lectures on the factories act.

1. The Factories Act,
1948
Bhushan Ahire
N.B.T. Law College, Nasik
Page 1

2. 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. Now the
Factories Act, 1948. Page 2

3. Objective of the Act
• 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
Page 3

4. Applicability of the Act
At any place wherein manufacturing process is carried
on with or without the aid of power or is so ordinarily
carried on, not with standing that:
• The number of persons employed therein is less than
ten, if working with the aid of power and less than
twenty if working without the aid of power, or
• The persons working therein are not employed by the
owner thereof but are working with the permission of,
or under agreement with, such owner. Page 4

5. What is a factory?
• 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, with
the aid of power, or
• (ii) whereon twenty or more workers
are working, without the aid of power.
And
• In any part of which a manufacturing
process is being carried on. Page 5

6. What is a manufacturing process?
Manufacturing process means any process for-
• (i) making, altering, repairing, ornamenting, finishing,
packing, oiling, washing, cleaning, breaking up,
demolishing, or otherwise treating or adapting any article or
substance with a view to its use, sale, transport, delivery or
disposal; or
• (ii) pumping oil, water, sewage or any other substance; or
• (iii) generating, transforming or transmitting power; or
• (iv) composing types for printing, printing by letter press,
lithography, photogravure or other similar process or book
binding
• (v) constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels;
• (vi) preserving or storing any article in cold storage.
• [section 2(k)]. Page 6

7. Who is a worker?
A person employed in any
manufacturing process or cleaning or
any work incidental or connected with
the manufacturing process.
A person employed, directly or by or
through any agency with or without
knowledge of the principal employer.
Whether for remuneration or not.
Relationship of master & servant
• does not include any member of the
armed forces of the Union.
Page 7

8. Definitions[Sec.2]
• “Adult” means a person who has
completed his eighteenth year of age
• “Adolescent” means a person who has
completed his fifteenth year of age but has
not completed his eighteenth year
• “Child” means a person who has not
completed his fifteenth year of age
• “Young person” means a person who is
either a child or an adolescent
Page 8

9. Definitions[Sec.2]
• “Day” means a period of twenty-four hours beginning
at midnight;
• "week" means a period of seven days beginning at
midnight on Saturday night
• “Calendar year” means the period of twelve months
beginning with the first day of January in any year
• “Power” means electrical energy, or any other form of
energy which is mechanically transmitted and is not
generated by human or animal agency;
• “Prime mover” means any engine, motor or other
appliance which generates or otherwise provides
power
Page 9

10. Who is the occupier?
• The person who has ultimate control
over the affairs of factory.
• It includes a partner in case of firm and
director in case of a company.
• In case of Government company, a
person appointed to manage affairs of
the factory shall be occupier.
• in the case of a ship which is being
repaired, the owner of the dock shall be
deemed to be the occupier.
Page 10

11. Approval, Licensing & Registration
State Government may make rules for-
• 1. requiring, the submission of plans of any class
or description of factories to the Chief Inspector or
the State Government;
• 2. requiring the previous permission in writing of
the State Government or the Chief Inspector to be
obtained for the site on which the factory is to be
situated;
Page 11

12. Approval, Licensing & Registration
State Government may make rules for-
• 3. requiring for the submission of plans and
specifications;
• 4. requiring the registration and licensing of
factories or any class or description of factories, and
prescribing the fees payable for such registration
and
licensing and for the renewal of licences;
Page 12

13. Approval, Licensing &
Registration Of Factories[sec.6]
• Making an application to the Government or
Chief Inspector , along with the duly certified
plans and specifications required by the rules,
• Sent to the State Government or Chief
Inspectors by registered post,
• And no order is communicated to the applicant
within 3 months from the date on which it is so
sent, the permission deemed to be granted.
• If the application is rejected appeal can be made
to the government within 30 days of the date of
such rejection. Page 13

14. Notice by Occupier
The occupier shall, at least 15 days before he begins to
occupy or use any premises as a factory, send a notice to
the Chief Inspector containing-
• 1. The name and situation of the factory;
• 2. The name and address of the occupier;
• 3. The name and address of the owner of the premises
• 4. The address to which communications relating to the
factory may be sent;
• 5. The nature of the manufacturing process;
• 6. The total rated horse power installed or to be installed
in the factory;
• 7. The name of the manager of the factory for the
purposes of this Act;
• 8. The number of workers likely to be employed in the
factory;
• 9. Such other particulars as may be prescribed
Page 14

