B.A.LL.B.

(HONS)
Session-2020-2021
Name of the Student: Sanskriti Jain_ _
Semester: V Enroll No. DL1801537
University Exam Roll No. 80440185
Status: Regular/ATKT: Regular
Assignment Subject: Labour Law
Assignment Topic: An Analysis of factories act 1948 in the
view/perspective of health provisions and safety measures

Submitted to : Submitted by:

ASST. PROF. Ms. Hiral Name: Sanskriti Jain
Pandey Semester: V
Date: _
Marks Obtained

1
 ACKNOWLEDGEMENT

I have put in efforts in this assignment. However, it would not h

ave been possible without the kind support and help of many in
dividuals and organizations. I would like extent my sincere thank
s to all of them.

I thank my God for providing me with everything that I required

in completing this assignment.

I am highly indebted to the Teacher in Charge ASST. PROF. Ms.

Hiral Pandey for guidance and constant supervision as well as
for or providing necessary information regarding the
assignment an d also for her support in completing the
assignment.

I would like to express my gratitude towards my parents for thei

r kind co-operation and encouragement which helped me in the
completion of this assignment.

My hearty thanks and appreciations go to my classmates in dev

eloping the assignment and to the people who have willingly hel
ped me out with their abilities.
Student Name: Sanskriti Jain
2
 CERTIFICATE OF AUTHENTICITY

This is to certify that: Sanskriti Jain student of 5TH semester

has successfully completed the below mentioned assignment
under the guidance of ASST. PROF. Ms. Hiral Pandey (subject
teacher) during the year 2020-2021.

Student Name- Sanskriti Jain

3
 DECLARATION

I, Sanskriti Jain, hereby declare that the project titled:

“An Analysis of factories act 1948 in the view/perspective of
health provisions and safety measures”
Was solely undertaken by myself and that no help was
provided from other sources as those allowed. All sections of
the paper that use quotes or describe an argument or concept
developed by another author have been referenced, including
all secondary literature used, to show that this material has
been adopted to support my thesis.

I take full responsibility for any kind of plagiarism.

Signature of the Student: Sanskriti Jain

Place: Indore

Date: 8th January 2021

4
 INDEX

Sr.No. Contents Page

No.
1. UNIQUENESS REPORT 7

2. OJECT AND RESEARCH 8

3. ABSTRACT 9

4. INTRODUCTION 9

5. HEALTH-RELATED 10
PROVISIONS

6. SAFETY-RELATED 10
PROVISION

7. PRECAUTIONS 18

8. CASES RELATED TO 19
HEALTH AND SAFETY
PROVISIONS
9. ANALYSIS OF HEALTH 20
PROVISIONS (CHAPTER
III)
10. ANALYSIS OF SAFETY 20
PROVISIONS (CHAPTER
III)
11. CONCLUSION 21

12.

13.

5
 UNIQUENESS REPORT

Words 471 Date December 25, 2020

Characters 2189 Exclude Url
11% Plagiarism
89% Unique
0 Plagiarized Sentences
47 Unique Sentences
Content Checked For Plagiarism

Government of India has passed Factories Act, 1948 to ensure a fair deal to employees and
employers regarding various aspects of health and safety measures at the workplace after
Independence. The regulation in working conditions was done by the state Government in India
in 1881. It was the time when first Factories Act passed. Afterwards, amendments were done
under this act in 1911, 1922, 1923, 1926, 1931, 1935, 1940, 1945, and in 1946. In 1947,
Government of India introduced a bill, which becomes law after certain modifications on 1
April, 1948. The main objective of this act is to protect workers employed in the
organization against industrial and occupational hazards.

