FACTORIES ACT, 1948.

PREAMBLE
The Factories Act, is a social legislation which has been enacted for occupational safety, health and welfare of workers at work places. This legislation is being enforced by technical officers i.e. Inspectors of Factories, Dy. Chief Inspectors of Factories who work under the control of the Chief Inspector of Factories and overall control of the Labour Commissioner, Government of National Capital Territory of Delhi

APPLICABILITY (Sec 1)
The Factories Act came into force on the 1st day of

April, 1949. Act extends to the whole of India including Jammu & Kashmir. The industries in which ten (10) or more than ten workers are employed on any day of the proceeding twelve months and are engaged in manufacturing process being carried out with the aid of power or twenty or more than 20 workers are employed in manufacturing process being carried out without the aid of power, are covered under the provisions of this Act.
The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and 1989.

Definition of a Factory
Factory is defined in Section 2(m) of the Act. It means any premises including the precincts thereofi. 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 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

The following have held to be a factory:

Salt works A shed for ginning and pressing of cotton A Bidi making shed A Railway Workshop Composing work for Letter Press Printing

Saw Mills
Place for preparation of foodstuff and other eatables

INTERPRETATION CLAUSE (Sec 2)

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 15th year of age but has not completed his 18th 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 15th year of age;

Contd.
(ca) "Competent person", in relation to any provision

of this Act, means a person or an institution recognized as such by the Chief Inspector for the purposes. (cb) "Hazardous process" means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, byeproducts, wastes or effluents thereof would _
Cause material impairment to the health of the persons engaged in or connected with result in the pollution of general environment

 (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;

Contd.
(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 of

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

Contd.
(l) Worker means a person employed, directly or

indirectly or by or through any agency (including a contractor) with or without the knowledge of the principal employer. He may be employed for or without remuneration. (n) Occupier of a factory means the person who has ultimate control over the affairs of the factory. An occupier may be an owner, a lessee or a mere licensee, but he must have the right to occupy the property and dictate terms of management.

Approval, Licensing and Registration of factories (Sec6)

The state govt is empowered to make rules

requiring the submission of plans and approval, licensing and registration of factories. The effect of this section is that before a site is used for a factory, previous permission in writing of the State Govt or of the Chief Inspector has to be obtained. This permission is granted only when an applicant has duly compiled with directions enjoyed by sec6. 6.

Sec 6
If on an application for permission referred to in clause (aa) of

sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted. grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.

(3) Where a State Government or a Chief Inspector refuses to

7. NOTICE BY OCCUPIER.
(1) The occupier shall, at least fifteen days before he begins to occupy or use any

premises as a factory, send to the Chief Inspector a written notice containing

(a) the name and situation of the factory; (b) the name and address of the occupier; (bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93; (c) the address to which communication relating to the factory may be sent; (d) the nature of the manufacturing process - (i) 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 (ii) 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.

 (2)In respect of all establishments which come within

the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days, from the date of the commencement of this Act.

(3) Before a factory engaged in a manufacturing process

which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in subsection (1) at least thirty days before the date of the commencement of work.

Contd.
(4) Whenever a new manager is appointed, the occupier

shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge.
(5) During any period for which no person has been

designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.

Health (Sec 11 to 20 of chapter III)

Cleanliness (11) Disposal of wastes and effluents (12) Ventilation & Temperature (13) Dust and Fume (14) Artificial humidification(15) Overcrowding(16) Lighting (17) Drinking water (18)

Latrines & Urinals (19)

Spittoons(20)

Safety (Sec 21 to 41of chapter IV)

Fencing the Machinery (21) Work on near machinery in motion (22) Employment I young persons on dangerous machines(23) Striking gear and devices for cutting off power (24) Self-acting Machines (25) Casing new machinery (26) Prohibition of employment of women and children near

cotton opener(27) Hoists and Lifts(28) Lifting machines , chains, ropes and lifting tackles (29) Revolving machinery (30)

Safety

(Sec 21 to 41of chapter IV)

Pressure Plant (31) Floors, stairs and means of access (32) Pits, sumps, openings in floors (33) Excessive weights (34) Protection of eyes (35) Precaution against dangerous fumes (36) Precautions regarding the use of portable electric

light(36A) Precautions against explosive or inflammable dust, gas etc..(37) Precautions in case of fire (38)

Safety (Sec 21 to 41of chapter IV)

Power to require specifications of defective parts or tests of

stability (39) Safety of building and machinery (40) Maintenance of building (40A) Safety Officers (40B) Power to make rules to supplement the above provisions (41)

Welfare (Sec 42 to 50 in Chapter V)

Washing facility (42) Facilities for storing and drying clothing (43) Facilities for sitting (44) First-aid appliances (45) Canteens (46)

Shelters, rest rooms and lunch rooms (47)

Crches (48) Welfare Officers (49) Power to make rules (50)

Working hours of Adults

Weekly hours not more than 48 hrs (51) Daily hours- not more than 9 hrs (54) Intervals for rest at least hour on working for 5 hours.

(55) Spread over not more than 10 hours. (56) Overlapping shifts prohibited. (58) Extra wages for overtime double than normal rate of wages (59) Restrictions on employment of women before 6AM and beyond 7 PM.(60) Restriction on double employment (60)

THE FACTORIES ACT, 1948.

Thank You.