The document summarizes key provisions of the Factories Act passed in India between 1881-1948 to regulate working conditions and protect worker welfare and safety. The first act in 1881 applied to factories with 100+ workers and included some health and safety measures for child workers. Subsequent acts expanded coverage, restricted child labor, and set limits on work hours for adults and children. The 1948 act incorporated ILO conventions and has comprehensive provisions regarding health, safety, welfare, working hours and employment of young persons to improve factory conditions in India.

2. First Factory Act passed in 1881,
• Applicability –100 or more workers
• To protect Children - Few Health
and Safety Measures
Second Factories Act - 1891
• Applicability- 50 or more workers
• Children below 9 years - prohibited
• Children below 9 to 14 years -
Working hours: 7 hrs / day
• Children and Women - Prohibited in
Night Shifts

3. Third Factories Act - 1911
• Applicability -50 or more workers
• Children working hours: 6 hours
/ day
• Adult working hours: 12 hours /
day - 1 hour rest interval
• Children and Women - Prohibited
in Night Shifts
• Inspection made stringent.

4. Fourth Factories Act - 1922
• Applicability -20 or more workers
with power
• 100 or more workers - Provincial
Government can enforce.
• Adult working hours: 11 hours /
day - 60 hours / week
• 1 hour rest interval after 6 hours
• 1 day weekly off.
• OT Hours - Double wages

5. Fifth Factories Act - 1934 [Enacted after the report of Royal
Commission on Labour - Whitely commission 1929 - 31]
• Seasonal Factories working hours: 11 hours / day & 60
hours / week
• Perennial Factories working hours: 10 hours / day & 54
hours / week
• Children: 12 to 15 years working hours: 5 hours / day
• Women working hours: 10 hours / day - Night Prohibited.
• Overtime: 1.5 times wages
• Provisions for Health, Security, Rest House, Cradles, First
Aid, etc.
1946 Amendment
• Working hours: 9 hours / day and 48 hours / week
• Seasonal 10 hours / day and 54 hours /week
• Overtime: Double wages
1947 Amendment
• Canteen more than 200 workers

6. Sixth Factories Act -1948 (Present Act)
• ILO Conventions on Industrial Hygiene incorporated.
• Comprehensive Act to protect the Labour in Industries
• Detailed Health Safety and Welfare Provisions Important
Salient Features
• Distinction between seasonal and perennial factories
removed.
• Act extended to all factories with power 10 or more workers
and without power 20 or more workers
• State Government powers to notify factories - 85(i)
• Detailed Provisions regarding health, safety and welfare of
the workers Improved working conditions
• Detailed Provisions for working hours / holidays / leave /
leave with wages / overtime wages, etc.
• Separate provisions for employment of young persons
(Children and Adolescents)
• Children below 14 years prohibited.

7. Extends to
whole of
India.
Came
inforce
w.e.f. 1.4.49
An Act to regulate health,
Safety, Welfare and conditions
of work for workers in a
factory.

8. This Act contains characters of
British & American Factories
Act & considered as one of the
best, balanced & well-matured
Acts in the world.
Provisions are very good, competitive
with technology, implementation still
needs improvement.
If Acts implemented properly industrial
relations, Production & productivity
improves, lesser IR problems, lesser
accidents & litigations.
FACTORIES ACT IS A PENAL STATUTE /
WELFARE LEGISLATION

9. Legal
Definitions

10. ADULT
•+18 yrs
ADOLESCENT
•+15-18 yrs
CHILD
•+14-15 yrs
Young persons
•Either child or
adolescent.

11. (ca). Competent person (1987 Amend):-
One or more persons/ institutions
recognised as such by Chief
Inspector for purposes of carrying
out tests, examinations &
inspections to be done in a factory
under this Act, possessing
qualifications, experience &
competency to carryout such tests.

12. (cb) Hazardous process (1987 Amend):-
Any process or activity in relation to
an industry specified in First
schedule, where unless special care
is taken, raw materials, intermediate,
finished or bye products, wastes or
effluents would cause material
impairment to the health of persons
engaged or connected therewith or
result in pollution of the general
environment.