Factories Act, 1948 was enacted to regulate the provisions of the basic minimum
requirements for health, safety and welfare of the workers as well as regulating the
annual leave with wages, holidays, employment of young persons and women at
dangerous machines etc. Mainly health, safety and welfare facilities have been included in the
study. Labour is an important constituent which plays a crucial role in the economic
development of the nation. Gone are those days of ill-treatment of labour and the prosecution of
the rights of labour. They should be kept satisfied to work for the organization and ultimately the
nation as a whole. Hence, employers have started expanding welfare activities for their
employees. If all those amenities are provided to the workers in a fair manner, then they will be
motivated and do more work at the workplace. It will leads to more profitability and productivity
of the organization. All the provisions under Factories Act, 1948 are very important for the
workers.

6
 OBJECTIVE AND SCOPE:
. The Researcher has analyzed the provisions with respect to above mentioned analysis.

RESEARCH METHODOLOGY:
For this project, we followed doctrinaire method which includes both descriptive method and
analytical method of writing throughout this project. We went through number of blogs,
editorials, articles and various websites on the internet. The Researcher has analyzed the
provisions with respect to above mentioned analysis.

7
 ABSTRACT

Health and safety concerns are the need of the hour with respect to the workplace environment.
In India, codified legislation for the same has come a long way with the enactment of the
Factories Act, 1948 which entails the provisions for this issue. When it comes to health and
safety issues, they can be said to be one of the major reasons for debate today in terms of their
legislative strength and implementation, as worker well-being is paramount in the smooth
functioning and progress of any industrial set-up. By means of this research paper, the researcher
aims to analyze the health and safety provisions provided in this legislation and examine their
scope and framework, looking into their effective implementation as well with the help of case
laws.
INTRODUCTION

Government of India has passed Factories Act, 1948 to ensure a fair deal to employees and
employers regarding various aspects of health and safety measures at the workplace after
Independence. The regulation in working conditions was done by the state Government in India
in 1881. It was the time when first Factories Act passed. Afterwards, amendments were done
under this act in 1911, 1922, 1923, 1926, 1931, 1935, 1940, 1945, and in 1946. In 1947,
Government of India introduced a bill, which becomes law after certain modifications on 1
April, 1948. The main objective of this act is to protect workers employed in the
organization against industrial and occupational hazards.

 Factories Act, 1948 was enacted to regulate the provisions of the basic minimum
requirements for health, safety and welfare of the workers as well as regulating
the annual leave with wages, holidays, employment of young persons and women
at dangerous machines etc. Mainly health, safety and welfare facilities have been
included in the study. Labour is an important constituent which plays a crucial role in the
economic development of the nation. Gone are those days of ill-treatment of labour and
the prosecution of the rights of labour. They should be kept satisfied to work for the
organization and ultimately the nation as a whole. Hence, employers have started
expanding welfare activities for their employees. If all those amenities are provided to
the workers in a fair manner, then they will be motivated and do more work at the

8
 workplace. It will leads to more profitability and productivity of the organization. All the
provisions under Factories Act, 1948 are very important for the workers.1

HEALTH-RELATED PROVISIONS

SECTION 11: CLEANLINESS2

Every factory must be free and clean from effluvia which arise from the drain, privy or other
nuisance. There is also a need to remember certain things like-.
Passage, floor, staircases clean regularly and the benches of the workroom were also made clean.
All accumulation of dirt must be clean by sweeping or to adopt any other method as well. All dirt
must be disposed of in a prescribed manner. Once a week the floor must be cleaned by some
disinfectant or use any other effective method. The manufacturing process is like that which wet
the floor then the drainage system must be adopted to dry it or certain other methods were also
used to clean it.
There are certain other provisions regarding walls, partition, top of a room or ceiling. All sides of
walls, passages, and staircases shall be-
1. The walls must be repainted or if they are painted with washable paint then do that in
once a five year.
2. The walls are one a coat every three years and if they are washable then wash the wall
every six months.
3. If they are smooth enough then clean the walls every fourteen-months as the method
prescribes.
4. If the wall is painted with whitewash or color wash then for cleaning do that whitewash
and color wash every fourteen months.
5. All doors painting and if they are made for wood then varnishing must be done at least
every five years.
6. The date is also registered in which the process of painting, washing, varnishing, and
cleaning is done.

