factory act

1. Program: MBA IV
404HR Labour Legislation
Shachi Gupta
Assistant Professor, SOM
Unit No. 1
Factory Act 1948
Session/Lecture No. 1

2. Background Factory Act, 1948
• Indian legislature enacted Act 15, which was the first Act
dealing with Factories
• Further enhanced in 1891 as Act 11, 1911 as Act 12
• In 1929 Royal commission of labour in India was
appointed and it recommended amendments in 1931.
• The object of the act was to reduce working hours,
improve working conditions, provide adequate
inspection and strict observation.
• Later, in 1944 the labour investigation committee
appointed by Govt. of India & the Factory Act 1948 was
established.

3. Introduction
• What is a factory
– A premises whereon 10 or more persons are engaged if
power is used, or 20 or more persons are engaged if
power is not used, in a manufacturing process. [section
2(m)].
• 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 conductive
to their health and safety.

4. Introduction
• 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.

5. Introduction
• The expression "manufacturing process" has been defined in
Section 2(k) to mean any process.
• 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; or
• v) constructing, reconstructing, refitting, finishing or breaking
up ships or vessels; or
• vi) preserving or storing any article in cold storage.

6. Definitions
Section 2 of the Act contains definitions of the terms used in the
Act.
 "Adult" means a person who has completed his eighteenth year
of age [Section 2 (a)]
 "Adolescent" means a person who has completed his fifteen
year of age but has not completed his eighteenth year [Section 2
(b)]
 "Calendar year" means the period of twelve months beginning
with the first day of January in any year [Section (bb)]
 "Child" means a person who has not completed his fifteenth
year of age [Section 2 (c)]
 Young person" means a person who is either a child or an
adolescent [Section 2 (d)]

7. Definitions
Section 2 of the Act contains definitions of the terms used in the Act.
 Day means period of twenty-four hours beginning at mid-night [Section
2 (e).]
 Week means a period of seven days beginning at mid-night on Saturday
night or such other night as may be approved in writing for a particular
area by the Chief Inspector of Factories. [Section 2 (f)]
 Power means electrical energy, or any other form of energy, which is
mechanically transmitted and is not generated by human or animal
agency. [Section 2 (g)]
 Prime Mover means any engine, motor or other appliance, which
generates or otherwise provides power. [Section 2 (h).]
 Transmission Machinery means any shaft, drum, pulley, system of
pulleys, coupling clutch, driving belt or other appliance or device by
which the motion of a prime mover is transmitted to or received by any
machinery or appliance, [Section 2 (i)]

8. Definitions
Section 2 of the Act contains definitions of the terms used in the
Act.
• Machinery includes prime movers, transmission machinery and
all other appliances, whereby power is generated, transformed,
transmitted or applied. [Section 2 (j).]
• Managing Agent has the meaning assigned to it in the Indian
Companies Act, 1913 (VII of 1913). [Section 2 (o)].
• Prescribed means prescribed by rules made by the State
Government under this Act. [Section 2 (p).]
• Relay and Shift means where work of the same kind is carried
out by two or more sets of workers working during different
periods of the day, each of such sets is called a ‘relay’ and each
of such period is called `shift'. [Section 2 (r)].

9. Features of the act
 Health
 Welfare facilities
 Welfare of Children and Young Persons
 Safety
 Working hours
 Employment of young persons
 Annual Leave with wages .
 Penalties and provisions

10. Definition
 Worker is a person The Factories Act, 1948
 i) who is employed;
 ii) who is employed either directly or through any
agency;
 iii) who is employed in any manufacturing process, or in
clearing any part of the machinery or premises used for a
manufacturing process or in any other kind of work
incidental to, or connected with the manufacturing
process or the subject of the manufacturing process.

11. Health
Section 11 to 20 of the Factories Act, 1948, deals with the
provisions relating to the of the workers in a factory.
 Cleanliness (Sec. 11)
 Disposal of Wastes and
Effluents (Sec.12)
 Ventilation and Temperature
(Sec. 13)
 Dust and Fume (Sect. 14)

12. Artificial Humidification (Sec
15)
Overcrowding (Sec. 16):
 Lighting (Sec. 17): There
shall be provided and
maintained sufficient and
suitable lighting, natural or
artificial, or both, in every
part of the factory.
Health
Section 11 to 20 of the Factories Act, 1948, deals with the
provisions relating to the of the workers in a factory.

13.  Drinking water (Sec. 18):
 (a) Arrangements shall be made to provide and maintain sufficient supply of
wholesome drinking water.
 (b) Provision shall be made for cooling drinking water during hot weather by
effective means and for distribution thereof in every factory wherein more than
two hundred and fifty workers are ordinarily employed.
 (c) Examine as prescribed by the authorities of the supply and distribution of
drinking water in factories.
Health
Section 11 to 20 of the Factories Act, 1948, deals with the
provisions relating to the of the workers in a factory.

14.  Toilet (Sec. 19)
 (a) separate enclosed accommodation shall be
provided for male and female workers and
there should be adequately lighted and
ventilated
 (b) they shall be maintained and clean at all
times
 (c) sweepers shall be employed whose primary
duty would be to keep Toilets and washing
places clean.
 Spittoons ( sec.20 )
 There shall be provided sufficient number of
spittoons in convenient places and they shall
be maintained in a clean and hygienic
condition.
Health
Section 11 to 20 of the Factories Act, 1948, deals with the
provisions relating to the of the workers in a factory.

15. Welfare
• Washing facility separately for women and men
• Separate rooms for men and women for drying of
clothes
• Separate rest rooms for men and women
Raghubar Jha

16. • First Aid boxes equipped with prescribed medicines
• Ambulance room where 500 or more are employed
• Canteen for use of workers where 250 or more are
employed (150 under Plantation Labour Act)

17. • Lunch room where 150 or more are employed
• Crèches where 30 or more women are employed
• Appoint welfare officer (s) where 500 or more are
employed (300 under plants)
• Notice of dangerous operations

18. PROHIBITION OF EMPLOYMENT OF YOUNG
CHILDREN ( 67):
• No child who has not completed his fourteenth year
shall be required or allowed to work in any factory

19. EMPLOYMENT OF YOUNG PERSONS
• Working hours for children (1) No child shall be
employed to work, in any factory for more than
four and a half hours in any day;

20. 2. The working time of all children employed in a factory shall be
limited to two shifts
3. No child shall be required or allowed to work in any factory on
any day on which he has already been working in another factory.
4. No female child shall be allowed to work in any factory except
between 8 A.M. and 7 P.M.

21. SAFETY
Fencing of machinery (Sec. 21):in every factory,
the dangerous parts of all machineries should be
securely fenced.

22. Employment of young persons on dangerous
machines Section 23
• provides that young person shall
be allowed to work at any machine
to which he has been fully
instructed
(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 experience of the
machine.

23. • Prohibition of employment
of women and children near
cotton-
openers (Sec. 27):
In any part of a factory
where a cotton-opener is at
work for pressing cotton, no
woman or child shall be
employed.

24. • Hoists and lifts (Sec. 28):
Every hoist and lift shall be of
good mechanical
construction, sound material
and adequate strength,
properly maintained