13. (bb). Calendar Year:-
Period of 12 months beginning 1st January
every year.
(e) Day:-
Period of 24 hrs beginning at mid night.
(f) Week: -
Period of 7 days beginning at midnight on Saturday
night or other night as approved in writing by CIF
for particular area.

14. (k) Manufacturing Process:-
Any process for making, altering, repairing,
ornamenting, finishing, packing, oiling, washing,
cleaning, breaking, demolishing, treating or adapting
any article or substance with a view to its use, sale,
transport, delivery or disposal pumping oil, water,
sewage, or other substance generating, transforming
or transmitting power etc.
(l). Worker: -
A person employed, directly or through any agency
including a contractor, with or without the knowledge
of principal employer-whether or not, in any
manufacturing process or in cleaning of any part of
machinery or any work incidental to or connected with
manufacturing process, but doesn’t include any
member of the armed forces of the Union.

15. (m) Factory:
Any premises including precincts thereof.
In any part of which manufacturing process is
going on.
Where ten or more workers are working with aid of
power or 20 or more workers are working without
aid of power.
(n) Occupier:
Person who has ultimate control over the
affairs of the factory.

16. Sec IV -
Power to declare different departments to be
separate factories or two or more factories to be a
single factory.
(7) Notice by occupier:
15 days before occupying any place as a factory to
Chief Inspector of Factories giving all details.

17. (Sec 7A) (1987 Amend)
General duties of occupier:-
Every occupier shall ensure health,
safety & welfare of all workers at
work to the extent reasonably
practicable.
Prepare a written statement of
general policy for health and safety
of workers at work, and inform all
workers.

18. Sec 7B (1987 Amend)
General duties of manufacturers etc., as
regards articles and substances for use in
factories:-
Every person who designs manufactures,
imports, or supplies any article for use in any
factory shall ensure the article designed and
constructed is safe and without risks to health
of workers, when properly used.
Where article designed or manufactured outside
India, obligatory or part of Importer to see, article
confirms to Indian standards. If outside country
standards higher, the article confirms such higher
standards.

19. Inspectors – (Sec 8):-
CIF, Dy. CIF, and other Inspectors by
notification in Official Gazette.
Every Distt. Magistrate shall be Inspector for
his Distt.
Powers to Inspectors (Sec 9)-
Enter, examine, enquire premises & persons,
seize / take copies of registers - direct
occupier.
Certifying Surgeons (Sec 10):
By State Govt. appointed.

20. III. Health Provisions
11. Cleanliness:
Every factory to be kept clean, free from
effluvia.
12. Disposal of wastes and effluents:
Effective arrangements.
13. Ventilation & Temperature:-
Adequate ventilation by circulation of fresh
air, temperature reasonable to prevent injury
to health of workers.

21. III. Health Provisions
14. Dust and fume:
Effective measures to prevent inhalation &
accumulation in work room, use exhaust if
required.
15. Artificial humidification:
Increase humidity of air artificially if required.
16. Over Crowding:-
Not allowed, space earmarked for each worker
[14.2 m3 space for each worker minimum]

22. III. Health Provisions
17. Lighting:
Suitable & sufficient lighting natural and artificial or both.
18. Drinking water:
Effective arrangement for supply of whole-some drinking
water at convenient points, marked as Drinking water in
language understood by workers.
No point situated within 6 meters of any washing place,
urinal, latrine, spittoon, open drain carrying sludge or effluent
or other source of contamination.
19. Latrines & Urinals:
Sufficient latrines and urinals of sanitary type where number
of workers 250 or more separately for man and female
workers. @ One for every 25 workers.
20. Spittoons: Sufficient number at convenient places, kept in
clean and hygienic conditions, workers to use them, any
contravention fine upto Rs. 5/=.

