Zonal Railway Training Institute, C. Rly.

, Bhusawal

FACTORY ACT 1948 (23rd September 1948)

Introduction:
Factory Act has given effect from 01.01.1949. It regulates the various
obligations that an Occupier has to fulfill in connection with Health,
Welfare, safety, Hours of employment, Leave, O.T., Rest etc.
Applicablity:
This Act applies to all Railway Workshops & Production Units but does not
extended to Loco Sheds & C&W Depots.
Aims & Object :
To protect workers subject to unduly long hours of bodily strain as well as
to make provisions regarding
1.welfare
2.safety
3.health
4.working hours
5.payment of overtime etc
Defination:
FACTORY : Factory means any premises
1. Where 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
2. When twenty or more workers are working or were working on any day
of preceding twelve months and in any part of which a manufacturing
process is being carried on without the aid of power.
MANUFACTURING PROCESS : Means any process for Making,
Altering, Repairing, Ornamenting, Finishing, Packing, Ceiling, Washing,
Cleaning, Breaking up or Adopting any article or substance with a view to
its use, role, transport, delivery or disposal, or
1. Pumping oil, water, sewage or any other substance, or
2. Generating, transforming or transmitting power.

OCCUPIER : Occupier of a factory means the person who has ultimate

control over the affairs of factory. 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.

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Main Provisions :
HEALTH :
1. Every factory shall be kept clean and the floors of every workroom shall
be cleaned at least once in every week.
2. All inside walls and partitions, all ceilings of rooms, sides and tops of
passages and staircases shall be repainted or revarnished at least once in
every period of five years and in other cases, be kept whitewashed, or
color - washed at least once in every period of fourteen months.
3. All doors and windows shall be kept painted at least once in every period
of five years.
II. VENTILATION & TEMPERATURE :
Effective and suitable provision shall be made in every factory for adequate
ventilations and temperature.
III. DUST & FUME : Section 14
In every factory effective measures shall be taken to prevent accumulation of
dust and fume in any workroom and necessary exhaust appliances shall be
applied.
IV. ADRTIFICIAL, HUMIDIFICATION : Section 15
In respect of all factories 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.
V. OVER CROWDING : Section 16
No room in any factory shall be overcrowded to an extent injurious to the
health of the workers and there shall be in every workroom of a factory in
existence of the date of commencement of this act at least 9.9 cubic meters
and of factory built after the commencement of this act at least 14.2 cubic
meters of space for every worker employees therein.
VI. LIGHTING : Section 17
In every part of a factory where worker are working or passing, there shall
be provided and maintained sufficient and suitable lighting, natural or
artificial, or both.

VII. DRINKING WATER : Section 18

In every factory effective arrangements shall be made to provide at suitable
points a sufficient supply of drinking water. All such points shall be legible
marked Drinking water in a language understood by a majority of the
workers and no such point shall be situated within six meters of any
Washing place, urinal etc. and where more than two hundred and fifty
workers are ordinarily employed, provision shall be made for cool drinking
water during hot weather.

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VIII. LATRINES & URINALS : Section 19

In every factory sufficient latrine and urinals accommodation, separately for
male and female, shall be provided conveniently situated and accessible to
workers. All such accommodation shall be adequately lighted, ventilated and
be maintained in a clean and sanitary condition at all time.
IX. SPITTOONS : Section 20
In every factory there shall be provided a sufficient number of spittoons in
convenient places.
SAFETY

I. FENCING OF MACHINERY : Section 21

In every factory every moving part of a prime mover, every fly wheel
connected to a prime mover and every dangerous part of any machinery
shall be securely fenced by safeguards.
II. WORK ON OR NEAR MACHINERY IN MOTION:Section 22 & 23
While the machinery is in motion, operations shall be made or carried out
only by a specially trained adult male worker wearing tight fitted clothing
and no woman worker or young person shall be allowed on such machines.
III. STRIKING GEAR & DEVICES FOR CUTTING OF POWER :
Section 24
In every factory suitable devices for cutting off power in emergencies from
running machinery shall be provided in every workroom.
IV. PROHIBITION OF EMPLOYMENT OF WOMEN & CHILDREN
NEAR COTON APENER : Section 27
No women or child shall be employed in any part of a factory for pressing
cotton in which a cotton apener is at work.
V. HOISTS & LIFTS : Section 28
Every hoist and life shall be of good mechanical construction, properly
maintained and shall be thoroughly examined by a competent person at least
once in every period of six months.
VI. LIFTING MACHINES, CHAINS, ROPES & LIFTING TACKLES
: Section 29
All parts, Including working gear of every lifting machine and every chain,
rope shall be of good construction, properly maintained and thoroughly
examined bya competent person at least once in every period of twelve
months.

