Factories Act Special
Factories Act Special
Factories Act Special
htm
India
The Factories Act, 1948 (Act No. 63 of 1948), as amended by the
Factories (Amendment) Act, 1987 (Act 20 of 1987)
CONTENTS
(a) "adult" means a person who has completed his eighteenth year of
age;
(b) "adolescent" means a person, who has completed his fifteenth year
of age but has not completed his eighteenth year;
(c) "child" means a person who has not completed his fifteenth year of
age;
(k) "manufacturing process" means any process foro (i) making, altering, repairing, 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
o (ii) pumping oil, water, sewage, or any other substance; or
o (iii) generating, transforming or transmitting power; or
(m) "factory" means any premises including the precincts thereofo (i) whereon ten or more workers are working, or were working
on any day of the preceding twelve 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
o (ii) whereon twenty or more workers are working, or were
working on any day of the preceding twelve 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 (XXXV of 1952) or a mobile unit belonging to the armed
forces of the Union, a railway running shed or a hotel, restaurant
or eating place;
Explanation I.---For computing the number of workers for the purposes
of this clause all the workers in different groups and relays in a day
shall be taken into account;
Explanation II.---For the purposes of this clause, the mere fact that an
Electronic Data Processing Unit or a Computer Unit is installed in any
premises or part thereof, shall not be construed to make it a factory if
no manufacturing process is being carried on in such premises or part
thereof ;
(n) "occupier" of a factory means the person, who has ultimate control
over the affairs of the factory,
Provided that
(e) section 18, section 19, section 42, section 46, section 47 or
section 49, in relation to the workers employed on such repair or
maintenance;
(2) the owner of the ship or his agent or master or other officer-in-charge of
the ship or any person who contracts with such owner, agent or master or
other officer-in-charge to carry out the repair or maintenance work shall be
deemed to be the occupier for the purposes of any matter provided for by or
under section 13, section 14, section 16 or section 17 (save as otherwise
provided in this proviso) or Chapter IV (except section 27) or section 43,
section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX
or section 108, section 109 or section 110, in relation to
(o) [Omitted];
(q) [Omitted];
(r) where work of the same kind is carried out by two or more sets of
workers working during different periods of the day, each of such sets
is called a "group" or "relay" and each of such periods is called a
"shift".
Section 3. Reference to time of day.In this Act references to time of day are references to Indian Standard Time
being five and a half hours, ahead of Greenwich Mean Time:
Provided that for any area in which Indian Standard Time is not ordinarily
observed the State Government may make rules
(b) defining the local mean time ordinarily observed therein, and
(2) If on an application for permission referred to in clause (aa) of subsection (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 three 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.
(3) 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 thirty days
from the date of such refusal, appeal to the Central Government if the
decision appealed for was of the State Government, and to the State
Government in any other case.
Explanation. - A factory shall not be deemed to be extended within the
meaning of this section by reason only of the replacement of any plant or
machinery, or within such limils as may be prescribed, of the addition of any
plant or machinery. If such replacement or addition does not reduce the
minimum clear space required for safe working around the plant or
machinery or adversely affect the environment conditions from the evolution
or emission of steam, heat or dust or Iumes which are injurious to health.
Section 7. Notice by occupier.(1) The occupier shall, at least fifteen days before he begins to occupy or,
use any premises as a factory, send to the Chief Inspector a written notice
containing
(bb) thc name and address of the owner of the premises or building
(including the precincts thereof ) referred to in section 93;
(d) the nature of the manufacturing processo (i) carried on in the factory during the last twelve months in the
case offactories in existence on the date of the commencement
of this Act, and
o (ii) to be carried on in the factory during the next twelve months
in the case of all factories;
(f) the name of the rnanager of the factory for the purposes of this
Act;
(h) the average number of workers per day employed during the last
twelve months in the case of a factory in existence on the date of the
commencement of this Act;
(2) In respect of all establishments, which come within the scope of the Act
for the first time the occupier shall send a written notice to the Chief
Inspector containing the particulars specified in sub-section (1) within thirty
days from the date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process which is ordinarily
carried out for less than one hundred and eighty working days in the year,
resumes working, thc occupier shall send a written notice to the Chief
Inspector containing the particulars specified in sub-section (1) that least
thirty days before the date of the commencement of work.
(4) Whenever a new manager is appointed, the cccupies 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.
(5) During a period for which no person has been designated as manager of
a factory or during which the person designated does not manage the
(a) the provision and maintenance of plant and systems of work in the
factory that are safe and without risks to health;
(b) the arrangement in the factory for ensuring safety and absence of
risks to health in connection with the use, handling, storage and
transport of articles and substances;
(3) Except in such cases as may be prescribed, every occupier shall prepare,
and, as often as may be appropriate, revise, a written statement of his
general policy with respect to the health and safety of the workers at work
and the organisation and arrangements for the time being in force for
carrying out thatpolicy, and to bring the statement and any revision thereof
to the notice of all the workers in such manner as may be prescribed.
(b) carry out or arrange for tlle carrying out of such tests and
examination as may be considered necessary for the effective
implementation of the provisions of clause (a);
(a) that the article conforms to the same standards if such article is
manufactuted in India, or
(2) Every person, who undertakes to design or manufacture any article for
use in any factory, may carry out or arrange for the carrying out of
necessary research with a view to the discovery and, so far as is reasonably
practicable, the elimination or minimisation of any risks to the health or
safety of the workers to which the design or article may give rise.
(3) Nothing contained in sub-sections (1) and (2) shall be construed to
require a person to repeat the testing examination or research which has
been carried out otherwise than by him or at his instance on so far as it is
reasonable for him to rely on the results thereof for the purposes of the said
sub-sections.
(4) And duty imposed on any person by sub-sections (1) and (2) shall
extend only to things done in the course of business carried on by him and
to matters within his control.
(5) Where a person designs, manufactures, imports or supplies an aricle on
the basis of a written undertaking by the user of such article to take the
steps specified in such undertaking to ensure, so far as is reasonably
practicable, that the article will be. safe and without risks to the health of
the workers when properly used, the undertaking shall have the effect of
relieving the person designing, manufacturing, importing or supplying the
article from the duty imposed by clause (a) of sub-section (1) to such extent
as is reasonably having regard to the terms of the undertaking.
(6) For the purposes of this section, an article is not to be regarded as
properly used if it is used without regard to any information or advice
relating to its use which as been made available by the person who has
designed, manufactured, imported or supplied the article.
Section 8. Inspectors.(1) The State Government may, by notification in the Official Gazette,
appoint such persons as possessing 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 Offlcial Gazette,
appoint any person to be a Chief Inspector who shall, in addition to powers
conferred on Chief Inspector under this Act, exercise the powers of an
Inspector throughout the State.
(2A) The State Government may, by notification in the Official Gazette,
appoint as many Additional Chief Inspectors, Joint Chief Inspectors and
Deputy Chief Inspectors and as many other offlcers as it thinks fit to assist
the Chief Inspector and to exercise such of the powers of the Chief Inspector
as may be specified in such notification.
(2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief
Inspector and every other officer appointment under sub-section (2A) shall,
in addition to the powers of a Chief Inspector specified in the notification by
which he is appointed, exercise the power of an Inspector throughout the
State.
(a) enter with such assistants, being persons in the service of the
Government, or any local or other public authority or with an expert,
as he thinks fit, any place which is used, or which he has reason to
believe, is used as a 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) direct the occupier that any premises or any part thereof, or
anything lying therein, shall be left undisturbed (whether generally or
in partticular respects) for so long as is necessary for the purpose of
any examination under clause (b);
Section 10. Certifying Surgeons.(1) The State Government may appoint qualified medical practitioners to be
certifying surgeons for the purposes of this Act within such local limits or for
such factory or class or description of factories as it may assign to them
respectively.
(2) A certifying surgeon may, with the approval of the State Government,
authorise any qualified medical practitioner to exercise any of his powers
under this Act for such period as the certifying surgeon may specify and
subject to such conditions as the State Government may think fit to impose,
and references in this Act to a certifying surgeon shall be deemed to include
references to any qualified medical practitioner when so authorised.
(3) No person shall be appointed to be, or authorised to exercise the powers
of, a certifying surgeon, or having been so appointed or authorised, continue
to exercise such powers, who is or becomes the occupier of a factory or is or
becomes directly or indirectly interested therein or in any process or
(a) the examination and certification of young persons under this Act;
(1) Every factory shall be kept clean and free from effluvial arising from any
drain, privy or other nuisance, and in particular
(e) the dates on which the processes required by clause (d) are carried
out shall be entered in the prescribed register.