23. Every moving part, fly wheel connected to prime
mover to be properly fenced by safeguards of
substantial construction.
Examination or operation to be carried out by specially
trained adult male workers wearing tight-fitting clothing
(Supplied by occupier). No woman or young persons
allowed to clean, lubricate or adjust any part of primer
mover or transmission machinery.
Not required or allowed to work unless fully instructed/
trained or under adequate supervision of an experienced
person.
21. Fencing of machinery:-
22. Work on or near machinery in motion:-
23. Employment of young persons on dangerous machines:-
IV. SAFETY

24. 24. Striking gear and devices for cutting off
power:-
Efficient mechanical devices and locking
systems for safety to prevent accidental
starting of transmission machinery or other
machines.
25. Self Acting machines:-
Traversing part inward/ outward limit not
less than 45cms from any fixed structure for
safety.

25. 26. Casing of new machinery:-
Effectively guarded / sunk or encased,
wheels, shafts prevent danger.
28. Hoists and lifts:-
of good mechanical construction sound
material & adequate strength, properly
maintained & periodically examined (every 1
year) by competent person & record
maintained. Hoist way & lift way sufficiently
protected, enclosures fitted with gates,
maximum safe working load indicated & not
exceeded.
27. Prohibition of employment of women and
children near cotton openers.

26. 29. Lifting machines, chains ropes and lifting
tackles of good construction.
30. Revolving machinery:-
Notice indicating maximum safe working peripheral
speed to be fixed and not to be exceeded.
31.Pressure Plant:-
Any plant or equipment operated above
atmospheric pressure. Effective measures taken to
ensure safe working pressure not exceeded.
32. Floors, Stairs & means of access:- of good
construction.

27. 33. Pits, sumps, opening in floors etc.,-
Securely covered or fenced.
34. Excessive weights:-
No person shall carry excursive weight likely to
cause him injury.
Adult male
+18 yrs
55 kg Max
Adult female
+18 yrs
30 kg Max
Adolescent male
+15-18 yrs
30 kg Max
Adolescent female
+15-18 yrs
20 kg Max
Child male
+14-15 yrs
16 kg Max
Child female
+14-15 yrs
13 kg Max

28. 35. Protection of eyes:-
Effective screens/ goggles to be provided where risk of
injury to eyes from particles, fragments or exposure to
excessive light.
36. Precaution against dangerous fumes, gases etc.,-
No person required/ allowed to enter any chamber, tank, vat,
pit, pipe-line or confined space in factory where any gas,
fume, vapour, or dust likely present, unless provided with
manhole or means of egress, after getting certificate from
competent person.
36-A.Precautions regarding use of portable electric light-
Not to exceed 24 volts in confined space.
37. Explosive or inflammable dust, gas etc.,-
Practicable measures taken to prevent ignition or explosion
by effective chokes preventing their accumulation.

29. 38. Precautions on case of fire-
All practicable measures taken to prevent out
break of fire & its spread both internally/ externally,
providing safe means of escape, necessary
equipment & facilities for extinguishing fire.
Workers trained to escape. Emergency gates to be
marked & not locked.
39. Power to require specifications of defective
parts or tests of stability- if required by inspector,
occupier to furnish details of drawings etc., of
buildings, plant, machinery.
40. Safety of Buildings and machinery- To inspect
by occupier.
40. A. Maintenance of Buildings-
If any part of factory / building in state of despair,
restrict its use by order to occupier.

30. 40. B. Safety officers-
(i) In every factory, wherein 1000 or more workers
employed in manufacturing process shall appoint
safety officers in required number.
(ii) 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 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 State Government.

