2. INTERPRETATION.

- In this Act, unless there is anything repugnant in the

subject or context, - (a) "adult" means a person who has completed his eighteenth
year of age;

(b) "adolescent" means a person who has completed his fifteen year of age but has
not completed his eighteenth year;

(bb) "calendar year" means the period of twelve months beginning with the first day
of January in any year;

(c) "child" means a person who has not completed his fifteenth year of age;

(ca) "competent person", in relation to any provision of this Act, means a person or
an institution recognised as such by the Chief Inspector for the purposes of carrying
out tests, examinations and inspections required to be done in a factory under the
provisions of this Act having regard to - (i) the qualifications and experience of the
person and facilities available at his disposal; or

(ii) the qualifications and experience of the persons employed in such institution and
facilities available therein, with regard to the conduct of such test, examinations and
inspections, and more than one person or institution can be recognised as a
competent person in relation to a factory;

(cb) "hazardous process" means any process or activity in relation to an industry

specified to the First Schedule where, unless special care is taken, raw materials
used therein or the intermediate or finished products, bye-products, wastes or
effluents thereof would - (i) cause material impairment to the health of the persons
engaged in or connected therewith, or

(ii) result in the pollution of the general environment : Provided that the State
Government may, by notification in the Official Gazette, amend the First Schedule by
way of addition, omission or variation of any industry specified in the said Schedule;

(d) "young person" means a person who is either a child or an adolescent;

(e) "day" means a period of twenty-four hours beginning at midnight;

(f) "week" means a period of seven days beginning at midnight on Saturday night or
such other night as may be approved in writing for a particular area by the Chief
Inspector of factories;

(g) "power" means electrical energy, or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency;

(h) "prime mover" means any engine, motor or other appliance which generates or
otherwise provides power;

(i) "transmission machinery" means any shaft, wheel drum, pulley, system of
pulleys, coupling, clutch, driving belt or other appliance or device by which the
motion of a prime mover is transmitted to or received by any machinery or
appliance;
(j) "machinery" includes prime movers, transmission machinery and all other
appliances whereby power is generated, transformed, transmitted or applied;

(k) "manufacturing process" means any process for - (i) making, altering, repairing,
ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing,
or otherwise treating or adapting any article or substance with a view to its use, sale,
transport, delivery or disposal, or

(ii) pumping oil, water, sewage or any other substance; or;

(iii) generating, transforming or transmitting power; or

(iv) composing types for printing, printing by letter press, lithography, photogravure
or other similar process or book binding; lra-6 ] [ lra-7 or lra-7 ]

(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or

vessels; (Inserted by the Factories (Amendment) Act, 1976, w.e.f. 26-10-1976.)

(vi) preserving or storing any article in cold storage; (l) "worker" means a person
employed, directly or by or through any agency (including a contractor) with or
without the knowledge of the principal employer, whether for remuneration or not, in
any manufacturing process, or in cleaning any part of the machinery or premises
used for a manufacturing process, or in any other kind of work incidental to, or
connected with, the manufacturing process, or the subject of the manufacturing
process but does not include any member of the armed forces of the union;

(m) "factory" means any premises including the precincts thereof - (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

(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 (35 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 - (i) in the case of a firm or other association of individuals, any one of
the individual partners or members thereof shall be deemed to be the occupier;
(ii) in the case of a company, any one of the directors shall be deemed to be the
occupier;

(iii) in the case of a factory owned or controlled by the Central Government or any
State Government, or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government, the State Government
or the local authority, as the case may be, shall be deemed to be the occupier :

Provided further that in the case of a ship which is being repaired, or on which
maintenance work is being carried out, in a dry dock which is available for hire, - (1)
the owner of the dock shall be deemed to be the occupier for the purposes of any
matter provided for by or under - (a) section 6, section 7, section 7A, section 7B,
section 11 or section 12;

(b) section 17, in so far as it relates to the providing and maintenance of sufficient
and suitable lighting in or around the dock;

(c) 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 - (a) the workers employed directly by him, or by or through any agency; and

(b) the machinery, plant or premises in use for the purpose of carrying out such
repair or maintenance work by such owner, agent, master or other officer-in-charge
or person;

(o) Omitted

(p) "prescribed" means prescribed by rules made by the State Government under
this Act;

(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".

3. REFERENCES 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 - (a) specifying the area,

 
(b) defining the local mean time ordinarily observed therein, and

(c) permitting such time to be observed in all or any of the factories situated in the
area.

7A. GENERAL DUTIES OF THE OCCUPIER. - (1) Every occupier shall ensure, so
far as is reasonably practicable, the health, safety and welfare of all workers while
they are at work in the factory.