15. Notice by Occupier Cont…
• In respect of all establishments which
come within the scope of the Act for the
first time, the occupier shall send a written
notice to the Chief Inspector containing
the particulars specified in subsection (1)
within thirty days, from the date of the
commencement of this Act.
Page 15

16. Notice by Occupier Cont…
• Before a factory engaged in a
manufacturing process which is ordinarily
carried on for less than one hundred and
eighty working days in the year resumes
working, the occupier shall send a written
notice to the Chief Inspector containing
the particulars specified in sub-section (1)
at least thirty days before the date of the
commencement of work.
Page 16

17. Notice by Occupier Cont…
• Whenever a new manager is appointed,
the occupier shall send to the Inspector a
written notice and to the Chief Inspector a
Copy thereof within seven days from the
date on which such person takes over
charges.
Page 17

18. General duties of the Occupier
• Occupier shall ensure, the health, safety
and welfare of all workers while they are at
work in the factory.
• Every occupier shall prepare, a written
statement of his general policy with
respect to the health and safety of the
workers.
• Bring such statement and any revision
thereof to the notice of all the workers.
Page 18

19. The Inspecting Staff [Sec.8]
• State government may appoint Chief
Inspector, Additional Chief Inspectors,
Joint Chief Inspectors, Deputy Chief
Inspectors, and Inspectors.
• Prescribe their duties and qualifications
• Every District Magistrate shall be an
Inspector for his district
• Every inspector is deemed to be a public
servant within the meaning of the Indian
Penal Code Page 19

20. Powers of Inspectors [sec.9]
• Enter factory premises for investigation
• Examine the premises
• Inquire into any accident or dangerous occurrence
• Require the production of any prescribed register or
document
• Seize, or take copies of, any register, record or other
document
• Take measurements and photographs and make such
recordings
• Exercise such other powers as may be prescribed
• No person shall be compelled under this section to
answer any question or give any evidence tending to
incriminate himself . Page 20

21. Certifying Surgeon[Sec.10]
• State Government may appoint qualified medical practitioners to
be certifying surgeons And the certifying surgeons can
authorizes any medical practitioner to exercise his powers
• Duties of surgeons
• (a) the examination and certification of young persons under this
Act;
• (b) the examination of persons engaged in factories in such
dangerous occupations or processes
• (c) supervising the factories where
• (i) cases of illness have occurred which are due to the nature of
the manufacturing process or
• (ii) due to manufacturing process there is a likelihood of injury to
the health of workers or
• (iii) young persons are employed in any work which is likely to
cause injury to their health.
Page 21

22. Health Provisions[Sec.11-20]
• Chapter III of Factories Act contain details
regarding health of workers.
• Sec. 11. Cleanliness.
• Sec.12. Disposal of wastes and effluents.
• Sec. 13. Ventilation and temperature.
• Sec. 14. Dust and fume.
• Sec. 15. Artificial humidification.
• Sec. 16. Overcrowding.
• Sec. 17. Lighting.
• Sec. 18. Drinking water.
• Sec. 19. Latrines and urinals.
Page 22
• Sec. 20. Spittoons.

23. Cleanliness [sec.11]
• The working conditions should be clean
and safe.
• (Floor- Workrooms- Staircases)
• accumulation of dirt and refuse shall be
removed daily by sweeping etc.;
• Clean the floor at least once a week by
washing, using disinfectant;
• If floor becomes wet - effective means of
drainage shall be provided &
maintained. Page 23

24. Cleanliness [sec.11]
• Inside walls, partitions, ceiling, tops of
rooms, wall sides, passage & staircase:-
• if painted with non-washable paint or
varnish- shall be repainted or
revarnished every five year.
• If painted with washable paint shall be
repainted every five year & washed in
six months.
• In any case be kept white washed
&White wash every 14 weeks. Page 24

25. Cleanliness [sec.11]
• Same way all doors, window frames
other wooden & metallic framework be
painted in five years.
• dates on which the processes are
carried out shall be entered in the
prescribed register.
• If, due to the nature of the operations in
a factory or class or description of
factories or any part thereof - not
possible to comply with the provisions,
the State Government may be orderPage 25