31. ORGANISATIONAL STRUCTURE OF SAFETY
DEPARTMENT
OCCUPIER
CHIEF SAFETY OFFICER
PERSON WHO HAS ULTIMATE CONTROL OVER AFFAIRS OF
THE FACTORY.
DEPARTMENTAL HEAD DIRECTLY REPORTING TO THE
CHIEF EXECUTIVE OF THE FACTORY.
SAFETY OFFICERS
APPROPRIATE STATUS TO ENABLE THEM TO DISCHARGE
THEIR DUTIES EFFECTIVELY

32. TO ADVISE & ASSIST THE FACTORIES MANAGEMENT
IN THE FULFILLMENT OF ITS OBLIGATION STATUTORY
OR OTHERWISE CONCERNING PREVENTION OF
PERSONAL INJURIES & MAINTAINING SAFE &
HEALTHY WORKING ENVIRONMENT

33. In order to strengthen the system of self-regulation, the
present requirement regarding appointment of Safety
Officers needs to be amended. All factories employing 500
and above workers should be required to appoint Safety
Officers.
The functioning of safety officers in factories is also not
very satisfactory. In most of the factories, the safety
officers are not given the status of the Head of the
Department. As a result, the recommendations and
suggestions made by safety officers in order to improve
the status of safety and health in factories are not given
due weightage.
2.6.3.1 Appointment of Safety Officers
REPORT ON OCCUPATIONAL SAFETY AND
HEALTH OF THE TENTH FIVE YEAR PLAN
(2002-2007) GoI PLANNING COMMISSION

34. 2.6.3.3 Safety Audit in factories
For an objective and independent assessment of the OSH
status in a top-tier MAH factory, the system of independent
safety audit has been statutorily introduced through an
amendment of the MSIHC Rules in 1994 by the MoEF as
well by notification of Major Accident Hazards Control
Rules by certain state governments. Considering the
limitations of an inspection carried out by an Inspector,
particularly of a hazardous unit, in a short span of time
available to him, an independent safety audit by a team of
experts spread over a few days would no doubt be in-depth
and comprehensive and reveal the improvements needed
in OSH system.

35. V- Provision relating to Hazardous Processes (1987 Amend).
41. A
State Govt. to appoint to grant permission for hazardous process
factories
1. CIF- Chairman.
2. Representative from Central & State Water & Air Pollution
Control Boards (4).
3. Representative of Deptt. of environment of State.
4. Representative-Meteorological Govt. of India.
5. An expert from occupational health.
6. A representative Town Planning Deptt. State Govt. not more than
5 members co-opted by State Govt.
7. A scientist with specialized knowledge of hazardous process.
8. Representative of local authority in whose jurisdiction factory
established.
9. Not more than three persons deemed fit by State Govt./ Examine
& recommend within 90 days of proposal or ask more information.
Constitution of Site Appraisal Committees

36. V- Provision relating to Hazardous Processes (1987 Amend).
41.D
41.C
41.E
41.G
41. H
Right of workers to warn about imminent danger-
where workers apprehend danger.
41.B
41.F
Compulsory disclosure of information by occupier of
Hazardous processes & dangerous operations
Prepare Detailed disaster Plans & made known to all.
Specific responsibility of occupier in relation to
hazardous processes.
Power of Central Govt. to appoint Inquiry Committee-
in extra ordinary situations.
Workers participation on safety management-
Bipartite safety committees obligatory in factory
involving hazardous processes.
Permissible limits of exposure of chemicals and
toxic substances- 2nd schedule (TLV).
Emergency standards- for hazardous processes by
DG, Factory Advice Service & Labour Institutes (DG-
FASLI) if no standards laid down.

37. 42. Washing facilities.
43. Facilities for storing and drying clothing.
44. Facilities for sitting.
45. First Aid Appliances. 500 or more workers- Ambulance Room.
46. Canteens- 250 + workers = Subsidised canteen.
47. Shelters, rest rooms and lunch Rooms- for workers.
48. Creches – Where 30 + women workers employed.
49. Welfare Officer- Where 500 + workers
VI. Welfare :

38. 51. Weekly- Not more than 48 Hrs
54. Daily – Not more than 9 Hrs
52. Weekly Holidays- 1st day of week.
53. Compensatory Holidays- in exempted factories.
59.Extra wages for overtime: double the rate for
more than 9 hrs work a day or 48 hrs in a week.
62. Register for Adult workers.
VI.Working Hrs.

