Factories Act, 1948

Factories Act, 1948 The Factories Act, 1948 is a legislation which has been enacted for occupational safety, health and welfare of workers at work places. The objective of the Act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term 'factory' as used in the Act. Objective of the Act To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories. To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory. Applicability The Act is applicable to all the factories i.e premises where 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 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, Less than 10 workers, if activity is notified by the State Government 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. The distinction between seasonal and non-seasonal factories was abolished. Note: This act doesn’t cover the Service industry and exact numbers might vary from state to state. Here factory is defined for individual premises not for the overall company. Key Sections: Section 6: Approval, licensing and registration of factories. If on an application for permission accompanied by the plans and specifications required by the rules 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. 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 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. Note: -A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health. Section 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; (c) the address to which communications relating to the factory may be sent; (d) the nature of the manufacturing process-- (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. General duties of the 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. Section 8: Inspectors. No person shall be appointed or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith. Section 10: Certifying surgeons. No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or having been so appointed or authorised, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein on in any patent or machinery connected therewith or is otherwise in the employ of the factory: PROVISIONS REGARDING THE HEALTH OF WORKERS Section 11: Cleanliness Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular Section 12. Disposal of wastes and effluents. 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. Section 13. Ventilation and Temperature. There must be provision for adequate ventilation by the circulation of fresh air. The temperature must be kept at a comfortable level. Section 14. Dust and Fume. If the manufacturing process used gives off injurious or offensive dust and fume steps must be taken so that they are not inhaled or accumulated. Section 15. Artificial humidification. In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used Section 16. Overcrowding. No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. 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 of space for every worker employed therein, Section 17. Lighting. 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. In every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance will allow, free from obstruction. 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. Section 18. Drinking water. 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. In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof. 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. Section 19. Latrines and Urinals. Every factory must provide sufficient number of latrines and urinals. There must be separate provision for male and female workers. Latrine and urinals must be kept in a clean and sanitary condition. In factories. Employing more than 250 workers, they shall be of prescribed sanitary types. Section 20. Spittoons. 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. 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. PROVISIONS REGARDING THE SAFETY OF WORKERS Section 21. Fencing of machinery. To ensure safety of workers working on or around the machines, it is essential that all dangerous parts of the machine should be properly fenced with safe-guards of substantial construction, which shall be maintained and kept in position, while the machinery is in motion. Section 22. Work on or near machinery in motion. This section prohibits examination and lubrication of machinery while in motion, unless it is carried out by a trained, male adult worker, whose name has been recorded in the register prescribed for this purpose. Section 23. Employment of young persons on dangerous machines No young person shall be required or allowed to work at any machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed Section 24. Striking gear and devices for cutting off power. In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom. Section 25. Self-acting machines. Moving parts of a self-acting machine must not be allowed to come within 45 cms. of any fixed structure which is not part of the machine. Section 34. Excessive weights. No worker shall be made to carry a load so heavy as to cause him injury. Section 40. Safety Officers. 1) In every factory-- (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, Section 41 Permissible limits of exposure of chemical and toxic substances. The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Schedule. Right of workers to warn about imminent danger. Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector. PROVISIONS REGARDING THE WELFARE OF WORKERS Section 42. Washing. In every factory adequate and suitable facilities for washing shall be provided and maintained. They shall be conveniently accessible and shall be kept clean. There must be separate provisions for male and female workers.- Section 43. Storing and drying clothes. The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing. Section 44. Sitting. Sitting facilities must be provided for workers who have to work in a standing position so that they may take rest when possible. When work can be done in a sitting position efficiently the Chief Inspector may direct the provision of sitting arrangements. Section 45. First aid. 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. 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 Section 46. Canteens. 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. Section 47. Shelters, rest rooms and lunch rooms. In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers: Section 48. Creches. In every factory where more than 30 women are employed, a room shall be provided for the use of the children (below 6 years) of such women. The room shall be adequate size. well lighted and ventilated, maintained in a clean and sanitary condition and shall be in charge of a woman trained in the care of children and infants. Section 49. Welfare officers. In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such a number of welfare officers as may be prescribed. THE WORKING HOURS OF ADULTS Section 51. Weekly Hours. No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Section 53. Compensatory holidays.Previous Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made, he shall be allowed, 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. Section 54. Daily Hours. No adult worker shall be required or allowed to work in a factory for more than nine hours on any working day. Section 55. Intervals for Rest. No worker shall work for more than five hours before he has had an interval for rest of at least half an hour. Section 54. Spreadover. The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest, they shall not spread over more than ten and a half hours in any day: Section 59. Extra wages for overtime. 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. Section 60. Double Employment. No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory. Section 62. Register of adult workers. The manager of every factory shall maintain a proper register of adult workers. No adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers. Section 66. Further restrictions on employment of women. Apart from the benefits given to men, no woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. There shall be no change of shifts except after a weekly holiday or any other holiday. Section 79. Annual leave with wages. 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 twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year. The unavailed leave in calendar year can be carried forward in the next year, but such a carry forward should not exceed 30 days. However, leave refused in accordance with this section can be carried forward without any limit. Section 88. Notice of certain accidents. Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. Section 103. Presumption as to employment. If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory. Section 104. Onus as to age. (1) When any act or omission would, if a person were under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is no under such age. (2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker. Section 107 Appeals. The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order. Section 108. Display of notices. (1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon. (2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition. Section 111. Right of workers, etc Every worker shall have the right to-- (i) obtain from the occupier, information relating to workers' health and safety at work, (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training center or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work, (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory. Section 112. General power to make rules. The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act. Section 117. Protection to persons acting under this Act. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.