26. Disposal of wastes and effluents.
[sec. 12.]
• Effective arrangements shall be made in
every factory for the treatment of wastes
and effluents, so as to render them
innocuous and for their disposal.
• The State Government may make rules &
THAT IS TO BE FOLLOWED…
Page 26

27. Ventilation & Temperature sec.13
• 1. Effective and suitable provision shall
be made factory for securing and
maintaining in workroom adequate
ventilation by the circulation of fresh air,
and
• 2. Effective and suitable provision shall
be made factory for securing and
maintaining such a temperature as
will secure to workers therein
reasonable conditions of comfort and 27Page

28. Ventilation & Temperature sec.13
• for securing and maintaining such a
temperature
• (i) walls and roofs shall be of such
material and so designed that such
temperature shall not be exceeded;
• (ii) where the nature of the work
involves the production of excessively
high temperatures, -
• a) by separating the process which
produces such temperatures from the
workroom,
• b) by insulating the hot parts Page 28

29. Dust and fume.(Sec.14)
• (1) If in the factory – out of the
manufacturing process, there is given off
any dust or fume or other impurity - as
likely to be injurious or offensive to the
workers - effective measures shall be
taken to prevent its inhalation and
accumulation in any workroom, and if any
exhaust appliance is necessary, it shall be
applied.
Page 29

30. Dust and fume.(Sec.14)
• (2) In any factory no stationary internal
combustion engine/ no other internal
combustion engine, shall be operated
unless the exhaust is conducted into the
open air.
Page 30

31. Artificial humidification.(Sec. 15)
• For factories in which the humidity of the
air is artificially increased, The State
Government may make rules,-
• (a) prescribing standards of
humidification;
• (b) regulating the methods used for
artificially increasing the humidity of the
air;
Page 31

32. Artificial humidification.(Sec. 15)
• (c) directing prescribed tests for
determining the humidity to be correctly
carried out and recorded;
• (d) prescribing methods for securing
adequate ventilation and cooling of the
air in the workrooms.
Page 32

33. Artificial humidification.(Sec. 15)
• If humidity is artificially increased, the
water used for the purpose shall be
taken from
• (i)a public supply, or
• (ii) other source of drinking water, or
• (iii)shall be effectively purified.
• (3) If it appears to an Inspector that the
water used in a factory for increasing
humidity is requires to be effectively
purified he may serve on the manager of
the factory an order, specifying the Page 33

34. Overcrowding (Sec.16)
• (1) No room in any factory shall be
overcrowded to an extent injurious to
the health of the workers employed
therein.
• (2) 14.2 cubic meters space per
worker. While calculating this space,
the space which is more than 4.2
meters above the level of the floor of
the room. will not be taken into
account. Page 34

35. Overcrowding (Sec.16)
• Notice specifying the maximum
number of workers, which can be
employed in any work room can be
displayed in the premises by the order
Chief Inspector
• The chief Inspector may by order in
exempt, any workroom from the
provisions of this section, if he is
satisfied that compliance therewith in
respect of the rooms is unnecessary
in the interest of the health of the Page 35

36. Lighting[Sec17]
• Sufficient & suitable lighting in every part
of factory, natural or artificial or both
lighting shall be provided and maintained.
• All glazed windows and skylights used for
the lighting of the workroom shall be kept
clean.
Page 36

37. Lighting[Sec17]
• Effective provisions shall be made for the
prevention of
• a) glare either directly from a source of
light or by reflection from smooth or
polished surface.
• B) formation of shadows to such an extent
as to cause eye-strain or the risk of
accident to any worker shall be prevented.
Page 37

38. Drinking water[Sec.18]
• In every factory effective arrangements
shall be made for wholesome drinking
water at suitable points and conveniently
situated for all workers with a sufficient
supply.
• Drinking points to be marked as drinking
water.
• They should be at least 6 meters away
from wash room/urinal/ latrine/spittoons.
• If >250 workers are working, then have
cool water facility also. Page 38

39. Latrines and Urinals[Sec.19]
• 1. Sufficient latrine and urinal
accommodation of prescribed types
shall be provided.
• 2.It conveniently situated and
accessible to workers at all times
while they at the factory;
• 3. Separate enclosed accommodation
shall be provided for male and female
workers;
Page 39

