by Adaptn. of Laws Orders, 1950

2 Subs. for Provincial by Adaptn. of Laws Orders, 1950

42 The Factories Act, 1948

Sec.

55
CHAPTER VI WORKING HOURS OF ADULTS
51. Weekly hours.- No adult worker shall be required or allowed to work in a factory
for more than forty-eight hours in any week.
52. Weekly holidays.- (1) No adult worker shall be required or allowed to work in a
factory on the first day of the week (hereinafter referred to as the said day),
unless(a) he has or will have a holiday for a whole day on one of the three days immediately
before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under
clause (a), whichever is earlier,(i) delivered a notice at the office of the Inspector of his intention
to require the worker to work on the said day and of the day
which is to be substituted, and (ii) displayed a notice to that
effect in the factory:
Provided that no substitution shall be made which will result in any worker
working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the
office of the Inspector and a notice displayed in the factory not later than the day
before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on
the said day and has had a holiday on one of the three days immediately before
it, that said day shall, for the purpose of calculating his weekly hours of work, be
included in the preceding week.
53. Compensatory holidays.- (1) Where, as a result of the passing of an
order or the making of a rule under the provisions of this Act exempting a factory
or the workers therein from the provisions of section 52, a worker is deprived of
any of the weekly holidays for which provision is made in sub-section (1) of that
section, he shall be allowed, within the month in which the holidays were due to
him or within the two months immediately following that month, compensatory
holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays
for which provision is made in sub-section (1) shall be allowed.
54. Daily hours.- Subject to the provisions of section 51, no adult worker shall be
required or allowed to work in a factory for more than nine hours in any day:

Sec.

The Factories Act, 1948

43

[Provided that, subject to the previous approval of the Chief Inspector, the
daily maximum hours specified in this section may be exceeded in order to
facilitate the change of shifts.]
1

55. Intervals for rest.- 2[(1) 3[The periods of work] of adult workers in a factory each
day shall be so fixed that no period shall exceed five hours and that no worker
shall work for more than five hours before he has had an interval for rest of at
half an hour.
56
4

[(2) The State Government or, subject to the control of the State
Government, the Chief Inspector, may, by written order and for the reasons
specified therein, exempt any factory from the provisions of sub- section (1) so
however that the total number of hours worked by a worker without an interval
does not exceed six.]
56. Spread over.- The periods of work of an adult worker in a factory shall be so
arranged that inclusive of his intervals for rest under section 55, they shall not
spread over more than ten and a half hours in any day:
Provided that the Chief Inspector may, for reasons to be specified in writing,
increase the 5[spread over upto twelve hours.]
57. Night shifts.- Where a worker in a factory works on a shift which extends beyond
midnight(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in
his case a period of twenty-four consecutive hours beginning when his shift
ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours
beginning when such shift ends, and the hours he has worked after
midnight shall be counted in the previous day.

1 Proviso added by Act 25 of 1954.

2 S.55 renumbered as sub-sec.(1) by Act 25 of 1954.
3 The period by Act 40 of 1949
4 Sub-sec.(2) of S.55 added by Act 25 of 1954.
5 Subs. by Act 25 of 1954.
Subs. for

44 The Factories Act, 1948

Sec.

58. Prohibition of overlapping shifts.- (1) Work shall not be carried on in any
factory by means of a system of shifts so arranged that emore than one relay of
workers is engaged in work of the same kind at the same time.
1
[(2) The State Government or, subject to the control of the State
Government, the Chief Inspector, may, by written order and for the reasons
specified therein, exempt on such conditions as may be deemed expedient, any
factory or class or description of factories or any department or section of a
factory or any category or description of workers therein from the provisions of
sub-section (1).]
59. Extra wages for overtime.- (1) Where a worker works in a factory for more than
nine hours in any day or for more than forty-eight hours in any week, he shall, in
respect to overtime work, be entitled to wages at the rate of twice his ordinary
rate of wages.
2
[(2) For the purposes of sub-section (1), ordinary rate of wages means the
basic wages plus such allowances, including the cash equivalent of the advantage
accruing through the concessional sale to workers of foodgrains and other
articles, as the worker is for the time being entitled to, but does not include a
bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a 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 preceding the calendar month during which the
overtime work was done, and such time rates shall be deemed to be the ordinary
rates of wages of those workers.
61
Provided that in the case of a worker who has not worked in the immediately
preceding calendar month on the same or identical job, the time rate shall be
deemed to be equivalent to the daily average of the earning of the worker for the
days on which he actually worked in the week in which the overtime work was
done.
Explanation.-For the purposes of this sub-section, in computing the earnings
for the days on which the worker actually worked such allowances, including the
cash equivalent of the advantage accruing through the concessional sale to
workers of foodgrains and other articles, as the worker is for the time being
entitled to, shall be included but any bonus or wages for overtime work payable in
1 Subs. by Act 25 of 1954.
2 Subs. by Act 94 of 1976 (w.e.f. 26.10.1976)

Sec.

The Factories Act, 1948

45

relation to the period with reference to which the earnings are being computed
shall be excluded.]
1
[(4) The cash equivalent of the advantage accruing through the concessional
sale to a worker of foodgrains and other articles shall be computed as often as
may be prescribed on the basis of the maximum quantity of foodgrains and other
articles admissible to a standard family.
Explanation 1.-Standard family means a family consisting of the worker, his
or her spouse and two children below the age of fourteen years requiring in all
three adult consumption units.
Explanation 2.-Adult consumption unit means the consumption unit of a
male above the age of fourteen years; and the consumption unit of a female above
the age of fourteen years and that of a child below the age of fourteen years shall
be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption
unit.
(5) The State Government may make rules prescribing(a) the manner in which the cash equivalent of the advantage
accruing through the concessional sale to a worker of foodgrains
and other articles shall be computed; and
(b) the registers that shall be maintained in a factory for the
purpose of securing compliance with the provisions of this
section.]
60. Restriction on double employment.- No adult worker shall be required or
allowed to work in any factory on any day on which he has already been working
in any other factory, save in such circumstances as may be prescribed.
61. Notice of periods of work for adults.- (1) There shall be displayed and correctly
maintained in every factory in accordance with the provisions of subsection (2) of
section 108, a notice of periods of work for adults, showing clearly for every day
the periods during which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed
beforehand in accordance with the following provisions of this section, and shall
be such that workers working for those periods would not be working in
contravention of any of the provisions of sections 51, 52, 54 2[55, 56 and 58].
(3) Where all the adult workers in a factory are required to work during the same
periods, the manager of the factory shall fix those period for such workers
generally.
(4) Where all the adult workers in a factory are not required to work during the same
periods, the manager of the factory shall classify them into groups
1

Sub-sec.(4) and (5) subs. for the original sub-sec.(4) by Act 25 of 1954
Subs. for

46 The Factories Act, 1948

Sec.

55 and 56 by Act 25 of 1954.

62
according to the nature of their work indicating the number of workers in each
group.
(5) For each group which is not required to work on a system of shifts, the
manager of the factory shall fix the period during which the group may
be required to work.
(6) Where any group is required to work on a system of shifts and the relays
are not to be subject to predetermined periodical changes of shifts, the
manager of the factory shall fix the periods during which each relay of
the group may be required to work.
(7) Where any group is to work on a system of shifts and the relays are to be
subject to predetermined periodical changes of shifts, the manager of the
factory shall draw up a scheme of shifts where under the periods during
which any relay of the group may be required to work and the relay which
will be working at any time of the day shall be known for any day.
(8) The 1[State] Government may prescribe forms of the notice required by
sub-section (1) and the manner in which it shall be maintained.
(9) In the case of a factory beginning work after the commencement of this
Act, a copy of the notice referred to in sub-section (1) shall be sent in
duplicate to the Inspector before the day on which work is begun in the
factory.
(10) Any proposed change in the system of work in any factory which will
necessitate a change in the notice referred to in sub- section (1) shall be
notified to the inspector in duplicate before the change is made, and
except with the previous sanction of the Inspector, no such change shall
be made until one week has elapsed since the last change.

(a)
(b)
(c)
(d)
(e)

62. Register of adult workers.- (1) The manager of every factory shall
maintain a register of adult workers, to be available to the Inspector at all
times during working hours, or when any work is being carried on in the
factory, showingthe name of each adult worker in the factory;
the nature of his work;
the group, if any, in which he is included;
where his group works on shifts, the relay to which he is allotted; and
such other particulars as may be prescribed:

1 Subs. for Provincial by Adaptn. of Laws Orders, 1950

Sec.

The Factories Act, 1948

47

Provided that, if the Inspector is of opinion that any muster roll or register
maintained as a part of the routine of a factory gives in respect of any or all the
workers in the factory the particulars required under this section, he may, by
order in writing direct that such muster roll or register shall to the corresponding
extent be maintained in place of, and be treated as, the register of adult workers
in that factory.
1
[(1A) No adult worker shall be required or allowed to work in any factory
unless his name and other particulars have been entered in the register of adult
workers.]
(2) The 2[State] Government may prescribe the form of the register of adult
workers, the manner in which it shall be maintained and the period for which it
shall be preserved.
64
63. Hours of work to correspond with notice under section 61 and
register under section 62.- No adult worker shall be required or allowed
to work in any factory otherwise than in accordance with the notice of
periods of work for adults displayed in the factory and the entries made
before hand against his name in the register of adult workers of the
factory.
64. Power to make exempting rules.- (1) The 3[State] Government may
make rules defining the persons who holds positions of supervisions or
management or are employed in a confidential position in a factory, 4[or
empowering the Chief Inspector to declare any person, other than a
person defined by such rules, as a person holding position of supervision
or management or employed in a confidential position in a factory if, in
the opinion of the Chief Inspector, such persons holds such position or is
so employed] and the provisions of this Chapter, other than the
provisions of clause (b) of subsection (1) of section 66 and of the proviso
to that sub-section, shall not apply to any person so defined 5[or
declared]:
1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
2 Provincial by Adaptn. of Laws Orders, 1950
3 Subs. for Provincial by Adaptn. of Laws Orders, 1950
4 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
5 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
Subs. for

48 The Factories Act, 1948

Sec.

