Factories Act 1948

Factories Act 1948

In this article, we have covered the Factories Act 1948 in detail. The Act has been broken down in a very simple way to understand the basic structure of the Act. We believe that this is possibly the only article on internet to cover Factories Act 1948 in such a lucid way. So be patient as it will be a lengthy article and scroll down to all the sections. But trust me, all the fear related to the Act will disappear once you start learning the things correct way.

In Brief!

So, if we have to summarize the entire Act in the most simplest way to give you an idea of what is coming below, then simply The Factories Act of 1948 is a piece of legislation in India that regulates labor in factories. It aims to ensure worker safety, health, and welfare. The Act mandates provisions for working conditions, working hours, sanitation, ventilation, and the use of safety measures. It also includes regulations for the employment of women and young persons, ensuring that their work environments are safe and suitable.

CHAPTER-I: Preliminary

  • extends to the whole of India
  • Definitions:
    • (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
    • (c) “child” means a person who has not completed his fifteenth year of age;
    • (d) “young person” means a person who is either a child or an adolescent;
    • (m) “factory” means any premises including the precincts thereof—(i) If a factory has ten or more workers at any time during the past twelve months and uses power for manufacturing, it must follow the rules of the Factories Act.(ii) If a factory has twenty or more workers at any time during the past twelve months and operates without using power, it must comply with the rules of the Factories Act.
  • The occupier must send a notice to the Chief Inspector at least fifteen days before starting to use any premises as a factory.
  • For any establishment newly covered by the Act, the occupier must send a written notice to the Chief Inspector with the required details within thirty days of the Act’s commencement.
  • Before a factory that operates for less than 180 days a year resumes work, the occupier must send a written notice to the Chief Inspector with the required details at least thirty days in advance.
  • Whenever a new manager is appointed, the occupier must send a written notice to the Inspector and a copy to the Chief Inspector within seven days of the manager taking charge.

CHAPTER-II: The Inspecting Staff

Section 7A: General duties of the occupier: 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.

Factories Act 1948 Factories Act 1948 Factories Act 1948 Factories Act 1948 Factories Act 1948

CHAPTER-III: Health

  • Cleanliness

    • Workers must remove dirt and refuse daily from floors, benches, staircases, and passages by sweeping.
    • Workers must clean the floor of every workroom at least once a week by washing.
    • Workers must repaint or revarnish surfaces not painted with washable water-paint at least once every five years.
    • Workers must repaint surfaces with washable water-paint at least once every three years and wash them every six months.

  • Disposal of Wastes and Effluents

    • Every factory must make effective arrangements to treat and safely dispose of wastes and effluents from manufacturing.

  • Ventilation and Temperature

    • Factories must ensure adequate ventilation with fresh air to maintain comfort and prevent health issues.

  • Dust and Fume

    • Factories must take effective measures to prevent the inhalation and accumulation of dust and fumes in workrooms.
    • No stationary internal combustion engine can operate unless the exhaust is directed outside.

  • Artificial Humidification

    • Factories must maintain appropriate humidification levels.

  • Overcrowding

    • Factories built after the Act must provide at least 14.2 cubic meters of space per worker.

  • Lighting

    • Factories must provide and maintain sufficient natural or artificial lighting.

  • Drinking Water

    • All drinking water points must be clearly marked and located at least six meters from any washing place, urinal, or drain.
    • If more than 250 workers are employed, factories must provide cool drinking water during hot weather.

  • Latrines and Urinals

    • Factories must provide enough latrines and urinals for workers at all times.
    • In factories with more than 250 workers, all facilities must meet prescribed sanitary standards.

  • Spittoons

    • Workers must only spit in provided spittoons, and notices about this rule and its penalty must be prominently displayed.
    • Anyone who spits outside of designated spittoons may be fined up to five rupees.

CHAPTER-IV: Safety

  • Fencing of Machinery

    • Securely fence every moving or dangerous part of machinery.

  • Work on or Near Machinery in Motion

    • Only a specially trained adult male worker wearing tight-fitting clothing may work on or near machinery in motion.
    • Do not allow women or young people to clean, lubricate, or adjust any moving parts of machinery.

  • Employment of Young Persons on Dangerous Machines

    • Do not allow young persons to work on dangerous machines unless they are fully trained and instructed.

  • Hoists and Lifts

    • Ensure every hoist and lift is well-constructed, made of sound material, adequately strong, and properly maintained.

  • Lifting Machines, Chains, Ropes, and Lifting Tackles

    • Ensure every chain, rope, and lifting tackle is well-constructed, made of sound material, adequately strong, and properly maintained.

  • Pits, Sumps, Openings in Floors, etc.

    • Securely cover or fence any openings that may pose a danger.

  • Excessive Weights

    • Do not allow any person to lift, carry, or move excessively heavy loads that could cause injury.

