The Factories Act, 1948 is a landmark piece of labor legislation in India that sets out standards for the working conditions in factories.

The Factories Act of 1948 is a landmark piece of Indian labor legislation designed to regulate and improve working conditions in factories across the country. It was enacted to consolidate and amend the existing laws related to factory labor.

1. Factories Act, 1948

2. •The Factory Act , 1948

3. Initiation:
•In great Britain, the second half of the 18
th
century,
there was a rapid growth of industrial towns & factories.
•As it was started without planning, they employed the
women as well as their children in factories who needed
to work for more than 12 hours a day.
•Some of the employees took initiative to implement
labour lagislations, Facories Act came into existence in
1819.
•After some modifications, the final amended of
Factories Act took place in 1948.

4. Factories Act in India:
•In India, the First factories Act was passed in 1881.
•This Act was basically designed to protect children
and to provide few measures for health and safety of
the workers.
•This law was applicable to only those factories, which
employed 100 or more workers.
•In 1891 another Factories Act was passed which
extended to the factories employee 50 or more
workers.

5. Section 2(K)
•“Manufacturing process” means any process for-
•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
•Pumping oil, water, sewage or any other substance; or
•Generating, transforming or transmitting power; or
•Composing types for printing by letter press, lithography, photogravure or other
similar process or book binding
•Constructing, reconstructing, repairing, refitting, finishing or breaking up ships
or vessels;
•Preserving or storing any article in cold storage;

6. Factories Act includes:
•Health
•Safety
•Welfare
•Working Hours Of Adults
•Annual Leave With wages

7. Factories Act, 1948
Object & Scope

•This act extends to whole of India.
•The main object of this act is to ensure adequate safety
measures and to promote the health & welfare of
workers employed in factories.
•The act also make provisions regarding employment of
women & young person (including children &
adolescents), annual leave with wages etc.

8. Factories Act, 1948
Applicable

•It covers all the manufacturing process and
establishments falling under the definition of
‘factory’ as defines under the sec. 2(m).
•Unless otherwise provide it is also applicable to
establishments of central/ state govt. (Sec. 116)

9. Factories Act, 1948
Factory (Sec. 2(m))


•It includes premises including any precincts thereof:
• 1) whereon 10 or more workers are working or were working on any day of preceding
12 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
• 2) whereon 20 or more workers are working or were working on any day
of preceding 12 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 mine act, 1952
• - a mobile unit belonging to the armed force of the union
• - a railway running shed or,
• - a hotel, restaurant or eating place.

10. Factories Act, 1948
Statutory Agency & their power for enforcement of the Act

•Sec. 3 empowers the State Govt. to make rule for the references to the time of
day. These rules may specify the area, define the local mean time ordinarily
observed in it and permit such time to be observed in all or any of the factories
situated in that area.
• State Govt. assumes power to declare different deptt. To be separate factories or
two or more factories to be a single factory under this act. This power will be
utilized by the state govt. either its own or on the application of occupier. But no
order can be made on its own motion unless occupier heard in this regard. (Sec.
4)
•Sec. 5 defines Public Emergency as a situation whereby the security of India or
any part of the territory thereof is threatened whether by war or external
aggregation or internal disturbance.
• State govt. further has the power under sec. 5 to exempt by notification to any
factory or class from any of the provisions of this act except sec. 67 for such
period and for such conditions as it may think fit, however such notification can
shall be made exceeding a period of 3 months at a time.

