Factories Act, 1948

Factories Act, 1948

Object & 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.
 APPLICATION OF THE ACT

The Factories Act of 1948 came into force on

1st April 1949; It applies to factories, as
defined in. the Act, all over India, including the
State of Jammu and Kashmir.
Unless 'otherwise provided, the Factories Act
applies to factories belonging to the Central or
any State Government
Factories Act, 1948

Factory (Sec. 2(m))

Factory means which includes premises including:
1) whereon 10 or more workers are working or were working on any day
of 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
2) whereon 20 or more workers are working or were working on any day
of 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 mine act, 1952
- a mobile unit belonging to the armed force of the union
- a railway running shed or,
- a hotel, restaurant or eating place.
 Definition
Power. "Power means electrical energy, or any other form of
energy which is mechanically transmitted and is not
generated by human or animal agency."--Sec. 2(g).
Prime mover. "Prime mover means any engine, motor or
other appliance which generates or otherwise provides
power."--Sec. 2(h).
Transmission machinery. "Transmission machinery means any
shaft, wheel, drum pulley, system of pulleys, coupling,
clutch,'driving belt or other appliance or device by which the
motion of a prime mover is transmitted to or received by any
machinery or appliance".--Sec. 2(i).
 Def.
Machinery. "Machinery includes prime movers, transmission
machinery and all other appliances whereby power is
generated, transformed, transmitted or applied."--Sec. 2(j).
Adult. "Adult means a person who has completed his
eighteenth year of age".--Sec. 2(a).
Adolescent. "Adolescent means a person who ha$ completed
his fifteenth year of age but has not completed his
eighteenth year."Sec. 2(b).
Child. ''Child means a person who has not completed his
fifteenth year of age." --Sec. 2 ( c) .
Young Person. "Young Person means a person who is either a
child or an adolescent."--Sec. 2(d).
Calendar Year. "Calendar Year means the period of twelve
months beginning with the first day of January in any year."

 Def
Day. "Day means a period of twenty four hours
beginning at midnight." --Sec. 2 ( e) .
Occupier. "Occupier" of a factory means the
person who has ultimate control over the
affairs of the factory, and where the said
affairs are entrusted to a managing agent,
such agent shall be deemed to be the occupier
of the factory.--Sec. 2(n).
 Def
Manufacturing Process. This term is defined in Section 2(k) in
a very wide sense. It iIicludes
(i) making, altering, ornamenting, finishing, packing, oiling,
washing, cleaning, breaking up, demolishing, or otherwise
treating or adopting 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 (Hi)
generating, transforming or transmitting power; or
(iv) composing types for printing, printing by letter press,
lithography, photogravure or other similar processes or book
binding ; or
(v) constructing, reconstructing, repairing, refitting, finishing
or breaking up ships or vessels ; or
preserving or storing any article in cold storage.
 Notice by occupier.
Section 7 provides that the occupier of a factory must, at least
15 days before he begins to occupy or use any premises as a
factory; send to the Chief Inspector of Factories a written
notice containing the following particulars:
( 1 ) the name and situation of factory ;
(2) the name and address of the occupier ;
(3) the name and address of the owner of the premises or
building (including the precincts thereof) ;
( 4) the address to which communications relating to factory
may be sent ;
(5) the nature of the manufacturing process to be carried on
in the factory during the next twelve months ;
( 6) the total rated horse power installed or to be installed in
the factory, which shall not include the rated horse power or
any separate stand-by plant;
Factories Act, 1948
Statutory Agency & their power for
enforcement of the Act
Sec. 3 empowers the State Govt. to make rule for the references to the
time of day. These rules may specify the area, define the local mean time
ordinarily observed in it and permit such time to be observed in all or any
of the factories situated in that area.
State Govt. assumes power to declare different deptt. To be separate
factories or two or more factories to be a single factory under this act.
This power will be utilized by the state govt. either its own or on the
application of occupier. But no order can be made on its own motion
unless occupier heard in this regard. (Sec. 4)
Sec. 5 defines Public Emergency as a situation whereby the security of
India or any part of the territory thereof is threatened whether by war or
external aggregation or internal disturbance.
State govt. further has the power under sec. 5 to exempt by
notification to any factory or class from any of the provisions of this act
except sec. 67 for such period and for such conditions as it may think fit,
however such notification can shall be made exceeding a period of 3
months at a time.
Factories Act, 1948