[Provided that any person so defined or declared shall, where the ordinary
rate of wages of such person 2[does not exceed the wage limit specified in subsection (6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936), as
amended from time to time], be entitled to extra wages in respect of overtime work
under section 59].
(2) The 3[State] Government may make rules in respect of adult workers in
factories providing for the exemption, to such extend and subject to such
conditions as may be prescribedof workers engaged on urgent repairs, from the provisions of sections 51, 52, 54,
55 and 56;
of workers engaged in work in the nature of preparatory or complimentary work
which must necessarily be carried on outside the limits laid down for the
general working of the factory, from the provisions of sections 51, 54, 55 and
56;
of workers engaged in work which is necessarily so intermittent that the intervals
during which they do not work while on duty ordinarily amount to more
than the intervals for rest required by or under section 55, from the
provisions of sections 51, 54, 55 and 56;
of workers engaged in any work which for technical reasons must be carried on
continuously 7[***] from the provisions of sections 51, 52, 54, 55 and 56;
of workers engaged in making or supplying articles of prime necessity which
must be made or supplied every day, from the provisions of 4[Section 51 and
section 52];
64
1

(a)
(b)

(c)

(d)
(e)

(f) of workers engaged in a manufacturing process which cannot be carried on

except during fixed seasons, from the provisions of
5
[Section 51, section 52 and section 54];
(g) of workers engaged in a manufacturing process which cannot be carried on
except at times dependent on the irregular action of natural forces, from the
provisions of Sections 52 and 55;

1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)

2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987.)
3 Subs. for Provincial by Adaptn. of Laws Orders, 1950 7 The words
throughout the day omitted by Act 25 of 1954.
4 section 52 by Act 94 of 1976 (w.e.f. 26.10.1976.)
5 Subs. for section 52 by Act 94 of 1976 (w.e.f. 26.10.1976.)

Sec.

The Factories Act, 1948

49

(h) of workers engaged in a engine-rooms or boiler-houses or in attending to powerplant or transmission machinery, from the provisions of 1[section 51 and
Section 52];
2

[(i) of workers engaged in the printing of newspapers, who are held up

on account of the break down of machinery, from the provisions
of sections 51, 54 and 56];
Explanation.-In this clause the expression newspapers has the meaning
assigned to it in the Press and Registration of Books Act, 1867 (25 of 1867);
(j) of workers engaged in the loading or unloading of railway wagons
3
[or lorries or trucks] from the provisions of sections 51, 52, 54,
55 and 56;
4
[(k) of workers engaged in any work, which is notified by the State
Government in the Official Gazette as a work of national
importance, from the provisions of section 51, section 52, section
54, section 55 and section 56].
(3) Rules made under sub-section (2) providing for any exemption may also
provide for any consequential exemption from the provisions of Section 61 which
the 5[State] Government may deem to be expedient, subject to such conditions as
as it may prescribe.
6
[(4) In making rules under this section, the State Government shall not
exceed, except in respect of exemption under clause (a) of sub-section (2), the
following limits of work inclusive of overtime:(i) the total number of hours of work in any day shall not exceed ten;
(ii) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in
any one day:
Provided that the State Government may, in respect of any or all of the
categories of workers referred to in clause (d) of sub- section (2), make rules
prescribing the circumstances in which, and the conditions subject to which, the
restrictions imposed by clause (i) and clause (ii) shall not apply in order to enable
a shift worker to work the whole or part of a subsequent shift in the absence of a
worker who has failed to report for duty;
1 Subs. by Act 94 of 1976 (w.e.f. 26.10.1976)
2 Cl.(i) and (j) added by Act 25 of 1954
3 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
4 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
5 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
6 Sub-sec.(4) subs. by Act 25 of 1954
Subs. for

50 The Factories Act, 1948

Sec.

[(iii) the total number of hours of work in a week, including overtime,

shall not exceed sixty];
1
[(iv) the total number of hours of overtime shall not exceed fifty for any
one quarter.
662
Explanation.-Quarter means a period of three consecutive months
beginning on the 1st of January, the 1st of April, the 1st of July or the 1st of
October.]
(5) Rules made under this section shall remain in force for not more than
2
[five years.]
65. Power to make exempting orders.- (1) Where the 3[State] Government
is satisfied that, owing to the nature of the work carried on or to other
circumstances, it is unreasonable to require that the periods of work of any adult
workers in any factory or class or description of factories should be fixed
beforehand, it may, by written order, relax or modify the provisions of section 61
in respect of such workers therein, to such extent and in such manner as it may
think fit, and subject to such conditions as it may deem expedient to ensure
control over periods of work.
(2) The 4[State] Government or, subject to the control of the 5[State]
Government, the Chief Inspector, may by written order exempt, on such
conditions as it or he may deem expedient, any or all of the adult workers, in any
factory or group or class or description of factories from any or all of the
provisions of sections 51, 52, 54 and 56 on the ground that the exemption is
required to enable the factory or factories to deal with an exceptional press of
work.
6
[(3) Any exemption granted under sub-section (2) shall be subject to the
following conditions, namely:(i) the total number of hours of work in any day shall not exceed twelve;
1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
2 Cl.(iii) re numbered as Cl.(iv) by Act 94 of 1976 (w.e.f. 26.10.1976) 2
Subs. for three years by Act 94 of 1976 (w.e.f. 26.10.1976).
3 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
4 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
5 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
6 Subs. by Act 25 of 1954

Sec.

The Factories Act, 1948

51

(ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in
any one day;
(iii) the total number of hours of work in any week, including overtime, shall not
exceed sixty;
(iv) no worker shall be allowed to work overtime, for more than seven days at a
stretch and the total number of hours of overtime work in any quarter shall
not exceed seventy-five.
Explanation.-In this sub-section quarter has the same meaning as in
subsection (4) of section 64.]
(4) 1[***]
66. Further restrictions on employment of women.- (1) The provisions of
this Chapter shall, in their application to women in factories, be supplemented by
the following further restrictions, namely:(a) no exemption from the provisions of section 54 may be granted in respect of any
woman;
(b) no woman shall be 2[required or allowed to work in any factory] except between
the hours of 6 a.m. and 7 p.m.
67
Provided that the 3[State] Government may, by notification in the Official
Gazette in respect of 4[any factory or group or class or description of factories],
vary the limits laid down in clause (b), but so that no such variation shall
authorise the employment of any woman between the hours of 10 p.m. and 5
a.m.;
5
[(c) there shall be no change of shifts except after a weekly holiday or any
other holiday.]
(2) The 6[State] Government may make rules providing for the exemption from the
restrictions set out in sub-section (1), to such extent and subject to such
conditions as it may prescribe, of women working in fish curing or fish canning
1 Sub-sec.(4) omitted by Act 25 of 1954 (w.e.f. 26-10-1976).
2 employed in any factory by Act 94 of 1976 (w.e.f. 26.10.1976)
3 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
4 Subs. for any class or description of factories by the Adaptn. of Laws
Orders, 1950.
5 Cl.(c) ins. by Act 25 of 1954
6 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
Subs. for

52 The Factories Act, 1948

Sec.

factories, where the employment of women beyond the hours specified in the said
restrictions is necessary to prevent damage to, or deterioration in, any raw
material.
(3) The rules made under sub-section (2) shall remain in force for not more than
three years at a time.

CHAPTER VII EMPLOYMENT OF YOUNG PERSONS

67. Prohibition of employment of young children.-No child who has not completed
his fourteenth year shall be required or allowed to work in any factory.
68. Non-adult workers to carry tokens.- A child who has completed his fourteenth
year or an adolescent shall not be required or allowed to work in any factory
unless(a) a certificate of fitness granted with reference to him under section 69 is in the
custody of the manager of the factory, and
(b) such child or adolescent carries while he is at work a token giving a reference to
such certificate.
69. Certificates of fitness.- (1) A certifying surgeon shall, on the application of any
young person or his parent or guardian accompanied by a document signed by a
manager of a factory that such person will be employed therein if certified to be
fit for work in a factory, or on the application of the manager of the factory in
which any young person wishes to work, examine such person and ascertain his
fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person, in
the prescribed form, or may renew(a) a certificate of fitness to work in a factory as a child, if he is satisfied that the
young person has completed his fourteenth year, that he has attained the
prescribed physical standards and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the
young person has completed his fifteenth year, and is fit for full day's work in
a factory:
Provided that unless the certifying surgeon has personal knowledge of the
place where the young person proposes to work and of the manufacturing 71
process in which he will be employed, he shall not grant or renew a certificate
under this sub-section until he has examined such place.
(3) A certificate of fitness granted or renewed under sub-section (2)(a) shall be valid only for a period of twelve months from the date thereof;

Sec.

The Factories Act, 1948

53

(b) may be made subject to conditions in regard to the nature of the work in which
the young person may be employed, or requiring re-examination of the
young person before the expiry of the period of twelve months.
(4) A certifying surgeon shall revoke any certificate granted or renewed under subsection (2) if in his opinion the holder of it is no longer fit to work in the capacity
stated therein in a factory.
(5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate
of the kind requested or revokes a certificate, he shall, if so requested by any
person who could have applied for the certificate, or the renewal thereof, state his
reasons in writing for so doing.
(6) Where a certificate under this section, with reference to any young person is
granted or renewed subject to such conditions as are referred to in clause (b) of
sub-section (3), the young person shall not be required or allowed to work in any
factory except in accordance with those conditions.
(7) Any fee payable for a certificate under this section shall be paid by the occupier
and shall not be recoverable from the young person, his parents or guardian.
70. Effect of certificate of fitness granted to adolescent.- (1) An
adolescent who has been granted a certificate of fitness to work in a factory as an
adult under clause (b) of sub-section (2) of section 69 and who while at work in a
factory carries a token giving reference to the certificate, shall be deemed to be an
adult for all the purposes of Chapters VI and VII;
1
[***]
2

[(1A) No female adolescent or male adolescent who has attained the age of
seventeen years but who has been granted a certificate of fitness to work in a
factory as an adult, shall be required or allowed to work in any factory except
between 6 a.m. and 7 p.m.:
Provided that the State Government may, by notification in the Official
Gazette, in respect of any factory or group or class or description of factories,(i) vary the limits laid down in this sub-section so, however, that no such section
shall authorise the employment of any female adolescent between 10 p.m.
and 5 a.m.;
(ii) grant exemption from the provisions of this sub- section in case of serious
emergency where national interest is involved.
(2) An adolescent who has not been granted a certificate of fitness to work in
a factory as an adult under the aforesaid clause (b) shall, notwithstanding his
age, be deemed to be a child for all the purposes of this Act.
1 Omitted by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
Subs. for

54 The Factories Act, 1948

Sec.

