Factories Act 1948

1. By
A1355905161
Kumar Supratik
RICS School of Built Environment,
Noida
Sub group – 4, Group – 2
Sec - A

2. Background
 2nd half of 18th century , a period of rapid industrial growth in Great
Britain
 It was total mess, people use to work regardless of time, age, gender
etc
 Initiatives were taken and it came into existence in 1819
 After modifications final Factories Act came into existence in 1948
 India, 1st factories law passed in 1881
 Designed to protect children and to provide measures for health and
safety of the workers
 Applicable to factories with 100 or more workers
 Later modified law came with applicability extending to factories
with 50 or more workers
 Factories act 1948 extends to all of India
 Came into effect from 1st April 1949

3. Factories Act Object And Scope
 This act extends to whole of India
 The main object of this act is to ensure adequate safety
measures and to promote the health & welfare of workers
employed in factories
 The act also make provisions regarding employment of
women & young person (including children & adolescents),
annual leave with wages etc

4. Highlights
 The Factories Act, 1948 came into force on the 1st 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
 Latest amendment in 2014
 106 sections, 11 Chapters

5. Chapter -1, Preliminary
Definitions
 Adult – 18 years and above
 Adolescent – between 15 to 18 years
 Child – Less than 15 years
 Calendar Year – 12 months beginning with 1st Jan
 Competent Person – Any person or an institution recognized by Chief Inspector to
carry out ,Tests, Examinations and Inspections
 Hazardous Process – Any process where raw material, intermediate product, final
product, or bye-product can;
Cause material impairment to the person involved.
Result in pollution of general environment.
 Young Person – A person either child or adolescent
 Day – 24 hours starting from midnight
 Week – 7 days period starting from any midnight as specified

6.  Power – Any form of energy, mechanically transmitted and not produced by any
human or animal agency
 Prime mover - Any engine, motor or other appliance which generates or otherwise
provides power
 Machinery - Prime movers, transmission machinery and all other appliances
whereby power is generated, transformed, transmitted or applied
 Manufacturing Process - 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;
Pumping oil, water, sewage or any other substance or;
Generating, transforming or transmitting power or;
Composing types for printing by letter press, lithography, photogravure or;
Preserving or storing any article in cold storage or;
Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels.

7.  Factories - It means any premises including the precincts there of
- 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
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
 Worker - Person employed, directly or by or through any agency (including a
contractor) with or without the knowledge of the principal employer
 Occupier - Person who has ultimate control over the affairs of the factory

8.  Time of day will be as per IST
 Power to declare different departments to be separate factories or two or
more factories to be a single factory
 National Public Emergency and validity of act and concerned authorities during that
period
 Approval, licensing and registration of factories and the authorities responsible for
the same
 Occupier needs to give notice at least 15 days prior to occupy any premises as
factory
 Inspector and his appointment at different levels and powers lying with those
inspectors to enforce and monitor the proper enforcement of Act
 Certification of Surgeons (Medical Practitioners), processes, regulations and
authorities responsible and authorize to certify
Sec 3 to Sec 10

9. Chapter – 3 HEALTH
Sec 11 –Cleanliness inside premises
Sec 12- Disposal of Waste and Effluents
Sec 13 -Ventilation and Temperature i.e.
Inside Air Quality and Thermal Comfort
Sec 14 – Removal of Dust and Fumes
Sec 15 – Artificial Humidification
Sec 16 – Overcrowding,, number of
persons to be accommodated in any
particular work station
Sec 17 – Lighting provisions
Sec 18 –Pure Drinking Water
Sec 19 –Lavatory for employees
Sec 20 – Provision for Spittoons

10. Chapter – 4 SAFETY
Sec 21 – Fencing of Machineries
Sec 22 - Working on or near
machineries in motion
Sec 23 –Employment of young
persons on dangerous machines
Sec 24 –Striking gear and devices for
cutting off power
Sec 25 – Self acting Machines
Sec 26 – Casing of new machineries
Sec 27 - Prohibition of employment
of women and children near
cotton-openers
Sec 28 – Hoists and Lifts
Sec 29 - Lifting machines, chains,
ropes and lifting tackles

11. Sec 30 – Revolving machineries
Sec 31 – Pressure Plants
Sec 32 – Floors, Stairs ,means of Access
Sec 33 –Pits, sumps, openings in floors, etc.
Sec 34 –Working with excessive loads
Sec 35 – Protection of eyes
Sec 36- Precautions against dangerous
fumes, gases, etc., portable electric light
Sec 37- Explosive or inflammable dust, gas
Sec 38 – Case of Fire
Sec 39-Power to require specifications of
defective parts or tests of stability
Sec 40 – Safety of building and machinery ,
Maintenance of buildings, Safety officers
Sec 41 – Power to make rules to supplement
this Safety guidelines according to this act

12. Chapter–4A PROVISIONS RELATING HAZARDOUS
PROCESSES(41A-41H)
 Constitution of Site Appraisal Committee
 Compulsory Disclosure of Information
 Special Responsibility of the occupier in
relation to Hazardous processes:
 Maintaining accurate and up-to-date health
and medical records of workers exposed to
any chemical, toxic or any other harmful
substances manufactured, stored, handled
or transported
 Appointing qualified, experienced &
compete persons in handling such
substances to supervise handling and for
protecting the workers from the hazard
 Providing for medical examination of every
worker at intervals

13. Chapter 5 - WELFARE
Sec 42 –Washing facilities in
the premises
Sec 43 –Facilities for storing
and drying clothing
Sec 44 – Sitting arrangements
for workers
Sec 45 –First Aid facilities
Sec 46 –Canteen inside
premises
Sec 47 – Shelters, rest rooms,
lunch room etc.
Sec 48 – Crèches inside
premises
Sec 49 – Appointment of
welfare Officers
Sec 50 –Power regarding
supplementing this act

14. Chapter – 6 & 7 WOKING HOURS
Sec 51 to Sec 77 talks about working hours in different context
 Weekly Hours: < 48 hours
 Weekly Holidays : at least 1 holiday in a week , substitute holidays
 Compensatory Holidays
 Daily Hours : < 9 hours
 Intervals for rest : at least half an hour
 Night Shifts

15.  Prohibition of Overlapping Shifts : not more than 2 continuous shift
 Extra wages for overtime : wages at the rate of twice at his ordinary rate of wages
for overtime
 Notice of period of work
Restrictions on employment of Women & Children
 Work between 6 a.m. to 7 p.m. only
 Strictly restriction for women for employment between 10 p.m. to 5 a.m.
 Employment of women in night shift is permitted only in the case some special
provisions

16. Chapter – 8 ANNUAL LEAVE WITH WAGES
(1) Every worker who has worked for a period of 240 days or more in a factory during
a calendar year shall be allowed during the subsequent calendar year, leave with wages
for a number of days calculated at the rate of –
(I) if an adult, one day for every 20 days of work performed by him during the
previous calendar year;
(ii) if a child, one day for every 15 days of work formed by him during the previous
calendar year.

17. Offences & Penalties (sec. 92 to 106)
 Court will 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
Offence

18. 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 labor

21. Thank You