Factories act 1948

Er. Fire & EHS Syed Najaf ALi
Factories Act, 1948
Syed Najaf Ali Safety Officer as
per the factories act 1948 Sec
40 B

(Section 2) Interpretations
a) ADULT – means a person who has
completed his eighteenth year of age
b) ADOLSECENT – a person who has
completed his fifteenth year of age
but has not completed his eighteenth
year
bb) CALENDAR YEAR – The period of
twelve months beginning with the
first day of January in any year

COMPETENT PERSON – In relation to any provision of this
Act, means a person or an institution recognized as
such by the Chief Inspector for the purposes of carrying
out tests, examinations and inspections required to be
done in a factory under the provisions of this Act,
having regard to
i) the qualification and experience of the person and
facilities available at his disposal or
ii) the qualification and experience of the persons
employed in such institution and facilities available
therein,
with regard to the conduct of such tests, examination
and inspections and more than one person or institution
can be recognized as a competent person in relation to
a factory.

cb) HAZARDOUS PROCESS – means any process or
activity in relation to an industry specified in the First
Schedule where, unless special care is taken, raw
materials used therein or the intermediate or finished
products, bye-products, wastes or effluents thereof
would –
i) cause material impairment to the health of the persons
engaged in or connected therewith, or
ii) result in the pollution of the general environment,
provided that the State Government may, by
notification the Official Gazette, amend the First
Schedule by the way of addition, omission or variation
of any industry specified in the said schedule

e) DAY – A period of twenty-four hours beginning
at midnight
f) WEEK – a period of seven days beginning at
midnight on Saturday night or such other night
as may be approved in writing for a particular
area by the Chief Inspector of Factories.
g) POWER – means electrical energy or any other
form of energy which is mechanically
transmitted and is not generated by human or
animal agency.

h) PRIME MOVER – means any engine, motor or other
appliance which generates or otherwise provided
power.
i) TRANSMISSION MACHINERY – means any shaft,
wheel, drum, pulley, system of pulleys, coupling, clutch,
driving belt or other appliances or device by which the
motion of a prime mover is transmitted to or received
by any machinery or appliance;
j) MACHINERY – includes prime movers, transmission
machinery and all other appliances whereby power is
generated, transformed, transmitted or applied;

k) MANUFACTURING PROCESS
A) 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
B) pumping oil, water, sewage or any other substance
or
C) generating, transforming or transmitting power or
D) composing types for printing, printing by letter press,
lithography, photgravure or other similar process or
book bindings;
E) constructing, reconstructing, repairing, refitting,
finishing, breaking up ships or vessels,
F) preserving or storing articles in cold storage

l) WORKER – a person (employed directly or by or
through any agency, including a contractor)
with or without the knowledge of the principle
employer, whether for remuneration or not, in
any manufacturing process, or in cleaning 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 (but does not include
any member of the armed forces of the Union)

m) FACTORY – means any premises including the
precincts thereof
1) 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
11) 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 of 1952 (35 of 1952) or (a mobile unit
belonging to the armed forces of the Union, a railway
running shed or a hotel, restaurant or eating place.)

n) OCCUPIER – of a factory means the person
who has the ultimate control over the affairs of
the factory, provided that:
i. In the case of a firm or other association of
individuals, any one of the individual
partners or members thereof shall be
deemed to be the occupier,
ii. In the case of a company any one of the
directors shall be deemed to be the
occupier,

iii) In the case of a factory owned or
controlled by the Central Government
or any State Government, or any local
authority, the person or persons
appointed to manage the affairs of the
factory by the Central Government, the
State Government, or the local
authority, as the case may be, shall be
deemed to be the occupier.

Sec 6 & 7
• Registration, Licensing and Approval of
Plans – refer rules
• Sec 7A –
• General Duties of the Occupier – To ensure
safety, health and welfare
• Safe and without risk to health
• Plant and system work
• Workplace
• Safe means of Access and Egress

• Safe use, handling, storage and transport
of articles and substances
• Information, instruction, training and
supervision
• Provision, maintenance or monitoring of
working environment
• Written statement of the general policy
with respect to health and safety

Sec 7B
• General Duties of Manufacturers
• Products
• Safe and without risk to health
• Design
• Manufacture
• Import
• Supply
• Provide information to users for safe
• Use
• Testing
• SEC 9 -Powers of Inspectors

Chapter III - Health
• SEC 11 – Cleanliness
• Daily Sweeping
• Weekly washing with disinfectant
• Painting and varnishing
• White washing and colour washing
• Sec 12 –Disposal of wastes and effluents
• Treatment
• Disposal when innocuous