(2) Without prejudice to the generality of the provisions of sub-section (1), the
matters to which such duty extends, shall include - (a) the provision and
maintenance of plant and systems of work in the factory that are safe and without
risks to health;

(b) the arrangements 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;

(c) the provision of such information, instruction, training and supervision as are
necessary to ensure the health and safety, of all workers at work;

(d) the maintenance of all places of work in the factory in a condition that is safe and
without risks to health and the provision and maintenance of such means of access
to, and egress from, such places as are safe and without such risks;

(e) the provision, maintenance or monitoring of such working environment in the

factory for the workers that is safe, without risks to health and adequate as regards
facilities and arrangements for their welfare at work.

(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 that policy, and to bring the
statement and any revision thereof to the notice of all the workers in such manner as
may be prescribed.

11. CLEANLINESS. - (1) Every factory shall be kept clean and free from effluvia
arising from any drain, privy or other, nuisance, and in particular - (a) accumulations
of dirt and refuse shall be removed daily by sweeping or by any other effective
method from the floors and benches of workrooms and from staircases and
passages, and disposed of in a suitable manner;

(b) the floor of every workroom shall be cleaned at least once in every week by
washing, using disinfectant, where necessary, or by some other effective method;

(c) where a floor is liable to become wet in the course of any manufacturing process
to such extent as is capable of being drained, effective means of drainage shall be
provided and maintained;

(d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and
tops of passages and staircases shall - (i) where they are painted otherwise than
with washable water-paint or varnished, be repainted or revarnished least once in
every period of five years;

(ia) where they are painted with washable water paint, be repainted with at least one
coat of such paint at least once in every period of three years and washed at least
once in every period of six months;

(ii) where they are painted or varnished or where they have smooth impervious
surfaces, be cleaned at least once in every period of fourteen months by such
method as may be prescribed;

(iii) in any other case, be kept whitewashed or colourwashed, and the whitewashing
or colourwashing shall be carried out at least once in every period of fourteen
months;

(dd) all doors and window frames and other wooden or metallic frame work and
shutters shall be kept painted or varnished and the painting or varnishing shall be
carried out at least once in every period of five years;

(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
description 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.

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.

13. VENTILATION AND TEMPERATURE. - (1) Effective and suitable provision shall
be made in every factory for securing and maintaining in every workroom - (a)
adequate ventilation by the circulation of fresh air, and

(b) such a temperature as will secure to workers therein reasonable conditions of

comfort and prevent injury to health; and in particular, - (i) walls and roofs shall be
of such material and so designed that such temperature shall not be exceeded but
kept as low as practicable;

(ii) where the nature of the work carried on in the factory involves, or is likely to
involve, the production of excessively high temperatures such adequate measures as
are practicable shall be taken to protect the workers therefrom, by separating the
process which produces such temperatures from the workroom, by insulating the hot
parts or by other effective means.

(2) The State Government may prescribe a standard of adequate ventilation and
reasonable temperature for any factory or class or description of factories or parts
thereof and direct that [ lra-48 proper measuring instruments, at 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 temperatures 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.

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 unless effective measures have been taken to prevent
such accumulation of fumes therefrom as are likely to be injurious to workers
employed in the room.

16. OVERCROWDING. - (1) 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 the commencement of this Act at
least 9.9 cubic metres and of a factory built after the commencement of this Act at
least 14.2 cubic metres or space for every worker employed therein, and for the
purposes of this sub-section no account shall be taken of any space which is more
than 4.2 metres above the level of the floor 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 think 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.
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 - (a) glare, either directly from a source of light or by reflection from a
smooth or polished surface;

(b) the formation of shadows to such an extent as to cause eye-strain or the risk of
accident to any worker.

(4) The State Government may prescribe standards of sufficient and suitable lighting
for factories or for any class or description of factories or for any manufacturing
process.

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 point shall be
situated within 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.

19. LATRINES AND URINALS. - (1) In every factory - (a) sufficient latrine and
urinal accommodation of prescribed types shall be provided conveniently situated
and accessible to workers at all times while they are at the factory;

(b) separate enclosed accommodation shall be provided for male and female
workers;

(c) such accommodation shall be adequately lighted and ventilated, and no latrine or
urinal shall, unless specially exempted in writing by the Chief Inspector,
communicate with any workroom except through an intervening open space or
ventilated passage;
(d) all such accommodation shall be maintained in a clean and sanitary condition at
all times;

(e) sweepers shall be employed whose primary duty it would be to keep clean
latrines, urinals and washing places.

(2) In every factory wherein more than two hundred and fifty workers are ordinarily
employed - (a) all latrine and urinal accommodation shall be of prescribed sanitary
types;

(b) the floors and internal walls, up to a height of ninety centimeters, of the latrines
and urinals and the sanitary blocks shall be laid in glazed titles or otherwise finished
to provide a smooth polished impervious surface;

(c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the
floors, 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 numbers 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.

20. SPITTOONS. - (1) In every factory there shall be provided a sufficient number
of spittoons in convenient places and they shall be maintained in a clean and
hygienic condition.

(2) The State Government may make rules prescribing the type and the number of
spittoons to be provided and their location in any factory and provide for such further
matters relating to their maintenance in a clean and hygienic condition.

