THE FACTORY ACT 1948

OBJECTIVES
4
Factories Act is enacted in the year

The
1948
and the main aims are

1.To regulate working conditions in the Factories

2.To
ensure
that
the
basic
minimum
requirements for health, Safety,. Welfare of the
Factory Workers are provided

3: To regulate the working hours, leave, holidays

, OT, employment of children and women and
young persons

THE FACTORIES ACT 1948

SYNOPSIS: 1

Objective
Scope and Coverage
Power to make Rules
Employees Entitled
Administrative Set Up
Obligation of Employers

OBLIGATION OF EMPLOYERS 2

Compulsory Approval
Registration /License and Notice by Occupier
Notice of Change of Manager/Occupier
General duties as to health/Safety/Welfare
Articles and substances for the use in Factories
To provide Health Measures
To provide Safety Measures
To provide Welfare Measures
Working Hours Holidays and OT
Leave with wages
Display of Notice .Maintain Registers Returns
Notice of Accident ,Dangerous Occurrences
Obligation regarding hazardous process

SYNOPSIS CONTD 3

Obligations of Employees
Rights of Employers
Rights of Employees
Offences and Penalties

Amendment in 1987 5
1: To regulate the hazardous
manufacturing process
2: To regulate the use of hazardous
subscales
3: To set the procedure to set up hazardous
industries

Scope and Coverage 6

It is extended the whole of India

It is applicable to all the Industries
It includes Government Organisations also
It excludes Mines, Railway Shed Hotels ,
Restaurant, Eating Place
EDP Centre not as a part of Manufacturing
Process is excluded
Minimum 10 workers if manufacturing
process is with Power
Minimum 20 workers id manufacturing
process is w/o power

SCOPE AND APPLICATION 7

State Government can relax the
provisions from 10/20
U/S 85 of amendment Power Looms ,
Rice-Floor-Oil Mills , Saw Mills ,
Pesticides or other Chemical Units
manufacturing hazardous process or
using subscales are also included

EMPLOYEES ENTITILED
All workers employed directly or
indirectly through Agent or Contractors
Contract Labourers employed with or
without the knowledge of Principal
Employers
Whether for wages or not
There must be relation between worker
and manufacturing process or
incidental to manufacturing process
The worker need not get remuneration
or doing manual labour

POWER TO MAKE RULES

The State Government is empowered to make
and amend rules to ensure administration of
provisions of the Acts in their respective
States
Right from applicability of the Establishments,
Inclusion and Exemption of any Establishment
under this Act, Declaring any Industry as a
hazardous Industry, Appointment of
Occupier , Wages, Workers , Doctors Surgeons
Certifying officers , Chief factory Inspectors
and all Staff in Administration depts

EMPLOYEES NOT ENTITLED

Workers employed in service sectors
Employed only for selling the
manufactured article
Employed
any
work
after
manufacturing process such as sales
, distribution, transportation
Workers employed in Canteen run by
Cooperative Societies are governed
by Cooperative Soc Act and not in
Factory Act

ADMINISTRATIVE SET UP
State Government is Chief Administrative
Authority that enforces the provisions
Chief Factory Inspector
Additional Chief factories Inspectors
Joint Factory Inspector
Deputy Chief factories Inspector
Chief Inspectors
Inspectors
Doctors Surgeons, as Certifying officers
to decide child adolescent fit or unfit
worker

Obligation of Employers

1. Compulsory Approval
2. Registration/License
and
Notice
by
Occupier
3. Notice of Change of Manager
4. General Duties as to HSW
5. General Duties as regards Articles and
Substances for use of Factories
6. To Provide Health Measures
7. To undertake safety Measures
8. To introduce Welfare Measures
9. Working Hours Holidays and OT
10.Leave with Wages

Obligations of Employers
1. Display of Notice Maintain Registers
and Submit returns
2. Notice of Accident Dangerous
Occurrences and Diseases
3. Obligation Regarding Hazardous
Industries, Manufacturing Process,
and Substances

Rights of Employers
1. Right to carry on Plans of setting new
factory or extension if no adverse order
is communicated within 3 Months
2. Right to appeal to Central Government
against State Government
3. Right to refrain Child or young person
not holding a certificate of fitness
4. Right to appeal against order of
Inspector
5. Right to demand Medical certificate if
employee applied Medical leave

Right of Employees

1. Obligations of Employers are

automatic Rights of Employees
2. Right to obtain HSW measures details
3. Right to approach Inspector directly
4. Right to get trained through occupier
for HS
5. Right to refuse paying charges for the
facilities appliances of employers
6. Right to recover wages under
Payment of Wages Act