1
Anushka Kamthan, Health and Safety provisions under Factories Act, 1948, (May 3, 2020),
https://www.ourlegalworld.com/health-and-safety-provisions-under-factories-act-1948/.
2
Section 11, The Factories Act, 1948, (Act 63 of 1948).

9
 7. The occupier is not able sometimes to follow all the above provisions so the state
government wants to exempt any factory, class of factory or description of the factory.
But also provide the alternative method to clean the factory.

SECTION 12: DISPOSAL OF WASTES AND EFFLUENTS 3

The factory must adopt proper methods to dispose of the waste or effluents so they do not harm
anyone. The state government also provides the method for disposing of waste or effluents.

SECTION13: VENTILATION AND TEMPERATURE4

To maintain proper ventilation and temperature-
Infrastructure made just like that fresh air comes and dust air is removed automatically. That
method is adopted by the factory so that the temperature is maintained. The state government
provides different temperatures for a different industry. The temperature must not increase to that
level. If the chief inspector sees that temperature is high in the factory then the chief inspector
has given notice to the occupier to maintain the temperature and adopt certain measures for that.

SECTION 14: DUST AND FUME

Dust and fumes are dangerous for the health of employees then the employer has to maintain the
balance. The internal combustion engine is not started until there is no proper ventilation in the
factory. Proper exhaust appliances must be used by the factory otherwise it has an injurious
effect on workers. It also caused cancer and tuberculosis.5

SECTION 15: ARTIFICIAL HUMIDIFICATION6

In manufacturing, process humidity is maintained by the employer to adopt the various methods.
It will be a must to maintain the temperature of that area where workers are working. If to
maintain a humidity water cooler is used then the employer must make it clean. If air and water
are used to maintain the temperature then it will be taken from a public supply or another source
of drinking water. Water is used for increasing humidity then it will be purified. If the inspector
realizes that water used to maintain humidity is nit purified then be given the notice to the
manager of the factory and also specifies the method of water purification.

3
Section 12, The Factories Act, 1948, (Act 63 of 1948).
4
Section 13, The Factories Act, 1948, (Act 63 of 1948).
5
Section 14, The Factories Act, 1948, (Act 63 of 1948).
6
Section 15, The Factories Act, 1948, (Act 63 of 1948).

10
SECTION 16: OVERCROWDING
No workroom of the factory is overcrowded because it was injurious to the health of workers. If
a factory is established before the commencement of this Act then the distance between workers
is 9.9 cubic meters, but if a factory is established after the commencement of this Act then the
distance between two workers is 14.2 cubic meters. The floor of the room is high at 4.2 meters.
If the chief inspector notifies how many workers are working in a workroom then-employer
follows the order of the chief inspector. The chief inspector has given notice in writing to exempt
that part then the exemption is provided if the chief inspector is satisfied there is no issue related
to workmen working in less distance.7

SECTION 17: LIGHTING

In the factory, proper light is provided to the workers. If proper light is not provided to workers
then it causes a bad effect on the eyes of workers and due to its various dangerous diseases are
caused to the worker.Glass and titles reflect light then it harms the eyes of the worker then these
types of titles must be removed. In passage and staircases provide proper light. The state
government made rules related to lighting and implemented it accordingly.8

SECTION 18: DRINKING WATER9

To provide proper facilities for drinking water. Drinking water is a must condition. In writing it
was mentioned that drinking water is provided here and this was written in that language which
is used by the majority of the workers. It was on that font size visible to all the workers. Drinking
water distance 6m form other washing places like latrine and urinal facility, drainage, spittoon.
The state government has the power to shorten the distance. In a factory more than 25o workers
are working then according to whether drinking water is provided in summer cold drinking water
is provided to the workers.