71. Working hours for children.- (1) No child shall be employed or

permitted to work, in any factory(a) for more than four and a half hours in any day;
72
1

[(b) during the night.

Explanation.-For the purposes of this sub-section night shall mean a
period of at least twelve consecutive hours which shall include the interval
between 10 p.m. and 6 a.m.]
(2) The period of work of all children employed in a factory shall be limited to two
shifts which shall not overlap or spread over more than five hours each; and each
child shall be employed in only one of the relays which shall not except with the
previous permission in writing of the Chief Inspector, be changed more frequently
than once in a period of thirty days.
(3) The provisions of section 52 shall apply also to child workers, and no exemption
from the provisions of that section may be granted in respect of any child.
(4) No child shall be required or allowed to work in any factory on any day on which
he has already been working in another factory.
2
[(5) No female child shall be required or allowed to work in any factory
except between 8 a.m. and 7 p.m.]
72. Notice of periods of work for children.- (1) There shall be displayed
and correctly maintained in every factory in which children are employed in
accordance with the provisions of sub- section (2) of section 108 a notice of
periods of work for children, showing clearly for every day the periods during
which children may be required or allowed to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed
beforehand in accordance with the methods laid down for adult workers in
section 61, and shall be such that children working for those periods would not
be in contravention of the provisions of section 71.
(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to
the notice required by sub-section (1) of this section.
73. Register of child workers.- (1) The manager of every factory in which
children are employed shall maintain a register of child workers, to be available to
the Inspector at all times during working hours or when any work is being
carried on in a factory showing1 Subs. by Act 25 of 1954
2 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)

Sec.

(a)
(b)
(c)
(d)
(e)

The Factories Act, 1948

55

the name of each child worker in the factory,

the nature of his work,
the group, if any, in which he is included,
where his group works on shifts, the relay to which he is allotted, and
the number of his certificate of fitness granted under section 69.
1
[(1A) No child worker shall be required or allowed to work in any factory
unless his name and other particulars have been entered in the register of child
workers.]
(2) The 2[State] Government may prescribe the form of the register of child
workers, manner in which it shall be maintained and the period for which it shall
be preserved.
78

74. Hours of work to correspond with notice under section 72 and register
under section 73.- No child shall be employed in any factory otherwise than in
accordance with the notice of periods of work of children displayed in the factory
and the entries made before hand against his name in the register of child
workers of the factory.
75. Power to require medical examination.- Where an Inspector is of the opinion(a) that any person working in a factory without a certificate of fitness is a young
person, or
(b) that a young person working in a factory with a certificate of fitness is no longer
fit to work in the capacity stated therein,he may serve on the manager of the factory a notice requiring that such person
or young person, as the case may be, shall be, examined by a certifying surgeon,
and such person or young person shall not, if the Inspector so directs, be
employed, or permitted to work, in any factory until he has been so examined and
has been granted a certificate of fitness or a fresh certificate of fitness, as the
case may be, under section 69, or has been certified by the certifying surgeon
examining him not to be a young person.

1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)

2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
Subs. for

56 The Factories Act, 1948

Sec.

76. Power to make rules.- The 1[State] Government may make rules- (a) prescribing
the forms of certificate of fitness to be granted under section 69, providing for the
grant of duplicates in the event of loss of the original certificates, and fixing the
fees which may be charged for such certificates and renewals thereof and such
duplicates;
(b) prescribing the physical standards to be attained by children and adolescents
working in factories;
(c) regulating the procedure of certifying surgeons under this Chapter;
(d) specifying other duties which certifying surgeons may be required to perform in
connection with the employment of young persons in factories and fixing the
fees which may be charged for such duties and the persons by whom they
shall be payable.
77. Certain other provisions of law not barred.-The provisions of this Chapter shall
be in addition to, and not in derogation of, the provisions of the Employment of
Children Act, 1938 (26 of 1938)
2

[CHAPTER VIII ANNUAL LEAVE WITH WAGES

78. Application of Chapter.- (1) The provisions of this Chapter shall not
operate to the prejudice to any right to which a worker may be entitled under any
other law or under the terms of any award 2[agreement (including settlement)] or
contract of service:
4
[Provided that if such award agreement (including settlement) or contract of
service provides for a longer annual leave with wages than provided in this
Chapter, the quantum of leave, which the worker shall be entitled to, shall be in
79
accordance with such award, agreement or contract of service, but in relation to
matters not provided for in such award, agreement or contract of service or
matters which are provided for less favourably therein, the provisions of sections
79 to 82 so far as may be, shall apply.]
(2) The provisions of this Chapter shall not apply to workers 3[in any factory]
of any railway administered by the Government, who are governed by leave rules
approved by the Central Government.
1 Subs. for Provincial by the Adaptn. of Laws Orders, 1950. 2 Chapter
VIII (secs.78 to 84) subs. by Act 25 of 1954
2 Subs. for agreement by Act 94 of 1976 (w.e.f. 26.10.1976) 4 Proviso
subs. by Act 94 of 1976 (w.e.f. 26.10.1976).
3 Subs. for in any workshop by Act 94 of 1976 (w.e.f. 26.10.1976)

Sec.

(i)
(ii)

(a)
(b)
(c)

The Factories Act, 1948

57

79. Annual leave with wages.- (1) Every worker who has worked for a
period of 240 days or more in a factory during a calendar year shall be allowed
during the subsequent calendar year leave with wages for a number of days
calculated at the rate ofif an adult, one day for every twenty days of work performed by him during the
previous calendar year;
if a child, one day for every fifteen days of work performed by him during the
previous calendar year.
Explanation 1.-For the purpose of this sub-sectionany days of lay-off, by agreement or contract or as permissible under the
standing orders;
in the case of a female worker, maternity leave for any number of days not
exceeding twelve weeks; and
the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for the
purpose of computation of the period of 240 days or more, but he shall not earn
leave for these days.
Explanation 2.-The leave admissible under this sub-section shall be exclusive
of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate laid down in clause (i) or,
as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of
the total number of days in the remainder of the calendar year.
1
[(3) If a worker is discharged or dismissed from service or quits his
employment or is superannuated or dies while in service, during the course of
the calendar year, he or his heir or nominee, as the case may be, shall be entitled
to wages in lieu of the quantum of leave to which he was entitled immediately
before his discharge, dismissal, quitting of employment, superannuation or death
calculated at the rates specified in sub-section (1), even if he had not worked for
the entire period specified in sub- section (1) or sub-section (2) making him
eligible to avail of such leave, and such payment shall be made(i) where the worker is discharged or dismissed or quits
employment, before the expiry of the second working day from
the date of such discharge, dismissal or quitting; and
(ii) where the worker is superannuated or dies while in service,
before the expiry of two months from the date of such
superannuation or death.]
79
1 Sub-sec.(3) subs. by Act 94 of 1976 (w.e.f. 26.10.1976.)
Subs. for

58 The Factories Act, 1948

Sec.

(4) In calculating leave under this section, fraction of leave of half a day or more shall
be treated as one full day's leave, and fraction of less than half a day shall be
omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed
to him under sub-section (1) (2), as the case may be, any leave not taken by him
shall be added to leave to be allowed to him in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward
to a succeeding year shall not exceed thirty in the case of an adult or forty in the
case of child:
Provided further that a worker, who has applied for leave with wages but has
not been given such leave in accordance with any scheme laid down in
subsections (8) and (9) 1[or in contravention of sub-section (10)] shall be entitled
to carry forward the 2[leave refused] without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less
than fifteen days before the date on which he wishes his leave to begin, to take all
the leave or any portion thereof allowable to him during the calendar year:
Provided that the application shall be made not less than thirty days before
the date on which the worker wishes his leave to begin, if he is employed in public
utility service as defined in clause (n) of section 2 of the Industrial Disputes Act,
1947 (14 of 1947):
Provided further that the number of times in which leave may be taken
during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a
period of illness, he shall be granted such leave even if the application for leave is
not made within the time specified in sub-section (6); and in such a case wages
as administrative under section 81 shall be paid not later than fifteen days, or in
the case of a public utility service not later than thirty days from the date of the
application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of
the factory, in agreement with the Works Committee of the factory constituted
under section 3 of the Industrial Disputes Act, 1947 (14 of 1947) or a similar
Committee constituted under any other Act or if there is no such Works
Committee or a similar Committee in the factory in agreement with the
representatives of the workers therein chosen in the prescribed manner, may
lodge with Chief Inspector a scheme in writing whereby the grant of leave
allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous
and convenient places in the factory and shall be in force for a period of twelve
months from the date on which it comes into force, and may thereafter be
1 Subs. for in sub-secs.(8) and (9) by Act 94 of 1976 (w.e.f. 26.10.1976)
2 unavailed leave by Act 94 of 1976 (w.e.f. 26.10.1976).

Sec.

