Introduction To Factories Act 1948
Introduction To Factories Act 1948
Introduction To Factories Act 1948
A factory is a building or group of buildings where people work with machinery to make
goods. The Bhopal gas tragedy case (1984) raised public awareness of factory pollution and
risks, necessitating government action to allow legislation amendments.
Factories act 1948 - In the second half of the 19th century, large factories/industries emerged
in India. In his report in 1872-73, Major Moore, the chief inspector of the cotton department
in Bombay, first raised the issue of introducing legislation regulating working conditions in
factories. The first formation Factories Act 1948 was initiated in 1881. Since then, the
Factory Act 1948 has been modified and amended multiple times. The Court held in Ravi
Shankar Sharma v. State of Rajasthan (1993) that the Factory Act is social legislation that
covers the health, safety, welfare, and other aspects of factory workers. In Bihar, the first
iron and steel works were established in 1873. Jute spinning mills were established at Rishra
around 1855. In 1881, Bengal had 5000 power looms in operation. During the 1870s, Bally
paper mills were created at Hooghly and many other tanning and leather factories were
established in Kanpur, resulting in the development of factory establishments in India. The
early employment of women and children, the length of the working hours, and the hazardous
and unhygienic working conditions brought issues and crises to India, and due to these
scenarios, legislation was established for all factories and industries. The necessity for
protective labour legislation to combat working conditions, particularly for women and
children, was recognised as early as 1850, but the British government did very little. The
Bara Bazar organisation was founded in 1878 by Sasipad Bannerjee to promote the welfare of
jute mill employees. There were strikes in 1877 at Nagpur Empress Mill, which are recorded.
The production methods were changed throughout the industrial revolution that occurred in
England between 1760 and 1820. The development of several mechanical innovations began,
such as the steam engine, which gave humans the capability to drive powerful machines.
Factory Act of 1881
In 1875, a committee was established to look into the working conditions of Indian
employees working in a factory. The first Factory Act was passed in 1881, under Lord
Ripon’s leadership. The Factory Act is a central body of legislation in India. Local
governments had the power under the Factory Act of 1881 to enact rules governing the
implementation of the Act’s provisions to control the employment of children, the fencing of
machinery, the responsibility to notify factory workers when accidents occur, and other
occupations in a factory. This Bill (1881) was amended by the Council and passed on the first
day of July 1881, after receiving approval from the Viceroy. The Act was immediately
codified as the Indian Factories Act of 1881. This Act was applied to the entire of British
India. The Act governs the working conditions of the workforce by establishing several laws
relevant to workers’ health, safety, working circumstances, and hazardous processes. If any
of the Factory Act’s principles are violated, there are various penalty procedures.
The Factory Act of 1881 included protective labour laws. The Factory Act of 1881 was the
result of the efforts of philanthropic individuals, social activists in India, and Lancashire
manufacturers in Great Britain. Narayan Meghaji Lokhandey, a follower of Mahatma Jyotiba
Phule, was the country’s first labour leader. He worked as a storekeeper at a textile mill and
spent his whole life advancing the interests of the labour movement. A memorandum signed
by 5300 employees was also given by him to the Factory Commission, which was formed in
1884. The Indian government appointed the factory commission in 1890.
Important provisions of the 1881 Act
The important provisions of the 1881 Act are as follows:
Children under the age of seven are not allowed to work, and they cannot work two jobs
on the same day.
The working hours for children were nine hours per day.
Four holidays must be given to children each month.
Intervals must be provided to take a rest.
Care must be taken when handling machinery’s dangerous parts fence.
Accidents in a factory or industry must be reported.
The Act was applicable to factories with mechanical power and 100 or more employees.
Since the Factory Act of 1881 was not enough and did not cover all aspects of the Act, there
was a further amendment to the Act called the Factory Act of 1891.
Factory Act of 1891
Later, in 1885, a Factory Commission was established. In 1891, a Royal Commission on
Labour was created, and it was enforced in 1892. The Act was amended, known as
the Factories Act of 1891. This amendment Act of 1891 placed certain restrictions on the
working hours of the factory.
Important provisions of the 1891 Act
The important provisions of the 1891 Act are as follows:
Registration of a factory with 50 or more employees.
Local governments were obliged to report activities that employed even 20 employees in
a factory.
The employment of children under the age of nine was prohibited.
In the case of children aged 9 to 14, seven hours of work were given.
In the case of women, eleven hours of work were given with a 1.5-hour break per day.
Women and children were not permitted to work between the hours of 8 p.m. and 8 a.m.
All employees must be offered weekly holidays.
A rest interval of at least 0.5 hours must be provided.
Provincial governments are empowered to enact sanitation and comfort rules.
Welfare measures
The three main components of welfare measures are occupational health care, appropriate
working hours, and appropriate remuneration. It speaks of a person’s complete health,
including their physical, mental, moral, and emotional states. The goal of welfare measures is
to integrate the socio-psychological demands of the workforce, the particular technological
requirements, the organisational structure and procedures, and the current socio-cultural
environment. It fosters a culture of work dedication in enterprises and society at large,
ensuring increased employee happiness and productivity.
