Factories Act, 1948: Simarjeet Singh I 18Bc091 I M-Section
Factories Act, 1948: Simarjeet Singh I 18Bc091 I M-Section
Factories Act, 1948: Simarjeet Singh I 18Bc091 I M-Section
• The Bhopal Gas Tragedy in 1984 has made the people aware of the pollution
and hazards of factories and therefore necessitated the government to take
timely steps facilitating amendments in the act. Factory Act is applied to all
factories employing 10 persons or more when it uses power and 20 persons
when no power is used.
• The main provision of the act are safety, guarding of machines, health and
cleanliness, drinking water, washing and latrine facilities, lunch rooms and rest
rooms, sitting arrangements, first aid and dispensary facilities in factories
OBJECTIVES
‘Occupier’ of a factory means “the person who has ultimate control over the affairs of
the factory ; and
(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 shall be deemed to be the occupier”.
OCCUPIER : SEC.2(n) {Contd.}
(1) the owner of the dock shall be deemed to be the occupier for
the purposes of any matter provided for.
(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
Notice by Occupier
• 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—
• (a) the name and situation of the factory;
• (b) the name and address of the occupier; the name and address of the owner of the premises or building (including the precincts
thereof)
• (c) the address to which communications relating to the factory may be sent;
• (d) the nature of the manufacturing process carried on in the factory during the last twelve months in the case of factories in existence
on the date of the commencement of this Act; and to be carried on in the factory during the next twelve months in the case of all
factories;
• (e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate
stand-by plant
• (f) the name of the manager of the factory for the purposes of this Act;
• (g) the number of workers likely to be employed in the factory;
• (h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of
the commencement of this Act;
• (i) such other particulars as may be prescribed.
Prag Narain v. The Crown
• FACTS : The additional Inspectorof Factories found on the 16th of April 1925 that eighteen persons were
being employed in the manufacturing department, while six persons including the manager were being
employed in the sales department.If 20 persons are employed in a factory of this kind it becomes a factory
within the meaning of the Act, and it is the duty of the occupier under section 33 to give notice to the
Inspector. This was not done in the present case.
• DISPUTE : it was contended that only 18 persons were employed in the factory and that the six persons, who
were in the sales department,were not employed in the factory. The only point to be decided is whether 20
persons were employed in the factory.
• HELD : for the purposes of the Indian Factories Act the words used in the definition contained in section 2
(8) (a) in the Act state that by a factoiy it is meant premises where anything,- is done towards the making,’ or
tinishing' of an article up to the stage when it is ready to he sold or is in a suitable condition to be put on the
market. Held further, therefore, that for the purpose of giving' notice to' the Inspector of Factories under
section 33 of the Act, it is not necessary to inclnde persons engaged merely in selling the manufacunred
article, even thongh snch persons happen to occnpy a room in the same building- as the factory as it cannot
he said that they are employed in the factoiy within the meaning' of section 2- (2) of the Act.
General Duties of Occupier
• 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. 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 provisions 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.
R. Under S.40 the words "owner" and
"occupier" have been used disjunctively.
BALACHAND The Court also referred to S.100 of
RAN VS THE the Factories Act and said that even
REGIONAL under the Factories Act, 1948, the
Legislature has clearly contemplated that
PROVIDENT in the case of a factory, a company can be
FUND ... ON 7 the "occupier". Therefore, when the
SEPTEMBER, owner of a factory is a company it is the
company which is the principal employer
2011 and not its director."
CHAPTER III : HEATH
• Cleanliness (sec.11)
• Disposal of Wastes & Effluents (sec.12)
PROVISION
• Ventilations & Temperature (sec.13)
• Dust & Fumes (sec.14)
(SEC.11)
provided.
• Whitewash or colour washed every 14
months
• Paint / varnish every 5 years
DISPOSAL • Every occupier of a factory
OF WASTES shall make effective
arrangements for
& EFFLUEN the treatment of wastes and
TS effluents due to the
manufacturing process carried
(SEC.12) on in the factory so as
to render them innocuous and
for their disposal.
VENTILATIO
• Adequate ventilation by
NS & TEMPE the circulation of fresh air.
RATURE • Reasonable temperature must
be maintained
(SEC.13)
DUST AND FUME (SEC.14)
The exhaust fumes of internal combustions engines Injurious or offensive dust and fumes must be
must be conducted outside of the factory. inhaled or accumulated.
(1) In respect of all factories in which the
humidity of the air is artificially increased, the
State Government may make rules,
(SEC.15)
out and recorded;
❖ prescribing methods to be adopted for
securing adequate ventilation and cooling of
the air in the workrooms
(1) No room in any factory shall be
OVERCROWDI overcrowded to an extent injurious.
(2) The working space should be 9.9
NG cubic meters of space per worker in every
workroom before the commencement of this
(SEC.16) Act. And after the commencement of this
Act, the space per worker is 14.2 cubic meter.
➢ There shall be provided and
maintained sufficient and suitable lighting,
natural or artificial, or both, in every part of
the factory.
➢ In every factory all glazed windows
LIGHTING and skylights be used and workrooms shall be
kept clean on both the inner and
(SEC.17) outer surface.
➢ In every factory effective provision shall,
so far as is practicable, be made for the
prevention of glare, either directly from a
source of light or by reflection from a smooth
or polished surface;
➢ The place of drinking water shall not be
situated within six meters of any washing
place, urinal, spittoon, open drain or any
source of contamination.
Drinking ➢ Effective arrangements shall be made to
provide a sufficient supply of wholesome
Water (Sec.18) drinking water
The welfare measures involve three major aspects which are - occupational health
care, suitable working time and appropriate salary.
It refers to the physical, mental, moral, and emotional well-being of an individual.