Administration
The state govt. carry out
administration of the act through:
1. Inspecting Staff (sec. 8)
2. Certifying Surgeons (sec. 10)
3. Welfare Officers (sec. 49)
4. Safety Officers (sec. 40-B)
Inspecting Staff (sec. 8)
(1) The State Government may, by notification in the Official Gazette, appoint such persons as
possess the prescribed qualification to be Inspectors for the purposes of this Act and may
assign to them such local limits as it may think fit.
(2) The State Government may, by notification in the Official Gazette, appoint any person to
be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector
under this Act, exercise the powers of an Inspector throughout the State.
(3) No person shall be appointed under sub-section (1), sub-section (2)sub-section (2A) or
sub-section (5), or having been so appointed, shall continue to hold office, who is or
becomes directly or indirectly interested in a factory or in any process or business carried
on therein or in any patent or machinery connected therewith.
(4) Every District Magistrate shall be an Inspector for his district.
(5) The State Government may also, by notification as aforesaid, appoint such public officers
as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within
such local limits as it may assign to them respectively.
(6) In any area where there are more Inspectors than one the State Government may, by
notification as aforesaid, declare the powers, which such Inspectors shall respectively
exercise and the Inspector to whom the prescribed notices are to be sent.
(7) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief
Inspector, Inspector and every other officer appointed under this section shall be deemed
to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and shall
be officially subordinate to such authority as the State Government may specify in this
 Power of Inspector (sec.9)
Subject to any rules made in this behalf, an Inspector may, within the local limits for which
he is appointed
(a) enter to any place which is used, or which he has reason to believe is used, as a factory;
(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury,
disability or not, and take on the spot or otherwise statements of any person which he may
consider necessary for such inquiry;
(d) require the production of any prescribed register or any other document relating to the
factory;
(e) seize, or take copies of, any register, record or other document or any portion thereof, as he
may consider necessary in respect of any offence under this Act, which he has reason to
believe, has been committed;
(f) take measurements and photographs and make such recordings as he considers necessary for
the purpose of any examination.
(g) in case of any article or substance found in any premises, being an article or substance which
appears to him as having caused or is likely to cause danger to the health or safety of the
workers, direct it to be dismantled or subject it to any process or test (but not so as to
damage or destroy it unless the same is, in the circumstances necessary, for carrying out the
purposes of this Act), and take possession of any such article of substance or a part thereof,
and detain it for so long as is necessary for such examination;
Provided that no person shall be compelled under this section to answer any question or
Factories Act, 1948

Certifying Surgeons (sec. 10)

the State Government may appoint qualified medical practitioners to .be

certifying surgeons for the purposes of the Act for specified local areas or for
specified factories or class of factories.

Appointment of certifying surgeon by state govt. for the following purposes:-

- The examination & certification of the young person under this act.

- Examination of persons engaged in factories in such dangerous occupation or

processes as may be prescribed.

- The exercising of such medical supervision as may be prescribed for many factory
or class or description of factories.
Factories Act, 1948

Welfare Officers (sec. 49)

- Impose statutory obligation on the occupier of
the factory of the appointment of welfare/s
officer wherein 500 or more workers are
ordinarily employed.
- Duty, Qualification and conditions of service
may be prescribed by the state govt.
Factories Act, 1948

Safety Officers (sec. 40-B)

It empowers the state govt. for directing a
occupier of factory to employ such no. of safety
officer as specified by it where more than
thousand workers were employed or where
manufacturing process involves risk of bodily
injury, poising or disease or any other hazards to
health of the persons employed therein.
Duty, Qualification and conditions of service may
be prescribed by the state govt.
Factories Act, 1948
Approval, Licensing & Registration of
Factories (sec. 6)
The State Government may make rules :-
(a) requiring, for the purposes of this Act, the submission of plans of any class or description
of factories to the Chief Inspector or the State Government;
(aa) requiring, the previous permission in writing of the State Government or the Chief
Inspector to be obtained for the site on which the factory is to be situated and for the
construction or extension of any factory or class or description of factories;
(b) requiring for the purpose of considering applications for such permission the submission
of plans and specifications;
(c) prescribing the nature of such plans and specifications and by whom they shall be
certified;
(d) requiring the registration and licensing of factories or any class or description of
factories, and prescribing the fees payable for such registration and licensing and for the
renewal of licenses;
(e) requiring that no license shall be granted or renewed unless the notice specified in
section 7 has been given.
Factories Act, 1948
Approval, Licensing & Registration of
Factories (sec. 6)
If on an application for permission referred to in clause (aa)
of sub-section (1) accompanied by the plans and
specifications required by the rules made under clause (b) of
that sub-section, sent to the State Government or Chief
inspector by registered post, no order is communicated to
the applicant within 3 months from the date on which it is so
sent, the permission applied for in the said application shall
be deemed to have been granted.