Washing facilities (Section 42)
All factories should supply and maintain enough appropriate washing facilities for the use of
the employees.
For male and female employees, separate, well-screened facilities must be provided; these
facilities also need to be easily accessible and maintained clean.
The standards for appropriate and suitable facilities for washing must be set by the state
government.
Facilities for storing and drying clothing (Section 43)
The state government has a specific authority. It specifies that the state government has the
authority to give instructions to the manufacturers regarding where to store the worker’s
clothing.
They can also provide them with instructions on how to dry the workers’ clothes. It refers to
the circumstance in which workers are not dressed for work.
Facilities for sitting (Section 44)
All factories should provide and maintain seating arrangements in appropriate areas for all
workers who are required to work in a standing position in order to take advantage of any
chances for rest that may arise throughout the course of the job.
According to the chief inspector, workers in any factory involved in a certain manufacturing
process or working in a specific room are able to perform their work effectively while seated.
First aid appliance (Section 45)
All factories must have first aid kits, appliances, or cupboards stocked with the required
supplies during all working hours, and they must be easily accessible for all manufacturing
employees to access. Accordingly, there must be more first aid boxes or cupboards than the
usual ratio of one for every 150 industrial employees, which must be fewer than that.
The first aid box or cupboard should only include the recommended supplies.
Throughout the factory’s operating hours, each first aid box or cupboard should be kept under
the supervision of a specific person who is accountable for it on a separate basis and must be
readily available at all times during the working hours of the factory.
Canteen (Section 46)
A canteen must be provided and kept up by the occupier for the benefit of the workers in any
specified factory where more than 250 people are usually employed, according to rules that
the state government may set.
Food must be served, and prices must be established for it.
Shelters, restrooms and lunch rooms (Section 47)
Every factory with more than 150 employees must have appropriate and suitable restrooms
or shelters and a lunchroom with drinking water where employees can eat food they have
brought with them and that is kept for their use. If a lunchroom is available, employees
should stop eating in the work area.
The shelters or restrooms need to be well-lighted, ventilated, kept clean, cool, and in good
condition.
The state government sets the standards.
Creches (Section 48)
Every factory with more than 30 female employees must have a suitable room for the use of
children under the age of six of such women.
Such rooms must be well furnished, well-lighted, and ventilated, and they must be kept clean
and hygienic. They must also be under the care of women who have received training in child
and infant care.
In addition, facilities for washing and changing clothes can be made available for the care of
the children of female workers.
Any factory may be forced to provide free milk, refreshments, or both to such children.
Small children can be fed by their mothers in any industry at necessary intervals.
Health
Sections 11-20 of Chapter III of the Act deal with the Health of the Factories Act, 1948.
Cleanliness (Section 11)
Every factory needs to be kept clean and clear of any effluvia from drains, latrines, or other
annoyances. In particular:
Dirt must be cleaned daily from floors, benches, staircases, and passages by sweeping or by
another method, and it must be properly disposed of.
The floor should be disinfectant-washed at least once a week.
During the manufacturing process, the floor becomes moist; this must be drained via
drainage.
Disposal of wastes and effluents (Section 12)
Every factory has to have a method in place for treating wastes and effluents produced by the
manufacturing process they use.
Ventilation and temperature (Section 13)
In order to ensure worker comfort and prevent health problems, sufficient ventilation must be
created for the circulation of air in a factory, which should be maintained at a specific
temperature.
Walls and roofing should be made of a material that is intended for a particular temperature
that shouldn’t go over as much as possible.
Certain precautions must be taken to protect the employees in facilities where the
manufacturing process requires extremely high or low temperatures.
Dust and fume (Section 14)
Every factory has to have efficient measures to remove or prevent any dust, fumes, or other
impurities that might harm or offend the employees employed and cause inhalation and
buildup in any workroom.
No factory may operate an internal combustion engine unless the exhaust is directed outside,
and no other internal combustion engine may be used. Additionally, precautions must be
made to avoid the buildup of fumes that might endanger the health of any employees inside
the room.
Overcrowding (Section 16)
There should be no overcrowding in factories that might harm the health of the workers.
All employees must have ample space in a room to work in the building.
Lighting (Section 17)
Every area of a factory where employees are employed must have adequate natural, artificial,
or both types of lighting installed and maintained.
All glass windows and skylights that provide lighting for the workroom in factories must be
kept clean on the inside and outside.
The production of shadows should not cause eye strain during any manufacturing process,
and all factories must have preventative measures that should not cause glare from the source
of light or via reflection from a smooth or polished surface.
Drinking (Section 18)
All factories must have the appropriate installations in place, and maintain convenient
locations with an adequate supply of clean drinking water.
The distance between any drinking water and any washing area, urinal, latrine, spittoon, open
drain carrying sullage or effluent, or another source of contamination in the factory must be 6
metres unless the chief inspector approves a shorter distance in writing. The labelling must be
legible and in a language that workers could understand.
In all factories with more than 250 regular employees, there needs to be a suitable method for
providing cold drinking water during hot weather.
Latrines and urinals (Section 19)
All factories should have enough restrooms, and urinal accommodations of the required types
must be offered in a location that is convenient and always accessible to workers.