(2) If, in view of the nature of the operations carried on in a factory or class
or description of factories or any part of a factory or class or description of
factories, it is not possible for the occupier to comply with all or any of the
provisions of sub-section (1), the State Government may by order exempt
such factory or class or descriptien of factories or part from any of the
provisions of that sub-section and specify alternative methods for keeping
the factory in a clean state.
Section 12. Disposal of wastes and effluents.(1) Effective arrangements shall be made in every factory for the treatment
of wastes and effluents due to the manufacturing process carried on therein,
so as to render them innocuous, and for their disposal.
(2) The State Government may make rules prescribing the arrangements to
be made under sub-section (1) or requiring that the arrangements made in
accordance with sub-section (1) shall be approved by such authority as may
be prescribed.
Section 13. Ventilation and temperature.(1) Effect and suitable provisions shall be made in every factory for securing
and maintaining in every workroom
such places and in such position as may be specified, shall be provided and
such records, as may be prescribed, shall be maintained.
(3) If it appears to the Chief Inspector that excessively high temperature in
any factory can be reduced by the adoption of suitable measures, he may,
without prejudice to the rules made under sub-section (2), serve on the
occupier, an order in writing specifying the measures which, in his opinion
should be adopted, and requiring them to be carried out before a specified
date.
Section 14. Dust and fume.(1) In every factory in which, by reason of the manufacturing process carried
on, there is given off any dust or fume or other impurity of such a nature
and to such an extent as is likely to be injurious or offensive to the workers
employed therein, or any dust in substantial quantities, effective measures
shall be taken to prevent its inhalation and accumulation in any workroom,
and if any exhaust appliance is necessary for this purpose, it shall be applied
as near as possible to the point of origin of the dust, fume or other impurity,
and such point shall be enclosed so far as possible.
(2) In any factory no stationary internal combustion engine shall be operated
unless the exhaust is conducted into the open air, and no other internal
combustion engine shall be operated in any room ualess effective measures
have been taken to prevent such accumulation offumes therefrom as are
likely to be injurious to workers employed in the room.
Section 15. Artificial humidification.(1) In respect of all factories in which the humidity of the air is artificially
increased, the State Government may make rules,
(c) directing prescribed tests for determining the humidityof the air to
be correctly carried out and recorded;
(2) In any factory in which the humidity of the air is artificially increased, the
water used for the purpose shall be taken from a public supply, or other
source of drinking water, or shall he effectively purified before it is so used.
(3) If it appears to an Inspector that the water used in a factory for
increasing humidity which is required to be effectively purified under subsection (2) is not effectively purified he may serve on the manager of the
factory an order in writing, specifying the measures which in his opinion
should be adopted, and requiring them to be carried out before specified
date.
Section 16. Overcrowding.No room in any factory shall be overcrowded to an extent injurious to the
health of the workers employed therein.
(2) Without prejudice to the generality of sub-section (1), there shall be in
every workroom of a factory in existence on the date of commencement of
this Act at least 9.9 cubic metres and of a factory built after the
commencement ofthis Act at least 14.2 cubic metres of space for every
worker employed therein, and for the purposes of this sub-section no
account shall be taken of anyspace which is more than 4.2 metres above the
level of the fioor of the room.
(3) If the Chief Inspector by order in writing so requires, there shall be
posted in each workroom of a factory a notice specifying the maximum
number of workers who may, in compliance with the Provisions of this
section, be employed in the room.
(4) The Chief Inspector may, by order in writing exempt, subject to such
conditions, if any, as he may thing fit to impose, any workroom from the
provisions of this section, if he is satisfied that compliance therewith in
respect of the room is unnecessary in the interest of the health of the
workers employed therein.
Section 17. Lighting.(1) In every part of a factory where workers are working or passing, there
shall be provided and maintained sufficient and suitable lighting, natural or
artificial, or both.
(2) In every factory all glazed windows and skylights used for the lighting of
the workroom shall be kept clean on both the inner and outer surfaces and,
so far as compliance with the provisions of any rules made under sub-section
(3) of section 13 will allow, free from obstruction.
(3) In every factory effective provision shall, so far as is practicable, be
made for the prevention of
(4) The State Government may prescribe standards of sufficient and suitable
lighting for factories or for any class or description offactories or for any
manufacturing process.
Section 18. Drinking water.(1) In every factory effective arrangements shall be made to provide and
maintain at suitable points conveniently situated for all workers employed
therein a sufficient supply of wholesome drinking water.
(2) All such points shall be legibly marked "drinking water" in a language
understood by a majority of the workers employed in the factory and no
such points shall be situated within 1[six metres of any washing place,
urinal, latrine, spittoon, open drain carrying sullage or effluent or any other
source of contamination unless a shorter distance is approved in writing by
the Chief Inspector.
(3) In every factory wherein more than two hundred and fifty workers are
ordinarily employed, provisions shall be made for cooling drinking water
during hot weather by effective means and for distribution thereof.
(4) In respect of all factories or any class or description of factories the State
Government may make rules for securing compliance with the provisions of
sub-sections (1), (2) and (3) and for the examination by prescribed
authorities of the supply and distribution of drinking water in factories.
Section 19. Latrines and urinals.(1) In every factory-
(2) In every factory wherein more than twohundred and fifty workers are
ordinarily employed
(c) without prejudice to the provisions of clauses (d) and (e) of subsection (1), the fioors, portions of the walls and blocks so laid or
finished and the sanitary pans of latrines and urinals shall be
thoroughly washed and cleaned at least once in every seven days with
suitable detergents or disinfectants or with both.
(3) The State Government may prescribe the number of latrines and urinals
to be provided in any factory in proportion to the number of male and female
workers ordinarily employed therein, and provide for such further matters in
respect of sanitation in factories, including the obligation of workers in this
regard, as it considers necessary in the interest of the health of the workers
employed therein.
Section 20. Spittoons.-
(iii) any part of a stock bar which projects beyond the head stock of a
lathe; and
(2) The State Government may by rules prescribe such further precautions
as it may consider necessary in respect of any particular machinery or part
thereof or exempt, subject to such condition as may be prescribed, for
securing the sefety ofthe workers, any particular machinery or part thereof
from the Provisions of this section.
Section 22. Work on or near machinery in motion.(1) Where in any factory it becomes necessary to examine any part of
machinery referred to in section 21, while the machinery is in motion, or, as
a result of such examination, to carry out
(a) such worker shall not handle a belt at a moving pulley unlesso (i) the belt is not more than fifteen centimetres in width;
o (ii) the pulley is normally for the purpose of drive and not merely
a fiy-wheel or balance wheel (in which case belt is not
permissible);
o (iii) the belt joint is either laced or fiush with the belt;
o (iv) the belt, including the joint and the pulley rim, are in good
repair;
o (v) there is reasonable clearance between the pulley and any
fixed plant or structure;
o (vi) secure foothold and, where necessary, secure handhold, are
provided for the operator; and
o (vii) any ladder in use for carrying out any examination or
operation aforesaid is securely fixed or lashed or is firmly held by
a second person ;
(b) without prejudice to any other provision of this Act relating to the
fencing of machinery, every set screw, bolt and key on any revolving
shaft, spindle, wheel or pinions and all spur, worm and other toothed
or friction gearing in motion with which such worker would otherwise
be liable to come into contact, shall be securely fenced to prevent such
contact.
thereof would expose the woman or young person to risk of injury from any
moving part either of that machine or of any adjacent machinery.
(3) The State Government may, by notification in the Offlcial Gazette
prohibit, in any specified factory or class or description of factories, the
cleaning, lubricating or adjusting by any person of specified parts of
machinery when those palts are in motion.
Section 23. Employment of young persons on dangerous machines.(1) No young person shall be required or allowed to work at any machine to
which this section applies, unless he has been fully instructed as to the
dangers arising in connection with the machine and the precautions to be
observed, and(a) has received sufficient training in work at the machine, or (b) is under
adequate supervision by a person who has a thorough knowledge and
experience of the machine.
(2) Sub-section (1) shall apply to such machines as may be prescribed by
the State Government, being machines which in its opinion are of such a
dangerous character that young persons ought not to work at them unless
the foregoing requirements are complied with.
Section 24. Striking gear and devices for cutting off power.(1) In every factory
(b) driving belts whennot in use shall not be allowed to rest or ride
upon shafting in motion.