SECTION 19: LATRINES AND URINALS 10

It is a general facility of latrines and urinals. This facility is provided to workers.
For males and females, different facilities of latrines and urinals are provided in a factory.
In latrines and urinals proper facility of light and ventilation is provided. Cleaning and sanitary
7
Section 16, The Factories Act, 1948, (Act 63 of 1948).
8
Section 17, The Factories Act, 1948, (Act 63 of 1948)
9
Section 18, The Factories Act, 1948, (Act 63 of 1948).
10
Section 19, The Factories Act, 1948, (Act 63 of 1948).

11
properly maintained in latrines and urinals. The sweeper is hired by an employer whose duty is
to clean the place of latrine and urine regularly. If any factory where more than 250 workers are
working then a certain facility is provided to the employees of the worker.
The internal walls of the floor of the urinal and latrine are nine centimeters. If the partition is
used between the washroom of male and female then the partition must have glazed tiles. The
smooth polished surface is used in latrine and urinals.
The state government prescribes the number of urinals and latrines in a factory. The employer’s
duty to maintain sanitary conditions in the factory and also take care of the health of workers.

SECTION 20 SPITTOONS
To place the spittoons in the factory according to the convenient number. It must place in a clean
and hygienic condition. The state government makes rules related to spittoons and also makes
rules regarding it. If spittoons in a factory then no person spits in any other place. Spittoons can
be washed daily by disinfectant. If anyone breaks the rule of spittoons then punishment is not
exceeding rupees 5.

SAFETY-RELATED PROVISION

SECTION 21 FENCING OF MACHINERY11

In every factory where a motion or transmission machine is used in that condition, fencing is a
must. The speed of the automatic moving machine is very high and it creates the danger of the
life of workers. But we remove fencing with proper safeguards while it is necessary to oiling or
lubricant. When belt mounting or shipping time we also remove the fencing of the machine.
The state government prescribes different rules to different factories because it depended upon
the speed of the motion machine.

SECTION 22: WHEN EMPLOYEES WORK ON OR NEAR MACHINERY IN MOTION 12

If any worker is working near a motion machine and on the motion machine then proper cloth
provided to that person.
The only adult male can work on a motion machine.
Do those people want to work on a motion machine more than before it? These people are given
11
Section 21, The Factories Act, 1948, (Act 63 of 1948).
12
Section 22, The Factories Act, 1948, (Act 63 of 1948).

12
training on it.how to handle the motion machine?
No young person or woman can work on a motion machine or near on that motion machine. If
any adult person works on mounting a belt then the length of the belt is not more than 15 cm. If
belt length is more than 15 cm then the worker denies doing work on the machine. In a time of
mounting check, that belt joint is joint properly or not. To take all precautions when any person
works on the machine.

SECTION 23: EMPLOYMENT OF YOUNG PERSON ON DANGEROUS MACHINES 13

In ordinary conditions, young persons are not allowed to work over the machine. Firstly we
trained that person and provided thorough knowledge about that machine. That young person is
working under the control of the supervisor or supervision of a trained person.

SECTION 24 STRIKING GEAR AND DEVICES FOR CUTTING OFF POWER 14

There are some machines in the factory which are run through gear. In a gear mechanism, there
is a separate switching box. So the switching box must be outside that room where the gear
mechanism is running. Gear of machine and switch on or off the button must be covered. When a
person is going to work on the machine then it is necessary to check that gear must be neutral.
The switch of the gearbox is off. The name of the person who is going for work must be
registered under the register maintained by the employer. Firstly switch off the gear and lock
them after that person is allowed to do work on the machine. A person standing nearby switches
his duty to check that everything is ok or not. The speed of the gear mechanism is very high if
we do any negligence toward it then it causes the death of a worker who is working on the
machine.