11. Factories Act, 1948
Administration

•The state govt. carry out administration of the act
through:
•Inspecting Staff (sec. 8)
•Certifying Surgeons (sec. 10)
•Welfare Officers (sec. 49)
•Safety Officers (sec. 40-B)

12. Factories Act, 1948
Inspecting Staff (sec. 8)


•(1) The State Government may, by notification in the Official Gazette, appoint such
persons as possess the prescribed qualification to be Inspectors for the purposes of
this Act and may assign to them such local limits as it may think fit.
•(2) The State Government may, by notification in the Official Gazette, appoint any
person to be a Chief Inspector who shall, in addition to the powers conferred on a
Chief Inspector under this Act, exercise the powers of an Inspector throughout the
State.
•(4) Every District Magistrate shall be an Inspector for his district.
•(5) The State Government may appoint such public officers as it thinks fit to be
additional Inspectors for all or any of the purposes of this Act, within such local
limits as it may assign to them respectively.
•(6)Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy
Chief Inspector, Inspector and every other officer appointed under this section shall
be deemed to be a public servant within the meaning of the Indian Penal Code (45 of
1860), and shall be officially subordinate to such authority as the State Government
may specify in this behalf.

13. Factories Act, 1948
Power of Inspector (sec.9)



•(a) make examination of the premises, plant, machinery, article or substance;
•(b) inquire into any accident or dangerous occurrence, whether resulting in
bodily injury, disability or not, and take on the spot or otherwise statements of any
person which he may consider necessary for such inquiry;
•(c) seize, or take copies of, any register, record or other document or any portion
thereof, as he may consider necessary in respect of any offence under this Act, which
he has reason to believe, has been committed;
•(d) take measurements and photographs and make such recordings as he considers
necessary for the purpose of any examination.
•(e) in case of any article or substance found in any premises, which is likely to cause
danger to the health or safety of the workers, direct it to be dismantled or subject it
to any process or test and take possession of any such article of substance or a part
there of, and detain it for such examination;

14. Factories Act, 1948
Certifying Surgeons (sec. 10)



•Appointment of certifying surgeon by state govt. for the
following purposes:-
•The examination & certification of the young person
under this act.
•Examination of persons engaged in factories in such
dangerous occupation or processes as may be
prescribed.
•The exercising of such medical supervision as may be
prescribed for many factory or class or description of
factories.

15. Welfare Officers (sec. 49)


•Impose statutory obligation on the occupier of the
factory of the appointment of welfare/s officer
wherein 500 or more workers are ordinarily
employed.
•Duty, Qualification and conditions of service may
be prescribed by the state govt.

16. Safety Officers (sec. 40-B)


•It empowers the state govt. for directing a occupier
of factory to employ such no. of safety officer as
specified by it where more than thousand workers
were employed or where manufacturing process
involves risk of bodily injury, poising or disease or
any other hazards to health of the persons
employed therein.
•Duty, Qualification and conditions of service may
be prescribed by the state govt.

17. Factories Act, 1948
Approval, Licensing & Registration of Factories (sec. 6)

•The State Government may make rules :-
•(a) requiring, for the purposes of this Act, the submission of plans of any class or description
of factories to the Chief Inspector or the State Government;
•(aa) requiring, the previous permission in writing of the State Government or the Chief
Inspector to be obtained for the site on which the factory is to be situated and for the
construction or extension of any factory or class or description of factories;
•(b) requiring for the purpose of considering applications for such permission the submission
of plans and specifications;
•(c) prescribing the nature of such plans and specifications and by whom they shall be
certified;
•(d) requiring the registration and licensing of factories or any class or description of factories,
and prescribing the fees payable for such registration and licensing and for the renewal of
licenses;
•(e) requiring that no license shall be granted or renewed unless the notice specified in section
7 has been given.

18. Factories Act, 1948
Approval, Licensing & Registration of Factories (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 3 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.
•Where a State Government or a Chief Inspector refuses to grant
permission to the site, construction or extension of a factory or to the
registration and licensing of a factory, the applicant may within 30
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.

19. Factories Act, 1948
Notice by occupier (sec. 7)

•The occupier shall, at least 15 days before he begins to occupy or use any premises as a factory and all east 30 days
before the date of resumption of work in case of seasonal factories (working less than 180 days in a year), 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 12 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 12 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

20. Factories Act, 1948
Notice by occupier (sec. 7)

•Notice where new manager appointed:-
•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.
•When there is no manager- occupier deemed as manager:-
•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.