(2) In every factory suitable devices for cutting off power in emergencies
from running machinerv shall be provided and maintained in every
workroom:
(a) every set screw, bolt or key on any revolving shaft, spindle, wheel
or pinion shall be so sunk, encased or otherwise effectively guarded as
to prevent danger;
(b) all spur, worm and other toothed or friction gearing which does not
require frequent adjustment while in motion shall be completely
encased, unless it is so situated as to be as safe as it would be if it
were completely encased.
(2) Whoever sells or lets on hire or, agent of a seller or hirer, causes or
procures to be sold or let on hire, for use in a factory any machinery driven
by power which does not comply with the provisions of sub-section (1) or
any rules made under sub-section (3), shall be punishable with
imprisonment for a term which may extend to three months or with fine
which may extend to five hundred rupees or with both.
(3) The State Government may make rules specifying further safeguards to
be provided in respect of any other dangerous part of any particular machine
or class or description of machines.
Section 27. Prohibition of employment of women and children near
cotton-openers.No woman or child shall be employed in any part of a factory for pressing
cotton in which a cotton-opener is at work:
Provided that if the feed-end of a cotton-opener is in a room separated from
the delivery end by a partition extending to the roof or to such height as the
Inspector may in any particular case specify in writing, women and children
may be employed on the side of the partition where the feed-end is situated.
Section 28. Hoist and lifts.(1) In every factory
(a) every hoist and lift shall beo (i) of good mechanical construction, sound material and
adequate strength;
o (ii) properly maintained, and shall be thoroughly examined by a
competent person at least once in every period of six months,
and a register shall be kept containing the prescribed particulars
of every such examination;
(c) the maximum safe working load shall be plainly marked on every
hoist or lift, and no load greater than such load shall be carried
thereon;
(d) the cage of every hoist or lift used for carrying persons shall be
fitted with a gate on each side from which access is afforded to a
landing;
(e) every gate referred to in clause (b) or clause (d) shall be fitted
with inter-locking or other efficient device to secure that the gate
cannot be opened except when the cage is at the landing and that the
cage cannot be moved unless the gate is closed.
(2) The following additional requirements shall apply to hoists and lifts used
for carrying persons and installed or reconstructed in a factory after the
commencement of this Act, namely:
(3) The Chief Inspector may permit the continued use of a hoist or lift
installed in a factory before the commencement of this Act which does not
fully comply with the provisions of sub-section (1) upon such conditions for
ensuring safety as he may think fit to impose.
(4) The State Government may, if in respect of any class or description of
hoist or lift, is of opinion that it would be unreasonable to enforce any
requirements of sub-sections (1) and (2), by order direct that such
requirement shall not apply to such class or description of hoist or lift.
Explanation.- For the purposes of this section, no lifting machine or
appliance shall be deemed to be a hoist or lift unless it has a platform or
cage, the direction or movement of which is restricted by a guide or guides.
Section 29. Lifting machines, chains, ropes and lifting tackles. (1) In any factory the following provisions shall be complied with in respect
of every lifting machine (other than a hoist and lift) and every chain, rope
and lifting tackle for the purpose of raising or lowering persons, goods or
materials:-
(a) all parts, including the working gear, whether fixed or movable, of
every lifting machine and every chain, rope or lifting tackle shall beo (i) of good construction, sound material and adequate strength
and free from defects;
o (ii) properly maintained; and
o (iii) thoroughly examined by a competent person at least once in
every period of twelve months, or at such intervals as the Chief
Inspector may specify in writing, and a register shall be kept
containing the prescribed particulars of every such examination;
(b) no lifting machine and no chain, rope or lifting tackle shall, except
for the purpose of test, be loaded beyond the safe working load which
shall be plainly marked there on together with an identification mark
and duly entered in the prescribed register; and where this is not
practicable, a table showing the safe working load of every kind and
size of lifting machine or chain, rope of lifting tackle in use, shall be
displayed in prominent position on the premises;
(2) The State Government may make rules in respect of any lifting machine
or any chain, rope or lifting tackle used in factories
(b) providing for exemption from compliance with all or any of the
requirements of this section, where in its opinion, such compliance is
unnecessary or impracticable.
(3) For the purposes of this section a lifting machine or a chain, rope or
lifting tackle shall be deemed to have been thoroughly examined if a visual
examination supplemented, if necessary, by other means and by the
dismantling of parts of the gear, has been carried out as carefully as the
conditions permit in order to arrive at a reliable conclusion as to the safety
of the parts examined.
Explanation.- In this section,-
(b) "lifting tackle" means any chain sling, rope sling, hook,
shackle, swivel, coupling, socket, clamp, tray or similar
appliance, whether fixed or movable, used in connection with the
raising or lowering of persons, or loads by use lifting machines.
Section 30. Revolving machinery. (1) In every factory in which the process of grinding is carried on there shall
be permanently affixed to or placed ear each machine in use a notice
indicating the maximum safe working peripheral speed of every grindstone
or abrasive wheel, the speed of the shaft or spindle upon which the wheel is
mounted, and the diameter of the pulley upon such shaft or spindle
necessary to secure such safe working peripheral speed.
(2) The speeds indicated in notices under sub-section (1) shall not be
exceeded.
(3) Effective measure shall be taken in every factory to ensure that the safe
working peripheral speed of every revolving vessel, cage, basket, flywheel
pulley, disc or similar appliance driven by power is not exceeded.
Section 31. Pressure plant. (1) If in any factory, any plant or machinery or any part thereof is operated
at a pressure above atmospheric pressure, effective measures shall be taken
to ensure that the safe working pressure of such plant or machinery or part
is not exceeded.
(2) The State Government may make rules providing for the examination
and testing of any plant or machinery such as is referred to in sub-section
(1) and prescribing such other safety measures in relation thereto as may in
its opinion, be necessary in any factory or class or description of factories.
(3) The State Government may, by rules, exempt, subject to such conditions
as may be specified therein, any part of any plant or machinery referred to
in sub-section (1) from the provisions of this section.
Section 32. Floors, stairs and means of access. In every factory-
(a) all floors, steps, stairs, passengers and gangways shall be of sound
construction, and properly maintained and shall be kept free from
obstructions and substances likely to cause persons to slip and where
it is necessary to ensure safety, steps, stairs, passages and gangways
shall be provided with substantial handrails;
(c) when any person has to work at a height from where he is likely to
fall, provision shall be made, so far as is reasonably practicable, by
fencing or otherwise, to ensure the safety of the person so working.
Section 33. Pits, sumps, openings in floors, etc. (1) In every factory every fixed vessel, sump, tank, pit or opening in the
ground or in a floor which, by reason of its depth, situation, construction or
contents, is or may be a source of danger, shall be either securely covered or
securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such
conditions as may be prescribed, any factory or class or description of
factories in respect of any vessel, sump, tank, pit or opening from
compliance with the provisions of this section.
Section 34. Excessive weights. (1) No person shall be employed in any factory to lift, carry or move any
load so heavy as to be likely to cause him an injury.
(2) The State Government may make rules prescribing the maximum
weights which may be lifted, carried or moved by adult men, adult women,
adolescents and children employed in factories or in any class or description
of factories or in carrying on in any specified process.
Section 35. Protection of eyes. In respect of any such manufacturing process carried on in any factory as
may be prescribed, being a process which involves
(a) risk of injury to the eyes from particles or fragments thrown off in
the course of the process, or
(b) risk to the eyes by reason of exposure to excessive light, the State
Government may by rules require that effective screens or suitable
goggles shall be provided for the protection of persons employed on,
or in the immediate vicinity of, the process.
Section 36. Precautions against dangerous fumes, gases, etc.(1) No person shall be required or allowed to enter any chamber, tank, vat,
pit, pipe, flue or other confined space in any factory in which any gas, fume,
vapour or dust is likely to be present to such an extent as to involve risk to
persons being overcome thereby, unless it is provided with a manhole of
adequate size or other effective means of egress.
(2) No person shall be required or allowed to enter any confined space as is
referred to in sub-section (1), until all practicable measures have been taken
to remove any gas, fume, vapour or dust, which may be present so as to
bring its level within the permissible limits and to prevent any ingress of
such gas, fume, vapour or dust and unless
Where in any factory any manufacturing process produces dust, gas, fume
or vapour of such character and to such extent as to be likely to explode on
ignition, all practicable measures shall be taken to prevent any such
explosion by
(2) Where in any factory the plant or machinery used in a process such as is
referred to in sub-section (1), is not so constructed as to withstand the
probable pressure which such an explosion as aforesaid would produce, all
practicable measures shall be taken to restrict the spread and effects of the
explosion by the provision in the plant or machinery of chokes, baffles, vents
or other effective appliances.