SECTION 25 SELF-ACTING MACHINE15

Self-acting machine speed is very high so where the machine is established needs to leave a
space. The person who is employed in the factory or not maintains distance from the self-acting
machine. The distance between machine and passage is 45 centimeter every industry follows this
rule. The chief inspector feels that there is no maintenance of rule then passes an order to follow
13
Section 23, The Factories Act, 1948, (Act 63 of 1948).
14
Section 24, The Factories Act, 1948, (Act 63 of 1948).
15
Section 25, The Factories Act, 1948, (Act 63 of 1948).

13
the rule in that area.

SECTION 26 CASING OF NEW MACHINERY16

When a new machine is installed in a factory then measures to be adopted by the employer. All
screw, bolt or key or any revolving shaft, wheel or pinion or spindle must in a proper way. Seller
or hire check all the safety measures. Gear and various parts of the machine must be covered by
the case so that it cannot harm the workers of the factory. After the commencement of this Act,
all rules and regulations followed by the employer were made by the State government. After
installing the machine some employees are trained by the employer how to run a machine. So,
that worker can take all precautionary measures and no dangers on the health of workers.

SECTION 27 PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTON

OPENERS17

In any factory of cotton, where there is a work of cotton opener no women or children are
employed. Women and children are in a separate room of cotton opener. They are allowed to
work on the cotton end portion. The inspector has to check that no women or child work in
cotton openers part of the factory otherwise he is given notice to the occupier of the factory.

SECTION 28 HOISTS AND LIFTS

Hoists and lifts made of strong material so they are capable to bring heavy materials.
A competent person checks the hoists and lifts every six months at least. The registered is
maintained in which all the entry is mentioned of an examination.
The way of hoists and lifts is covered with an enclosure and the gate is used to prevent the
person. This enclosure was also made by a sound material.
There is a maximum limit of every hoist and lifts so no overloaded hoists and lifts used.
If a hoist and lift are used to carry a person then it was covered by a gate on both sides so that the
person must be safe in the hoist and lift.
To pull the hoist and lift two chains or rope are used by the employer for the safety of workers.
Efficient equipment is used to control the cage.

16
Section 26, The Factories Act, 1948, (Act 63 of 1948).
17
Section 27, The Factories Act, 1948, (Act 63 of 1948).

14
The state government is not satisfied with the condition of the hoist and lift then State
government given the order to maintain it properly because it was very necessary for the safety
of workers.

SECTION 29: LIFTING MACHINES, CHAINS, ROPES, AND LIFTING TACKLES

Aby lifting machines must be made by sound material because they are used to carry a person or
materials, goods also. Chains, ropes are made of good material so that we can use in construction
and another industrial purpose otherwise it creates the danger of the safety of workers. A
competent person checks all lifting machines, chains, ropes, and lifting tackles in every twelve
months. The register is maintained of examination. The chief inspector checks the register at any
time so it should be properly maintained. The state government has the power to make the rules
related to lifting machines etc.

SECTION 30 REVOLVING MACHINERY

The grinding process is done in any factory. So that there is a necessity to establish a machine on
that premises or nearby that. The grinding speed is very high and if anyone comes in the contract
of the machine then it causes the death of the person. The diameter of the machine must be
secured so that it cannot harm the workers. State government prescribes speed of machine no one
can exceed the speed. Those instruments who are revolving by self the speed of these
instruments were also maintained like a revolving vessel, cage, basket, flywheel, pulley.

SECTION 31 PRESSURE PLANT

If any machine is used in a factory that is run by pressure more than atmospheric pressure then
effective measures shall be taken by the employer for the safety of workers.
For the examination and testing state government makes rules regarding pressure plants. The
state governments also adopt various safety measures regarding the safety of workers.
The state government also exempts any industry or plant for the provision of this section.

SECTION 32 FLOORS, STAIRS, AND MEANS OF ACCESS

When the product is ready then the stock is placed in free space. It is not the right way to use this
technique. When the stock is pending then it settled down by employer in upstairs, floors, etc. In
15
the factory there is easy access to the way, to leave free space. The state government makes
safety measures regarding floors, stairs, and means of access. It was made by a proper
contraction and also maintained properly.

