REENA MEHTA COLLEGE OF COMMERCE AND MANAGEMENT

SUBJECT: BUSINESS LAW (FACTORIES ACT,1948)

Q.1 Discuss an overview on Factories Act 1948?

Ans. The Factories Act, 1948 has been enacted to consolidate and amend the law regulating the
workers working in the factories. It extends to whole of India and applies to every factory
wherein 20 or more workers are ordinary employed. Since the aim and object of the Act is to
safeguard the interest of workers and protect them from exploitation, the Act prescribes certain
standards with regard to safety, welfare and working hours of workers, apart from other
provisions.

Factory means any premises including the precincts thereof where ten or more persons are
working in any manufacturing process being carried on with aid of power and where twenty or
more workers are working without the aid of power.
Health
1. Every factory should be kept dean and free from effluvia arising from any drain, privy or
other nuisance.

2. Effective arrangements should be made in every factory for the treatment and effluents
due to the manufacturing process carried on therein, so as to render them innocuous, and
for their disposal.

3. Effective and suitable provisions should be made in every factory for securing and
maintaining in every workroom; adequate ventilation by the circulation of fresh air; and
such a temperatures will secure to workers therein reasonable conditions of comfort and
prevent injury to health.

4. Effective measures should be taken to prevent inhalation of dust to prevent inhalation of

dust and fume that may produce in the course of manufacturing process.

5. In any factory where the humidity of air is artificially increased, the State Government
may make rules prescribing standards of humidification; regulating the methods used for
artificially increasing humidity of the air; and directing prescribed test for determining

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SUBJECT: BUSINESS LAW (FACTORIES ACT,1948)

the humidity of the air to be correctly carried out and recorded; and prescribing methods
to be adopted for securing adequate ventilation and cooling of the air in the workrooms.

6. No room in any factory should lie overcrowded to an extent injurious to the health of the
workers employed therein.

a. In every part of a factory where workers are working or passing, there should be
provided and maintained sufficient and suitable lighting, natural or artificial, or
both.

7. In every factory effective arrangements should be made to provide and maintain at

suitable points conveniently’ situated for all workers employed therein a sufficient supply
of wholesome drinking water.

8. In every factory sufficient latrine and urinal accommodation of prescribed types should
be provided conveniently situated and accessible to workers, separately for male and
female workers, at all times while they are at the factory. In every factory there should be
provided a sufficient number of spittoons in convenient places and they shall be
maintained in a clean and hygienic condition.

Safety

1. The machinery in every factory should be properly fenced.

2. Only the trained adult male worker, wearing tight fitting clothing which should be
supplied by the Occupier, should be allowed to work near the machinery in motion.

3. No young person shall be employed on dangerous machinery, unless he is fully instructed

as to the danger arising in connection with the machine and the precautions to be
observed and he has received sufficient training in work at the machine.

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SUBJECT: BUSINESS LAW (FACTORIES ACT,1948)

4. Suitable arrangements should be made to provide striking gear and devices for cutting off
power in case of emergencies.

5. Sufficient precautions should be taken with regard to self-acting machines to avoid

accidents.

6. To prevent danger, all machinery driven by power should be encased and effectively
guarded.

7. Woman worker and children should not be employed in any part of the factory for
pressing cotton in which a cotton-opener is at work.

8. Hoists and Lifts in a factory should be periodically inspected by the Competent Person.

9. Lifting Machines, Chains, Ropes and Lifting Tackles in a factory should be periodically
inspected by the Competent Person.

10. Where process of grinding is carried on, a notice indicating the maximum safe working
peripheral speed of every grind-stone or abrasive wheel etc., should be fixed to the
revolving machinery.

11. Where any plant or machinery or any part thereof is operated at a pressure above
atmospheric pressure, effective measures should be taken to ensure that the safe working
pressure of such plant of machinery or part is not exceeded.

12. Floors, stairs and means of access should be soundly constructed and properly
maintained.

13. Pits, sumps opening in floor etc., should be either securely covered or fenced.

14. No workman shall be employed in any factory to lift, carry or move any load so heavy as
to be likely to cause him injury.

15. Necessary protective equipment should be provided to protect the eyes of the workman,
where the working involves risk of injury to the eyes.

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SUBJECT: BUSINESS LAW (FACTORIES ACT,1948)

16. Suitable precautionary arrangements should be taken against dangerous fumes, gases etc.

17. Every practicable measures should be taken to prevent any explosion where the
manufacturing process produces dust, gas, fume or vapour etc.

18. Every practicable measures should be taken to prevent the outbreak of fire and its spread,
both internally and externally.

19. The Inspector of Factories can ask the Occupier or the Manager of the Factory to furnish
drawings, specification etc., of any building, machinery or a plant, in case he feels that
condition of such building, machinery or the plant may likely to cause danger to human
life.

20. The Inspector of Factories can suggest suitable measures of steps to take by the Occupier
or Manager for implementation, when he feels the condition of any building, machinery
or a plant may likely to cause danger to human life.

21. Wherein 1000 or more workmen are employed in a factory, the Occupier should appoint
a Safety Officer to look after the safety aspects of the factory.

Welfare
1. Adequate and suitable ‘washing facilities’ should be provided in every factory.

2. Provision should be made to provide suitable places for keeping clothing not worn during
working hours and for the drying of wet clothing.

3. In every factory, suitable arrangements for sitting should 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.

4. First-Aid Boxes with the prescribed contents should be provided and maintained so as to
be readily accessible during all working hours at the rate of at least one Box for every
150 workmen.

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SUBJECT: BUSINESS LAW (FACTORIES ACT,1948)

5. In every factory wherein more than 500 workers are employed there should 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.

6. The Occupier should provide a canteen for the use of workers in every factory, where the
number of workmen employed is more than 250.

7. 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
workers can eat meals brought by them, should be provided and maintained for the use of
the workers.

8. In every factory wherein more than 30 women workers are ordinarily employed there
should be provided and maintained a suitable room for the use of children under the age
of six years of such women.

9. In every factory wherein more than 500 or more workers are employed, the Occupier
should employ in the factory such number of Welfare Officers as may be prescribed.

Working Hours of Adult Workers

1. Ordinarily, a worker should not be allowed to work in a factory for more than 48 hours in
any week.

2. The workman should have one holiday for a whole day in a week. Where he was asked to
work on his scheduled weekly holiday, he should be given compensatory holiday within
three days of his scheduled weekly holiday.

3. After obtaining approval from the Inspector of Factories, the workman shall be allowed
to avail the compensatory holidays unavailed by him, within that month during which the
compensatory holidays are due or within two months immediately following that month.

4. Subject to the provisions of Section 51 no worker should be allowed to work more than
nine hours in a day.

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REENA MEHTA COLLEGE OF COMMERCE AND MANAGEMENT

SUBJECT: BUSINESS LAW (FACTORIES ACT,1948)

5. The timings of work should be fixed in such a way that no worker should be required to
work continuously for more than five hours; and he should be allowed to avail an interval
for rest of at least half-an hour during his work in a day.

6. The period of work of a workman should be so arranged that inclusive of his interval for
rest under Section 55 should not spread over more than ten and a half hours in any day.