(3) Where any part of the plant or machinery in a factory contains any
explosive or inflammable gas or vapour under pressure greater than
atmospheric pressure, that part shall not be opened except in accordance
with the following provisions, namely:
(a) before the fastening of any joint of any pipe connected with the
part or the fastening of the cover of any opening into the part is
loosened, any flow of the gas or vapour into the part of any such pipe
shall be effectively stopped by a stop-valve or other means;
Provided that the provisions of this sub-section shall not apply in the case of
plant or machinery installed in the open air.
(4) No plant, tank or vessel which contains or has contained any explosive or
inflammable substance shall be subjected, in any factory, to any welding,
brazing, soldering or cutting operation which involves the application of heat
unless adequate measures have first been taken to remove such substance
and any fumes arising therefrom or to render such substance and fumes
non- explosive or non-inflammable and no such substance shall be allowed
to enter such plant, tank or vessel after any such operation until the metal
has cooled sufficiently to prevent any risk of igniting the substance.
(5) The State Government may by rules exempt, subject to such conditions
as may be prescribed, any factory or class or description of factories from
compliance with all or any of the provisions of this section.
Section 38. Precautions in case of fire. (1) In every factory, all practicable measures shall be taken to prevent
outbreak of fire and its spread, both internally and externally, and to provide
and maintain
(a) safe means of escape for all persons in the event of a fire, and
(2) Effective measures shall be taken to ensure that in every factory all the
workers are familiar with the means of escape in case of fire and have been
adequately trained in the routine to be following in such cases.
(3) The State Government may make rules, in respect of any factory or class
or description of factories, requiring the measures to be adopted to give
effect to the provisions of sub-sections (1) and (2).
(4) Notwithstanding anything contained in clause (a) of sub-section (1) or
sub-section (2), if the Chief Inspector, having regard to the nature of the
work carried on in any factory, the construction of such factory, special risk
to life or safety, or any other circumstances, is of the opinion that the
measures provided in the factory, whether as prescribed or not, for the
purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate,
he may, by order in writing, require that such additional measures as he
may consider reasonable and necessary, be provided in the factory before
such date as is specified in the order.
Section 39. Power to require specifications of defective parts or tests
of stability. If it appears to the Inspector that any building or part of a building or any
part of the ways, machinery or plant in a factory is in such a condition that it
may be dangerous to human life or safety, he may serve on the occupier or
(b) to carry out such tests in such manner as may be specified in the
order, and to inform the Inspector of the results thereof.
Section 40. Safety of buildings and machinery. (1) If it appears to the Inspector that any building or part of a building or
any part of the ways, machinery or plant in a factory is in such a condition
that it is dangerous to human life or safety, he may serve on the occupier or
manager or both of the factory an order in writing specifying the measures,
which in his opinion should be adopted and requiring them to be carried out
before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a
building or any part of the ways, machinery or plant in a factory involves
imminent danger to human life or safety he may serve on the occupier or
manager or both of the factory an order in writing prohibiting its use until it
has been properly repaired or altered.
Section 40A. Maintenance of buildings. If it appears to the Inspector that any building or part of a building in a
factory is in such a state of disrepair as is likely to lead to conditions
detrimental to the health and welfare of the workers, he may serve on the
occupier or manager or both of the factory an order in writing specifying the
measures which in his opinion should be taken and requiring the same to be
carried out before such date as is specified in the order.
Section 40B. Safety Officers. (1) In every factory
(a) the Chief Inspector of the State who shall be its Chairman;
(e) a representative of the State Board for the Prevention and Control
of Air Pollution referred to in section 5 of the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981);
and not more than five other members who may be co-opted by the State
Government who shall be- ,
(iii) not more than three other persons as deemed fit by the State
Government
(2) The Site Appraisal Committee shall examine an application for the
establishment of a factory involving hazardous process and make its
recommendation to the State Government within a period of ninety days of
the receipt of such application in the prescribed form.
(3) Where any process relates to a factory owned or controlled by the
Central Government or to a corporation or a company owned or controlled
by the Central Government, the State Government shall co-opt in the Site
Appraisal Committee a representative nominated by the Central Government
as a member of that Committee.
(4) The Site Appraisal Committee shall have power to call for any
information from the person making an application for the establishment or
expansion of a factory involving a hazardous process.
(5) Where the State Government has granted approval to an application for
the establishment of expansion of a factory involving a hazardous process, it
shall not be necessary for an applicant to obtain a further approval from the
Central Board or the State Board established under the Water (Prevention
and Control of Pollution) Act, l974 (6 of 1974) and the Air (Prevention and
Control of Pollution) Act, 1981 {14 of 1981).
Section 41B. Compulsory disclosure of information by the occupier.-
(1) The occupier of every factory involving a hazardous process shall disclose
in the manner prescribed, all informations regarding dangers including
health hazards and the measures to overcome such hazards arising from the
exposure to or handling of the materials or substances in the manufacture,
transportation, storage and other processes, to the workers employed in the
factory, the Chief Inspector, the local authority, within whose jurisdiction the
factory is situate, and the general public in the vicinity.
(2) The occupier shall, at the time of registering the factory involving a
hazardous process lay down a detailed policy with respect to the health and
safety of the workers employed therein and intimate such policy to the Chief
Inspector and the local authority and, thereafter, at such intervals as may be
prescribed, inform the Chief Inspector and the local authority of any change
made in the said policy.
(3) The information furnished under sub-section (1) shall include accurate
information as to the quantity, specifications and other characteristics of
wastes and the manner of their disposal.
(4) Every occupier shall, with the approval of the Chief Inspector, draw up an
on-site emergency plan and detailed disaster control measures for his
factory and make known to the workers employed therein and to the general
public living in the vicinity of the factory, the safety measures required to be
taken in the event of an accident taking place.
(5) Every occupier of a factory shall,
inform the Chief Inspector of the nature and details of the process in such
form and in such manner as may be prescribed.
(6) Where any occupier of a factory contravenes the provisions of subsection (5), the license issued under section 6 to such factory shall,
notwithstanding any penalty to which the occupier of the factory shall be
subjected to under the provisions of this Act, be liable for cancellation.
(7) The occupier of a factory involving a hazardous process shall, with the
previous approval of the Chief Inspector, lay down measures for the handling
usage, transportation and storage of hazardous substances inside the factory
premises and the disposal of such substances outside the factory premises
and publicise them in the manner prescribed among the workers and the
general public living in the vicinity.
Section 41C. Specific responsibility of the occupier in relation to
hazardous processes.Every occupier of a factory involving any hazardous process shall
(a) maintain accurate and up-to-date health records or, as the case
may be, medical records, of the workers in the factory who are
exposed to any chemical, toxic or any other harmful substances which
are manufactured, stored, handled or transported and such records
shall be accessible to the workers subject to such conditions as may be
prescribed;
(c) provide for medical examination of every workero (i) before such worker is assigned to a job involving the handling
of, or working with, a hazardous substance, and
o (ii) while continuing in such job, and after he has ceased to work
in such job, at intervals not exceeding twelve months in such
manner as may be prescribed,
safety observed in the factory with a view to finding out the causes of any
failure or neglect in the adoption of ally measures or standards prescribed
for the health and safety of the workers employed in the factory or the
general public affected, or likely to be affected, due to such failure or neglect
and for the prevention and recurrence of such extraordinary situations in
future in such factory or elsewhere.
(2) The Committee appointed under sub-section (1) shall consist of a
Chairman and two other members and the terms of reference of the
Committee and the tenure of office of its members shall be such as may be
determined by the Central Government according to the requirements of the
situation.
(3) The recommendations of the Committee shall be advisory in nature.
Section 41E. Emergency standards.(1) Where the Central Government is satisfied that no standards of safety
have been prescribed in respect of a hazardous process or class of
hazardous processes, or where the standards so prescribed are inadequate,
it may direct the Director-General of Factory Advice Service and Labour
Institutes or any Institution specialised in matters relating to standards of
safety in hazardous processes, to lay down emergency standards for
enforcement of suitable standards in respect of such hazardous processes.
(2) The emergency standards laid down under sub-section (1) shall, until
they are incorporated in the rules made under this Act, be enforceable and
have the same effect as if they had been incorporated in the rules made
under this Act.
Section 41F. Permissible limits of exposure of chemical and toxic
substances.(1) The maximum permissible threshold limits of exposure of chemical and
toxic substances in manufacturing processes (whether hazardous or
otherwise) in any factory shall be of the value indicated in the Second
Schedule.