SECTION 33 PITS, SUMPS, OPENINGS IN FLOORS, ETC.

Pits, tanks, sumps, and opening floors must be covered properly because of the depth,
construction or contents. These are created a danger to the workers who are working near it.

The state government also exempt some industry or plant or class to this provision by giving the
order in writing.

SECTION 34 EXCESSIVE WEIGHTS

In any factory, no one carries excessive weight so that it causes injury to the person No employer
can load a heavyweight on workers. The State government prescribe the maximum weight lifting
by any adult men, adult women, adolescence and children employed in factories. They are fixing
the various classes of industries or any description of factories.

SECTION 35: PROTECTION OF EYES18

In a factory where the manufacturing process creates the particles in the air and also some
explosive light comes from the manufacturing plant. This can affect the eyes of workers. So
proper safety measure was adopted by the employer to protect the eyes of the worker. The state
government provides an effective screen or suitable goggles so that the eyes of workers remain
safe.
PRECAUTIONS

SECTION 36: PRECAUTION AGAINST DANGEROUS FUMES, GASES, ETC.

No person is allowed to enter any hole, Pit or tank. If they are filled with dangerous fumes and
gases because it was dangerous to human health.
The person is permitted to enter any pit, hole, and tank. Where the dangerous fumes are in
permissible form. Before sending any person in dangerous fumes vapor firstly it was checked by
18
Section 35, The Factories Act, 1948, (Act 63 of 1948).

16
a competent person. Competent people doing tests and given certificates after that person is
allowed to enter any kind of chamber.
A person who is entering any kind of chamber or pit. They bear all the safety. He is securely
attached by a rope one end of rope carry by a person who is outside the pit and he will manage
the rope properly.
All apparatus and safety measures should be adopted.
Section 36A Precaution regarding the use of portable electric light
In-pit and chamber there is no facility of light so the workers are allowed to take a light with
themself. The voltage of light is not more than 24 volt otherwise it was dangerous to the health
of workers.

SECTION 37: EXPLOSIVE OR INFLAMMABLE DUST, GAS, ETC.

The manufacturing process in the factory produces any kind of dust, fumes, gases, and vapor.
These gases, dust, and vapor are inflammable and produce ignition then these types of the
process must be stopped or that plant or manufacturing process should be enclosed properly so
that it cannot harm any person. All prevention measures should be adopted properly and
effective enclosure of dust, fumes, and gases.

SECTION 38: PRECAUTIONS IN CASE OF FIRE

In the factory, all preventive measures should be available at the time of emergency. All the
workers of factory-trained how to escape at the time of the fire. The extinguisher is at the factory
in everywhere. Time to time check the validity of extinguisher and their expiry date also. Proper
guidelines will be provided to the worker at the time of emergency. All effective measures
should be adopted so it will help to spread the firm in the place.

SECTION 39: POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OR TESTS OF

STABILITY

The inspector sees the condition of the factory if he thinks that there is something dangerous to
the safety of workers then an inspector in writing given the order to the manager and occupier of
the factory and specified the date of all testing related to machine and building. Before the expiry
of the date, all manager or occupier does all the specified result and reported to the inspector.

17
Inspector does all these inquiries because of the safety of workers.

SECTION 40: SAFETY OF BUILDINGS AND MACHINERY

The inspector checks all the industries, Manufacturing plants and machines there is any danger to
the health of workers. All effective measures should be adopted to take precautions. Inspector
has given notice to the manager or occupier of a factory that is there is any danger to the worker
then this type of building is closed immediately. If manufacturing plants or machine is dangerous
then it was also stopped to using them.