21. Factories Act, 1948
Measures Taken By The Factories For Health

•Cleanliness (sec. 11)
•Disposal of waste & effluents (sec.12)
•Ventilation & temperature (sec. 13)
•Dust & fume (sec. 14)
•Artificial humidification (sec. 15)
•Overcrowding (sec. 16)
•Lighting (sec. 17)
•Drinking water (sec. 18)
•Latrines & urinals (sec. 19)
•Spittoons (sec. 20)

22. Factories Act, 1948
Safety

•Fencing of machinery (sec. 21)
•Work on or near machinery in motion (sec. 22)
•Employment of young persons on dangerous machines (sec. 23)
•Striking gear and devices for cutting off power (sec. 24)
•SELF-ACTING MACHINES (sec. 25)
•Casing of new machinery (sec. 26)
•Prohibition of employment of women and children near cotton-openers (sec. 27)
•Hoists and lifts (sec. 28)
•Lifting machines, chains, ropes and lifting tackles (sec. 29)
•Revolving machinery (sec. 30)

23. Factories Act, 1948
Safety

•Pressure plant (sec. 31)
•Floors, stairs and means of access (sec. 32)
•Pits, sumps, openings in floors, etc (sec. 33)
•Excessive weights (sec. 34)
•Protection of eyes (sec. 35)
•Precautions against dangerous fumes, gases, etc. (sec. 36)
•Precautions regarding the use of portable electric light (sec. 36 A)
•Explosive or inflammable dust, gas, etc (sec. 37)
•Precautions in case of fire (sec. 38)
•Power to require specifications of defective parts or tests of stability (sec. 39)
• Safety of buildings and machinery (sec. 40)
•Power to make rule to supplement this chapter (sec. 41)

24. Factories Act, 1948
Welfare

•Washing facilities (sec. 42)
•Facilities for storing and drying clothing (sec. 43)
•Facilities for sitting (sec. 44)
•First aid appliances (sec. 45)
•Canteens (sec. 46)
•Shelters, rest rooms and lunch rooms (sec. 47)
•Crèches (sec. 48)
•Welfare officers (sec. 49)
•Power to make rules to supplement this chapter (sec. 50)

25. Hazardous Processes
•Provisions regarding Hazardous Process were
instructed in the Act under a new chapter by the
Factories (Amendment) Act, 1987.
•This Act instructed two new schedules:
•Listing the industries involving hazardous process
•Relating to permissible levels of certain chemical
substances in work environment

26. Provisions Regarding
Hazardous Processes
•Constitution of Site Appraisal Committee
•Compulsory Disclosure of Information
•Special Responsibility of the occupier in relation to Hazardous
processes:
•Maintaining accurate and up-to-date health and medical records of
workers exposed to any chemical, toxic or any other harmful substances
manufactured, stored, handled or transported
•Appointing qualified, experienced & compete persons in handling such
substances to supervise handling and for protecting the workers from
the hazard
•Providing for medical examination of every worker at intervals

27. (Continue…)
•Appointment of Inquiry Committee
•Emergency Standards
•Permissible Limits of Exposure of chemical and toxic
•Substances
•Workers’ participation in safety management
•Right of workers to warn about imminent danger

28. Factories Act, 1948
Working hours of an adult

•Weekly hours (sec. 51) : 48 hours in a week.
•Weekly holidays (sec. 52) : No adult worker shall be required or allowed to work in a
factory on the first day of the week.
•Compensatory holidays (sec. 53) : within the month in which the holidays were due
to him or within the two months immediately following that month, compensatory
holidays of equal number to the holidays so lost.
•Daily hours (sec. 54) : not more than 9 hours in day.
•Intervals for rest (sec. 55) : ½ an hour after working of 5 hours , but state govt. in
special circumstances on written application can allow continue working not more
than 6 hours.
•Spread over (sec.56) : inclusive of his intervals for rest under section 55, they shall
not spread over more than 10 ½ hours in any day (chief inspector can raises it up to
12 hours).
•Night shifts (sec. 57)
•Prohibition of overlapping shifts (sec. 58)