40. Latrines and Urinals[Sec.19]
• 4. Such accommodation shall be
adequately lighted and ventilated.
• 5.No latrine or urinal shall,
communicate with any workroom
except through an intervening open
space or ventilated passage;
• 6. All such accommodation shall be
maintained in a clean and sanitary
condition at all times;
• 7. Sweepers shall be employed. Page 40

41. Latrines and Urinals[Sec.19]
• 8.If > 250 workers are ordinarily
employed-
• (i) All latrine and urinal
accommodation shall be of prescribed
sanitary types;
• (ii) The floors and internal walls, up to
a height of 90 centimetres of the
latrines and urinals and the sanitary
blocks shall be laid in glazed tiles or
otherwise finished to provided 41 Page
a

42. Latrines and Urinals[Sec.19]
• 8.If > 250 workers are ordinarily
employed-
• (iii) The floors, portions of the walls
and blocks so laid or finished and the
sanitary pans of latrines and urinals
shall be thoroughly washed and
cleaned at least once in every seven
days with suitable detergents or
disinfectants or with both. Page 42

43. Spittoons[Sec.20]
• There should be sufficient number of
spittoons.
• No person shall spit within the premises of
a factory except in the Spittoons provided
for the purpose
• Whoever spits in contravention shall be
punishable with fine not exceeding five
rupees
Page 43

44. Safety of Worker
• CHAPTER IV DEALS WITH SAFETY
OF WORKERS…Sec. 21 to 40
Page 44

45. Fencing of
Machinery[Sec.21]
(i) every moving part of a prime mover and every flywheel
connected to a prime mover;
(ii) the headrace and tailrace of every water-wheel and
water turbine;
(iii)any part of a stock-bar which projects beyond the head
stock of a lathe; and
(iv) unless they are safe, the following, namely,--
(a) every part of an electric generator, a motor or rotary
convertor;
(b) every part of transmission machinery; and
(c) every dangerous part of any other machinery,
shall be securely fenced by safeguards of substantial
construction which shall be constantly maintained and
kept in position. Page 45

46. Work on or near machinery in motion.
Sec. 22
No woman or young person shall be
allowed to clean, lubricate or adjust any
part of a prime mover or of any
transmission machinery etc, while the
machinery is in motion.
Page 46

47. Work on or near machinery in motion.
Sec. 22
• Where in any factory it becomes necessary to
examine any part of machinery referred to in
section 21, while the machinery is in motion,
or, lubrication or other adjusting operation,
while the machinery is in motion,
• -such examination or operation shall be made
or carried out only by a specially trained adult
male worker wearing tight fitting clothing
(which shall be supplied by the occupier)
whose name has been recorded in the
register prescribed in this behalf and who has
been furnished with a certificate of his
appointment. Page 47

48. Work on or near machinery in motion.
Sec. 22
• such worker shall not handle a belt at a
moving pulley unless,-
• (i) the belt is not more than fifteen centimetres
in width;
• (ii) the pulley is normally for the purpose of
drive and not merely a fly-wheel or balance
wheel (in which case a belt is not permissible);
• (iii) the belt joint is either laced or flush with the
belt;
• (iv) the belt, including the joint and the pulley
rim, are in good repair;
Page 48

49. Work on or near machinery in motion.
Sec. 22
• (v) there is reasonable clearance between the
pulley and any fixed plant or structure;
• (vi) secure foothold and, where necessary,
secure handhold, are provided for the
operator; and
• (vii) any ladder in use for carrying out any
examination or operation aforesaid is securely
fixed or lashed or is firmly held by a second
person;
Page 49

50. NO Employment of young persons
on dangerous machines[Sec.23]
• No young person shall be required or
allowed to work at any machine to which 22
section applies,
• unless he has been fully instructed as to the
dangers arising in connection with the
machine and the precautions to be observed
and-
• (a) has received sufficient training in work at
the machine, or
• (b) is under adequate supervision by a
person who has a through knowledge and 50 Page

51. Striking gears[Sec.24]
• In every factory suitable striking gear or other
efficient mechanical appliance shall be
provided and maintained and used to move
driving belts to and from fast and loose
pulleys.
• In every factory suitable devices for cutting off
power in emergencies from running
machinery shall be provided and maintained
in every work-room:
• When a device, which can inadvertently shift
from "off" to "on" position, is provided in a
factory, arrangements shall be provided for
locking the device in safe position to prevent 51
Page