The Factories Act, 1948

59

renewed with or without modification for a further period of twelve months at a

time, by the manager in agreement with the Works Committee or a similar
Committee, or as the case may be, in agreement with the representatives of the
workers as specified in sub-section (8), and a notice of renewal shall be sent to
the Chief Inspector before it is renewed.
80
(10) An application for leave which does not contravene the provisions of sub-section
(6) shall not be refused unless refusal is in accordance with the subscheme for
the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker is entitled to leave under section (1) or sub-section
(2) as the case may be, is terminated by the occupier before he has taken the
entire leave to which he is entitled, or if having his applied for and having not
been granted such leave, the worker quits his employment before he has taken
the leave, the occupier of the factory shall pay him the amount payable under
section 80 in respect of the leave not taken, and such payment shall be made,
where the employment of the worker is terminated by the occupier, before the
expiry of the second working day after such termination and where a worker who
quits the employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in
computing the period of any notice required to be given before discharge or
dismissal.
80. Wages during leave period.- (1) For the leave allowed to him under
[section 78 or section 79, as the case may be], a worker 2[shall be entitled to
wages] at a rate equal to the daily average of his total full time earnings for the
days on which 3[he actually worked] during the month immediately proceeding
his leave, exclusive of any overtime and bonus but inclusive of dearness
allowance and the cash equivalent of the advantage accruing through the
concessional sale to the worker of foodgrains and other articles:
4
[Provided that in the case of a worker who has not worked on any day
during the calendar month immediately preceding his leave, he shall be paid at a
rate equal to the daily average of his total full time earnings for the days on which
he actually worked during the last calendar month proceeding his leave, in which
he actually worked, exclusive of any overtime and bonus but inclusive of dearness
1

1 Subs. for section 79 by Act 94 of 1976 (w.e.f. 20.10.1976)

2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987.)
3 Subs. for he worked by Act 20 of 1987 (w.e.f. 1.12.1987).
4 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987.)
Subs. for

60 The Factories Act, 1948

Sec.

allowance and the cash equivalent of the advantage accruing through the
concessional sale to the workers of foodgrains and other articles.]
(2) The cash equivalent of the advantage accruing through the concessional sale
to the worker of foodgrains and other articles shall be computed as often as
may be prescribed on the basis of the maximum quantity of foodgrains and
other articles admissible to a standard family.
Explanation 1.- `Standard family' means a family consisting of worker, his or
her spouse and two children below the age of fourteen years requiring in all three
adult consumption units.
Explanation 2.-`Adult consumption unit' means the consumption unit of a
male above the age of fourteen years and the consumption unit of a female above
the age of fourteen years and that of a child below the age of fourteen years shall
be calculated at the rates of 0.8 and 0.6 respectively of one adult, consumption
unit.
(3) The 1[State] Government may make rules prescribing85
(a) the manner in which the cash equivalent of the advantage
accruing through the concessional sale to a worker of foodgrains
and other articles shall be computed; and
(b) the registers that shall be maintained in a factory for the
purpose of securing compliance with the provisions of this
section.
81. Payment in advance in certain cases.- A worker who has been allowed leave for
not less than four days in the case of adult, and five days in the case of a child
shall before his leave begins, be paid the wages due for the period of the leave
allowed.
82. Mode of recovery of unpaid wages.- Any sum required to be paid by an
employer under this Chapter but not paid by him shall be recoverable as delayed
wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936).
83. Power to make rules.- The 2[State] Government may make rules directing
managers of factories to keep registers containing such particulars as may be
prescribed and requiring the registers to be made available for examination by
Inspector.
1 Provincial
2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.

Sec.

The Factories Act, 1948

61

84. Power to exempt factories.- Where the 1[State] Government is satisfied that the
leave rules applicable to workers in a factory provided benefits which in its
opinion are not less favourable than those for which this Chapter makes
provisions if may by written order exempt the factory from all or any of the
provisions of this Chapter subject to such conditions as may be specified in the
order.
2
[Explanation.-For the purposes of this section, in deciding whether the
benefits which are provided for by any leave rules are less favourable than those
for which this Chapter makes provision, or not, the totality of the benefits shall be
taken into account.]
CHAPTER IX SPECIAL PROVISIONS
85. Power to apply the Act to certain premises.- (1) The 3[State]
Government may by notification in the Official Gazette, declare that all or any of
the provisions of the Act shall apply to any place wherein a manufacturing
process is carried on with or without the aid of power or is so ordinarily carried
on notwithstanding that(i) the number of persons employed therein is less than ten, if working with the aid
of power and less than twenty if working without the aid of power, or
(ii) the persons working therein are not employed by the owner thereof but are
working with the permission of, or under agreement with, such owner:
Provided that the manufacturing process is not being carried on by the
owner only with the aid of his family.
86
(2) After a place is so declared it shall be deemed to be a factory for the
purpose of this Act, and the owner shall be deemed to be the occupier, and any
person working therein, a worker.
Explanation.-For the purposes of this section `owner' shall include a lessee or
mortgagee with possession of the premises.
86. Power to exempt public institutions.- The 4[State] Government may exempt,
subject to such conditions as it may consider necessary, any workshop or
1 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
2 Explanation ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
3 Provincial
4 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
Subs. for

62 The Factories Act, 1948

Sec.

workplace where a manufacturing process is carried on and which is attached to

a public institution maintained for the purposes of education, 1[training research]
or reformation, from all or any of the provisions of this Act:
Provided that no exemption shall be granted from the provisions relating to
hours of work and holidays, unless the persons having the control of the
institution submit for the approval of the 2[State] Government a scheme for the
regulation of the hours of employment, intervals for meals and holidays of the
persons employed in or attending the institution or who are inmates of the
institution, and the 3[State] Government is satisfied that the provisions of the
scheme are not less favourable than the corresponding provisions of this Act.
87. Dangerous operations.- Where the 4[State] Government is of opinion that any
5
[manufacturing process or operation] carried on in a factory exposes any
persons employed in it to a serious risk of bodily injury, poisoning or disease, it
may make rules applicable to any factory or class or description of factories in
which the 6[manufacturing process or operation] is carried on(a) specifying the 7[manufacturing process or operation] and declaring it to be
dangerous;
(b) prohibiting or restricting the employment of women, adolescents or children in
the 8[manufacturing process or operation;]
(c) providing for the periodical medical examination of persons employed, or seeking
to be employed, in the 9[manufacturing process or operation] and prohibiting
the employment of persons not certified as fit for such employment 10[and

1 Subs. for training by Act 94 of 1976 (w.e.f. 26.10.1976)

2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
3 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
4 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
5 Subs. for operation by the Adaptn. of Laws Orders, 1950.
6 Subs. for operation by the Adaptn. of Laws Orders, 1950.
7 Subs. for operation by the Adaptn. of Laws Orders, 1950.
8 Subs. for operation by the Adaptn. of Laws Orders, 1950.
9 Subs. for operation by the Adaptn. of Laws Orders, 1950.
10 Ins. by the Adaptn. of Laws Orders, 1950.

Sec.

The Factories Act, 1948

63

requiring the payment by the occupier of the factory of fees for such medical
examination;]
(d) providing for the protection of all persons employed in the
1
[manufacturing process or operation] or in the vicinity of the
places where it is carried on;
88
(e) prohibiting, restricting or controlling the use of any specified materials or process
in connection with the 2[manufacturing process or operation;]
3
[(f) requiring the provision of additional welfare amenities and sanitary
facilities and the supply of protective equipment and clothing,
and laying down the standards thereof, having regard to the
dangerous nature of the manufacturing process or operation;]
4
(g)
[***]
[87A. Power to prohibit employment on account of serious hazard.-(1)
Where it appears to the Inspector that conditions in a factory or part thereof are
such that they may cause serious hazard by way of injury or death to the persons
employed therein or to the general public in the vicinity, he may, by order in
writing to the occupier of the factory, state the particulars in respect of which he
considers the factory or part thereof to be the cause of such serious hazard and
prohibit such occupier from employing any person in the factory or any part
thereof other than the minimum number of persons necessary to attend to the
minimum tasks till the hazard is removed.
(2) Any order issued by the Inspector under sub-section (1) shall have effect for a
period of three days until extended by the Chief Inspector by a subsequent order.
(3) Any person aggrieved by an order of the Inspector under sub- section (1), and
Chief Inspector under sub-section (2) shall have the right to appeal to the High
Court.
(4) Any person whose employment has been affected by an order issued under subsection (1), shall be entitled to wages and other benefits and it shall be the duty
of the occupier to provide alternative employment to him wherever possible and
in the manner prescribed.
5

1 operation
2 Subs. for operation by the Adaptn. of Laws Orders, 1950.
3 Cls.(f) ins. by the Adaptn. of Laws Orders, 1950.
4 Del. by Act 20 of 1987 (w.e.f. 1.12.1987)
5 Ins. by Act 20 of 1987 and sec.87-A ins. by the same Act.
Subs. for

64 The Factories Act, 1948

Sec.

(5) The provisions of sub-section (4) shall be without prejudice to the rights of the
parties under the Industrial Disputes Act, 1947 (14 of 1947).]
88. Notice of certain accidents.- 1[(1)] Where in any factory an accident
occurs which causes death or which causes any bodily injury by reason of which
the person injured is prevented from working for a period of forty eight hours or
more immediately following the accident or which is of such nature as may be
prescribed in this behalf the manager of the factory shall send notice thereof to
such authorities and in such form and within such time as may be prescribed.
6
[(2) Where a notice given under sub-section (1) relates to an accident
causing death, the authority to whom the notice is sent shall make an inquiry
into the occurrence within one month of the receipt of the notice, or if such
authority is not the Inspector cause the Inspector to make an inquiry within the
said period.
88A
(3) The 2[State] Government may make rules for regulating the procedure at
inquiries under this section.]
[88A. Notice of certain dangerous occurrences.-Where in a factory any
dangerous occurrence of such nature as may be prescribed occurs, whether
causing any bodily injury or disability or not, the manager of the factory shall
sent notice thereof to such authorities, and in such form and within such time as
may be prescribed.]
3

89. Notice of certain diseases.-(1) Where any worker in a factory contacts

any disease specified in 4[the third schedule], the manager of the factory shall
send a notice thereof to such authorities, and in such form and within such time,
as may be prescribed.
(2) If any medical practitioner attends on a person who is or has been employed in a
factory and who is or is believed by the medical practitioner to be suffering from
any disease specified in 5[the third schedule], the medical practitioner shall
without delay send a report in writing to the office of the Chief
1 Sec.88 re numbered as sub- sec.(1) by Act 94 of 1976 (w.e.f.
26.10.1976.) 6 Sub-secs.(2) and (3) ins. by Act 94 of 1976.
2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950.
3 Sec.88-A ins. by the Adaptn. of Laws Orders, 1950.
4 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

Sec.