Sec 13
• Ventilation and temperature
• Adequate ventilation by circulation of fresh
air
• Temp – reasonable conditions of comfort
and prevent injury to health
• SEC 14 – Dust and Fumes
• Interception from the points of origin
• Collection for prevention of inhalation,
accumulation and injury to health
• Condition of I.C. Engine exhaust to outside

Sec 15
• Artificial Humidification to conform to
standards and rules. Use drinking water
only (Rules)
• SEC 16 –
• Overcrowding – 14.2 cu.m (within 4.2 m
height) per worker
• SEC 17 –
• Adequate Lighting as per Indian standard

Sec 18 – Drinking Water
• Wholesome
• Convenient location
• 6 m. away from toilet etc.
• Cooling during summer for >250 workers
• Rules
• SEC 19 – Latrines and urinals
• Prescribed type
• Lighted and ventilated
• Approved by PHE
• Clean and sanitary
• Intervening open space
• Rules

Chapter IV - Safety
• SEC 21 – Fencing of machinery
• Transmission machinery
• Moving parts
• Dangerous parts
• Unless safe by position or Construction
• Rules – Schedules on Jute, Cotton,
Wood working, rubber, Power press,
Shears, Slitters, Guillotines, Centrifugal
machines

Sec 22 – Work on or near Machinery
in Motion
• Trained adult male worker only
• Tight fitting clothing
• Register
• SEC 23 – Employment of young person on
Dangerous machine
• Not to be employed unless
• Fully instructed regarding dangers and precautions
• Sufficient trained in the machine
• Under adequate supervision of an expert
• SEC 25 – Self acting machines
• <45 cm from fixed structures

Sec 28 – Hoists and Lifts
• (Hoist or Lift = platform or cage – movement
registered by guides)
• Construction, material, strength
• Maintained – examined by CP every 6 months
– register
• Hoist enclosure with gate. No entrapping
• SWL
• Gate with interlock
• Double rope or chain
• Support of the cage in case of breakage
• Overrunning

Sec 29 – Lifting Machines, chains,
ropes, etc.
a) Good construction, sound material,
adequate strength, free from defects
b) Properly maintained
c) Thoroughly examined by a competent
person at least once in every period of 12
months
d) SWL, Identification marks register
e) 6m safety distance from crane on wheel
track
LM = crane, crab, winch, pulley block etc
LT = Chain, sling rope, hook, shackle, swivel,
socket etc. used for raising or lowering

Sec 30 – Revolving Machinery
• Safe working peripheral speed
• Notice
• SEC 31 – Pressure plant
• Operation within safe working pressure
• Properly designed, construction, sound material,
adequate strength, free from patent defect
• Maintained in a safe condition
• Thorough examination
• Before first use or repair
• External (6 monthly)
• Internal (yearly)
• Hydro (4 yearly)

Sec 32 – Floors, stairs, means of
access
• Sound construction & properly
maintained
• Free from obstruction and substances
likely to cause persons to slip
• Safe means of access to every place of
work
• Prevention of fall from a height
• SEC 33 – Pits, sumps, openings in floors
etc.
• Cover
• fencing

Sec 34 – Excessive weights
Class of Worker
a) Adult Male
b) Adult Female
c) Adolescent Male
d) Adolescent
Female
e) Male Child
f) Female Child
Maximum Limit
 55 kg.
 30 kg
 30 kg
 20 kg
 16 kg
 14 kg

Sec 35 – Protection of eyes
• From dust
• From exposure to rays
• SEC 36 – precaution against dangerous fumes,
gases etc.
• No entry into any chamber, tank, vat or other
confined space unless
• Provided with a manhole of at least 406 mm dia
• Tested by a C.P. to ensure that there is no
dangerous gas etc.
• Gas, fume, dust etc has been removed and further
ingress prevented
• Breathing apparatus, safety belts, rope held by
another person from outside

Sec 36 A – Use of portable electric
light in confined space
• Voltage not exceeding 24 v
• Flame proof construction
• SEC 37 – Explosives or flammable gas, dust
etc.
• Effective enclosure for plant, machinery and process
• Removal or prevention of accumulation
• Exclusion or enclosure of all sources of ignition
• Explosion relief, vent etc.
• Before opening any plant containing explosives and
flammable gas under pressure, close valve, reduce
pressure, stop further ingress
• No heating without purging – no further ingress
unless cooled

Sec 38 – Precautions in case of fire
• Prevention of outbreak and spreading
• Fire exit
• Fire Fighting equipment
• Fire drill and training
• Precautions against Lightning
• Fire Load
• CIF may order for additional measures as
may be necessary

