The FACTORIES ACT, 1948

OBJECTIVE OF THE ACT The Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards.

For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conductive to their health and safety. 

COMPLIANCE UNDER THE FACTORIES ACT, 1948

FACTORIES ACT, 1948 A Comprehensive law for the persons working at a

specific domain – factories. Regarded as one of the Benevolent, Noble and a

Comprehensive Labour Legislation which is in force in our country.

Covers significant issues relating to the persons employed in factories.

Secures - Safety

Health

Welfare Regulates - Working Hours

Ensures - Annual leaves with wages

Provides - Additional protection from hazardous

processes

Additional protection to women workmen

Prohibition of employment of

children

FACTORIES ACT, 1948

Series of amendments have been made time and again to increase the scope of the Act.

Road map to the legislation.

Road Map to the Legislation.

• The establishment of cotton mills in Bombay in 1851 followed by the establishment of jute mills in 1855 @ Rishra in Bengal marked the beginning Factory System in India.

• The number of factories grew steadily. During 1872-73, there were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal.

• Conditions in these factories were very gloomy and awful.• First Indian Factories Act, came into force during 1881• Comprehensive Act was enacted immediately after the

independence - under the nomenclature “The Factories Act, 1948”.

• This Act has seen many amendments after the independence.

APPLICABILITY OF THE ACT  At any place wherein manufacturing process is

carried on with or without the aid of power or is so ordinarily carried on, not with standing that:

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 

The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner. 

Unless otherwise provided, the Act is applicable to all Factories viz., Private, State, Central,

Government, Local Bodies etc.,

APPLICABILITY

BENEFICIARIES (Target Group)• Workers employed in the registered factories

“Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process

Workers under the Act, includes1. Permanent 2. Temporary 3. Contract 4. Casual , 5.

Clerical staff 6. Managers, 7. Engineers, 8. Supervisors etc., “Apprentice” under the Apprentice Act, 1961 are not the

workers. However as per Section 14 of the Act – provision of health, safety & welfare are applicable to the said category.

BENEFICIARIES

RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for

implementation of the provisions envisaged in the Act.• OCCUPIER means the person who has got the ultimate

control over the affairs of the factory.• Proprietorship - Proprietor• Partnership - One of the partner• Company - One of the director• State or Central - Persons so nominated by the

Government owned respective governments.

OCCUPIERS RESPONSIBILITY• Shall Ensure, So Far As Is Reasonably Practicable, The Health,

Safety And Welfare Of All Workers While They Are At Work.

• The provision and maintainence of plant & systems of work

• The arrangements in factory for ensuring safety in connection to use, handling, storage and transport of substances

• The provision of such information, instruction, training and supervision as are necessary to ensure the health and safety.

• The maintenance of all places of work in a condition that is safe

• Prepare and revise a written statement of general policy as often as may be appropriate.

INSPECTING STAFF - INSPECTORS

• Act empowers State Government to appoint persons as Inspectors

THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES.

POWERS OF INSPECTORS• He has got the power to enter to any premises (with assistants

or experts) which he has got reason to believe it as a factory

• He can make examinations of the premises, plant and machinery.

• He can direct the occupier to left undisturbed any place till his enquiries are completed.

• He can seize any records, take copies which is required for the purpose of enforcement

• He can take measurements, photographs and make such recordings which are required for enforcement of Law

• He can call for production of any registers or documents pertaining to his duties from the occupier.

Main Provisions under Factories Act

Health Safety Welfare Hazardous ProcessesWorking Hours Of AdultsAnnual Leave With wages

Provisions related to HEALTH Section11 - Cleanliness Section12 - Disposal of wastes and effluents Section13 - Ventilation and temperature Section14 - Dust and fume Section15 - Artificial humidification Section16 - Overcrowding Section17 - Lighting Section18 - Drinking water Section19 - Latrines and urinals Section20 - Spittoons

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HEALTH ISSUESHOUSE KEEPING/CLEANLINESS

• THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM NO.6 - RULE 141

• PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29.• OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU

METER OF SPACE• MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM

SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141

Sl.no Type of coatings Periodicity1 Building is Painted and

varnishedOnce in five years

2 Inside walls is Painted with washable paint

Once in three years

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Internal walls is Lime washed or colour washedDoors, frames, wooden or frame works

Once in 14 months.

