A full detail about Factories Act

1. FACTORIESACT1948
BY
SABARINATH SURYAPRAKASH

2. History
In great Britain, the second half of the 18th century, there
was a rapid growth of industrial towns & factories.
As it was started without planning, they employed the
women as well as their children in factories who needed
to work for more than 12 hours a day.
Some of the employees took initiative to implement
labour legislations, Factories Act came into existence in
1819.
After some modifications, the final amended of Factories
Act took place in 1948.

3. OBJECT & SCOPE OF ACT
• The main objective of Factories Act, 1948 is to ensure adequate
safety measures and to promote the health and safety and
welfare of the workers employed in factories. The act also makes
provisions regarding employment of women and young persons
(including children & adolescents), annual leave with wages etc.
• The Act extended to whole of India including Jammu & Kashmir
and covers all manufacturing processes and establishments
falling within the definitions of “factory” as defined u/s 2(m) of the
act. Unless otherwise provided it is also applicable to factories
belonging to Central/State Government (section 116)

4. SOME IMPORTANT DEFINITIONS
• Factory” is defined in section 2(m) of the Act. It means any premises
including the precincts thereof-
a) Whereon 10 or more workers are working, or were working on any day
of the preceding 12 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
b) Whereon 20 or more workers are working, or were working on any day
of the preceding 12 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.

5. • "adult" means a person who has completed his fifteenth year of age;
• "adolescent" means a person who has completed his fifteen year of age but has not
completed his eighteenth year;
• "calendar year" means the period of twelve months beginning with the first day of
January in any year;]
• "child" means a person who has not completed his fifteenth year of age;
• "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 qualifications and experience of the person and facilities available at his
disposal; or
(ii) the qualifications and experience of the persons employed in such institution
and facilities available therein,

6. • "worker" means a person 2*[employed, directly or by or through any agency (including a contractor)
with or without the knowledge of the principal 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 1*[but does not include any
member of the armed forces of the Union];
DAY: means a period of 24 hours beginning at midnight;
WEEK: means a period of 7 dayz beginning at midnight on Saturday night
CALENDAR YEAR: means the period of 12 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;

7. • Welfare officers:
Welfare officers. (1) In every factory wherein five hundred or more workers are
ordinarily employed the occupier shall employ in the factory such number of welfare
officers as may be prescribed.
(2) The State Government may prescribe the duties,
qualifications and conditions of service of officers employed under sub-section (1).
• Safety officers:
wherein, in the opinion of the State Government, any manufacturing process or
operation is carried on with thousand or more workers, which process or operation
involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to
the persons employed in the factory, the occupier shall, if so required by the State
Government by notification in the Official Gazette, employ such number of Safety
Officers as may be specified in that notification.
(2) The duties, qualifications and conditions of service of Safety Officers shall be
such as may be prescribed by the StateGovernment.]

8. Duties of an Occupier
• General duties of occupier are:
a. Occupier must ensure the health, safety and welfare of all workers
while they are at work in the factory.
b. occupier must ensure that the factory should be safe and without any
risk.
c. the equipments in the factory should be as arranged which avoid
accidents and is risk free

9. Offences
•A court can take cognizance of the offence only
when the complaint is made within 3 months of the
date on which the alleged commission of the
offence came to the knowledge of the inspector, but
where the offence consist of disobeying a written
order made by an Inspector, complaint may be
made within 6 months of the commission of the
offence

10. Penalties
General penalties for offence
Penalty for the contravention of Provisions Relating to Hazardous process
Penalty for obstructing Inspector
Penalty for wrongfully Disclosing Results of Analysis
Penalty relating to casing of new machinery
Penalties for Offences by workers & Parents
Penalty for offence by a medical practitioner
Penalty for employing child labour

11. Penalties
• When a factory disobey the provisions of Factories Act or of any rules made under factories act,
the occupier or manager of the factory shall be guilty of the offence and is charge with
imprisonment for a term which may extend to two years or with fine which may extend to one
lakh rupees or with both, and if the contravention of the rule is continued after conviction, a
further fine is imposed which may extend to one thousand rupees for each day on which the
contravention is so continued.
When disobedience has resulted in an accident causing death or serious bodily injury, the fine
shall not be less than twenty-five thousand rupees in the case of an accident causing death, and
five thousand rupees in the case of an accident causing serious bodily injury.

12. The power of an Inspector
• Powers of an inspector are:
a. make examination of the premises, plant, machinery, article or substance;
b. inquire about any accident or dangerous occur in the factory
c. ask for the production of any prescribed register or any other document relating to the
factory or seize, or take copies of, any register, record or other document which he may consider
necessary in respect of any offence under this Act,
d. direct the occupier that any premises or any part thereof, or anything lying therein, shall be
left undisturbed for so long as is necessary for the purpose of any examination.

13. THANK YOU