(a)
(b)
(c)
(3)

(4)

The Factories Act, 1948

65

Inspector statingthe name and full postal address of the patient,

the disease from which he believes the patient to be suffering, and
the name and address of the factory in which the patient is or was last employed.
Where the report under sub-section (2) is confirmed to the satisfaction of the
Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the
person is suffering from a disease specified in 1[the third schedule], he shall pay
to the medical practitioner such fees as may be prescribed, and the fee so paid
shall be recoverable as an arrear of land revenue from the occupier of the factory
in which the person contracted the disease.
If any medical practitioner fails to comply with the provisions of subsection (2),
he shall be punishable with fine which may extend to 2[one thousand rupees].
3
[(5) The Central Government may, by notification in the Official Gazette, add
to or alter the Third Schedule and any such addition or alteration shall have
effect as if it had been made by this Act.]
90. Power to direct enquiry into cases of accident or disease.- (1) The
[State] Government may, if it considers it expedient so to do, appoint a competent
person to inquire into the causes of any accident occurring in a factory or into
any case where a disease specified in the 9[third] Schedule has been or is
suspected to have been contracted in a factory, and may also appoint 91A
4

one or more persons possessing legal or special knowledge to act an assessors in

such inquiry.
(2) The person appointed to hold an inquiry under this section shall have all the
powers of Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the
purposes of enforcing the attendance of witnesses and compelling the production
of documents and material objects, and may also, so far as may be necessary for
the purposes of the inquiry, exercise any of the powers of an Inspector under this
Act, and every person required by the person making the inquiry to furnish any
information shall be deemed to be legally bound so to do within the meaning of
section 176 of the Indian Penal Code (45 of 1860).
5 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
1 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Subs. for Provincial by the Adaptn. of Laws Orders, 1950. 9 Subs.
by Act 20 of 1987 (w.e.f. 1.12.1987)
Subs. for

66 The Factories Act, 1948

Sec.

(3) The person holding an inquiry under this section shall make a report to the
1
[State] Government stating the causes of the accident, or as the case may be,
disease, and any attendant circumstances, and adding any observations which
he or any of the assessors may think fit to make.
(4) The 2[State] Government may, if it thinks fit, cause to be published any report
made under this section or any extracts therefrom.
(5) The 3[State] Government may make rules for regulating the procedure at inquiries
under this section.

(a)
(b)
(2)

(3)
(4)
(a)
(b)
(c)
(5)

91. Power to take samples.- (1) An Inspector may at any time during the
normal working hours of a factory, after informing the occupier or manager of the
factory or other person for the time being purporting to be in charge of the
factory, taken in the manner hereinafter provided a sufficient sample of any
substance used or intended to be used in the factory, such use being
in the belief of the Inspector in contravention of any of the provisions of this Act
or the rules made thereunder, or
in the opinion of the Inspector likely to cause bodily injury to, or injury to the
health of workers in the factory.
Where the Inspector takes a sample under sub-section (1), he shall, in the
presence of the person informed under that sub- section unless such person
wilfully absents himself, divide the sample into three portions and effectively seal
and suitably mark them, and shall permit such person to add his own seal and
mark thereto.
The person informed as aforesaid shall, if the Inspector so requires, provide the
appliance for dividing, sealing and marking the sample taken under this section.
The Inspector shallforthwith give one portion of the sample to the person informed under subsection (1);
forthwith send the second portion to a Government Analyst for analysis and
report thereon;
retain the third portion for production to the Court before which proceedings, if
any, are instituted in respect of the substance.
Any document purporting to be a report under the hand of any Government
Analyst upon any substance submitted to him for analysis and report under this
section, may be used as evidence in any proceeding instituted in respect of the
substance.
1 Subs. for Provincial by the Adaptn. of Laws Orders, 1950
2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950
3 Subs. for Provincial by the Adaptn. of Laws Orders, 1950

Sec.

The Factories Act, 1948

67

91A
[91A. Safety and occupational health surveys.- (1) The Chief Inspector, or
the Director-General of Factory Advice Service and Labour Institutes or the
Director-General or Health Services, to the Government of India, or such other
officer as may be authorised in this behalf by the State Government or the Chief
Inspector or the Director-General of Factory Advice Service and Labour Institutes
or the Director-General of Health Services may, at any time during the normal
working hours of a factory or at any other time as is found by him to be
necessary, after giving notice in writing to the occupier or manager of the factory
or any other person who for the time being purports to be in charge of the factory,
undertake safety and occupational health surveys and such occupier or manager
or other person shall afford all facilities for such survey, including facilities for
the examination and testing of plant and machinery and collection of samples
and other data relevant to the survey.
(2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if
so required by the person conducting the survey, present himself to undergo
such medical examination as may be considered necessary by such person and
furnish all information in his possession and relevant to the survey.
(3) Any time spent by a worker for undergoing medical examination or furnishing
information under sub-section (2), shall, for the purpose of calculating wages and
extra wages for overtime work, be deemed to be time during which such workers
worked in the factory.]
2
[Explanation.- For the purpose of this section, the report if any, submitted to
the State Government by the person conducting the survey under sub-section
(1) shall be deemed to be a report submitted by an Inspector under this Act.]
1

CHAPTER X PENALTIES AND PROCEDURE

92. General penalty for offences.- Save as otherwise expressly provided in
this Act and subject to the provisions of section 93, if in, or in respect of any
factory there is any contravention of any of the provisions of this Act or of any
rule made thereunder or of any order in writing given thereunder, the occupier
and manager of the factory shall each be guilty of an offence and punishable with
imprisonment for a term which may extend to 2[two years] or with fine which may
extend to 3[one lakh rupees] or with both and if the contravention is continued
1 Sec.91-A ins. by Act 94 of 1976 (w.e.f. 26.10.1976) 2 Ins. by Act 20 of
1987 (w.e.f. 1.12.1987).
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
Subs. for

68 The Factories Act, 1948

Sec.

after conviction, with a further fine which may extend to 1 [one thousand rupees]
for each day on which the contravention is so continued:
6
[Provided that where contravention of any of the provisions of Chapter IV or
any rule made thereunder or under section 87 has resulted in an accident
causing death or serious bodily injury, the fine shall not be less than 7[twentyfive
thousand rupees] in the case of an accident causing death, and 2[five thousand
rupees] in the case of an accident causing serious bodily injury.
Explanation.-In this section and in section 94 serious bodily injury means
an injury which involves, or in all probability will involve, the permanent loss of
93
the use of, or permanent injury to, any limb or the permanent loss, of, or, injury
to, sight or hearing, or the fracture of any bone, but shall not include the fracture
of bone or joint (not being fracture of more than one bone or joint) of any
phalanges of the hand or foot.]
[93. Liability of owner of premises in certain circumstances.- (1) Where
in any premises separate buildings are leased 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
roads, drainage, water supply, lighting and sanitation.
(2) The Chief Inspector shall have, subject to the control of the State Government
power to issue orders to the owner of the premises in respect for the carrying out
the provisions of sub-section (1).
(3) Where in any premises, independent or self-contained, floors or flats are leased to
different occupiers for use as separate factories, the owner of the premises shall
be liable as if he were the occupier or manager of a factory, of 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;
3

1 Subs. by Act 20 of 1987 (w.e.f 1.12.1987) 6 Ins. by Act 94 of 1976

(w.e.f. 26.10.1976) 7 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Sec.93 subs. by Act 25 of 1954

Sec.

The Factories Act, 1948

69

(v) maintenance of hoists and lifts; and

(vi) maintenance of any other common facilities provided in the premises.
(4) The Chief Inspector shall have, subject to the control of the State Government
power to issue orders to the owner of the premises in respect of carrying out the
provisions of sub-section (3).
(5) The provisions of sub-section (3) relating to the liability of the owner shall apply
where in any premises independent rooms with common latrines, urinals and
washing facilities are leased to different occupiers for use as separate factories:
Provided that the owner shall be responsible also for complying with the
requirements relating to the provisions and maintenance of latrines, urinals and
washing facilities.
(6) The Chief Inspector shall have, subject to the control of the State Government,
the power to issue order to the owner of the premises referred to in sub-section
(5) in respect of the carrying out the provisions of section 46 or section 48.
(7) Where in any premises portions or room or a shed are leased to different
occupiers for use as separate factories, the owner of the premises shall be liable
for any contravention of the provisions of(i) Chapter III, except sections 14 and 15;
(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:
94
Provided that in respect of the provisions of sections 21, 24 and 32 the
owner's liability shall be only in so far as such provisions relate to things under
his control:
Provided further that the occupier shall be responsible for complying with
the provisions of Chapter IV in respect of plant and machinery belonging to or
supplied by him.
(iii) Section 42.
(8) The Chief Inspector shall have, subject to the control of the State Government
power to issue orders to the owner of the premises in respect of the carrying out
of the provisions of sub-section (7).
(9) In respect of sub-sections (5) and (7) while computing for the purposes of any of
the provisions of this Act the total number of workers employed, the whole of the
premises shall be deemed to be a single factory.]
94. Enhanced penalty after previous conviction.- 1[(1) If any person who has been
convicted of any offence punishable under section 92 is again guilty of an offence
involving a contravention of the same provisions he shall be punishable on a
subsequent conviction with imprisonment for a term which may extend to 2[three
years] or with fine 3[which shall not be less than 4[ten thousand rupees] but
which may extend to 5[two lakh rupees] or with both:
Subs. for

70 The Factories Act, 1948

Sec.

[Provided that the court may, for any adequate and special reasons to be
mentioned in the judgment impose a fine of less than 7[ten thousand rupees:]
Provided further that where contravention of any of the provisions of Chapter
IV or any rule made thereunder or under section 87 has resulted in an accident
causing death or serious bodily injury, the fine shall not be less than 8[thirty-five
thousand rupees] in the case of an accident causing death and 9[ten thousand
rupees] in the case of an accident causing serious bodily injury.]
10
[(2) For the purposes of sub-section (1), no cognizance shall be taken of any
conviction made more than two years before the commission of the offence for
which the person is subsequently being convicted.]
95. Penalty for obstructing Inspector.- Whoever wilfully obstructs an Inspector in
the exercise of any power conferred on him by or under this Act or fails to
produce on demand by an Inspector any registers or other documents in his
custody kept in pursuance of this Act or of any rules made thereunder or
conceals or prevents any worker in a factory from appearing before, or being
examined by an Inspector, shall be punishable with imprisonment for a term

1
2
3

Sec.94 renumbered as sub-sec.(1) by Act 94 of 1976 (w.e.f. 26.10.1976)

Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
Subs. for which may extend to one thousand rupees by Act 20 of 1987 (w.e.f.
1.12.1987).
4 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
5 Subs. for which may extend to one thousand rupees by Act 20 of 1987 (w.e.f.
1.12.1987).
6 Proviso subs. by Act 20 of 1987 (w.e.f. 1.12.1987).
7 Subs. for which may extend to one thousand rupees by Act 20 of 1987 (w.e.f.
1.12.1987).
8 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
9 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
10 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)

99
which may extend to 1[six months] or with fine which may extend to
thousand rupees] or with both.