Once in 5 years.

Clean work environment

LIGHTING AND

VENTILATION• Minimum 3 foot candles of light, • Fresh circulation of air by ensuring cross

ventilation• Adequate openings, 15% of floor area shall

be kept open for natural ventilation• Mechanical system of ventilation incase of

shortage of windows• Overcrowding – 14.2 cu.meter of space per

person

Sufficient toilet and urinal accommodations - One for every twenty five workmen.

• Toilet accommodations shall be maintained in clean and hygienic conditions.

• Separate facilities for the women workmen.

• Sufficient water facilities shall be available. Pictorial display shall be made. Proper doors and fastening shall be ensured.

• Sweepers shall be employed to keep the facility neat and tidy.

TOILET FACILITIES

Drinking water Adequate drinking water in clean and hygienic conditions

shall be provided and maintained.

• Minimum of 5 liters of water per person.

• Drinking water shall be kept at convenient places.

• If the source of supply is not from the public supply, the water shall be tested for its pot ability from the District Health Officer.

• If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.

SAFETY

• EQUIPMENT SAFETY, • PERSONAL SAFETY• MATERIAL SAFETY• PROCESS SAFETY• PERSONAL PROTECTIVE EQUIPMENT• EXCESSIVE WEIGHTS

GENERAL SAFETY MANAGEMENT INCLUDES

Provisions related to SAFETYSection 21 - Fencing of machinery22 - Work on or near machinery in motion23 - Employment of young persons on dangerous machines.24 - Striking gear and devices for cutting off power25 - Self-acting machines26 - Casing of new machinery27 -

Prohibition of employment of women and children near cotton-openers

28 - Hoists and lifts29 - Lifting machines, chains, ropes and lifting tackles 30 - Revolving machinery31 - Pressure plant

SAFETY Cont… 32 - Floors, stairs and means of access 33 - Pits, sumps openings in floors, etc 34 - Excessive weights 35 - Protection of eyes. 36 - Precautions against dangerous fumes, gases 36A - Precautions regarding the use of portable electric light. 37 - Explosive or inflammable dust, gas, etc 38 - Precautions in case of fire 39 -

Power to require specifications of defective parts or tests of stability 40 - Safety of buildings and machinery 40A - Maintenance of buildings 40B - Safety Officers 41 - Power to make rules to supplement this Chapter

Provisions related to WELFARE 42 - Washing facilities43 - Facilities for storing and drying clothing44 - Facilities for sitting45 - First-aid appliances46 - Canteens 47 - Shelters, rest rooms and lunch rooms 48 - Creches 49 - Welfare officers50 - Power to make rules to supplement this Chapter

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WASHING FACILITIES• Adequate Washing Facilites Shall Be Provided And Maintained For

The Use Of The Workers.• If Female Workers Are Employed Separate Washing Facilities Shall

Be Proivded. The Entrance Should Bear Conspicuous Notice “ For Women Only”

• Water Supply To The Washing Facilities Should Yield At Least 27 Liters Of Water For Each Person.

• If Adequate Water Facility Is Not Available, Exemption Can Be Obtained To Provide 4.5 Litres Of Water Per Person Employed.

CANTEEN• It Is Statutory Welfare Scheme• Applicable To Factories Employing More Than 250• Building Shall Not Be Located Near To Any Toilets, Boiler Room, Coal

Room Or Near Any Process Which Generates Obnoxious Fumes Etc., - Minimum 15 Meters

• Sufficiently Ventilated And Lighted• Lime Washed Once In A Year• If It Is Painted, Repainted Once In Three Years• Precints Shall Be Neat And Tidy At All Times• Dining Hall Shall Accommodate 30% Of The Workmen Working • .93 Square Meter Of Area Shall Be There Per Person• A Portion Shall Be Earmarked For Women Workers In Proportion Of

Their Strength• Washing Place Shall Be Provided.• Sufficient Tables, Chairs Or Benches Shall Be Provided.