(3) No person shall spit within the premises of a factory except in the spittoons
provided for the purpose and a notice containing this provision and the penalty for its
violation shall be prominently displayed at suitable places in the premises.

(4) Whoever spits in contravention of sub-section (3) shall be punishable with fine
not exceeding five rupees.

21. FENCING OF MACHINERY. - (1) In every factory the following, namely, - (i)
every moving part of a prime mover and every flywheel connected to a prime mover,
whether the prime mover or flywheel is in the engine house or not;

(ii) the headrace and tailrace of every water-wheel and water turbine;

(iii) any part of a stock-bar which projects beyond the head stock of a lathe; and

(iv) unless they are in such position or of such construction as to be safe to every
person employed in the factory as they would be if they were securely fenced, the
following, namely - (a) every part of an electric generator, a motor or rotary
converter;

(b) every part of transmission machinery; and

(c) every dangerous part of any other machinery, shall be securely fenced by
safeguards of substantial construction which shall be constantly maintained and kept
in position while the parts of machinery they are fencing are in motion or in use :

Provided that for the purpose of determining whether any part of machinery is in
such position or is of such construction as to be safe as aforesaid, account shall not
be taken of any occasion when - (i) it is necessary to make an examination of any
part of the machinery aforesaid while it is in motion or, as a result of such
examination, to carry out lubrication or other adjusting operation while the
machinery is in motion, being an examination or operation which it is necessary to
be carried out while that part of the machinery is in motion, or

(ii) in the case of any part of a transmission machinery used in such process as may
be prescribed (being a process of a continuous nature the carrying on of which shall
be, or is likely to be, substantially interfered with by the stoppage of that part of the
machinery), it is necessary to make an examination of such part of the machinery
while it is in motion or, as a result of such examination, to carry out any mounting or
shipping of belts or lubrication or other adjusting operation while the machinery is in
motion, and such examination or operation is made or carried out in accordance with
the provisions of sub-section (1) of section 22.

(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 safety of the
workers, any particular machinery or part thereof from the provisions of this 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 reasons 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.

66. FURTHER RESTRICTIONS 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 :- (a) no exemption from
the provisions of section 54 may be granted in respect of any women;

(b) no women shall be required or allowed to work in any factory except between the
hours of 6 A.M. and 7 P.M. :

Provided that the State Government may, by notification in the Official Gazette, in
respect of any factory or group or class or description of factories, vary the limits laid
down in clause (b), but so that no such variation shall authorize the employment of
any woman between the hours of 10 P.M. and 5 A.M.; [ lra-114 (c) there shall be no
change of shifts except, after a weekly holiday or any other holiday.

(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 fish-canning 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.

67. PROHIBITION OF EMPLOYMENT OF YOUNG CHILDREN. - No child who has

not completed his fourteenth year shall be required or allowed to work in any
factory.

46. CANTEENS. - (1) The State Government may make rules requiring that in any
specified factory wherein more than two hundred and, fifty workers are ordinarily
employed, a canteen or canteens shall be provided and maintained by the occupier
for the use of the workers.

(2) Without prejudice to the generality of the foregoing power, such rules may
provide for - (a) the date by which such canteen shall be provided;

(b) the standards in respect of construction, accommodation, furniture and other

equipment of the canteen;

(c) the foodstuffs to be served therein and the charges which may be made therefor;

(d) the constitution of a managing committee for the canteen and representation of
the workers in the management of the canteen;

(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;

(e) the delegation to the Chief Inspector, subject to such conditions as may be
prescribed, of the power to make rules under clause (c).

45. FIRST AID APPLIANCES. - (1) There shall in every factory be provided and
maintained so as to be readily accessible during all working hours first-aid boxes or
cupboards equipped with the prescribed contents, and the number of such boxes or
cupboards to be provided and maintained shall not be less than one for every one
hundred and fifty workers ordinarily employed at any one time in the factory.

(2) Nothing except the prescribed contents shall be kept in a first-aid box or
cupboard.

(3) Each first-aid box or cupboard shall be kept in the charge of a separate
responsible person who holds a certificate in first-aid treatment recognized by State
Government and who shall always be readily available during the working hours of
the factory.

(4) In every factory wherein more than five hundred workers are ordinarily employed
there shall be provided and maintained an ambulance room of the prescribed size,
containing the prescribed equipment and in the charge of such medical and nursing
staff as may be prescribed and those facilities shall always be made readily available
during the working hours of the factory.

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.

(3) The State Government may make rules - (a) prescribing the location and the
standards in respect of construction, accommodation, furniture and other equipment
of rooms to be provided, under this section;

(b) requiring the provision in factories to which this section applies of additional
facilities for the care of children belonging to women workers, including suitable
provision of facilities for washing and changing their clothing;

(c) requiring the provision in any factory of free milk or refreshment or both for such
children;

(d) requiring that facilities shall be given in any factory for the mothers of such
children to feed them at the necessary intervals