  • Explosive or Inflammable Dust, Gas, etc.

    • Take precautions to prevent hazards from explosive or inflammable substances.

  • Precautions in Case of Fire

    • Implement necessary fire safety precautions.

  • Safety of Buildings and Machinery

    • Ensure the safety of all buildings and machinery.

  • Safety Officers

    • In factories with 1,000 or more workers, appoint safety officers.

CHAPTER-IV-A: Provisions relating to Hazardous Processes

The State Government may appoint a Site Appraisal Committee to advise on applications for the initial location or expansion of a factory involving a hazardous process. The committee must make its recommendation within ninety days.

CHAPTER-V: Welfare

  • Washing Facilities

    • Provide washing facilities.

  • Facilities for Storing and Drying Clothing

    • Provide facilities for storing and drying clothing.

  • Facilities for Sitting

    • Provide facilities for sitting.

  • First-Aid Appliances

    • Provide and maintain at least one first-aid box or cupboard for every 150 workers.
    • Provide an ambulance when more than 500 workers are employed.

  • Canteens

    • Provide canteens when there are more than 250 workers.

  • Shelters, Rest Rooms, and Lunch Rooms

    • Provide and maintain adequate shelters or rest rooms and a lunch room when more than 150 workers are employed.

  • Creches

    • Provide creches when there are more than 30 women workers.

  • Welfare Officers

    • Employ the required number of welfare officers when there are 500 or more workers.

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CHAPTER-VI: Working hours of Adults

  • Weekly Hours

    • Do not require or allow any adult worker to work more than forty-eight hours a week.

  • Weekly Holidays

    • Provide weekly holidays for workers.

  • Daily Hours

    • Do not require or allow any adult worker to work more than nine hours a day.

  • Intervals for Rest

    • Ensure no worker works more than five hours without a rest interval of at least half an hour.

  • Spread Over

    • Do not allow the workday to extend beyond ten and a half hours.

  • Night Shifts

    • Regulate night shifts as needed.

  • Prohibition of Overlapping Shifts

    • Prevent overlapping shifts.

  • Extra Wages for Overtime

    • Pay workers twice their ordinary wages for any overtime beyond nine hours a day or forty-eight hours a week.

  • Further Restrictions on Employment of Women

    • Do not require or allow women to work in any factory except between 6 A.M. and 7 P.M.
    • The State Government may allow women to work between 10 P.M. and 5 A.M. through official notification.

CHAPTER-VII: Employment of Young Persons

  • Prohibition of Employment of Young Children

    • Do not employ young children in any factory.

  • Certificates of Fitness

    • Require certificates of fitness for workers.

  • Restrictions on Adolescent Workers

    • Do not allow female adolescents or male adolescents under seventeen years with an adult work certificate to work in a factory except between 6 A.M. and 7 P.M.

  • Working Hours for Children

    • Limit the daily work hours for children to a maximum of four and a half hours.
    • Do not allow a child to work in more than one factory on the same day.
    • Do not allow female children to work in any factory except between 8 A.M. and 7 P.M.

CHAPTER-VIII: Annual leave with wages

  • Annual Leave with Wages

    • Allow every worker who has worked for 240 days or more to take leave with wages.
    • Calculate the number of leave days based on:
      • (i) For adults, one day of leave for every twenty days worked in the previous calendar year.
      • (ii) For children, one day of leave for every fifteen days worked in the previous calendar year.

  • Wages During Leave Period

    • Provide wages to workers during their leave period.

CHAPTER-IX: Special Provisions

  • Power to apply the act to certain premises
  • Power to exempt public institutions.
  • Dangerous operations

CHAPTER-X: Penalties and Procedures

Section 92

General penalty for offences

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

o   if the contravention is continued after conviction, [one thousand rupees] for each day on which the contravention is so continued

 

[93

Liability of owner of premises in certain circumstances

 

Section 94

Enhanced penalty after previous conviction

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

Section  95.

Penalty for obstructing Inspector

imprisonment for a term which may extend to 4 [six months] or with fine which may extend to 5 [ten thousand rupees] or with both

Section 96

. Penalty for wrongfully disclosing results of analysis under section 91

imprisonment for a term which may extend to 6 [six months] or with fine which may extend to 7 [ten thousand rupees] or with both

Section 96A

. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H

h imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees

Section 97

Offences by workers

punishable with fine which may extend to 9 [five hundred rupees

Section 98

Penalty for using false certificate of fitness

imprisonment for a term which may extend to 10[two months] or with fine which may extend to 11[one thousand rupees] or with both

Section 99

Penalty for permitting double employment of child

fine which may extend to 1 [one thousand rupees

Section 102.

Power of Court to make orders

Where the occupier or manager of a factory is convicted of an offence punishable under this Act the Court and the order or 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 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

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