1 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)

[ten

Sec.

The Factories Act, 1948

71

96. Penalty for wrongfully disclosing results of analysis under section

91.- Whoever, except in so far as it may be necessary for the purposes of a
prosecution for any offence punishable under this Act, publishes or discloses to
any person the results of an analysis made under section 91, shall be punishable
with imprisonment for a term which may extend to 1[six months] or with fine
which may extend to 2[ten thousand rupees] or with both.
[96A. Penalty for contravention of the provisions of Sections 41B, 41C

41C and 41H.- (1) Whoever fails to comply with or contravenes any of the
provisions of sections 41B, 41C or 41H or the rules made thereunder, shall, in
respect of such failure or contravention, be punishable with imprisonment for a
term which may extend to seven years and with fine which may extend to two
lakh rupees, and 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.
(2) If the failure or contravention referred to in sub-section (1) continues
beyond a period of one year after the date of conviction, the offender shall be
punishable with imprisonment for a term which may extend to ten years.]
97. Offences by workers.- (1) Subject to the provisions of section 111, if any
worker employed in a factory contravenes any provision of this Act or any rules or
orders made thereunder, imposing any duty or liability on workers he shall be
punishable with fine which may extend to 4[five hundred rupees].
(2) Where a worker is convicted of an offence punishable under sub-section
(1) the occupier or manager of the factory shall not be deemed to be guilty of an
offence in respect of that contravention, unless it is proved that he failed to take
all reasonable measures for its prevention.
98. Penalty for using false certificates of fitness.- Whoever knowingly
uses or attempts to use, as a certificate of fitness granted to himself
under section 70, a certificate granted to another person under that
section, or who having procured such a certificate, knowingly allows it
1 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
Subs. for

72 The Factories Act, 1948

Sec.

to be used, or an attempt to use it to be made, by another person,

shall be punishable with imprisonment for a term which may extend to
1
[two months] or with fine which may extend to 2[one thousand rupees]
or with both.
99. Penalty for permitting double employment of child.- If a child
works in a factory on any day on which he has already been working in
another factory the parent or guardian of the child or the person
having custody of or control over him or obtaining any direct benefit
from his wages, shall be punishable with 100
fine which may extend to 3[one thousand rupees], unless it appears to the Court
that the child so worked without the consent or connivance of such parent,
guardian or person.
100.

101.

Exemption of occupier or manager from liability in certain

[***]

cases.Where the occupier or manager of a factory is charged with an

offence punishable under this Act, he shall be entitled, upon
complaint duly made by him and on giving to the prosecutor not less
than three clear days' notice in writing of his intention so to do, to
have any other person whom he charges as the actual offender
brought before the Court at the time appointed for hearing the charge;
and if, after the commission of the offence has been proved, the
occupier or manager of the factory, as the case may be, proves to the
satisfaction of the Court(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his
knowledge, consent or connivance,that other person shall be convicted of the offence and shall be liable to like
punishment as if he were the occupier or manager of the factory, and the
1 Subs. for one month by the Factories (Amendment) Act, 1987, w.e.f.
1-12-1987.
2 Subs. for fifty rupees, by the Factories (Amendment) Act, 1987,
w.e.f. 1-12-1987.
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Del. by Act 20 of 1987 (w.e.f. 1.12.1987)

Sec.

The Factories Act, 1948

73

occupier or manager, as the case may be, shall be discharged from any liability
under this Act in respect of such offence:
Provided that in seeking to prove as aforesaid, the occupier or manager of
the factory, as the case may be, examined on oath and his evidence and that of
any witness whom he calls in his support shall be subject to cross-examination
on behalf of the person he charges as the actual offender and by the prosecutor:
Provided further that, if the person charged as the actual offender by the
occupier or manager cannot be brought before the Court at the time appointed
for hearing the charge, the Court shall adjourn the hearing from time to time for
a period not exceeding three months and if by the end of the said period the
person charged as the actual offender cannot still be brought before the Court,
the Court shall proceed to hear the charge against the occupier or manager and
shall, if the offence be proved, convict the occupier or manager.
102. Power of Court to make orders.- (1) Where the occupier or manager of
a factory is convicted of an offence punishable under this Act the Court may, in
addition to awarding any punishment, by order in writing require him within a
period specified in the order (which the Court may, if it thinks fit and on
application in such behalf, from time to time extend) to take such measures as
may be so specified for remedying the matters in respect of which the offence was
committed.
(2) Where an order is made under sub-section (1), the occupier or manager
of the factory, as the case may be, shall not be liable under this Act in respect of
the continuation of the offence during the period or extended period if any,
allowed by the Court, but if, on the expiry of such period or extended period as
the case may be, the order of the Court has not been fully complied with the
occupier or manager, as the case may be, shall be deemed to have committed a
further offence, and may be sentenced therefore by the Court to undergo 106
imprisonment for a term which may extend to six months or to pay a fine which
may extend to one hundred rupees for every day after such expiry on which the
order has not been complied with, or both to undergo such imprisonment and to
pay fine, as aforesaid.
103. Presumption as to employment.- If a person is found in a factory at
any time, except during intervals for meals or rest, when work is going on or the
machinery is in motion, he shall until the contrary is proved be deemed for the
purposes of this Act and the rules made thereunder to have been at that time
employed in the factory.

Subs. for

74 The Factories Act, 1948

Sec.

[104. Onus as to age.- (1) When any act or omission would, if a person were
under a certain age, be an offence punishable under this Act, and such person is
in the opinion of the Court prima facie under such age, the burden shall be on
the accused to prove that such person is not under such age.
(2) A declaration in writing by a certifying surgeon relating to a worker that
he has personally examined him and believes him to be under the age stated in
such declaration shall, for the purposes of this Act and the rules thereunder, be
admissible as evidence of the age of that worker.
1

104A. Onus of proving limits of what is practicable, etc.- In any

proceeding for an offence for the contravention of any provision of this Act or
rules made thereunder consisting of a failure to comply with a duty or
requirement to do something, it shall be for the person who is alleged to have
failed to comply with such duty or requirement, to prove that it was not
reasonably practicable, or, as the case may be, all practicable measures were
taken to satisfy the duty or requirement.]
105. Cognizance of offences.- (1) 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.
(2) No Court below that of a 2Presidency Magistrate or of a 3Magistrate or of
the first class try any offence punishable under this Act.
106. Limitation of prosecutions.- No Court shall take cognizance of any
offence punishable under this Act unless complaint thereof is made within three
months of the date on which the alleged commission of the offence came to the
knowledge of an Inspector:
Provided that where the offence consists of disobeying a written order made
by an Inspector, complaint thereof may be made within six months of the date on
which the offence is alleged to have been committed.
4
[Explanation.-For the purposes of this section1 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Now a Metropolitan Magistrate or a Judicial Magistrate of the first
class (Criminal Procedure Code, 1973)
3 Now a Metropolitan Magistrate or a Judicial Magistrate of the first
class (Criminal Procedure Code, 1973)
4 Explanation ins. by Act 94 of 1976 (w.e.f. 26.10.1976)

Sec.

The Factories Act, 1948

75

(a) in the case of a continuing offence, the period of limitation shall be computed
with reference to every point of time during which the offence continues;
106A
(b) where for the performance of any act time is granted or extend on an application
made by the occupier or manager of a factory the period of limitation shall
be computed from the date on which the time so granted or extended
expired.]
[106A. Jurisdiction of a court for entertaining proceedings, etc. for

offence.- For the purposes of conferring jurisdiction on any court in relation to

an offence under this Act or the rules made thereunder in connection with the
operation of any plant, the place where the plant is for the time being situate
shall be deemed to be the place where such offence has been committed.]
CHAPTER XI
SUPPLEMENTAL
107. Appeals.- (1) The manager of a factory on whom an order in writing by
an Inspector has been served under the provisions of this Act or the occupier of
the factory may, within thirty days of the service of the order, appeal against it to
the prescribed authority, and such authority may, subject to rules made in this
behalf by the 2[State] Government, confirm, modify or reverse the order.
(2) Subject to rules made in this behalf by the 3[State] Government (which may
prescribe classes of appeals which shall not be heard with the aid of assessors),
the appellate authority may, or if so required in the petition of appeal shall, hear
the appeal with the aid of assessors, one of whom shall be appointed by the
appellate authority and the order by such body representing the industry
concerned as may be prescribed:
Provided that if no assessor is appointed by such body before the time fixed
for hearing the appeal, or if the assessor so appointed fails to attend hearing at
such time, the appellate authority may, unless satisfied that the failure to attend
is due to sufficient cause, proceed to hear the appeal without the aid of such
assessor or if it thinks fit, without the aid of any assessor.

1 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)

2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950
3 Subs. for Provincial by the Adaptn. of Laws Orders, 1950
Subs. for

76 The Factories Act, 1948

Sec.