SECTION 40A MAINTENANCE OF BUILDINGS

Building in which the factory, manufacturing plant or machines are running should be properly
maintained. If the inspector thinks that this causes danger to the life of the worker then an
inspector in writing given notice to the manager or occupier of the factory to repair that building
otherwise shift to another building. All effective measures should be adopted.

SECTION 40B SAFETY OFFICERS

In a factory, if one thousand or more than workers are working then the employer has to hire a
safety officer. The safety officer helps the workers who have any injury in the course of
employment or disease. The qualification and conditions are prescribed by state government
according to it employer appoint a safety officer.

SECTION 41: POWER TO MAKE RULES TO SUPPLEMENT THIS CHAPTER

This section is supplementary if there are any other measures adopted by the state government
for the safety of worker then state government do it under this section.

CASES RELATED TO HEALTH AND SAFETY PROVISIONS

We show the implication of health and safety provisions under the Factories Act, 1948 by
various cases.
BAYER (INDIA) LIMITED AND OTHERS V. THE STATE OF MAHARASTRA, AIR 1995 BOM 290

18
(INDIA)19
In this case, the court held that those industries manufacture chemicals and hazardous
substances. It sometimes causes danger to the life of workers. The judge said that the main focus
of this Act is to protect the life and health of the worker. Anything which causes danger to the
life of a worker then the court has an inherent power to prohibit the activity of the factory.

JK INDUSTRIES LIMITED ETC V. THE CHIEF INSPECTOR OF FACTORIES, 996 (9) TMI 503
(INDIA)20
It was a landmark Judgement because, after that case the Factories Act, 1948 come into
enforcing. Before it, we have Factories Act, 1934 but after that case court feels the necessity to
bring the changes in health and safety provision. If we see that it is the time where the growth of
factories or industry is increasing day by day. This Act is a welfare Act the main purpose of this
Act is to cease the exploitation of workers.

LANCO ANPARA POWER LTD V. STATE OF UTTAR PRADESH AND OTHERS, CIVIL APPEAL NO.
6223 OF 201621
It was held that in this case that the superior purpose of this Act is to the welfare of the weaker
section. When any court gives order then keep in mind and also the occupier and employer of the
factory.
ANALYSIS OF HEALTH PROVISIONS (CHAPTER III) 22
With regard to the health provisions of the Act, there has been adequate regard paid to
cleanliness, with ample codification on the same, relating to regular washing and sweeping of
floors, as well as painting and repainting at regular intervals. Various factories carry out
processes, which call for the disposal of effluents, the responsibility of which has been meted out
to the State Governments. In terms of overcrowding, ventilation and temperatures,24 the
measures for the same have been specified in a clear manner. The supply of drinking water25 has
also been specified, with special provisions for the supply of water in hot weather. The
construction of latrines26 is another focus with separate enclosures for men and women. Hence,
one can see that there are a number of such provisions designed to make sure a factory is a

19
A.I.R. 1995 Bom 290 (India).
20
996 (9) TMI 503 (India).
21
1963 A.I.R. 1591 (India).
22
Supra1.

19
conducive workplace. However, the implementation is equally and absolutely essential in order
to make sure that basic standards of a workplace are maintained and conditions are not
inhumane. It can be established that all these provisions have been enacted to ensure a
comfortable and decent working space, as lack of resources like water or infrastructure for
ventilation can make it extremely difficult for the smooth functioning of a factory. The
workplace conditions are to be maintained as sanitary as well as organized in nature. These
provisions are all self explanatory in nature as they call for basic standards to be met in terms of
an infrastructural and facility set-up. Their implementation is generally ensured according to
Section 92 of the Factories Act, which is a broad inclusion meant to cover most contraventions
as mentioned in the Act. This general provision while effective should probably be widened in
scope to cover exact and specific situations, as the seriousness of adherence to certain provisions
may be more as compared to others, as non-adherence to certain standards may adversely harm
the workers present at the factory. Enactment of the same would be in the best interests of the
employer as well as they will be liable for the exact malfeasance committed and there will not be
any confusion or misinterpretation.