52. No traversing part of a self-acting
machine. [Sec.25]
• No traversing part of a self-acting
machine in any factory and no material
carried thereon shall, if the space over
which it runs is a space over which any
person is liable to pass, be allowed to
run on its outward or inward traverse
within a distance of forty-five
centimetres from any fixed structure
which is not part of the machine: Page 52

53. Casing of new
machines[Sec.26]
• (1) every set screw, bolt or key on any
revolving shaft, spindle, wheel or pinion shall
be so sunk, encased or otherwise effectively
guarded as to prevent danger;
• (2) all spur, worm and other toothed or friction
gearing which does not require frequent
adjustment while in motion shall be
completely encased.
• (3) Whoever sells or hire etc, any machinery
not complying with these provisions, shall be
punishable with imprisonment for a term
which may extend to three months or with fine
which may extend to five hundred rupees orPage 53

54. Cotton openers[Sec.27]
• No woman or child shall be employed in
any part of a factory for pressing cotton in
which a cotton-opener is at work.
Page 54

55. Hoists and lifts[Sec.28]
• (1) every hoist and lift shall be-
• (i) of good mechanical construction, sound
material and adequate strength:
• (ii) properly maintained, and shall be thoroughly
examined by a competent person at least once
in every period of six months, and a register
shall be kept;
• (2) every hoist way and lift way shall be
sufficiently protected by an enclosure fitted with
gates, and prevent any person or thing from
being trapped between;
• (3) the maximum safe working load shall be
plainly marked on every hoist or lift; Page 55

56. additional requirements hoists and
lifts used for persons.Sec.28
• (1) the cage of every hoist or lift used for carrying
persons shall be fitted with a gate on each side
from which access is afforded to a landing;
• (2) where the cage is supported by rope or chain,
there shall be at least two ropes or chains
separately connected with the cage;
• (3) efficient devices shall be provided and
maintained capable of supporting the cage
together with its maximum load in the event of
breakage of the ropes, chains or attachments;
• (4) an efficient automatic device shall be provided
and maintained to prevent the cage fromPage 56 over-
running.

57. Lifting machines, chains, ropes &
lifting tackles. [Sec.29]
• Cranes & lifting machines, etc. to be of
good construction & to be examined
once in every 12 month.
• Cranes and lifting machines not to be
loaded beyond safe working load.
• Cranes not to be approach within 6
meters of a place where any person is
employed or working.
Page 57

58. Revolving machines[Sec.30]
• (1) In every factory in which the process of
grinding is carried on there shall be
permanently affixed to or placed near
each machine in use a notice indicating
the maximum safe working peripheral
speed of every grindstone.
• (2) The speeds indicated in notices under
sub-section (1) shall not be exceeded.
Page 58

59. Pressure plant[Sec.31]
• There should be safe working pressure on
pressure plants.
• If machinery or any part thereof is
operated at a pressure above atmospheric
pressure, effective measures shall be
taken to ensure that the safe working
pressure of machinery is not exceeded.
Page 59

60. Floors, Stairs etc.[Sec.32]
• (1) all floors, steps, stairs, passages and
gangways shall be of sound construction
and properly maintained and shall be kept
free from obstructions and substances
likely to cause persons to slip, and where it
is necessary to ensure safety, steps, stairs,
passages and gangways shall be provided
with substantial handrails;
• (2) when any person has to work at a height
from where he is likely to fall, provision shall
be made, by fencing or otherwise, to ensure
Page 60
the safety of the person so working.

61. Pits, sumps, openings in floors etc.
[Sec.33]
• In every factory every fixed vessel,
sump, tank, pit or opening in the
ground or in a floor which, by reason
of its depth, situation, construction or
contents, is or may be a source of
danger, shall be either securely
covered or securely fenced.
Page 61

62. Excessive weights[Sec.34]
• (1) No person shall be employed in any
factory to lift, carry or move any load so
heavy as to be likely to cause him injury.
• (2) The State Government may make
rules prescribing the maximum weights
which may be lifted, carried or moved by
adult men, adult women, adolescents and
children employed in factories or in any
class or description of factories or in
carrying on any specified process. Page 62

63. Protection of eyes[Sec.35]
• If manufacturing process, which involves-
• (a) risk of injury to the eyes from particles
or fragments thrown off in the course of
the process, or
• (b) risk to the eyes by reason of exposure
to excessive light,
• the State Government may by rules
require that effective screens or suitable
goggles shall be provided for the
protection of persons employed on, or in
the immediate vicinity of, the process.Page 63