Sec 39, 40 and 40A
• Special power of inspectors
• Inspector may issue order
• Asking for further specification and information
regarding building, plant or machinery (39)
• To carry out such tests as may be necessary (39)
• Specifying measures for ensuring safety and
requiring them to be carried out before a specified
date (40)
• Prohibiting further use until repaired or altered (40)
• Such repair of building to be carried out before a
specified date (40A)

Sec 40B Safety Officer
a) Wherein 1000 or more workers are ordinarily employed
or
b) Wherein in the opinion of the State Government, any
manufacturing process or operation is carried on, which
process or operation involves any risk of bodily injury,
poisoning or disease or any other hazard to health, to
the person employed in the factory
• The occupier shall, if so required by the State Government by
notification in Official Gazette, employ such number of Safety
Officers as may be specified in that notification
• Section 41 - Rules were made for ovens, driers,
reaction vessels, kettles etc.

Chapter IVA: Hazardous Process
• SEC 41A – Site Appraisal Committee
• For factories involving hazardous process – for new
factory and expansion
• SEC 41B – Compulsory Disclosure of
Information
• Regarding dangers and health hazards arising out of
manufacture, storage, transportation and handling of
hazardous chemicals and preventive measures
thereof – to
• Workers,
• CIF,
• Local Authority and
• General Public

• Safety and health policy
• CIF
• Local Authority
• Waste – quantity, specification, characteristics
and methods of disposal to workers, CIF, Local
Authority and General Public
• Onsite emergency plan – disaster control
measures to be approved by CIF
• Workers
• General Public

• To inform CIF 30 days before
commencement of hazardous process -
• cancellation and penalty for failure
• Occupier to lay down measures for
handling, usage, transport, storage and
disposal of hazardous substances.
• To inform workers and General Public

Sec 41C – Special Responsibility of
the Occupier
i. Update health records of exposed workers
– Accessible to workers
ii. Competent supervisor for handling hazardous
substances and facilities for protecting workers
iii. Pre-employment and periodical medical
examination of workers at an interval not
exceeding 12 months even after ceasation of
work in hazardous process.

Sec 41D
• Power of Central Government to appoint
Inquiry Committee
• SEC 41E –
• Emergency Standards
• SEC 41F –
• Permissible limits of exposure of chemical
and toxic substances –
• IInd Schedule

Sec 41G –
• Workers’ participation in Safety Management –
Constitution of Safety Committee
• SEC 41F – Right of Workers to warn about
imminent danger
i. Workers may inform about imminent danger to
occupier, manager or in-charge of the factory
directly or through safety committee – may
also inform I.F.
ii. Occupier and manager to take action and
notify I.F. If not satisfied about the existence of
danger, they must refer to I.F. whose decision
shall be final.

Chapter V - Welfare
• SEC 42 –
• Washing facilities
• SEC 43 –
• Facilities for storing and drying clothing
• SEC 44 –
• Facilities for sitting

SEC 45 – First Aid Appliances
i. One box per 150 workers, accessible,
available during work hours, in charge of
a trained, responsible and available
person
ii. Ambulance room wherein more than 500
workers are ordinarily employed, medical
and nursing staff available during
working hours
iii. Contents as prescribed in the rules

Sec 46 - Canteen
• Wherein more than 250 workers are
ordinarily employed, a canteen or
canteens shall be provided and
maintained by the occupier for the use of
the workers
• Particulars of the canteen and constitution of
the managing committee as per rules
prescribed by the state government.

Sec 47 – Shelter, Rest Room and
Lunch Room
• Wherein more than 150 workers are
ordinarily employed, adequate and
suitable shelters or rest rooms and a
suitable lunch room with provision for
drinking water shall be provided and
maintained for the use of the workers.
• Shall be sufficiently lighted and ventilated
and shall be maintained in a cool and clean
condition.

Sec 48 - Creches
• Wherein more than 30 woman workers are
ordinarily employed, there shall be provided
and maintained a suitable room or rooms for
the use of children under the age of six years of
such women.
• Shall provide adequate accommodation
• Shall be adequately lighted and ventilated
• Shall be maintained in a clean and sanitary condition
• Shall be under the charge of a woman trained in the
care of children and infants
• Standards in respect of construction and location
and provision of facilities as per rules prescribed by
the state government

Sec 49 – Welfare Officers
• Wherein 500 or more workers are
ordinarily employed, the occupier shall
employ in the factory such number of
welfare officers as may be prescribed.
• Duties, qualifications and the conditions
of service of officers employed as per
rules prescribed by the state government