(3) Subject to such rules as the 1[State] Government may make in this behalf and
subject to such conditions as to partial compliance or the adoption of temporary
measures as the appellate authority may in any case think fit to impose, the
appellate authority may, if it thinks fit suspend the order appealed against
pending the decision of the appeal.
108. Display of notices.- (1) In addition to the notices required to be
displayed in any factory by or under this Act, there shall be displayed in every
factory a notice containing such abstracts of this Act and of rules made
thereunder as may be prescribed and also the name and address of the Inspector
and the Certifying Surgeon.
(2) All notices required by or under this Act to be displayed in a factory shall be in
English and in language understood by the majority of the workers in the factory,
and shall be displayed at some conspicuous and convenient place at or near the
main entrance to the factory, and shall be maintained in a clean and legible
condition.
(3) The Chief Inspector may, by order in writing served on the manager of any
factory, require that there shall be displayed in the factory any other notice or
poster relating to the health, safety or welfare of the workers in the factory.
115

109.
Service of notices.- The 2[State] Government may make rules
prescribing the manner of the service of orders under this Act on owners,
occupiers or managers of factories.
110.
Returns.- The 3[State] Government may make rules requiring owners,
occupiers or managers of factories to submit such returns, occasional or
periodical, as may in its opinion be required for the purposes of this Act.
111.
Obligations of workers.- (1) No worker in a factory(a) shall wilfully interfere with or misuse any appliance, convenience or other thing
provided in a factory for the purposes of securing the health, safety or
welfare of the workers therein;

1 Subs. for Provincial by the Adaptn. of Laws Orders, 1950

2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950
3 The Subs. for Provincial by the Adaptn. of Laws Orders, 1950

Sec.

The Factories Act, 1948

77

(b) shall wilfully and without reasonable cause to do anything likely to endanger
himself or others; and
(c) shall wilfully neglect to make use of any appliance or other thing provided in the
factory for the purposes of securing the health or safety of the workers
therein.
(2) If any worker employed in a factory contravenes any of the provisions of
this section or of any rule or order made thereunder, he shall be punishable with
imprisonment for a term which may extend to three months, or with fine which
may extend to one hundred rupees, or with both.
[111A. Right of workers, etc.- Every worker shall have the right to(i) obtain from the occupier, information relating to workers' health and safety at
work,
(ii) get trained within the factory wherever possible or, to get himself sponsored by
the occupier for getting trained at a training centre or institute, duly
approved by the Chief Inspector, where training is imparted for workers'
health and safety work,
(iii) represent to the Inspector directly or through his representative in the matter of
inadequate provision for protection of his health or safety in the factory.]
1

112.
General power to make rules.- The 2[State] Government may make rules
providing for any matter which, under any of the provisions of this Act, is to be or
may be prescribed or which may be considered expedient in order to give effect to
the purposes of this Act.
113.
Powers of Centre to give directions.- The Central Government may give
directions to a 3[State] Government to the carrying into execution of the
provisions of this Act.
114.
No charge for facilities and conveniences.- Subject to the provisions of
section 46 no fee or charge shall be realised from any worker in respect of any
arrangements of facilities to be provided, or any equipments or appliances to be
supplied by the occupier under the provisions of this Act.
The Factories Act, 1948
1 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Subs. for Provincial by the Adaptn. of Laws Orders, 1950
3 Subs. for Provincial by the Adaptn. of Laws Orders, 1950
Subs. for

115

78 The Factories Act, 1948

Sec.

115.
Publication of rules.- 1[(1) All rules made under this Act shall be
published in the Official Gazette, and shall be subject to the condition of
previous publication; and the date to be specified under clause (3) of section 23
of the General Clauses Act, 1897 (10 of 1897), shall be not less than 2[forty five
days] from the date on which the draft of the proposed rules was published.
3
[(2) Every rule made by the State Government under this Act shall be laid,
as soon as may be after it is made, before the State Legislature.]
116.
Application of Act to Government factories.- Unless otherwise
provided this Act shall apply to factories belonging to the Central or any State
Government.
117.
Protection to persons acting under this Act.- No suit, prosecution or
other legal proceeding shall lie against any person for anything which is in good
faith done or intended to be done under this Act.
118.
Restriction on disclosures of information.- (1) No Inspector shall while
in service or after leaving the service, disclose otherwise than in connection with
the execution, or for the purpose of this Act, any information relating to any
manufacturing or commercial business or any working process which may come
to his knowledge in the course of his official duties.
(2) Nothing in sub-section (1) shall apply to any disclosure of information made with
the previous consent in writing of the owner of such business or process or the
purposes of any legal proceeding (including arbitration) pursuant to this Act or of
any criminal proceeding which may be taken, whether pursuant to this Act or
otherwise, or for the purposes of any report of such proceedings as aforesaid.
(3) If any Inspector contravenes the provisions of sub-section (1) shall be punishable
with imprisonment for a term which may extend to six months or with fine which
may extend to one thousand rupees, or with both.

1 Renumbered by Act 20 of 1987 (w.e.f. 1.12.1987)

2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)

Sec.

The Factories Act, 1948

79

[118A. Restriction on disclosure of information.- (1) Every Inspector

shall treat as confidential the source of any complaint brought to his notice on
the breach of any provision of this Act.
(2) No inspector shall, while making an inspection under this Act, disclose to
the occupier, manager or his representative that the inspection is made in
pursuance of the receipt of a complaint:
Provided that nothing in this sub-section shall apply to any case in which
the person who has made the complaint has consented to disclose his name.]
1

[119. Act to have effect notwithstanding anything contained in Act 37

37 of 1970.- The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in the Contract of Labour (Regulation
and Abolition) Act, 1970 3[or any other law for the time being in force.]
120. Repeal and savings.- The enactments set out in the Table appended to
this section are hereby repealed:
Provided that anything done under the said enactments which could have
been done under this Act if it had then been in force shall be deemed to have
been done under this Act.
Schedule

[THE FIRST SCHEDULE [SEE SECTION 2 (CB)] LIST OF

INDUSTRIES INVOLVING HAZARDOUS PROCESSES

1. Ferrous Metallurgical Industries
Integrated Iron and Steel
Ferrow-alloys
Special Steels
2. Non-ferrous metallurgical Industries
Primary Metallurgical Industries, namely, zinc, lead, copper, manganese and
aluminium
3. Foundries (ferrous and non-ferrous)
Castings and forgings including cleaning or smotherning/
roughening by sand and shot blasting
1 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 Original sec.119 was repealed by Act 35 of 1950. The present sec.119
ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Ins. by Act 20 of 1987, sec. 45 (w.e.f. 1-12-1987).
Subs. for

80 The Factories Act, 1948

Sec.

4. Coal (including coke) industries - Coal , Lignite, Coke, etc.

Fuel Gases (including Coal Gas, Producer Gas, Water Gas)
5. Power Generating Industries
6. Pulp and paper (including paper products) industries
7. Fertiliser Industries
Nitrogenous
Phosphatic
Mixed
8. Cement Industries
-Portland Cement (including slag cement, puzzolona cement and their
products)
9. Petroleum Industries
Oil Refining
Lubricating Oils and Greases
10. Petro-chemical Industries
11. Drugs and Pharmaceutical Industries
Narcotics, Drugs and Pharmaceuticals
12. Fermentation Industries (Distilleries and Breweries)
13. Rubber (Synthetic) Industries
14. Paints and Pigment Industries
15. Leather Tanning Industries
16. Electro-plating Industries
17. Chemical Industries
Coke Oven by-products and Coaltar Distillation products
Industrial Gases (nitrogen, oxygen, acetylene, argon, carbondioxide, hydrogen,
sulphurdioxide, nitrous oxide, halogenated hydrocarbon, ozone, etc.)
Industrial Carbon
Alkalies and Acids
Chromates and dichromates - Leads and its compound
Electrochemicals (metallic sodium, potassium and magnesium, chlorates,
perchlorates and peroxides)
Electrothermal produces (artificial abrasive, calcium carbide)
Nitrogenous compounds (cyanides, cyanamides and other
nitrogenous compounds) -Phosphorous
and its compounds
Halogens and Halogenated compounds (Chlorine, Flourine, Bromine and Iodine
Explosives (including industrial explosives and detonators and fuses)
18. Insecticides, Fungicides, Herbicides and other Pesticides Industries
19. Synthetic Resin and plastics
20. Man-made Fibre (Cellulosic and non-cellulosic) Industry
21. Manufacture and repair of electrical accumulators

Sec.

The Factories Act, 1948

81

22.
23.
24.
25.
26.

Glass and Ceramics

Grinding or glaxing of metals
Manufacture, handling and processing of asbestos and its products
Extraction of oils and fats from vegetable and animal sources
Manufacture, handling and use of benzene and substances containing
benzene
27. Manufacturing processes and operations involving carbon disulphide
28. Dyes and Dyestuff including their intermediates 29. Highly flammable
liquids and gases

[THE SECOND SCHEDULE] (SEE SECTION 41F) PERMISSIBLE

LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK

ENVIRONMENT
Substance

Permissible limits of exposure

Sr.

Time

No.

Weighted
average
Concentration

Short-term
exposure
limit (STEL)
(15 min.)*

(TWA) (8 hrs.)
1

ppm

mg/m3

ppm

mg/m3

Acetaldehyde

100

180

150

270

Acetic Acid

10

25

15

37

Acetone

750

1780

1000

2375

Acrolein

0.1

0.25

0.3

0.8

Acrylonitrile-skin (S.C.)

.2

4.5

Aldrin-skin

0.25

Allylchloride

Ammonia

25

18

35

27

Aniline-skin

10

10

Anisidine (o-P, isomers)-skin

0.1

0.5

Substance

Permissible limits of exposure

1 Subs. by S.O. 170 (E), dated 2nd March, 1989.

Subs. for

82 The Factories Act, 1948

Sec.

Sr.

Time

No.

Weighted
average
Concentration

Short-term
exposure
limit (STEL)
(15 min.)*

(TWA) (8 hrs.)
ppm

mg/m3

ppm

mg/m3

11

Arsenic & soluble compounds (as As)

0.002

Benzene (HC)

05

1.5

25

7.5]

13

Beryllium & Compound (as Be) (S.C.)

0.002

14

Boronon Trifluoride-C

0.1

0.3

15

Bromine

0.1

0.7

0.3

16

Butane

800

1900

17

2-Butanone (Methyl-ethyle Ketone-

200

590

300

885

1
[12

MEK)
18

n-Butyl acetate

150

710

200

950

19

n-Butyl alcohol-skin C

50

150

20

sec/tert.Butyl acetate

200

950

21

Butyl Mercaptan

0.5

1.5

22

Cadmium Dust and salts (as Cd)

0.05

23

Calcium oxide

24

Carbaryl (sevin)

25

Carbofuran (Furadan)

0.1

26

Carbon-disulphide-skin

10

30

27

Carbon monoxide

50

55

400

440

28

Carbon tetrachloride-skin (S.C.)