Where a State Government or a Chief Inspector refuses to

grant permission to the site, construction or extension of a
factory or to the registration and licensing of a factory, the
applicant may within 30 days of the date of such refusal
appeal to the Central Government if the decision appealed
from was of the State Government and to the State
Government in any other case.
Factories Act, 1948

Notice by occupier (sec. 7)

The occupier shall, at least 15 days before he begins to occupy or use any
premises as a factory and atleast 30 days before the date of resumption of
work in case of seasonal factories (working less than 180 days in a year),
send to the Chief Inspector a written notice containing-
(a) the name and situation of the factory;
(b) the name and address of the occupier;
(bb) the name and address of the owner of the premises or building (including
the precincts thereof) referred to in section 93;
(c) the address to which communication relating to the factory may be sent;
(d) the nature of the manufacturing process -
(i) carried on in the factory during the last 12 months in the case of factories
in existence on the date of the commencement of this Act, and
(ii) to be carried on in the factory during the next 12 months in the case of all
factories;
(e) the total rated horse power installed or to be installed in the factory, which
shall not include the rated horse power of any separate stand-by plant;
(f) the name of the manager of the factory for the purposes of this Act;
(g) the number of workers likely to be employed in the factory;
(h) the average number of workers per day employed during the last
Factories Act, 1948

Notice by occupier (sec. 7)

Notice where new manager appointed:-
Whenever a new manager is appointed, the occupier shall
send to the Inspector a written notice and to the Chief
Inspector a copy thereof within seven days from the date on
which such person takes over charge.

When there is no manager- occupier deemed as manager:-

During any period for which no person has been designated
as manager of a factory or during which the person
designated does not manage the factory, any person found
acting as manager, or if no such person is found, the occupier
himself, shall be deemed to be the manager of the factory
for the purposes of this Act.
Factories Act, 1948
Measures Taken By The Factories For
Health
Cleanliness (sec. 11): The floors must be cleaned. Drainage shall be provided. Inside walls,
partitions and ceilings must be repainted at least once in five years.

Disposal of waste & effluents (sec.12): must be effectively disposed off

Ventilation & temperature (sec. 13)
Dust & fume (sec. 14): The exhaust fumes of internal combustion engines must be conducted
outside the factory

Artificial humidification (sec. 15): The water used for this purpose must be pure.
It must be. taken from some source of drinking water supply.
Overcrowding (sec. 16)
Lighting (sec. 17)
Drinking water (sec. 18) Factories employing more than 250
workers must cool the water during the hot weather
Latrines & urinals (sec. 19)
Spittoons (sec. 20)
Factories Act, 1948

Safety
Fencing of machinery (sec. 21)
Work on or near machinery in motion (sec. 22)
Employment of young persons on dangerous machines (sec. 23)
Striking gear and devices for cutting off power (sec. 24) : . In every factory
suitable devices for cutting off power in emergencies from running machinery
shall be provided and maintained in every workroom.~.
SELF-ACTING MACHINES (sec. 25): Moving parts of a self-acting machine must
not be allowed to come within 45 cms. of any fixed structure
Casing of new machinery (sec. 26)
Prohibition of employment of women and children near cotton-openers (sec. 27)
Hoists and lifts (sec. 28)
Lifting machines, chains, ropes and lifting tackles (sec. 29)
Revolving machinery (sec. 30)
Factories Act, 1948

Safety
Pressure plant (sec. 31)
Floors, stairs and means of access (sec. 32)
Pits, sumps, openings in floors, etc (sec. 33)
Excessive weights (sec. 34)
Protection of eyes (sec. 35)
Precautions against dangerous fumes, gases, etc. (sec. 36)

Explosive or inflammable dust, gas, etc (sec. 37)

Precautions in case of fire (sec. 38)
Power to require specifications of defective parts or tests of
stability (sec. 39)
Safety of buildings and machinery (sec. 40)
Power to make rule to supplement this chapter (sec. 41)
 Factories Act, 1948