39. Urgent repair - Daily –Not more than12 Hrs
Preparatory work - Spread over- Not more than 13 Hrs
Intermittent work - weekly – Not more than 60 Hrs
Technical reasons - OT- maximum 75 Hrs/qtr
Restrictions on employment of women – not allowed except
between 6:00 AM & 7:00 PM.
64. Power to make exempting Rules.
Urgent repair - Daily – Not more than10 Hrs
Preparatory work - Spread over- Not > 12 Hrs
Intermittent work - weekly – Not > 60 Hrs
Technical reasons - OT- maximum 50 Hrs/qtr
65. Power to make exempting orders.

40. 79. Annual leave with wages- 1 day for every
20 days actual work.
87. Dangerous manufacturing process or
operation – State Govt. to declare.
87. A. Power to prohibit employment on
account of serious hazard (1987 Amended)
on approval in extraordinary situations by
Inspector if serious hazard likely to cause
death or injury.
88. Notice of accidents, death, bodily injury
to be more than 48 hrs send notice to CIF.

41. 88 A. Notice of dangerous occurrences-
To CIF.
89. Notice of certain diseases- 3rd
schedule Occupational Diseases.
90. Power to direct inquiry in accident
or diseases State Govt.
91 A. Safety & Occupational Health
Surveys – DGHS.

42. 92. General Penalty for Offences- Violation-
2years minimum imprisonment/ Rs. 1 lakh
fine or both and Rs. 1000/- per day for
continuing offence.
93. Liability of owner in certain circumstances. Health,
Safety welfare- To owner.
94. Enhanced penalty after previous conviction- Double.
95. Penalty for wrongfully disclosing results of analysis.
96 A. Contravention of Sec, 41 B & 41 C, 41 H- 7 yrs / 2 lakhs
+ Rs. 5000/- per day.
VII Penalties & Procedures.

43. 97. Offences by workers- Rs. 500/-
101. Exemption of occupier / manager from
liability- when other person responsible.
111. Obligation of workers – Not to endanger
himself or others.
111 A. Rights of workers – Obtain safety
information from occupier – CIF for health
safety and welfare.
VII Penalties & Procedures.

44. Factories Act, 1948 Ist Schedule[See section 2(cb)]
Hazardous Process induction
1. Ferrous
metallurgical
Industries
-- Integrated Iron
& Steel
-- Ferro-alloys
--Special Steels
2. Non-ferrous
metallurgical Industries
- Primary Metallurgical
Industries, namely,
zinc, lead, copper
manganese and
aluminium
3. Foundries (ferrous
and non-ferrous)
- Castings & forgings
including cleaning or
smoothing/roughening
by sand & shot
blasting.
4. Coal (including
coke) industries. -
Coal, Lignite,
Coke, etc.
- Fuel Gases
(including Coal
gas, Producer
gas, Water gas
5. Power Generating
Industries
6. Pulp & paper
industries
7. Fertiliser Industries
- Nitrogenous
- Phosphatic
- Mixed
8. Cement Industries
9. Petroleum
Industries
- Oil Refining
-Lubricating Oils &
Greases
-10. Petro-chemical
Industries

45. 1. Ins. by Act 20 of 1987, sec. 45 (w.e.f. 1-12-1987).
Hazardous Process induction
11. Drugs and
Pharmaceutical
Industries
12. Fermentation
Industries
13. Rubber
Industries
14. Paints &
Pigment Industries
15. Leather Tanning
Industries
16. Electro-plating
Industries
17. Chemical Industries
18. Insecticides,
Fungicides, herbicides
& other Pesticides
Industries
19. Synthetic Resin
and Plastics
20. Man-made Fibre
21. Manufacture &
repair of electrical
accumulators
22. Glass &
Ceramics
23. Grinding or
glazing of metals
24. Manufacture,
handling and
processing of
asbestos and its
products
25. Extraction of oils
and fats from
vegetable and animal
sources
26. Manufacture,
handling and use of
benzene and
substances containing
Benzene
27. Manufacturing
processes and
operations involving
carbon disulphide
28. Dyes and
Dyestuff including
their intermediates
29. Highly flammable
liquids and gases.