64. Dangerous fumes etc[Sec.36]
• Prohibited to employ workers in
places where dangerous gas / fume is
present.
• Practicable measures should be taken
for removal of gas, fume, etc.
Page 64

65. Portable electric light[Sec.36A]
• It should not be above 24 volts
Page 65

66. Explosive or inflammable dust, gas,
etc.[Sec.37]
• Take all measures for safety and to
prevent explosion on ignition of gas,
fume etc.
Page 66

67. Precautions in case of
fire[Sec.38]
• There should be separate exit for
cases of fire.
• There should be facilities for
extinguishing fire.
Page 67

68. Role of inspector[Sec.39,40]
• Section 39, 40 and 40A talk about
various roles that have been assigned
to the inspector.
• He may call for details regarding
building, machines etc.
Page 68

69. Safety officer[Sec.40B]
• If 1000 or more workers are
employed, appoint a separate safety
officer.
Page 69

70. Power to make rules to supplement
the above provisions[Sec.41]
• The State Government may make
rules requiring the provision in any
factory of such further devices &
measures for securing the safety of
persons employed therein as it may
deem necessary.
Page 70

71. Welfare Provision[Sec.42-50]
• Washing facilities(Sec 42)
• Facilities for, storing & drying
clothes(Sec43)
• Facilities for sitting(Sec 44)
• First aid appliances(Sec 45)
• Canteen( Sec46)
• Rest room, shelters, lunch room( Sec 47)
• Creches (Sec 48)
• Welfare Officers(Sec 49)
Page 71
•

72. Washing facilities[Sec.42]
• There should be washing facilities in
every factory for the workers–separate
for male and female workers-properly
screened.
• conveniently accessible and shall be
kept clean.
Page 72

73. Facility for storing and drying of
clothing[Sec.43]
• The State Government may, make
rules requiring the facility of
• (i)places for keeping clothing not worn
during working and
• (ii)for the drying of wet clothing.
Page 73

74. Facilities for sitting[Sec.44]
• Suitable arrangements for sitting shall
be provided and maintained for all
workers obliged to work in a standing
position
• If in the opinion of Chief Inspector,
worker can work by sitting, he may,
require the occupier to provide seating
arrangements as may be practicable.
Page 74

75. First-aid appliances[Sec.45]
• There should be at least 1 first aid box
for every 150 workers.
• It should have the prescribed contents.
• A responsible person should should be
in charge, hold a certificate on first aid
treatment.
• An ambulance room in charge medical
and nursing staff as may be prescribed
should be there if the number of
workers is more than 500. Page 75

76. Canteen[sec.46]
• The State Government may make rules
requiring that a canteen or canteens shall
be provided and maintained, if more than
250 workers are employed.
Page 76

77. Canteen[sec.46]
• such rules may provide for--
• (1) the date by which such canteen shall be
provided.
• (2) the standards in respect of construction,
accommodation, furniture and other equipment
of the canteen.
• (3) the foodstuffs to be served and the charges.
• (4) the constitution of a managing committee.
• (5) the items of expenditure in the running of
the canteen which are not to be taken into
account in fixing the cost of foodstuffs and
which shall be borne by the employer. Page 77

78. Shelter, rest room, lunch
room[Sec.47]
• When 150 workers are working, there
should be rest rooms, lunch room, etc.
• Such places should be having drinking
water facilities etc.
Page 78

79. Creches[Sec.48]
• If the number of women workers is
more than 30, there should be the
creches.
• It should be sufficiently lighted,
ventilated & to be under the charge of
trained women
Page 79

80. Welfare Officer[Sec.49]
• If the number of workers is 500 or
more, there should be a welfare officer
to look after the welfare of the
workers.
• The State Government may prescribe
the duties, qualifications and
conditions of service of the welfare
officers.
Page 80

81. In Nutshell
• Crèche - > 30 women workers
• Restroom / shelters and lunch room - > 150
workmen
• Cooled drinking water - > 250 workers
• Canteen - > 250 workers
• Ambulance room – Doctor, Nurse and Dresser
cum compounder - > 500
workers
• Welfare officer - > 500 workers
• Lady welfare officer - > more nos. of women
workers Page 81