(2) The Central Government may, at any time, for the purpose of giving
effect to any scientific proof obtained from specialised institutions or experts
in the field, by notification in the Official Gazette, make suitable changes in
the said Schedule.
Section 41G. Workers' participation in safety management.-
(1) The occupier shall, in every factory where a hazardous process takes
place, or where hazardous substances are used or handled, set up a Safety
Committee consisting of equal number of representatives of workers and
management to promote co-operation between the workers and the
management in maintaining proper safety and health at work and to review
periodically the measures taken in that behalf.
Provided that the State Government may, by order in writing and for reasons
to be recorded, exempt the occupier of any factory or class of factories from
setting up such Committee.
(2) The composition of the Safety Committee, the tenure of office of its
members and their rights and duties shall be such as may be prescribed.
Section 41H. Right of workers to warn about imminent danger.(1) Where the workers employed in any factory engaged in a hazardous
process have reasonable apprehension that there is a likelihood of imminent
danger to their lives or health due to any accident, they may, bring the same
to the notice of the occupier, agent, manager or any other person who is incharge of the factory or the process concerned directly or through their
representatives in the Safety Committee and simultaneously bring the same
to the notice of the Inspector.
(2) Tt shall be the duty of such occupier, agent, manager or the person incharge of the factory or process to take immediate remedial action if he is
satisfied about the existence of such imminent danger and send a report
forth-with of the action taken to the nearest Inspector.
(3) If the occupier, agent, manager or the person in-charge referred to in
sub-section (2) is not satisfied about the existence of any imminent danger
as apprehended by the workers, he shall, nevertheless, refer the matter
forth-with to the nearest Inspector whose decision on the question of the
existence of such imminent danger shall be final.
NOTES.- New Chapter IVA inserted in the Act.- The Factories (Amendment)
Act, 1987, has inserted this new chapter in the Act after Chapter IV.
The new Chapter lays down provisions relating to hazardous process in
sections 41A to 41H.
Under provisions of section 41A of this Chapter the State Government in
empowered to form a Site Appraisal Committee to examine the application
for establishment of a factory involving hazardous process and send its
(a) adequate and suitable facilities for washing shall be provided and
maintained for use of the workers therein;
(c) the foodstuffs to be served therein and the charges which may be
made therefor;
(dd) the items of expenditure in the running of the canteen which are
not to be taken into account in fixing the cost of foodstuffs and which
shall be borne by the employer ;
Section 47. Shelters, rest-rooms and lunch-rooms.(1) In every factory wherein more than one hundred and fifty workers are
ordinarily employed adequate and suitable shelters or rest-rooms and a
suitable lunch-room, with provision for drinking water, where workers can
eat meals brought by them, shall be provided and maintained for the use of
the workers:
Provided that any canteen maintained in accordance with the provisions of
section 46 shall be regarded as part of the requirements of this sub-section:
Provided further that where a lunch-room exists no worker shall eat any food
in the work-room.
(2) The shelters or rest-room or lunch-room to be provided under subsection (1) shall be sufficiently lighted and ventilated and shall be
maintained in a cool and clean condition.
(3) The State Government may
Section 48. Creches (1) In every factory wherein more than thirty women workers are ordinarily
employed there shall be provided and maintained a suitable room or rooms
for the use of children under the age of six years of such women.
(2) Such rooms shall provide adequate accommodation, shall be adequately
lighted and ventilated, shall be maintained in a clean and sanitary condition
and shall be under the charge of women trained in the care of children and
infants.
(d) requiring that facilities shall be given in any factory for the mothers
of such children to feed them at the necessary intervals.
Section 49. 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). 50. Power
to make rules to supplement this Chapter. The State Government may make rules
(a) he has or will have a holiday for whole day on one of three days
immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the
substituted day under clause (a), whichever is earlier,o (i) delivered a notice at the office of the Inspector of his
intention to require the worker to work on the said day and of
the day which is to be substituted, and
o (ii) displayed a notice to that effect in the factory:
Provided that no substitution shall be made which will result in any worker
working for more than ten days consecutively without a holiday for a whole
day.
(2) Notices given under sub-section (1) may be canceled by a notice
delivered at the office of the Inspector and a notice displayed in the factory
not later than the day before the said day or the holiday to be canceled,
whichever is earlier.
(3) Where, in accordance with the Provisions of sub-section (1), any worker
works on the said day and has had a holiday on one of the three days
immediately before it, that said day shall, for the purpose of calculating his
weekly hours of work, be included in the preceding week.
Section 53. Compensatory holidays. (1) Where, as a result of the passing of an order of the making of a rule
under the provisions of this Act exempting a factory or the workers therein
from the provisions of section 52, a worker is deprived of any of the weekly
holidays for which provision is made in sub-section (1) of that section he
shall be allowed, 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.
(2) The State Government may prescribe the manner in which the holidays
for which provision is made in sub-section (1) shall be allowed.
Section 54. Daily hours. Subject to the provisions of section 51, no adult worker shall be required or
allowed to work in a factory for more than nine hours in any day.
Provided that subject to the previous approval of the Chief Inspector the
daily maximum specified in this section may be exceeded in order to
facilitate the change of shifts.
Section 55. Intervals for rest. (1) The periods of work of adult workers in a factory each day shall be so
fixed that no period shall exceed five hours and that no worker shall work for
more than five hours before he has had an interval for rest of at least half an
hour.
(2) The State Government or, subject to the control of the State
Government, the Chief Inspector, may, by written order and for the reason
specified therein, exempt any factory from the provisions of sub-section (1)
so however that the total number of hours worked by a worker without an
interval does not exceed six.
Section 56. Spreadover. The period of work of an adult worker in a factory shall be so arranged that
inclusive of his intervals for rest under section 55, they shall not spreadover
more than ten and a half hours in any day:
Provided that the Chief Inspector may, for reasons to be specified in writing,
increase the spreadover up to twelve hours.
Section 57. Night shifts. Where a worker in a factory works on a shift which extends beyond
midnight,
(a) for the purposes of sections 52 and 53, a holiday for a whole day
shall mean in his case a period of twenty-four consecutive hours
beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of
twenty-four hours beginning when such shift ends, and the hours he
has worked after midnight shall be counted in the previous day.
Section 58. Prohibition of overlapping shifts. (1) Work shall not be carried on in any factory by means of a system of
shifts so arranged that more than one relay of workers is engaged in work of
the same kind at the same time.
(2) The State Government or subject to the control of the State
Government, the Chief Inspector, may, by written order and for the reasons
specified therein, exempt on such conditions as may be deemed expedient,
any factory or class or description of factories or any department or section
of a factory or any category or description of workers therein from the
provisions of sub-section (1).
Section 59. Extra wages for overtime. (1) 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.
(2) For the purposes of sub-section (1), "ordinary rate of wages" means the
basic wages plus such allowances, including the cash equivalent of the
advantage accuring through the concessional sale to workers of foodgrains
and other articles, as the worker is for the time being entitled to, but does
not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece-rate basis, the timerate shall be deemed to be equivalent to the daily average of their full- time
earnings for the days on which they actually worked on the same or identical
job during the month immediately preceding the calendar months during
which the overtime work was done, and such time-rates shall be deemed to
be the ordinary rates of wages of those workers:
Provided that in the case of a worker who has not worked in the immediately
preceding calender month on the same or identical job, the time-rate shall
be deemed to be equivalent to the daily average of the earnings of the
worker for the days on which he actually worked in the week in which the
overtime work was done.
(a) the manner in which the cash equivalent of the advantage accruing
through the concessional sale to a worker of foodgrains and other
articles shall be computed; and
(b) the registers that shall be maintained in a factory for the purpose
of securing compliance with the provisions of this section.
Section 60. Restriction on double employment. No adult worker shall be required or allowed to work in any factory on any
day on which he has already been working in any other factory, save in such
circumstances as may be prescribed.
Section 61. Notice of periods of work for adults. (1) There shall be displayed and correctly maintained in every factory in
accordance with the provisions for sub-section (2) of section 108, a notice of
periods of work for adults, showing clearly for every day the periods during
which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be
fixed beforehand in accordance with the following provisions of this section,
and shall be such that workers working for those periods would not be
working in contravention of any of the provisions of sections 51, 52, 54, 55,
56 and 58.
(3) Where all the adult workers in a factory are required to work during the
same periods, the manager of the factory shall fix those periods for such
workers generally.
(4) Where all the adult workers in a factory are not required to work during
the same periods, the manager of the factory shall classify them into groups
according to the nature of their work indicating the number of workers in
such group.