46. Factories Act, 1948 IInd Schedule
(see section 41 – F)
TLVs Permissible levels of certain chemical
substances in work environment
About 120 Chemicals

47. Factories Act, 1948 IIIrd Schedule
(see section 89 & 90)
List of Notifiable diseases -29
1. Lead poisoning
2. Lead tetra-ethyl poisoning
3. Phosphorous poisoning
4. Mercury poisoning
5. Manganese poisoning
6. Arsenic poisoning
7. Poisoning by nitrous fumes.
8. Carbon bisulphide poisoning
9. Benzene poisoning
10. Chrome ulceration
11. Anthrax.
12. Silicosis.
13. Poisoning by halogens
13. Pathological manifestation
due to : - radium or other
radioactive substances. X-rays.
14.Primary epitheliomatous cancer of
the skin.
15. Toxic anaemia.
16.Toxic jaundice due to poisonous
substances.
17. Oil acne or dermatitis
18. Byssionosis.
19. Asbestosis.
20. Occupational or contact dermatitis
21. Noise induced hearing loss
22. Beryllium poisoning.
23. Carbon monoxide.
24. Coal miners' pnoumoconiosis.
25. Phosgene poisoning.
26. Occupational cancer.
27, Isocyanates poisoning.
28. Toxic nephritis.

48. AN ABSTRACT OF

49. WEAKNESSES OF THE EXISTING SET-UP
2.0 Need for National Policy on Occupational Safety and
Health
2.1 Need for a General Legislation on Occupational Safety
and Health
2.2 Apex Body on Occupational Safety and Health
2.3 Lack of Enforcement Strategies
2.4 Technological Change: Upgradation of knowledge base
through education and training
2.4.3 Education and Training of Supervisors and Workers
It is widely known and established fact that safe human
behaviour developed through proper training and
supervision has a key role in accident prevention. In
recognition of this, the Factories (Amendment)Act, 1987,
for the first time placed a general duty on the occupiers
under Section 7-A to train workers in OSH. This is further
strengthened by conferring under Section 111-A right on
the workers to get trained on OSH at the workplace.

50. 2.4.4 Diploma Course in Industrial Safety
As per the provisions, under section 40-B of the Factories
Act, 1948 and the Rules notified there under by various
states, as well as under the Dock Workers (Safety, Health
and Welfare) Regulations, 1990, Diploma Course in
Industrial Safety is an essential qualification for
appointment of safety officer in factories and ports.
A need for (i) uniformity in the quality of safety education,
(ii) recognition of institutes conducting the courses, (iii)
recognition of competency of safety officers at national
level.

54. REPORT OF
THE WORKING GROUP
ON
OCCUPATIONAL SAFETY AND HEALTH
FOR
THE TWELFTH FIVE YEAR PLAN
(2012 TO 2017)
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
AUGUST – 2011
AN ABSTRACT OF

55. 4.5.1.11 Providing statutory backing for OSH
Management Systems in Industry
Rapid technological changes in the industry are
leading to changes in the working conditions, work
processes and organisation. In such situation,
process of legislation is essential but it may not
keep pace with the changes and accompanying
hazards and risks. To make organizations self
sustainable to deal with occupational safety and
health challenges continuously an effective
management response system is needed to be
created. For this an OSH management system need
to support such system.

56. Moreover, to create a national data base on OSH,
there is a need for uniformity in implementing some
of the ccupational Safety and Health systems in
industries. For this, integration of occupational
safety and health management systems (OSH-MS)
with other manufacturing systems at the
organization level based on ILO-OSH 2001
guidelines will help to reduce work related injuries
or illness to the workers at work place. There is a
need to give statutory backing to such guideline
which will go long way in reducing occupational
injuries and promoting health and well-being of the
working population.