ANALYSIS OF SAFETY PROVISIONS (CHAPTER IV)

In general, health and safety provisions go hand in hand. Since factories usually operate with
heavy machinery, there have to be ample precautions and restrictions so that injuries or fatalities
are not caused at the liability of the owner. Chapter IV details an impressive amount of machines
and their corresponding precautions to be taken such as striking gear and on-off devices, self-
acting machines, hoists, lifts, chains, ropes, tackles, revolving machinery and the like. It is also
possible that various factories have hazardous processes carried out such as dealing with toxic
gases, noxious substances, and so forth. Although there is an entire chapter 32 dealing
specifically for the same, Chapter IV also has certain specifications dealing with explosive
substances, precautions in case of fire, and precautions for eyes 35 and so on. Further, the
contravention of any of the abovementioned provisions which have resulted in an accident
causing death or serious bodily injury, the fine shall not be less than Rs. 25,000 in the case of an
accident causing death and Rs. 5,000 in case of serious bodily injury, being defined as which
involves the permanent loss of the use of or permanent injury to any limb or sight or hearing or
the fracture of any bone excluding the fracture (not being a fracture of more than one) bone or

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joint of any phalanges of the hand or foot.) In this case, the implementation has been seen to so
that workers are not caused grave harm. With the rapid advent of technology, various industrial
processes are now carried out by a machine, which definitely increases the overall efficiency of
the products being created as well as the quality of the same. However, they may act as
hazardous towards the workers in the factories and may result in injury or even fatality in the
case of any technical issue. Further, various factories may employ processes wherein chemicals
are released or required which may be toxic and adversely affect workers involved in the process
of the same. Hence, it is imperative that there are strict safeguards in situations wherein heavy
machinery may malfunction as well as in the case of any toxic, hazardous or noxious substance
produced during, before or after the industrial process being accounted for. It can be established
that the safety provisions are elaborate and exhaustive in nature so that they can act as a
preventive measure against any hazardous situation that may arise as a result of the nature of the
work or the material present at the factory in the first place. The monetary fines provided for as
contravening these provisions places a lot of responsibility, accountability and liability on the
employer so that there is an answerable authority that acts as an example in the case of any
issue.23
CONCLUSION

Having made a cursory reading of all the provisions and their containment, it can be established
that there has been quite an exhaustive coverage of situations and instances of provisions
wherein health and safety measures may be required to be taken. Whether it is with regard to
hazardous substances, heavy machinery or equipment that may cause injuries or accidents,
almost every situation has been accounted for in terms of keeping workers’ welfare and safety in
mind. The Courts have further placed importance on the rationale behind the framing of these
provisions in order to make sure that their spirit is not lost. Mainly making the employers liable
for contravention to the same assures responsibility and makes sure that there is an authority that
adheres to rules and regulations. The amount of penalties provided for is also not a negligible
amount. In case the workplace environment is unsafe and hazardous, not only will the workers
be mentally, emotionally and physically affected but also the output of production processes will
be substandard at best because such environments are not conducive to good quality work.
Hence, it is in the best interests of employers as well to adhere to the provisions. Coming to the
23
Supra1.

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legislation, perhaps more specific penalties could be imposed for contravening health-related
provisions as mentioned in Chapter III of the Act, but apart from that the provisions are well-
framed and thought out in elaborate detail, in order to ensure workers’ health and safety to the
maximum level. Hence, it can be concluded by means of this research paper that the Factories
Act, 1948 is one of the most imperative legislation when it comes to maintaining and ensuring
the health and safety standards of workers and the elaborate way it has been framed provides for
various situations to be taken care of. The findings herein are that the Courts have placed
strategic importance on the purpose behind formulating this Act and intend for the same to be
upheld since social welfare is the cornerstone of the Indian industrial set-up and its progress.

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