Factories Act, 1948

Unit-4 Topic-3
Objective & Applicability

• 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 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.
 Employee Health
• Every factory should be kept clean and free from any
kind of smell arising from any drain, or other nuisance.
{Section 11}
• Effective arrangements should be made in every factory
for the treatment of discharge due to the
manufacturing process carried on therein, so as to
render them harmless, and for their disposal. {Section12}
• 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. {Section 13}
• Effective measures should be taken to prevent
inhalation of dust that may produce in the course of
manufacturing process. {Section 14}
• 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 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. {Section 15}
• No room in any factory should lie overcrowded to an
extent injurious to the health of the workers
employed therein. {Section 16}
• 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. {Section 17}
• 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. {Section 18}
• 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. {Section
19}

• 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. {Section 20}
 Employee Safety
• The machinery in every factory should be properly
fenced. {Section 21}
• 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. {Section 22}
• 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. {Section 23}
• Suitable arrangements should be made to
provide striking gear and devices for cutting
off power in case of emergencies. {Section 24}
• Sufficient precautions should be taken with
regard to self-acting machines to avoid
accidents. {Section 25}
• To prevent danger, all machinery driven by
power should be encased (wrapped) and
effectively guarded. {Section 26}
• 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.
{Section 27}
• Hoists and Lifts in a factory should be periodically
inspected by the Competent Person. {Section 28}

• Lifting Machines, Chains, Ropes and Lifting

Tackles (equipment) in a factory should be
periodically inspected by the Competent Person.
{Section 29}
• 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. {Section
30}
• 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. {Section 31}
• Floors, stairs and means of access should be soundly
constructed and properly maintained. {Section 32}
• Pits, sumps opening in floor etc., should be
either securely covered or fenced. {Section 33}
• 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. {Section 34}
• Necessary protective equipment should be
provided to protect the eyes of the workman,
where the working involves risk of injury to the
eyes. {Section 35}
• Suitable precautionary arrangements should be
taken against dangerous fumes, gases etc.
{Section 36}

• Every practicable measures should be taken to

prevent any explosion where the manufacturing
process produces dust, gas, fume or vapour etc.
{Section 37}
• Every practicable measures should be taken to
prevent the outbreak of fire and its spread, both
internally and externally. {Section 38}
• 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. {Section 39}
• The Inspector of Factories can suggest suitable measures of
steps to be taken 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. {Section 40}
• 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. {Section 40-B}
 Employee Welfare
• Adequate and suitable 'washing facilities' should be
provided in every factory. {Section 42}
• Provision should be made to provide suitable places
for keeping clothing not worn during working hours
and for the drying of wet clothing.{Section 43}
• 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.{Section
44}
• 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. {Section 45}
• In every factory wherein more than 500 workers are
employed there should be provided and maintained an
Ambulance containing the prescribed equipment and in
the charge of such medical and nursing staff. {Section
45(4)}
• The Occupier should provide a canteen for the use of
workers in every factory, where the number of workmen
employed is more than 250.{Section 46}
• 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.
{Section 47}
• 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. {Section 48}
• 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.
{Section 49}
 Working Hours of Adult
Workers
• Ordinarily, a worker should not be allowed to
work in a factory for more than 48 hours in
any week. {Section 51}
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.
{Section 52}
• 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.
{Section 53}
• Subject to the provisions of Section 51 no
worker should be allowed to work more than
nine hours in a day. {Section 54}
• 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.
{Section 55}

• 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. {Section 56}.
• 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 of
overtime work, be entitled to wages at the
rate of twice his ordinary rate of wages.
{section 59}
FURTHER RESTRICTIONS ON EMPLOYMENT OF

WOMEN. [section 66]

• Women is not allowed to work during the

night hours from between 10 P.M. and 5 A.M.
Factories act 1948, shall allow women to work
in between the hours of 6 A.M. and 7 P.M.
only.
 General Duties of the
Occupier
• Every Occupier should ensure, so far is
reasonably practicable the health, safety and
welfare of all workers while they are at work in
the factory.

• Without prejudice to the generality of the

provisions of sub-section (1), the matters to
which such duty extends, include -
• the provisions and maintenance of plant and systems
of work in the factory that are safe and without risks
to health; .
• 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
substance;
• the provision of such information, instruction,
training and supervision as are necessary to ensure
.the health and safety of all workers at work;
• 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 (vent) from,
such places as are safe and without such risks;
• the provision, maintenance or monitoring of such
working environment in the factory for the
workers that is safe, without risks to health and
adequate regards facilities and arrangements for
their welfare at work.
• Except in such cases as may be prescribed,
every Occupier should prepare, and, so 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 organization 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. {Section 7-A}