(5) For each group, which is not required to work on a system of shifts, the
manager of the factory shall fix the periods during which the group may be
required to work.
(6) Where any group is required to work on system of shifts and the relays
are to be subject to pre-determined periodical changes or shifts, the
manager of the factory shall fix the periods during which each relay of the
group may be required to work.
(7) Where any group is to work on a system of shifts and the relays are to
be subject to pre-determined periodical changes of shifts, the manager of
the factory shall draw up a scheme of shifts, whereunder the period during
which any relay or group may be required to work and the relay which will
be working at any time of the day shall be known for any day.
(8) The State Government may prescribe forms of the notice required by
sub-section (1) and the manner in which it shall be maintained.
(9) In the case of a factory beginning work after the commencement of this
Act, a copy of the notice referred to in sub-section (1) shall be sent in
duplicate to the Inspector before the day on which work is begun in the
factory.
(10) Any proposed change in the system of work in any factory which Will
necessitate a change in the notice referred to in sub-section (1) shall be
notified to the Inspector in duplicate before the change is made, and except
with the previous sanction of the Inspector, no such change shall be made
until one week has elapsed since that last change.
Section 62. Register of adult workers. (1) The manager of every factory shall maintain a register of adult workers,
to be available to the Inspector at all times during working hours, or when
any work is being carried on in the factory, showing
(d) where his group works on shift, the relay to which he is allotted;
and
(d) of workers engaged in any work which for technical reasons must
be carried on continuously from the provisions of sections 51, 52, 54,
55 and 56;
(3) Rules made under sub-section (2) providing for any exemption may also
provide for any consequential exemption from the provisions of section 61
which the State Government may deem to be expedient, subject to such
conditions as it may prescribe.
(4) In making rules under this section, the State Government shall not
exceed, except in respect of exemption under clause (a) of sub-section (2),
the following limits of work inclusive of overtime :
(i) the total number of hours of work in any day shall not exceed ten;
(ii) the spreadover, inclusive of intervals for rest, shall not exceed
twelve hours in any one day;
Provided that the State Government may, in respect of any or all of the
categories of workers referred to in clause (d) of sub-section (2), make rules
prescribing the circumstances in which, and the conditions subject to which,
the restrictions imposed by clause (i) and clause (ii) shall not apply in order
to enable a shift worker to work the whole or part of a subsequent shift in
the absence of a worker who has failed to report for duty;
(iv) the total number of hours of overtime shall not exceed fifty for any
one quarter.
(i) the total number of hours of work in any day shall not exceed
twelve;
(ii) the spreadover, inclusive of intervals for rest, shall not exceed
thirteen hours in any one day;
(iii) the total number of hours of work in any week, including overtime,
shall not exceed sixty;
(iv) no worker shall be allowed to work overtime, for more than seven
days at a stretch and the total number of hours of overtime work in
any quarter shall not exceed seventy-five.
Explanation. - In this sub-section "quarter" has the same meaning as in subsection (4) of section 64.
Section 66. Further restriction on employment of women. (1) The provisions of this Chapter shall, in their application to women in
factories, be supplemented by the following further restrictions, namely:
(2) The State Government may make rules providing for the exemption from
the restrictions set out in sub-section (1), to such extent and subject to such
conditions as it may prescribe, of women working in fish-curing or fishcanning factories, where the employment of women beyond the hours
specified in the said restrictions, is necessary to prevent damage to, or
deterioration in any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more
than three years at a time.
No child who has not completed his fourteenth year shall be required or
allowed to work in any factory.
Section 68. Non-adult workers to carry tokens. A child who has completed his fourteenth year or an adolescent shall not be
required or allowed to work in any factory, unless
Section 69. Certificate of fitness. A certifying surgeon shall, on the application of any young person or his
parent or guardian accompanied by a document signed by the manager of a
factory that such person will be employed therein if certified to be fit for
work in a factory, or on the application of the manager of the factory, in
which any young person wishes to work, examine such person and ascertain
his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young
person, in the prescribed form, or may renew
Provided that unless the certifying surgeon has personal knowledge of the
place where the young person proposes to work and of the manufacturing
process in which he will be employed, he shall not grant or renew a
certificate under this sub-section until he has examined such place.
(3) A certificate of fitness granted or renewed under sub-section (2)
(a) shall be valid only for a period of twelve months from the date
thereof:
(i) vary the limits laid down in this sub-section so, however, that no
such section shall authorise the employment of any female, adolescent
between 10 P.M. and 5 A.M.
Section 71. Working hours for children. (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;
(2) The periods shown in the notice required by sub-section (1) shall be
fixed beforehand in accordance with the method laid down for adult workers
in section 61, and shall be such that children working for those periods
would not be working in contravention of any of the provisions of section 71.
(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply
also to the notice required by sub-section (1) of this section.
Section 73. Register of child workers. (1) The manager of every factory in which children are employed shall
maintain a register of child workers, to be available to the Inspector at all
times during working hours or when any work is being carried on in a
factory, showing
(d) where his group works on shifts, the relay to which he is allotted,
and
(e) the number of his certificate of fitness granted under section 69.
he may serve on the manager of the factory a notice requiring that such
person or young person, as the case may be shall be, examined by a
certifying surgeon, and such person or young person shall not, if the
Inspector so directs, be employed, or permitted to work, in any factory until
he has been so examined and has been granted a certificate of fitness or a
fresh certificate of fitness, as the case may be, under section 69, or has
been certified by the certifying surgeon examining him not to be a young
person.
Section 76. Power to make rules. The State Government may make rules
Section 77. Certain other provisions of law not barred. The provisions of this Chapter shall be in addition to, and not in derogation
of, the provisions of the Employment of Children Act, 1938 (XXVt of 1938).
Section 78. Application of Chapter.(1) The provisions of this Chapter shall not operate to prejudice of any right
to which a worker may be entitled under any other law or under the terms of
any award, agreement including settlement or contract of service:
Provided that if such award, agreement (including settlement) or contract of
service provides for a longer annual leave with wages than provided in this
Chapter, the quantum of leave, which the worker shall be entitled to, shall be
in accordance with such award, agreement or contract of service, but in
relation to matters not provided for in such award, agreement or contract of
service or matters which are provided for less favourable therein, the
provisions of sections 79 to 82, so far as may be, shall apply.
(2) The provisions of this Chapter shall not apply to workers in any factory of
any railway administered by the Government, who are governed by leave
rules approved by the Central Government
Section 79. 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 twenty days of work performed by
him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work performed by him
during the previous calendar year.
(c) the leave earned in the year prior to that in which the leave
is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for
the purpose of computation of the period of 240 days or more, but he shall
not earn leave for these days.
Explanation 2. - The leave admissible under this sub-section shall be
exclusive of all holidays whether occurring during or at either end of the
period of leave.
(2) A worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate laid down in clause
(t) or, as the case may be, clause (ii) of sub-section (1) if he has worked for
two-thirds of the total number of days in the remainder of the calendar year.
(3) If a worker is discharged or dismissed from service or quits his
employment or is superannuated or dies while in service, during the course
of the calendar year, he or his heir or nominee, as the case may be, shall be
entitled to wages in lieu of the quantum of leave to which he was entitled
immediately before his discharge, dismissal, quitting of employment,
superannuation or death, calculated at the rates specified in sub-section (1),
even if he had not worked for the entire period specified in sub-section(1) or
sub-section (2) making him eligible to avail of such leave, and such payment
shall be made
(4) In calculating leave under this section, fraction of leave of half a day or
more shall be treated as one full day's leave and fraction of less than half a
day shall be omitted.