•

29. Factories Act, 1948
Working hours of an adult

•Extra wages for overtime (sec. 59) : Where a worker works in a factory for
more than nine hours in any day or for more than forty-eight hours in any
week, he shall, in respect of overtime work, be entitled to wages at the rate of
twice his ordinary rate of wages.
•Restriction on double employment (sec. 60)
•Notice of periods of work for adults (sec. 61)
•Register of adult workers (sec. 62)
•Hours of work to correspond with notice under section 61 and register under
section 62 (sec. 63)
•Power to make exempting rules (sec. 64) : State Govt.
•Power to make exempting orders (sec. 65) : State Govt.

30. Factories Act, 1948
Restrictions on employment of women (sec. 66)



•(a) no exemption from the provisions of section 54 may be granted in
respect of any women;
•(b) no woman 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.

31. Factories Act, 1948
Employment of young person & children

•Prohibition of employment of young children (sec. 67): No child
who has not completed his fourteenth year shall be required or
allowed to work in any factory.
•Non-adult workers to carry tokens (sec. 68) : A child who has
completed his fourteenth year or an adolescent shall not be
required or allowed to work in any factory unless -
•(a) a certificate of fitness granted with reference to him under
section 69 is in the custody of the manager of the factory; and
• (b) such child or adolescent carries while he is at work a token
giving a reference to such certificate

32. Factories Act, 1948
Employment of young person & children

Working hours for children (sec. 71) :
(1) No child shall be employed or permitted to work, in any factory -
(a) for more than four and a half hours in any day;
(b) during the night.

(2) The period of work of all children employed in a factory shall be limited to
two shifts which shall not overlap or spread over more than five
hours each; and each child shall be employed in only one of the relays which
shall not, except with the previous permission in writing of the Chief
Inspector, be changed more frequently than once in a period of thirty days.

(3) The provisions of section 52 shall apply also to child workers and no
exemption from the provisions of that section may be granted in respect of any
child.

(4) No child shall be required or allowed to work in any factory on any day on
which he has already been working in another factory.

(5) No female child shall be required or allowed to work in any factory
except between 8 A.M. and 7 P.M.

33. Factories Act, 1948
ANNUAL LEAVE WITH WAGES

•(1) Every worker who has worked for a period of 240
days or more in a factory during a calendar year shall
be allowed during the subsequent calendar year, leave
with wages for a number of days calculated at the rate
of –
•(i) if an adult, one day for every 20 days of work
performed by him during the previous calendar year;
•(ii) if a child, one day for every 15 days of work formed
by him during the previous calendar year.

34. General Penalty for Offences [Sec.92]
•If there is any contravention of any of the provisions of the act,
the Occupier & Manager each shall be Guilty & punishable with
•Imprisonment for a term upto 2 years.
•with a fine up to Rs.100000
•or with Both.
•[Sec.93] further extends, if the contravention under section 92
continued after conviction ,they(Manager & Occupier) shall be
punishable with further fine which may extend to Rs. 1000 for
each day on which contravention is so continued.

35. Enhanced Penalty after
Conviction[Sec.94]
•If a person convicted of any offence punishable under Sec
92, is again guilty involving contravention of same
provision ,he shall be punishable with
•Imprisonment for a term which may extend to 3 years.
•Or fine which shall not be less than 10000
•Or both.
•If any contravention of provision relating to safety, has
resulted in an accident causing death /serious bodily
injury,Fine shall not be less than Rs.35000/Rs.10000

36. Cognizance of Offences[sec.105]
•No court shall take cognizance of any offence
under this act except on a complaint by or with
the previous section in writing of an Inspector.
•The complaint shall be filed within 3 months of
the date on which offence comes to the
knowledge of an Inspector. But it can be six
months , if offence consists of disobeying a
written order made by an Inspector.