82. Working hours Of Adults
• Chapter VI
• The rule as to the regulation of hours
of work of adult workers in a factory
and holidays.
Page 82

83. Working Hours
• Sec.51-Weekly hours not more than 48
hours a week
• Sec.52-First day of the week i.e. Sunday
shall be a weekly holiday, unless--
• (i) he has or will have a holiday for a
whole day on one of the three days
immediately before or after the said day,
and (ii) notice to the Inspector &
displayed in the factory.
• Sec.53-Compensatory holidays Page 83

84. Daily Working Hours
• Sec.54- adult not more than nine hours in
any one day.
• With previous approval of the Chief
Inspector, it may be exceeded in order to
facilitate the change of shifts.
• Sec.55-Intervals for rest-no worker shall
work for more than 5 hours before he has
had an interval for rest of at least 1/2 an
hour.
• Inspector may increase it up to six hours.
Page 84

85. Spread over[sec.56]
• Inclusive of rest intervals they shall not
spread over more than 10-1/2 hours in
any day
• Inspector may increase the spread
over up to 12 hours.
Page 85

86. Night Shifts[Sec.57]
• If shift extends beyond midnight, a
holiday for him will mean a period of 24
hours beginning when his shift ends.
• the following day for him shall be deemed
to be the period of twenty-four hours
beginning when such shift ends,
• and the hours he has worked after
midnight shall be counted in the previous
day.
Page 86

87. Prohibition Overlapping
Shifts[Sec.58]
• Work shall not be carried in any
factory by means of system of shifts
so arranged that more than one relay
of workers is engaged in the work of
same kind at the same time.
Page 87

88. Extra Wages for Overtime[Sec.59]
• If a worker works for more than 9 hours in
any day or for more than 48 hours in any
week, he shall be entitled to wages at the
rate of twice his ordinary rate of wages.
• "ordinary rate of wages" means the basic
wages plus such allowances.
• but does not include a bonus and wages
for overtime work.
• If workers paid on a piece-rate basis, it
shall be equivalent to the daily average of
their full-time earnings for the last month.88
Page

89. Restriction on Double Employment
[Sec.60]
• No adult worker shall be required or
allowed to work in any factory on any
day on which he has already been
working in any other factory, save in
such circumstances as may be
prescribed.
Page 89

90. Notice of periods of work for Adult
Workers [Sec.61]
• A notice of periods of work for adults,
showing clearly for every day the
periods during which adult workers
may be required to work shall be
displayed and correctly maintained.
• Periods to be fixed beforehand.
Page 90

91. Register of Adult Workers
[Sec.62,63]
• The manager should maintain Register
of Adult workers showing-
- Name
- Nature of work
- The Group etc.
Of each & every Adult Worker in the
factory.
• The Register shall be available to the
Inspector at all time during working Page 91

92. CHAPTER VII:
Employment of young persons
Page 92

93. Prohibition of employment of young
Children [Sec.67]
• No child who has not completed his
14 year shall be required or allowed to
work in any factory.
Page 93

94. Non-Adult workers to Carry Tokens
[Sec.68]
• An adolescent shall not be required or
allowed to work in any factory unless--
• (a) a certificate of fitness granted to him
U/S 69 is in the custody of the manager;
and
• (b) such an adolescent carries, while he is
at work, a token giving a reference to
such certificate.
Page 94

95. Certificate of fitness
• Is a certificate issued by a certifying
surgeon after examining him &
ascertaining his fitness for work in
factory.
• Valid for 12 Months.
• Revocation of Certificate by surgeon ,
if child is no longer fit.
• Fee payable by Employer:-Fee &
Renewable Fee to be paid by
occupier. Page 95

96. Working Hours for Young
persons[Sec.71,72]
• Working Hours limited to 4-1/2
• Not during Nights.
• Period of work limited to 2 shifts.
• Entitled to weekly Holidays.
• Female to work only between 6am to
7 pm.
• Fixation of periods of work
beforehand.
Page 96

97. Register of Young persons
• The manager should maintain
Register of Adult workers showing-
• -Name
• -Nature of work
• -The Group etc.
• Of each & every Adult Worker in the
factory.
• The Register shall be available to the
Inspector at all time during working
hours. Page 97

98. Power to require Medical
Examination[Sec.73]
Inspector has the power to direct
manager to have medical examination
of young persons working in case-
• Young Persons working without
License is to be treated as child.
• They no longer seem to be Fit.
Page 98