Welfare
Washing facilities (sec. 42)
Facilities for storing and drying clothing (sec. 43)
Facilities for sitting (sec. 44)
First aid appliances (sec. 45)
Canteens (sec. 46)
Shelters, rest rooms and lunch rooms (sec. 47)
Crches (sec. 48): more than 30 women a employed, a room
shall be provided for the use of the children (below 6 years) of
such women.
Welfare officers (sec. 49) : . Welfare officers must be appointed
in every factory where 500 or more workers are employed
Power to make rules to supplement this chapter (sec. 50)
 Factories Act, 1948
working hours of an adult
Weekly hours (sec. 51) : 48 hours in a week.
Weekly holidays (sec. 52) : No adult worker shall be required or allowed to work in a
factory on the first day of the week.
Compensatory holidays (sec. 53) : within the month in which the holidays were due to him or
within the two months immediately following that month, compensatory holidays of equal number
to the holidays so lost.
Daily hours (sec. 54) : not more than 9 hours in day.
Intervals for rest (sec. 55) : an hour after working of 5 hours , but state govt. in special
circumstances on written application can allow continue working not more than 6 hours.
Spread over (sec.56) : inclusive of his intervals for rest under section 55, they shall not
spread over more than 10 hours in any day (chief inspector can raises it up to 12
hours).
Night shifts (sec. 57)
Prohibition of overlapping shifts (sec. 58)
 Factories Act, 1948
working hours of an adult
Extra wages for overtime (sec. 59) : 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.
Restriction on double employment (sec. 60)
Notice of periods of work for adults (sec. 61)
Register of adult workers (sec. 62)
Hours of work to correspond with notice under section 61
and register under section 62 (sec. 63)
Power to make exempting rules (sec. 64) : State Govt.
Power to make exempting orders (sec. 65) : State Govt.
Factories Act, 1948

Further restrictions on employment of

women (sec. 66)
(a) no exemption from the provisions of section 54 may
be granted in respect of any women;
(b) no woman shall be required or allowed to work in
any factory except between the hours of 6 A.M. and
7 P.M. :
Provided that the State Government may, by
notification in the Official Gazette, in respect of any
factory or group or class or description of factories,
vary the limits laid down in clause (b), but so that no
such variation shall authorize the employment of
any woman between the hours of 10 P.M. and 5
A.M.
Factories Act, 1948
Employment of young person &
children
Prohibition of employment of young children (sec. 67): No
child who has not completed his fourteenth year shall be
required or allowed to work in any factory.

Non-adult workers to carry tokens (sec. 68) : A child who

has completed his fourteenth year or an adolescent shall
not be required or allowed to work in any factory unless -
(a) a certificate of fitness granted with reference to him
under section 69 is in the custody of the manager of the
factory; and
(b) such child or adolescent carries while he is at work a
token giving a reference to such certificate
Factories Act, 1948
Employment of young person &
children
Working hours for children (sec. 71) :
(1) No child shall be employed or permitted to work, in any factory -
(a) for more than four and a half hours in any day;
(b) during the night.

(2) The period of work of all children employed in a factory shall be limited to two shifts which shall not
overlap or spread over more than five hours each; and each child shall be employed in only one of the
relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed
more frequently than once in a period of thirty days.

(3) The provisions of section 52 shall apply also to child workers and no exemption from the provisions of
that section may be granted in respect of any child.

(4) No child shall be required or allowed to work in any factory on any day on which he has already been
working in another factory.

(5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7
P.M.
Factories Act, 1948
Employment of young person &
children
Notice of periods of work for children (sec. 72)
Register of child workers (sec. 73)
Hours of work to correspond with notice under
section 72 and register under section 73 (sec. 74)
Power to require medical examination (sec. 76)
Power to make rules (sec. 77) : State Govt.
Certain other provisions of law not barred (sec. 78)
Factories Act, 1948

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.
Factories Act, 1948
offences & Penalties (sec. 92 to 106)
OFFENCE PENALTIES

For contravention of the Provisions of the Act or Rules Imprisonment upto 2 years or fine upto Rs.1,00,000 or both

On Continuation of contravention Rs.1000 per day

On contravention of Chapter IV pertaining to safety or dangerous Not less than Rs.25000 in case of death.
operations.
Not less than Rs.5000 in case of serious injuries.

Subsequent contravention of some provisions Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to
Rs.2,00,000.

Obstructing Inspectors Imprisonment upto 6 months or fine upto Rs.10, 000 or both.

Wrongful disclosing result pertaining to results of analysis Imprisonment upto 6 months or fine upto Rs.10, 000 or both.

For contravention of the provisions of Sec.41B, 41C and 41H pertaining to Imprisonment upto 7 years with fine upto Rs.2,00,000 and on
compulsory disclosure of information by occupier, specific responsibility of continuation fine @ Rs.5,000 per day.
occupier or right of workers to work imminent danger
Imprisonment of 10 years when contravention continues for one year.