Chapter VI – Working Hours of
Adults
• SEC 51 – Weekly Hours
• No adult worker shall be required or allowed
to work in a factory for more than 48 hours in
any week
• SEC 52 – Weekly Holidays
• No adult worker shall be required or allowed
to work in a factory on the first day of the
week unless
a) He has or will have a holiday for a whole day on
one of the three days immediately before or after
the said day
– Provided that no substitution shall be made which will
result in any worker working for more than 10 days
consecutively without a holiday for a whole day

Sec 53 – Compensatory Holidays
• When a worker is deprived of any of the
weekly holidays, he shall be allowed
within the month in which the holidays
were due to him or within the 2 months
immediately following that month,
compensatory holidays of equal number

Sec 54 – Daily Hours
• Subject to the provision of Sec 51, no
adult worker shall be required or allowed
to work in a factory for more than 9 hours
in any day
• May be exceeded in order to facilitate
change of shift, subject to the previous
approval of the CIF

Sec 55 – Intervals for Rest
• The periods of work of adult workers in a
factory each day shall be so fixed that no
period shall exceed five hours and that no
worker shall work for more than five
hours before he has had an interval for
rest of at least half an hour.
• May be exempted up to six hours subject to
the approval of the State Government/CIF

Sec 56 – Spread over
• The periods of work of an adult worker in a
factory shall be so arranged that inclusive of his
intervals for rest under section 55, they shall
not spread over more than ten and a half hours
in any day
• Provided that the CIF may, for reasons to be
specified in writing increase the spread over up to
twelve hours.
• Sec 57 – Night Shifts
• Sec 58 – Prohibition of Overlapping Shifts

Sec 59 – Extra wages for Overtime
• Where a 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.
• Sec 60 – Restriction on double employment
• Sec 61 – Notice of periods of work for adults
• Sec 62 - Register of adult workers

Sec 63 – Hours of work
• To correspond with notice under Sec 61 and register
under Sec 62
• Sec 64 – Power to make exempting rules.
• State Government may make rules
i. Define and exempt persons holding positions of supervision or
management or employed in a confidential position
ii. Exemption for urgent repair, continuous process, articles for
prime necessity, seasonal factories, boilers, newspapers,
loading and unloading etc. subject to:
a) The total number of hours of work in any day shall not exceed ten
b) The spread over, inclusive of intervals for rest, shall not exceed 12
hours in any day
c) The total number of hours of work in a week, including overtime,
shall not exceed 60.
d) The total number of hours of overtime shall not exceed 50 for any
one quarter.

Sec 65 – Power to make Exempting
Orders
i. Power of state government to relax or modify Sec 61
ii. State Government/ CIF may exempt from Sec 51, 52,
54 and 56 to deal with exceptional pressure of work
subject to:-
i. The total number of hours of work in any day shall not exceed
12
ii. The spread over, inclusive of intervals for rest, shall not
exceed 13 hours in any one day
iii. The total number of hours of work in any week, including
overtime, shall not exceed 60
iv. No worker shall be allowed to work overtime, for more than
seven days at a stretch and the total number of hours of
overtime work in any quarter shall not exceed 75.

Sec 66 – Further restriction on employment
of women
a) No exemption from Sec 54
b) No work between 7 pm and 6 am
a) State Government may exempt but not
between 10 pm and 5 am
c) No change of shift except after weekly
holiday or other holiday
d) Exemption Rule may be made by the
State Government
• CHAPTER VII – Employment of Young
Persons

Chapter VIII: Annual Leave with
Wages
• SEC 79 – Annual leave with wages
i. 240 days per calendar year
i. Following year : 1 day for every 20 days of work for adult
and 1 day for every 15 days of work for child
ii. Lay off, maternity leave and previous year’s leave to
be included for computing 240 days
iii. All holidays excluded
iv. Mid-year joining (if worked for 2/3 of the total
number of days in the remainder of the calendar
year) on pro-rata basis
i. Mid year leaving on pro-rata basis
v. Discharge, dismissal or quitting – payment within 2nd
working day from the date

vi. Superannuation of death – payment within 2
months
vii. Half day and above to be treated as one day
viii. Carrying forward to next year – maximum 30
days for adults and 40 days for child
i. In case of refusal of leave, refused leave may
accumulate without limit
ix. 15 days notice or 30 days for public utility
services – 3 times a year
i. Not to be refused by management unless a roster is
in existence

x. No notice required for covering a period of illness.
Payment within 15/30 days of the date of application
xi. Roster to be made in consultation with the works
committee/ unions – to be submitted to CIF
xii. Un-availed leave can not be considered for
computing period of notice before discharge or
dismissal
• Sec 85 – Power to apply the act to certain premises
• Sec 86 – Power to exempt public institution
• Sec 87 – Dangerous Operations – Rule 94 – 31
Schedules