(5) If a worker does not in any one calendar year takes the whole of the
leave allowed to him under sub-section (1) or sub-section (2), as the case
may be, any leave not taken by him shall be added to the leave to be
allowed to him in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward
to a succeeding year shall not exceed thirty in the case of an adult or forty in
the case of a child:
Provided further that a worKer, who has applied for leave with wages but has
not been given such leave in accordance with any scheme laid down in subsections (8) and (9) or in contravention of sub-section (10) shall be entitled
to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory
not less than fifteen days before the date on which he wishes his leave to
begin, to take all the leave or any portion thereof allowable to him during
the calendar year:
Provided that the application shall be made not less than thirty days before
the date on which the worker wishes his leave to begin, if he is employed in
a public utility service as defined in clause (n) of section 2 of the Industrial
Disputes Act, 1947 (XIV of 1947):
Provided further that the number of times in which leave may be taken
during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to
cover a period of illness, he shall be granted such leave even if the
application for leave is not made within the time specified in sub-section (6);
and in such a case wages as admissible under section 81 shall be paid not
later than fifteen days, or in the case of a public utility service not later than
thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or
manager of the factory, in agreement with the Works Committee for the
factory constituted under section 3 of the Industrial Disputes Act, 1947 (XIV
of 1947), or a similar Committee constituted under any other Act or if there
is no such Works Committee or a similar Committee in the factory, in
agreement with the representatives of t.he workers therein chosen in the
prescribed manner, may lodge with the Chief Inspector a scheme in writing
whereby the grant of the leave allowable under this section may be
regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some
conspicuous and convenient place in the factory and shall be in force for a
period of twelve months from the date on which it comes into force, and
may thereafter be renewed with or without modification for a further period
of twelve months at a time, by the manager in agreement with the Works
Committee or a similar Committee, or as the case may be, in agreement
with the representatives of the workers as specified in sub-section (8), and a
notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of
sub-section (6) shall not be refused, unless refusal is in accordance with the
scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under subsection (1) or sub-section (2), as the case may be, is terminated by the
occupier before he has taken the entire leave to which he is entitled, or if
having applied for and having not been granted such leave, the worker quits
his employment before he has taken the leave, the occupier of the factory
shall pay him the amount payable under section 80 in respect of the leave
not taken, and such payment shall be made, where the employment of the
worker is terminated by the occupier, before the expiry of the second
working day after such termination, and where a worker who quits his
employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in
computing the period of any notice required to be given before discharge or
dismissal.
Section 80. Wages during leave periods.(1) For the leave allowed to him under section 78 or section 79, as the case
may be, a worker shall be entitled to wages at a rate equal to the daily
average of his total full time earnings for the day on which he actually
worked during the months immediately preceding his leave, exclusive of any
overtime and bonus but inclusive of dearness allowance and the cash
equivalent of advantage accruing through the concessional sale to the
worker of foodgrains and other articles:
Provided that in the case of a worker who has not worked on any day during
the calendar month immediately preceding his leave, he shall be paid at a
rate equal to the daily average of his total full time earnings for the days on
which he actually worked during the last calendar month preceding his leave,
in which he actually worked, exclusive of any overtime and bonus but
inclusive of dearness allowance and the cash equivalent of the advantage
accruing through the concessional sale to the workers of foodgrains and
other articles.]
(2) The cash equivalent of the advantage accruing through the concessional
sale to the worker of foodgrains and other articles shall be computed as
often as may be prescribed, on the basis of the maximum quantity of
foodgrains and other articles admissible to a standard family.
(a) the manner in which the cash equivalent of the advantage accruing
through the concessional sale to a worker of foodgrains and other
articles shall be computed; and
(b) the registers that shall be maintained in a factory for the purpose
of securing compliance with the provisions of this section.
Section 81. Payment in advance in certain cases. A worker who has been allowed leave for not less than four days, in the case
of an adult, and five days, in the case of a child, shall, before his leave
begins, be paid the wages due for the periods of the leave allowed.
Section 82. Mode of recovery of unpaid wages.Any sum required to be paid by an employer, under this Chapter but not paid
by him, shall be recoverable as delayed wages under the provisions of the
Payment of Wages Act, 1936 (IV of 1936).
Section 83. Power to make rules.The State Government may make rules directing managers of factories to
keep registers containing such particulars as may be prescribed and
requiring the registers to be made available for examination by Inspectors.
Section 84. Power to exempt factories.Where the State Government is satisfied that the leave rules applicable to
workers in a factory provide benefits which in its opinion, are not less
favourable than those for which this Chapter makes provisions, it may by
written order, exempt the factory from all or any of the provisions of this
Chapter subject to such conditions as may be specified in the order.
(i) the number of persons employed therein is less than ten, if working
with the aid of power, and less than twenty if working without the aid
of power, or
(ii) the persons working therein are not employed by the owner
thereof but are working with the permission of, or under agreement
with, such owner:
Section 88A. Notice of certain dangerous occurrences.Where in a factory any dangerous occurrence of such nature as may be
prescribed, occurs, whether causing any bodily injury or disability, or not,
the manager of the factory shall send notice thereof to such authorities, and
in such form and within such time, as may be prescribed.
Section 89. Notice of certain diseases. (1) Where any worker in a factory contacts any disease specified in the Third
Schedule the manager of the factory shall send notice thereof to such
authorities, and in such form and within such time, as may be prescribed.
(2) If any medical practitioner attends on a person, who is or has been
employed in a factory, and who is, or is believed by the medical practitioner
to be suffering from any disease specified in the Third Schedule the medical
practitioner shall without delay send a report in writing to the office of the
Chief Inspector stating
(b) the disease from which he believes the patient to be suffering, and
(c) the name and address of the factory in which the patient is, or was
last employed.
(3) Where the report under sub-section (2) is confirmed to the satisfaction of
the Chief Inspector, by the certificate of the certifying surgeon or otherwise,
that the person is suffering from a disease specified in the Third Schedule,
he shall pay to the medical practitioner such fee as may be prescribed, and
the fee so paid shall be recoverable as an arrear of land revenue from the
occupier of the factory in which the person contacted the disease.
(4) If any medical practitioner fails to comply with the provisions of subsection (2), he shall be punishable with fine which may extend to one
thousand rupees.
(5) The Central Government may, by notification in the Official Gazette, and
to or alter the Third Schedule and any such addition or alteration shall have
effect as if it had been made by this Act.
Section 90. Power to direct inquiry into cases of accident or disease.-
(b) in the opinion of the Inspector, likely to cause bodily injury to, or
injury to the health of, workers in the factory.
(2) Where the Inspector takes a sample under sub-section (1), he shall, in
the presence of the person informed, under that sub-section unless such
person wilfully absents himself, divide the sample into three portions and
effectively, seal and suitably mark them, and shall permit such person to add
his own seal and mark thereto.
(3) The person informed as aforesaid shall, if the Inspector so requires,
provide the appliances for dividing, sealing and marking the sample taken
under this section.
(4) The Inspector shall
(a) forthwith give one portion of the sample to the person informed
under sub-section (1);
(c) retain the third portion for production to the Court before which
proceedings, if any, are instituted in respect of the substance.
for the provision and maintenance of common facilities and services, such as
approach roads, drainage, water supply, lighting and sanitation.
(2) The Chief Inspector shall have, subject to the control of the State
Government, power to issue order, to the owner of the premises in respect
of the carrying out of the provisions of sub-section (1).
(3) Where in any premises, independent or self-contained floor or fiats are
leased to different occupiers for use as separate factories, the owner of the
premises shall be liable as if he was the occupier or manager of a factory, for
any contravention of the provisions of this Act in respect of
(ii) fencing of machinery and plant belonging to the owner and not
specifically entrusted to the custody or use of an occupier;
(iii) safe means of access to the floors or flats and maintenance and
cleanliness of staircases and common passages;
(4) The Chief Inspector shall have, subject to the control of the State
Government, power to issue orders to the owner of the premises in respect
of the carrying out of the provisions of sub-section (3).
(5) The provisions of sub-section (3) relating to the liability of the owner
shall apply where in any premises independent rooms with common latrines,
urinals and washing facilities are leased to different occupier, for use as
separate factories:
Provided that the owner shall be responsible also for complying with the
requirements relating to the provisions and maintenance of latrines, urinals
and washing facilities.
(6) The Chief Inspector shall have, subject to the control of the State
Government, the power to issue orders to the owner of the premises
(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:
(8) The Chief Inspector shall have, subject to the control of the State
Government, power to issue orders to the owner of premises in respect of
the carrying out of the provisions of sub-section (7).
(9) In respect of sub-sections (5) and (7), while computing for the purposes
of any of the provisions of this Act the total number of workers employed,
the whole of the premises shall be deemed to be a single factory.
Section 94. Enhanced penalty after previous conviction.(1) If any person who has been convicted of any offence punishable under
section 92 is again found guilty of an offence involving a contravention Of
the same provision, he shall be punishable on a subsequent conviction with
imprisonment for a term which may extend to three years or with fine, which
shall not be less than ten thousand rupees but which may extend to two lakh
rupees or with both;
Provided that the Court may, for any adequate and special reasons to be
mentioned in the judgment, impose a fine of less than ten thousand rupees:
Provided further that where contravention of any of the provisions of Chapter
IV or any rule made thereunder or under section 87 has resulted in an
accident causing death or serious bodily injury, the fine shall not be less than
thirty five thousand rupees in the case of an accident causing death and ten
thousand rupees in the case of an accident causing serious bodily injury.