It creates a culture of work commitment in organizations and society which
ensure higher productivity and greater job satisfaction to the employees.
Due to the welfare measures, the employees feel that the management is interested
in taking care of the employees that result in the sincerity, commitment and loyalty of
the employees towards the organization.
WASHING FACILITIES(SEC-42)
(a) Firstly, provide and maintain adequate and suitable facilities for washing for all
the workers in the factory (
b) Secondly ,provide separate and adequately screened facilities separately for men
and women.
(c) Thirdly, make accessible all the facilities to all the workers. *The state govt prescribes the
standards.
FACILITIES FOR STORING
AND DRYING CLOTHES(SEC-43)
• This section contests some powers with the State Government. It states that the State
Government has the powers to direct the factories regarding the place of storing the
clothes of the workers.
• Moreover, they can also direct them regarding the manner of drying the clothes of the
workers. It applies to the situation when workers are not wearing their working clothes.
FACILITIES FOR SITTING (SEC-44)
(a) Firstly, the factory should provide suitable arrangements for sitting for the workers. This
is important because whenever the worker gets some free time, he/she may be able to take
some rest by sitting. This will also enhance their efficiency.
(b) Secondly, if the Chief Inspector finds that any worker can do his work more efficiently
while sitting then he can direct the factory officials to arrange sitting arrangements for him.
First-aid-appliance(SEC-45)
The factory should provide and maintain proper first-aid boxes at every workroom. Under
this Act, the number of boxes should not be less than one for every 100 or 50 workers.
Moreover, the first-aid boxes should have all the relevant contents according to the Act.
➢ There should be nothing except the prescribed contents in a first-aid box.
➢ Each box should be under control of a first-aid in-charge who will handle all its
requirements and its utilization. The in-charge should be an expert in First-aid field.
➢ In case the number of workers exceeds 500, then the factory should arrange an
‘Ambulance Room’ with the availability of all necessary equipment.
Canteens(sec-46)
(a) Every factory where the number of workers exceeds 250, then the State Government may direct the
factory owners to provide and maintain a canteen for the workers.
(b) Moreover, the government may lay down certain conditions in the construction of canteen, like:
1. the standard in respect of construction, accommodation, furniture and other equipment of the canteen
2. the foodstuffs to be served therein
3. the date by which such canteen shall be provided
4. the constitution of a managing committee for the canteen.
SHELTERS, REST-ROOMS, AND LUNCH-ROOMS
(SEC-47)
This section states:
(a) If the number of workers in a factory crosses 250, then the factory owners should
construct and maintain shelters, rest-rooms and lunch rooms for the workers. It allows the
workers to eat the food which they bring along with them.
(b)The shelters, rest-rooms and lunch rooms should be properly ventilated and lighted.
(C) The State Government may prescribe the standards, in respect of
construction accommodation, furniture, and other equipment.
CRECHE'S(SEC-48)
Due to workforce diversity nowadays, women’s participation is increasing in all
the sectors especially the industrial sector.
One of the factors that stop women to work in factories or any other sector is lack of care for
their children during their working hours. In order to solve this problem and increase the
engagement of women in factories, section 48 states:
(a) Where numbers of women workers exceed 30, then the factory should arrange a special
room for the worker’s kids who are below the age of 6 years.
(b) The room should be properly lighted and ventilated
Welfare officers(SEC-49)
• This states that every factory where in five hundred or more workers are ordinarily
employed the occupier shall employ a prescribed number of Welfare officers.
Power to make rules to supplement this
Chapter (SEC-50)
• The State Government may make rules—
(a) exempting, subject to compliance with such alternative arrangements for the welfare of
workers as may be prescribed, any factory or class or description of factories from
compliance with any of the provisions of this Chapter;
(b) requiring in any factory or class or description of factories that representatives of the
workers employed in the factory shall be associated with the management of the welfare
arrangements of the workers.
SAFETY
INTRODUCTION
The Welfare of the workers also depends upon how and what manner they are required to operate the
machines installed in the factory for carrying out the manufacturing operations. Some of the
Machines Mechanical devices installed are dangerous in their very nature if they are not properly maintained or
installed. Some of the Machines installed in the factory required mechanical skill on the part of the operators,
and in case, they are allowed to be operated by young persons, their life is likely to be endangered. Therefore, in
order to secure the safety of life of the workers required to operate machines and other mechanical devices, the
employers or the occupiers are obliged to take certain precautions against the hazardous of operating machines
and mechanical devices by the workers to ensure their safety and welfare. Broadly under the scheme of the Act,
the following types of precaution are required to be taken by the occupier of a factory.
Section 21 to 41 of the Factories Act 1948 deal with the provisions relating to safety to workers in a factory
Fencing machinery (SEC. 21) -
The section provides for fencing the following machineries while they are in use
(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) the following should be securely fenced
(a) every part of an electric generator, a motor or rotary convertor.
(b) every part of transmission machinery (c) every dangerous part of any other
machinery.
Work On Or Near Machinery In Motion(Sec 22:
Every lifting machine and every chain, rope and lifting tackle for the purpose of
raising or lowering persons, goods or materials, all parts, including the working
gear, whether fixed or movable, of every lifting machine and every chain, rope
or lifting tackle shall be of good construction, sound material and adequate
strength and free from defects. It should be properly maintained
Revolving machinery (sec-30)
The 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.
Pressure plant(sec-31)
(1) No person shall be required or allowed to enter any chamber, tank, vat, pit,
pipe, flue or
(a) Safe means of escape for all persons in the event of a fire
(b) Necessary equipment and facilities for extinguishing fire
➢ Workers are familiar with the means of escape
➢ Free passage–way giving access
➢ Workers should be trained
Power To Require Specifications Of Defective Parts Or Tests Of
Stability (SEC –39)