99. Employment of Women
• Prohibition of women workers at night shift
• Women shall not be allowed to work in
any factory except between the hours of 6
A.M. and 7 P.M..
• The inspector may relax this norm but
prohibited between 10 P.M. and 5 A.M.
• Working hours not more than-weekly 48
hours & daily 9 hours
Page 99

100. Annual Leave with Wages[Sec.78-
84(Chapter- VIII)]
• Rules:
1) Leave Entitlement-
One day for every 20/15 days of work performed in case of
adult/Child who has worked for period of 240 days.
2) Computation of Period of 240 days-
The days of lay-off, maternity leave not exceeding 12
weeks,& earned leave in previous year should be
included.
3)Discharge, Dismissal , Superannuation ,death ,
quitting of employment-
He , his heir , nominee as the case may be entitled to
wages.
Page 100

101. 4) Treatment of Fraction of Leave:-
Half day or more is treated as full while less than half is
omitted.
5) Treatment of Un-availed leave:
Should be carried – forward to next calendar year but shall
not exceed 30 in case of an adult & 40 in case of child.
6)Application for leave to be made in writing within
specified time.
7)Scheme for grant of leave.
8)Display of Scheme for grant of leave.
9)Refusal of leave to be in accordance with Scheme
10)Payment of wages to worker for leave period if he
is discharged or if he quits service.
Page 101

102. Wages during leave period[sec.80]
• Worker is entitled to wages at a rate
equal to the daily average of his total
full time earnings for the days on
which he actually worked during the
month immediately proceeding his
leave.
Page 102

103. Penalties under the Act[Sec.92-
106]
Page 103

104. General Penalty for Offences
[Sec.92]
• If there is any contravention of any of
the provisions of the act, the Occupier
& Manager each shall be Guilty &
punishable with
• Imprisonment for a term up to 2
years.
• with a fine up to Rs.1Lack
• or with Both.
Page 104

105. • [Sec.93] further extends, if the
contravention under section 92 continued
after conviction ,they(Manager& Occupier)
shall be punishable with further fine which
may extend to Rs. 1000 for each day on
which contravention is so continued.
Page 105

106. Enhanced Penalty after Conviction
[Sec.94]
• If a person convicted of any offence punishable
under Sec 92, is again guilty involving
contravention of same provision ,he shall be
punishable with
• Imprisonment for a term which may extend to 3
years.
• Or fine which shall not be less than 10000
• Or both.
• If any contravention of provision relating to
safety, has resulted in an accident causing
death /serious bodily injury, Fine shall not Page 106
be

107. Cognizance of
Offences[sec.105]
• No court shall take cognizance of any offence
under this act except on a complaint by or
with the previous section in writing of an
Inspector.
• The complaint shall be filed within 3 months of
the date on which offence comes to the
knowledge of an Inspector. But it can be six
months , if offence consists of disobeying a
written order made by an Inspector.
Page 107

108. Appeal[Sec.107]
• The manager of the Factory or the
Occupier on whom an order in writing
by an inspector has been served,
within 30 days of the notice, can
appeal against it to the prescribed
Authority.
Page 108

109. Display of Notices[Sec.108]
• A notice containing Abstracts of this Act &
the rules made there under and also the
name & address of the Inspector and the
certifying surgeon.
• Shall be in English& Language
Understood by the majority of the workers.
• Convenient Places or near main
Enterance.
Page 109

110. Returns[Sec.110]
• The State Govt. may make rules
requiring Owner , Occupier, Manager
of factories to submit Returns as may
be required.
Page 110

111. Power to make rules & give
directions[Sec.112,113,115]
• (Sec 112) The State Govt. may make rules
providing for any matter which may be
discovered expedient In order to give effect
to the purposes of the act.
• (Sec 113) The central Govt. may also give
directions to the State Govt. as to carrying to
the execution of the provisions of the act.
• (Sec 115) provides for the publication of the
rules made under the act in the official
Gazette.
111
Page 111

112. Restriction on Disclosure of
Information[Sec.118-A]
• Every Inspector shall treat as
confidential the source of any
complaint brought to his notice on the
breach of any provision of this act.
Further he shall not disclose to
manager or occupier that the
inspection is made in pursuance of the
receipt of complaint.
Page 112

113. THANK YOU...
Page 113