Male and female employees must have separate enclosed rooms.
These locations must be thoroughly cleaned, kept in a hygienic state, and have sufficient
lighting and ventilation.
Sweepers must be used to maintain latrines, urinals, and washing facilities clean.
Spittoons (Section 20)
All factories must have spittoons in easily accessible locations, and they must be kept clean
and hygienic.
The state government specifies the number of spittoons that must be given, their placement in
any factory, as well as their maintenance in a clean and hygienic manner.
Except for spittoons designed, for this reason, no one should spit within the premises of a
factory. A notice must be posted if any violations occur, with a fine of five rupees.
Safety
Safety is covered in Chapter IV of the Act and is covered in Sections 21–41 of the Factories
Act, 1948.
Employment of young persons on dangerous machines (Section 23):
No young person is permitted to operate dangerous machines unless he has been adequately
taught the hazards associated with the machine and the measures to be taken, and has
received suitable training in working at the machine or adequate supervision by a person who
has complete knowledge and experience of the equipment.
Prohibition of employment of women and children near cotton openers (Section 27):
Women and children are not permitted to work in any area of a cotton pressing facility while
a cotton opener is in operation. Women and children may be employed on the side of the
partition where the feed-end is located if the inspector so specifies.
Hoists and lifts (Section 28):
Every hoist and lift must be of strong mechanical structure, enough strength, and sound
material. They also need to be regularly maintained, completely checked by a qualified
person at least once every six months, and a register kept for the mandatory exams.
A cage that is properly designed and installed must enclose all hoist and lift ways to prevent
people from being trapped between any of the equipment.
No larger load should be carried; the maximum safe operating load must be marked on the
hoist or lift.
Every hoist or lift gate must have interlocking or another effective system installed to prevent
the gate from opening except during landing.
Protection of eyes (Section 35):
The state government may require effective screens or appropriate goggles to be provided for
the protection of persons employed or in the vicinity of the process during any manufacturing
process carried out in any factory that involves risk to the eyes due to exposure to excessive
light or injury to the eyes from particles or fragments thrown off during the process.
Precautions against dangerous fumes, gases etc (Section 36):
No person shall be required or permitted to enter any chamber, tank, vat, pit, pipe, flue, or
other confined space in any factory where any gas, fume, vapour, or dust is present to such a
degree as to involve risk to persons being overcome, unless such chamber, tank, vat, pit, pipe,
flue, or other confined space is provided with an adequate manhole or other effective means
of egress.
Explosive or inflammable dust, gas etc (Section 37):
Any factory involved in manufacturing processes that produce dust, gas, fume, or vapour of a
nature that could explode on ignition must take all reasonably practicable precautions to
prevent any explosion through
The effective enclosure of the plant or machinery.
The removal or prevention of the accumulation of such dust, gas, fume, or vapour, etc., or
Otherwise by the exclusion or effective enclosure of all potential ignition sources.
Precautions in case of fire (Section 38):
In order to protect and maintain safety to allow people to escape in the case of fire, all
factories should have precautionary measures in place to avoid the breakout and spread of
fire, both internally and externally. The required tools and facilities for extinguishing the
fire must also be made accessible.
All factory employees who are familiar with fire escape routes and have received sufficient
training on the procedure to be followed in such circumstances must have access to
appropriate measures.
Case Study
P.Trivikrama Prasad v. The State of AP by its Assistant Inspector of Factories, (2016)
Facts of the case
In this case, the deputy chief inspector of factories filed a private complaint against the
petitioner for violations of Section 32(a) and Section 41 of the Factories Act, which are
punishable under Section 92 of the Act. The petitioner failed to provide D-rings to the cane
trally side plate to support the employees as they would safely get down from the trolley once
the crane loading was complete. They also failed to provide ladders and helmets, which
resulted in some unskilled workers getting hit while working and causing them to die. Since
no helmet, d-rings, or ladders were provided, the occupier/managing director of the entity or
the manager (i.e., the petitioner) was made responsible. Then the petitioner filed a criminal
petition against the factory inspector.
Issues involved
The issue involved was whether the criminal petition filed against the accused would be
rejected or allowed to proceed.
Judgement of the case
The Hyderabad High Court held that the occupier or managing director (petitioner), who
neglects to provide d-rings, ladders, and helmets to the employees for their safety and fails to
teach them during hazardous times, is at fault. Therefore, the criminal petition brought
against the respondent is dismissed and quashed. As a result, the petitioner is responsible for
his ignorance and failure to maintain the factory properly.
References:
Mahawar, S., By, -, Mahawar, S., & here, P. enter your name. (2022, November 10).
Factories act, 1948. iPleaders. Retrieved from
https://blog.ipleaders.in/factories-act/#:~:text=The%20major%20goal%20of
%20the,various%20industrial%20and%20occupational%20hazards.
Team Deskera Content. (2022, July 21). Factories act 1948 - an overview. Deskera Blog.
Retrieved from https://www.deskera.com/blog/factories-act-1948/#:~:text=The
%20main%20purpose%20of%20the,and%20children%20working%20in%20factories.