SHELTER, RESTROOM AND LUNCH ROOM• This Will Be Applicable If Ordinary Employment Is More Than 150• The Accommodations To Be Provided Should Confirm To The

Standards• Height 3.7 Meters From Floor Level, Area Should Be 1.12 Square

Meter Per Person• Adequate Lighting And Ventilation• Chair Or Benches With Back Rest Arrangement Shall Be Provided• Kept Neat And Tidy At All Times• Washing Facilities And Drinking Water Facilities Shall Be Provided.

CRECHE

• This Will Be Applicable If Ordinary Employment Of Women Is More Than 30

• The Accommodations To Be Provided Should Confirm To The Standards• Height 3.7 Meters From Floor Level, Area Should Be 1.86 Square Meter

Per Child• Adequtae Lighting And Ventilation• Kept Neat And Tidy At All Times• Equipped With Cot, Cradle, Suitable Bedding For Older Children.• Chair/Seating Arrangement For Feeding The Children• Adequate Toys For Older Children• Suitably Fenced Shady Open Air Playground For Older Children

FIRST AID APPLIANCES• First Aid Boxes Or Cupboards Shall Be Distinctively Marked

With A Red Cross On White Background And Contain The Equipment Prescribed.

• Equipped First Aid Boxes Shall Be Kept In Charge Of Persons Trained In The First Aid Treatment.

• First Aider Should Hold Certifictae In First Aid Treatment Recognised By The State Government.

• No. Of First Aid Boxes And Cup Boards Shall Be One For Every 150 Workers.

• A Notice Containing The Names Of The Persons Working In The Factory And Who Are Trained In The First Aid Treatment Shall Be Posted On Or Near The First Aid Boxes Or Cupboards.

Welfare Officer• Statutory appointment• Mandatory incase of workers strength

is more than 500• Separate rules governing duties,

qualification and conditions of service is in force.

PROVISIONS RELATING TO HAZARDOUS PROCESSES

1. Section 41 A: Constitution of site appraisal committees2. Section 41 B: Compulsory disclosure of information by the

occupier3. Section 41 C: Specific responsibilty of the occupier in relation to

hazardous processes4. Section 41 D: Power of Central government to appoint inquiry

committee.5. Section 41 E: Emergency Standards6. Section 41 F: Permissible limits of exposure of chemical and

toxic substances7. Section 41 G: Workers’ participation in safety management.8. Section 41 H: Right of workers to warn about imminent danger.

WORKING HOURS FOR ADULTS 51 - Weekly hours 52 - Weekly holidays 53 - Compensatory holidays 54 - Daily hours 55 - Intervals for rest 56 - Spread over 57 - Night shifts 58 - Prohibition of overlapping shifts 59 - Extra wages for overtime 60 - Restriction on double employment 61 - Notice of periods of work for adults 62 - Register of adult workers 63 -

Hours of work to correspond with notice under section 61 and register under section 62.

WORKING HOURS FOR ADULTSAct regulates the working hours for adult workers employed in the factories• Weekly hours / Daily hours;• Weekly holidays• Interval for rest• Extra wages for overtime• Spread over – 10½ hours – 12 hours• Restriction of double employment• Notice of periods of work – contrary is not

allowed• Power to make exempting orders• Restriction on employment of women

ANNUAL LEAVE WITH WAGESOne day for every twenty daysEligibility :• 240 days in a calendar year – his/her service is

from beginning of the calendar year;• 2/3rd of the calendar year – his/her service

begins in the middle of calendar year• Issue of leave books in Form no. 15• Leave with wages register in Form no. 14• Any discharge / dismissal – benefit shall be

settled immediately.

THANK YOU