30

29

Chloridane-skin

0.5

30

Chlorine

31

Chlorobenzene (monochlorobenzene)

75

350

32

Chloroform (S.C.)

10

50

33

bis-Chloromethyl ether (H.C.)

0.001

0.005

34

Chromic acid and chromates (as Cr)

0.05

1 Subs. by S.O. 342 (E), dated 19th April, 2001 (w.e.f. 19-4-2001).

Sec.

The Factories Act, 1948

83

(Water Soluble)
35

Chromous Salts (as Cr)

0.05

36

Copper fume

0.2

37

Cotton dust, raw

38

0.2

Cresol, all isomers-skin

22

39

Cyanides (as CN)-skin

40

Cyanogen

10

20

Substance

Permissible limits of exposure

Sr.

Time

No.

Weighted
average
Concentration

Short-term
exposure
limit (STEL)
(15 min.)*

(TWA) (8 hrs.)
ppm

mg/m3

ppm

mg/m3

41

DDT (Dichlorodiphenyl trichlorothane)

42

Demeron-skin

0.01

0.1

43

Diazinon-skin

0.1

44

Dibutyl Pythalate

45

Dichiorvos (DDVP)-skin

0.1

46

Dieldrin-skin

0.25

47

Dinitrobenzene (all isomers)-skin

0.15

48

Dinitrotoluene-skin

1.5

49

Diophenyl (Biphenyl)

0.2

1.5

50

Endosulfan (Thiadon)-skin

0.1

51

Endrin skin

0.1

52

Ethyl acetate

400

1400

1 Lint-free dust as measured by the vertical clutricator cotton-dust

sampler.
2 Lint-free dust as measured by the vertical clutricator cotton-dust
sampler.
Subs. for

84 The Factories Act, 1948

53

Ethyl alcohol

54

Ethylamine

55

Sec.

1000

1900

10

18

Fluorides (as F)

2.5

56

Flourine

57

Formaldehyde (S.C.)

1.0

1.5

58

Formic acid

59

Gasoline

300

900

500

1500

60

Hydrazine-skin (S.C.)

0.1

0.1

61

Hydrogen Chloride-C

62

Hydrogen Cyanide-skin C

10

10

63

Hydrogen Flouride (as F) C

2.5

64

Hydrogen Peroxide

1.5

65

Hydrogen Sulphide

10

14

15

21

66

Iodine-C

0.1

67

Iron Oxide Fume (Fe2O3) (as Fe)

68

Isoamyl acetate

100

525

69

Isoamyl alcohol

100

360

125

450

70

Isobutyl alcohol

50

150

71

Lead, inorg dusts and fumes (as Pb)

0.15

72

Lindane-skin

0.5

73

Malathion-skin

10

74

Manganese dust and compounds (as

Mn)-C

Substance

Permissible limits of exposure

Sr.

Time

No.

Weighted
average
Concentration

Short-term
exposure
limit (STEL)
(15 min.)*

(TWA) (8 hrs.)
1
75

2
Manganese Fume (as Mn)

ppm

mg/m3

ppm

mg/m3

Sec.

76

The Factories Act, 1948

Manganese (as Hg)-Skin-

85

0.01

0.03

(ii) All forms except alkyl vapour

0.05

(iii) Aryl and inorganic compounds

0.1

200

260

250

310

(i) Alkyl compounds

77

Methyl alcohol(Methanol)-Skin

78

Methyl Cellosolve- (2 Methoxy ethanol)

Skin

16

79

Methylisobutyl Ketone-skin

50

205

75

300

80

Methyl Isocyanate-Skin

0.02

0.05

81

Naphthalene

10

50

15

75

82

Nickel carbonyl (as Ni)

0.05

0.35

83

Nitric acid

10

84

Nitric oxide

25

30

85

Nitrobenzene-skin

10

86

Nitrogen dioxide

10

87

Oil mist, minerals

10

88

Ozone

0.1

0.2

0.3

0.6

89

Parathion-skin

0.1

90

Phenol-skin

19

91

Phorate (Thimet)-skin

0.05

0.2

92

Phosgene (Carbonyl Chloride)

0.1

0.4

93

Phosphine

0.3

0.4

94

Phosphorus acid

95

Phosphorus (yellow)

0.1

96

Phosphorus pentachloride

0.1

97

Phosphorus trichloride

0.2

1.5

0.5

98

Picric acid-skin

0.1

0.3

99

Pyridine

15

100

Silane (silicon tetrahydride)

101

Sodium hydroxide C

C2

102

Syrene, monomer (Phenylethylene)

50

215

100

425

103

Sulphur dioxide

10

104

Sulphur hexafluoride

1000

6000

105

Sulphuric acid

Subs. for

86 The Factories Act, 1948

106

Tetraethyl lead (as Pb)-Skin

Substance

Sec.

0.1

Permissible limits of exposure

Sr.

Time

No.

Weighted
average
Concentration

Short-term
exposure
limit (STEL)
(15 min.)*

(TWA) (8 hrs.)
1

ppm

mg/m3

ppm

mg/m3

100

375

150

560

107

Toluene (Toluol)

108

O-Tuluidinz-skin (S.C.)

109

Tributyl phosphate

0.2

2.5

110

Trichloroethylene

50

270

200

1080

111

Uranium, natural (as U)

0.2

0.6

112

Vinyl chloride (H.C.)

10

113

Welding fumes

114

Xylene (o-,m, P-isomers)

100

435

150

655

115

Zinc oxide
(i) Fume

5.0

10

(ii) Dust (Total dust)

10.0

Zironium compounds (as Zr)

10

116

Ppm Parts of vapour or gas per million parts of contaminated air by volume at
250C and 760 toor (mm of mercury)
MG/M3
Milligram of substance per cubic metre of air
* Not more than 4 times a day with at least 60 min. interval between successive
exposures
**
Molecular weight
mg/m3 _________________ x ppm
24.45
C
denotes ceiling limit
Skin denotes potential contribution to the overall exposure by the cutaneous
route including mucous membranes and eye
S.C.
denotes suspected human carcinogens
H.C.
denotes confirmed human carcinogens.

Sec.

The Factories Act, 1948

Substance

87

Permissible time-weighted average

concentration (TWA) (8 hours)

(i)

Silica
(a) Crystalline
(i) Quartz
(1)

In terms of dust count

10600__mppcm
% Quartz+10

(2)

In terms of respirable dust

10__mg/m3
% respirable quartz + 2

Substance

Permissible time-weighted average

concentration (TWA) (8 hours)

(3)

In terms of total dust

30__ mg/m3
% Quartz + 3

(ii) Cristabalite

Half the limits given against quartz

(iii) Tridymite

Half the limits given against quartz

(iv) Silica fused

Same limit as for quartz

(v) (a) Tripoli

Same limit as in formula in item 2 given against

quartz

(b) Amorphous Silicates

10 mg/m3, Total dust

[Asbestos (H.C.)

(a) Amosite

0.5 fibre/ cc**

(b) Chrystolite

1.0 fibre/ cc**

(c) Crocidolite

0.2 fibre/ cc**

Portland cement

10 mg/m3, Total dust containing less than 1%

quartz

Coal Dust

2 mg/m3, respirable dust fraction containing

less than 5% quartz

Mppcm- Million particles per cubic metre of air based on impinger samples
counted by light-field techniques.

1 Subs. by S.O. 342 (E), dated 19th April, 2001 (w.e.f. 19-4-2001).
Subs. for

88 The Factories Act, 1948

Sec.

*** (i) For fibres greater than 5 um in length and less than 5 um in breadth
with length to breadth ratio equal to or greater than 3:1
(ii) As determined by the membrane filter method at 4000-450x magnification
(4mm objective) phase contrast illumination.]
*As determined by the membrane-filter method at 400-450 x magnification (4
mm objective) phase contrast illumination.
Respirable Dust:
Fraction passing a size-selector with the following characteristics:Aerodynamic Diameter

% passing sector

*(um)
(Unit density sphere)
<2

90

2.5

75

3.5

50

5.0

25

10

0]

[THE THIRD SCHEDULE] [SEE SECTIONS 89 and 90] LIST OF

NOTIFIABLE DISEASES
1. Lead poisoning including poisoning by any preparation or compound of lead or
their sequelae.
2. Lead tetra-ethyl poisoning.
3. Phosphorous poisoning or its sequelae.
4. Mercury poisoning or its sequelae.
5. Manganese poisoning or its sequelae.
6. Arsenic poisoning or its sequelae.
7. Poisoning by nitrous fumes.
8. Carbon bisulphide poisoning.
9. Benzene poisoning, including poisoning by any of its homologues, their nitro or
amido derivatives or its sequelae.
10.Chrome ulceration or its sequelae.
11.Anthrax.
12.Silicosis.
1 The existing Schedule re-numbered by Act 20 of 1987, sec. 46 (w.e.f.
1-12-1987).

Sec.

The Factories Act, 1948

89

13.Poisoning by halogens or halogen derivatives of the hydrocarbons, or the aliphatic

series.
14.Pathological manifestation due to : (a) radium or other radioactive substances. (b) Xrays.
15.Primary epitheliomatous cancer of the skin.
16.Toxic anaemia.
17.Toxic jaundice due to poisonous substances.
1
[18. Oil acne or dermatitis due to mineral oils and compounds containing
mineral oil base.
19.Byssionosis.
20.Asbestosis.
21.Occupational or contact dermatitis caused by direct contract with chemical and
paints. These are of two types, that is, primary irritants and allergic
sensitizers.
22.Noise induced hearing loss (exposure to high noise levels).
2
3
[23. Beryllium poisoning.
[24.
Carbon monoxide poisoning.
25.Coal miners' pnoumoconiosis.
26.Phosgene poisoning.
27.Occupational cancer.
28.Isocyanates poisoning.
29.Toxic nephritis.
------------------------

1 Ins. by Act 94 of 1976, sec. 45 (w.e.f. 26-10-76).

2 Ins. by Act 20 of 1987, sec. 46 (w.e.f. 1-12-1987).
3 Subs. by S.O. 343 (E), dated 19th April, 2001 (w.e.f. 19-4-2001).
Subs. for