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THE FACTORIES ACT, 1948.

INTRODUCTION

In India the first Factories Act was passed in 1881. This Act was
basically designed to protect children and to provide few measures for
health and safety of the workers. This law was applicable to only those
factories, which employed 100 or more workers. In 1891 another
factories Act was passed which extended to the factories employing 50
or more workers.


Definition of a Factory:-

“Factory” is defined in Section 2(m) of the Act. It means any
premises including the precincts thereof-
i. Whereon 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 is ordinarily so carried on; or
ii. Whereon twenty 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 without the aid of power, or is ordinarily so carried on;
But does not include a mine subject to the operation of the Mines
Act,1952 or a mobile unit belonging to the Armed forces of
the Union, a railway running shed or a hotel, restaurant or
eating place.


The following have held to be a factory:-

i. Salt works
ii. A shed for ginning and pressing of cotton
iii. A Bidi making shed
iv. A Railway Workshop
v. Composing work for Letter Press Printing
vi. Saw Mills
vii. Place for preparation of foodstuff and other eatables


HIGHLIGHTS:

• The Factories Act, 1948 came into force on the 1 st day of April,1949 and
extends to the whole of India. It was, in fact, extended to Dadra & Nagar
Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu &
Kashmir in 1970.

• The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.

• In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that 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 conducive to their
health and safety.


Some of the crucial Sections:

Sec. Registration & Renewal of Factories
6
To be granted by Chief Inspector of Factories on submission of
prescribed form, fee and plan.


Employer to ensure health of workers pertaining to

• Cleanliness Disposal of wastes and effluents - Sec 12
• Ventilation and temperature dust and fume - Sec 13
• Overcrowding Artificial humidification Lighting – Sec. 14
• Drinking water Spittoons. - Sec. 18


Safety Measures

• Fencing of machinery – Sec. 21
• Work on near machinery in motion. – Sec 22
• Employment prohibition of young persons on dangerous machines. – Sec 23
• Striking gear and devices for cutting off power. – Sec 24
• Self-acting machines.- Sec 25
· Casing of new machinery.- Sec 26
· Prohibition of employment of women and children near cotton-openers.- Sec
27
· Hoists and lifts.- Sec 28.


Welfare Measures

• Washing facilities – Sec 42
• Facilities for storing and drying clothing – Sec 43
• Facilities for sitting – Sec 44
• First-aid appliances – one first aid box not less than one for every 150 workers– Sec 45
• Canteens when there are 250 or more workers. – Sec 46
• Shelters, rest rooms and lunch rooms when there are 150 or more workers. – Sec 47
• Creches when there are 30 or more women workers. – Sec 48
• Welfare office when there are 500 or more workers. – Sec 49


Working Hours, Spread Over & Overtime of Adults

• Weekly hours not more than 48 - Sec: 51
• Daily hours, not more than 9 hours. - Sec: 54
• Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55
• Spread over not more than 10½ hours. - Sec: 56
• Overlapping shifts prohibited. - Sec: 58
• Extra wages for overtime double than normal rate of wages - Sec:59
• Restrictions on employment of women before 6AM and beyond 7 PM. - Sec: 60


Annual Leave with Wages

• A worker having worked for 240 days @ one day for every 20 days
and for a child one day for working of 15 days.
• Accumulation of leave for 30 days.
Sec. 79

Sec.92 to 106
OFFENCE PENALTIES

• For contravention of the Provisions • Imprisonment upto 2 years or fine
of the Act or Rules upto Rs.1,00,000 or both

• On Continuation of contravention • Rs.1000 per day

• On contravention of Chapter IV • Not less than Rs.25000 in case of
pertaining to safety or dangerous death.
operations. • Not less than Rs.5000 in case of
serious injuries.
• Subsequent contravention of some • Imprisonment upto 3 years or fine
provisions not less than Rs.10, 000 which may
extend to Rs.2, 00,000.
• Obstructing Inspectors • Imprisonment upto 6 months or fine
upto Rs.10, 000 or both.

• Wrongful disclosing result • Imprisonment upto 6 months or fine
pertaining to results of analysis. upto Rs.10, 000 or both.

• For contravention of the provisions • Imprisonment upto 7 years with fine
of Sec.41B, 41C and 41H pertaining to upto Rs.2, 00,000 and on continuation
compulsory disclosure of information fine @ Rs.5, 000 per day.
by occupier, specific responsibility of Imprisonment of 10 years when
occupier or right of workers to work contravention continues for one year.
imminent danger.


Thank You.

Navin Kumar.A

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