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VII. PRESSURE PLANT : Section 31

If any factory is operated at a pressure above atmosphere pressure, effective
measures shall be taken to ensure that the safe working pressure of such
plant is not exceeded.
VIII. FLOORS, STAIRS & MEANS OF ACCESS :
In every factory all floors, steps, stairs, passages and gangways shall be
sound construction, properly maintained and shall be kept free from
obstructions and substance likely to cause persons slip.
IX. EXCESSIVE WEIGHT : Section 34
No person shall be employed in any factory to life, carry or more and load so
heavy as to likely to cause him injury.
X. PROTECTION OF EYES : Section 35
Goggles shall be provided for the protection of persons employed in respect
of any such manufacturing process carried on risk to the eyes by reason of
exposure to excessive light as fragments thrown off.
Section 38 : In every factory all practicable measures shall be taken to
prevent out break of fire and spread, both internally and externally.
Effective measures shall be taken to ensure that in every factory all the
workers are familiar with means of escape in case of fire and have been
adequately trained in the routine to be followed in such cases.

WELFARE
I. WASHING FACILITIES : Section 42
In every factory adequate and suitable facilities for washing, separately for
male and female workers, shall be provided and maintained for the use of
the worker therein.
II. FACILITIES FOR STORING & DRYING CLOTHS : Section 43
Suitable places should be provided for keeping clothing not worn during
working hrs. and for the drying of wet clothing.
III. FACILITIES FOR SITTING : Section 44
In every factory suitable arrangements for sitting shall be provided for all
workers obliged to work in a standing position, in order that they may take
advantage of any opportunities for rest.
IV. FIRST-AID & APPLIANCES : Section 45
There shall in every factory be provided first aid boxes. The number of such
boxes shall not be less than one for every one hundred and fifty workers and
where more than five hundred workers are employed there shall be provided
an ambulance room containing the prescribed equipment and medical and
nursing staff.

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V. CANTEENS : Section 46
Factory wherein more than two hundred and fifty workers are employed, a
canteen shall be provided by the occupiers for the use of workers.
VI. SHELTERS, REST ROOMS & LUNCH ROOMS: Section 47
In every factory wherein more than 150 workers are employed, adequate and
suitable shelters or rest rooms and a suitable lunch room with provision for
drinking water where worker can eat meals brought by them, shall be
provided for the use of the workers.
VII. CRECHES: Section 48
In every factory wherein more than 30 women workers are ordinarily
employed there shall be provided suitable room or rooms for the use of
children under the age of six yrs. Of such women. The crches shall be made
under the charge of women trained in the care of children.
VIII. WELFARE OFFICER : Section 49
In every factory wherein 500 or more workers are employed the occupiers
shall employee in the factory such number of welfare officer as may be
prescribed.

WORKING HOUSE OF ADULTS

I. HOUR OF WORK : Section 51
48 hrs. in a week, 09 hrs. in a day, period of work shall not exceed 05 hrs. at
a time, an interval of half an hour shall be given. The spread over including
rest period shall not be spread for more than 10 hrs. in a day. Overtime be
paid at the rate of twice of his/her ordinary rate of wages. No women
workers would work between 07 PM to 06 AM.

II. REST DAY : Section 52

If a worker work continuously for 06 days he shall be entitled for one day
rest and if rest cannot be given than 11th day must be granted rest. Rest can
be granted either three day in advance or three days later. Normally rest
should fall on Sunday.

III. NOTICES TO BE DISPLAYED :

1. Notice specifying number of maximum workers working.
2. Notice of rest day.
3. Notice of holidays and cancellation, if any.
4. Duty Rosters.
5. Abstract of Act.
6. Notice of payment day.
7. Name and the address of inspector and surgeon.

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Payment of overtime :
For extra working hours employee shall be eligible for overtime at double
the rate of ordinary rate of wages per hour.

GENERAL PENALTY FOR OFFENSE : Section 92

Save as is otherwise expressly provided in this act, if in, or in respect of any
factory there is any contravention of any of the provision of this act, the
occupier and manager of the factory shall each be guilty of an offense and
punishable with imprisonment for a term upto two years ( 2 yrs.) or with fine
upto one lakh rupees (Rs 1,00,000/-). or both, and if the contravention is
continued after conviction, with a further fine upto one thousands rupees
(Rs.1000/-) for each day.
Fine of Rs.25,000/- in case of accident causing death or Rs.5000/-in case of
accident causing serious bodily injury

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