Sec 87A – Power to prohibit
employment
a) In case of serious hazard to workers or public
– I.F. may order prohibiting employment other
than the minimum necessary for removal of the
hazard
b) Order effective for 3 days, unless extended by
CIF
c) Aggrieved occupier may go to High Court
d) Persons affected by the order entitled to full
wages. Occupier to provide alternative
employment, if possible

Sec 88 – Notice of Accident
a) Notice in Form no. 18 to be sent to I.F., D.M. and
Commissioner for Workmen’s compensation (Rule
95)
b) Reportable accident if disabled for 48 hours (Rule
96)
c) Fatal or serious accident to be reported forthwith
by telephone, telegram or messenger, followed by
a formal report on Form No. 18, marked “Serious”
or “Fatal”. In case of a fatal accident, Local Police
Station should be informed (Rule 95)
d) Supplementary Report (Rule 97)
e) Site of fatal accident to be kept undisturbed for 3
days (Rule 98)

Sec 88A – Notice of Dangerous
Occurrence
a) Bursting
b) Explosion
c) Fire
d) Leakage of molten metal or hot liquid or gas
e) Collapse or serious accident to plant,
machinery, hoist, lift, lifting machine and tackle,
overturning of cranes
f) Collapse or subsidence of any building
structure, bridge, roof, tunnel, chimney etc.
g) Rule 99 – report within 5 hours to I.F. and D.M.
followed by report in Form No. 19

Sec 89 – Notice of certain diseases
or poisoning
a) Any disease under IIIrd schedule – Manager to
report in Form No. 20 to CIF and CS
b) Medical practitioner to report in writing, giving
details to CIF. Penalty for default Rs. 1,000/-
c) After confirmation of the IIIrd schedule disease.
Medical Practitioner’s fees to be paid by CIF and
recovered from the occupier
• Sec 90 – Power to direct enquiry into cases of
accident or disease
• Sec 91 – Power to take samples
• Sec 91A – Safety and Occupational Health Service

Sec 92 - Penalty for Offences
a) For specific contravention: imprisonment for two
years/ fine up to Rs. 1,00,000/- or both
b) For continued offence after conviction: Rs. 1000/-
as additional fine for each day
c) For contravention of Chapter IV or Sec 87 or any
rules there under resulting into a fatal accident –
minimum Rs. 25,000/-
– Resulting into a serious accident: Rs. 5000/- minimum.
– Serious bodily injury = permanent partial disablement, major/
compound fracture of bones (simple fracture of phalanges of
hand and foot excluded)
– Sec 93 – Liability of owner of premises in
certain circumstances

Sec 94 - Enhanced penalty after
previous conviction
a) Imprisonment for 3 years or fine which shall not
be less than Rs. 10,000/- but which may extend
to Rs. 2,00,000/- or with both
b) Contravention of Chapter IV or Sec 87 or rules
there under resulting into
• Death – Rs. 35,000/- minimum
• Serious Accident – Rs. 10,000/- minimum
• Note: Conviction more than 2 years before excluded

Sec 95 – Penalty for Obstructing
Inspector
• 6 months or Rs. 10,000/- or both
• Obstruction means willful obstruction,
failure to provide registers, documents,
preventing workers from appearing, etc.
• Sec 96 – Penalty for wrongfully
disclosing results of analysis under
Sec 91

Sec 96A – Penalty for Contravention
of Sec 41B, 41C, 41H
a) Imprisonment for 7 years and fine Rs. 2,00,000/-
b) Continued Contravention: Additional fine Rs. 5,000/- for
every day
c) If continued beyond one year after conviction:
imprisonment for 10 years
• Sec 97 – Offences by workers
• Rs. 500/- occupier and manager not guilty for the
same contravention, unless otherwise his failure is
proved
• Sec 103 – Presumption of employment
• Anybody found inside the factory, except during rest
interval is a WORKER

Sec 108 – Display of Notices
• Sec 110 – Returns
• Sec 111 – Obligation of workers
• Shall not willfully
• Interfere with or misuse any appliance,
convenience, etc. provided for health,
safety or welfare
• Do anything to endanger himself or others
• Neglect to use any appliance provided for
health and safety

Sec 111A – Rights of Workers
i. To obtain from occupier information
relating to health and safety at work
ii. To get trained
iii. Represent before I.F. about lapses of the
management

Thank You

Factories act 1948

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Factories act 1948