(2) For the purpose of sub-section (1), no cognizance shall be taken of any
conviction made more than two years before the commission of the offence
for which the person is subsequently being convicted.
Section 95. Penalty for obstructing inspector.Whoever wilfully obstructs an Inspector in the exercise of any power
conferred on him by or under this Act, or fails to produce on demand by an
Inspector any register or other documents kept in his custody in pursuance
of this Act or of any rules made thereunder, or conceals or prevents any
workers, in a factory from appearing before, or being examined by, an
inspector, shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to ten thousand rupees
or with both.
Section 96. Penalty for wrongfully disclosing results of analysis
under section 91.Whoever, except in so far as it may be necessary for the purposes of a
prosecution for any offence punishable under this Act, publishes or discloses
to any person the results of an analysis made under section 91, shall be
punishable with imprisonment for a term, which may extend to six months
or with fine, which may extend to ten thousand rupees or with both.
Section 96A. Penalty for contravention of the provisions of sections
41B, 41C and 41H.(1) Whoever fails to comply with or contravenes any of the provisions of
sections 41B, 41C or 41H or the rules made thereunder, shall, in respect of
such failure or contravention, be punishable with imprisonment for a term
which may extend to seven years and with fine which may extend to two
lakh rupees, and in case the failure or contravention continues, with
additional fine which may extend to five thousand rupees for every day
during which such failure or contravention continues, after the conviction for
the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues
beyond a period of one year after the date of conviction, the offender shall
be punishable with imprisonment for a term which may extend to ten years.
Section 97. Offences by workers.-
(a) that he has used due diligence to enforce the execution of this Act,
and
(b) that the said other person committed the offence in question
without his knowledge, consent or connivance,
that other person shall be convicted of the offence and shall be liable to the
like punishment as if he was the occupier or manager of the factory, and the
occupier or manager, as the case may be, shall be, discharged from any
liability under this Act in respect of such offence:
Provided that in seeking to prove as aforesaid, the occupier or manager of
the factory, as the case may be, may be examined on oath, and his evidence
and that of any witness whom he calls in his support, shall be subject to
cross-examination on behalf of the person he charges as the actual offender
and by the prosecutor:
Provided further that, if the person charged as the actual offender by the
occupier or manager, cannot be brought before the court at the time
appointed for hearing the charge, the court shall adjourn the hearing from
time to time for a period not exceeding three months and if by the end of
the said period the person charged as the actual offender cannot still be
brought before the court, the court shall proceed to hear the charge against
the occupier or manager and shall, if the offence be proved, convict the
occupier or manager.
Section 102. Power of court to make orders.(1) Where the occupier or manager of a factory is convicted of an offence
punishable under this Act the court may, in addition to awarding any
punishment, by order in writing require him, within a period specified in the
order (which the court may, if it thinks fit and on application in such- behalf,
from time to time extend) to take such measures as may be so specified for
remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1), the occupier or manager
of the factory, as the case may be, shall not be liable under this Act in
respect of the continuation of the offence during the period or extended
period, if any, allowed by the court, but if, on the expiry of such period or
extended period, as the case may be, the order of the court has not been
fully complied with, the occupier or manager, as the case may be, shall be
deemed to have committed a further offence, and may be sentenced
therefor by the court to undergo imprisonment for a term which may extend
to six months or to pay a fine which may extend to one hundred rupees for
every day after such expiry on which the order has not been complied with,
or both to undergo such imprisonment and to pay such fine as aforesaid.
Section 103. Presumption as to employment.If a person is found in a factory at any time, except during intervals for
meals or rest, when work is going on or the machinery is in motion, he shall
until the contrary is proved, be deemed for the purposes of this Act and the
rules made thereunder to have been at that time employed in the factory.
Section 104. Onus as to age.(1) When any act or omission would, if a person was under a certain age, be
an offence punishable under this Act, and such person is in the opinion of
the Court prima facie under such age, the burden shall be on the accused to
prove that such person is not under such age.
(2) A declaration in writing by a certifying surgeon relating to a worker that
he has personally examined him and believes him to be under the age stated
in such declaration shall, for the purposes of this Act and the rules made
thereunder, be admissible as evidence of the age of that worker.
Section 104A. Onus of proving limits of what is practicable, etc. In any proceeding for an offence for the contravention of any provision of
this Act or rules made thereunder consisting of a failure to comply with a
duty or requirement to do something, it shall be for the person who is
alleged to have failed to comply with such duty or requirement, to prove that
it was not reasonably practicable or as the case may be, all practicable
measures were taken to satisfy the duty or requirement.
Section 105. Cognizance of offences.(1) No court shall take cognizance of any offence under this Act except on
complaint by, or which previous sanction in writing of, an Inspector.
(2) No court below that of a Presidency Magistrate or of a Magistrate of the
first class shall try any offence punishable under this Act.
Section 106. Limitation of prosecution.No court shall take cognizance of any offence punishable under this Act
unless complaint thereof is made within three months of the date on which
he alleged commission of the offence, came to the knowledge of an
Inspector.
Provided that where the offence consists of disobeying a written order made
by an Inspector, complaint thereof may be made within six months of the
date on which the offence is alleged to have been committed.
Explanation. - For the purposes of this section,
Provided that if no assessor is appointed by such body before the time fixed
for hearing the appeal, or if the assessor so appointed fails to attend the
hearing at such time, the appellate authority may, unless satisfied that the
failure to attend is due to sufficient cause, proceed to hear the appeal
without the aid of such assessor or if it thinks fit, without the aid of any
assessor.
(3) Subject to such rules as the State Government may make in this behalf
and subject to such conditions as to partial compliance or the adoption of
temporary measures as the appellate authority may in any case think fit to
impose, the appellate authority may, if it thinks fit, suspend the order
appealed against, pending the decision of the appeal.
Section 108. Display of notices.(1) In addition to the notices required to be displayed in any factory by or
under this Act, there shall be displayed in every factory a notice continuing
such abstracts of this Act, and of the rules made thereunder as may be
prescribed and also the name and address of the Inspector and the certifying
surgeon.
(2) All notices required by or under this Act to be displayed in a factory shall
be in English and in a language understood by the majority of the workers in
the factory, and shall be displayed at some conspicuous and convenient
place at or near the main entrance to the factory, and shall be maintained in
a clean and legible condition.
(3) The Chief Inspector may, by order in writing serve on the manager of
any factory, require that there shall be displayed in the factory any other
notice or poster relating to the health, safety or welfare of the workers in the
factory.
Section 109. Service of notices.The State Government may make rules prescribing the manner of the
service of orders under this Act on owners, occupiers or managers of
factories.
Section 110. Returns.The State Government may make rules requiring owners, occupiers or
managers of factories to submit such returns, occasional or periodical, as
may in its opinion be required for the purpose of this Act,
(c) shall wilfully neglect to make use of any appliances or other things
provided in the factory for the purposes of securing the health or
safety of the workers therein.
(ii) get trained within the factory wherever possible, or, to get himself
sponsored by the occupier for getting trained at a training centre or
institute, duly approved by the Chief Inspector, where training is
imparted for workers' health and safety at work,
Section 112. General power to make rules.The State Government may make rule providing for any matter which, under
any of the provisions of this Act, is to be or may be prescribed or which may
be considered expedient in order to give effect to the provisions of this Act.
Section 113. Powers of Centre to give directions.-
whether pursuant to this Act or otherwise or, for the purposes of any report
of such proceedings as aforesaid.
(3) If any Inspector contravenes the provisions of sub-section (1) he shall be
punishable with imprisonment for a term, which may extend to six months
or with fine, which may extend to one thousand rupees, or with both.
Section 118A. Restriction on disclosure of information.(1) Every Inspector shall treat as confidential the source of any complaint
brought to his notice on the breach of any provision of this Act.
(2) No Inspector shall, while making an inspection under this Act, disclose to
the occupier, manager or his representative that the inspection is made in
pursuance of the receipt of a complaint:
Provided that nothing in this sub-section shall apply to any case in which the
person who has made the complaint has consented to disclose his name.
Section 119. Act to have effect notwithstanding anything contained
in Act 37 of 1970.The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in the Contract Labour (Regulation and
Abolition) Act, 1970 or any other law for the time being in force.
Section 120. Repeal and savings.The enactment set out in the Table appended to this section are hereby
repealed:
Provided that anything done under the said enactments, which could have
been done under this Act, if it had been in force, shall be deemed to have
been done under this Act.