The Factories Act, 1948: Website: Contact Us: 7889296332

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THE FACTORIES ACT, 1948


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HISTORICAL BACKGROUND:
Some leaders like S.S. Bengalee fought for the labour’s cause and were mainly responsible for getting a bill
referred to the Indian Legislature in 1879. An organized body of workers also put in a strong plea before the
legislature for redress of their grievances. Finally, the first Indian Factories Act, 1881 (15th of 1881) was
enacted.
• Factory Act is a central legislation which came into existence in 1881.
• It regulates the working conditions of the workers and lays down various provisions which are related to
health, safety, working conditions, hazardous processes of the workers.
• It also provides procedures for penalties in case of any contravention of provisions of factory Act.
• The Act was amended in the year 1891, 1911, 1922, 1934, 1948, 1976 and 1987. It was extensively amended
in the year 1948.
• The Factory Act 1948 is more comprehensive than the previous act and focuses mainly on health, safety,
welfare of the workers inside factories, working hours, minimum age to work, leave with pay etc.

This act is based on the provisions which are provided under Factory Act of Great Britain passed in the year
1937.
• Today however factory and industry are understood to be interchangeable. But this is incorrect.
• Industry is a steady and systematic activity in which trade is organized whereas factory refers to the place
where such activities are carried on.
• The entire day to day activity taking place in the factory is governed by the Factory Act 1948.
• This act extends to the whole of India including Jammu & Kashmir.
• 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 employing more than 500 workmen, creches where more than 50 women are
employed, welfare officer where more than 500 workmen are employed, spittoons, holidays with wages at
the rate of one day for every 20 days worked, weekly hours 48 for adults and 27 for younger persons,
regulations regarding young persons, rate of payment for overtime work, rest for half an hour after
maximum of 5 hours of work, number of hours of work, and weekly holiday.
• Since there are many changes and developments related to safety and health the need for effective
implementations of various provisions duly amended have been felt.
• The ILO conventions have also necessitated the means for amendments in the Factory act.
• In order to study the administration, enforcement and implementation of Factory Act several Labour and
employment statistics are collected by the central and state government and disseminated by the labour
bureau.
• With the help of these statistics we can analyze the current scenario of the implementation of the Factory
Act, the employment position, the women workers employment with respect to their male counterparts,
the hazardous processes, the number of fatal accidents, and the inspection being carried out along with
prosecution and penalty and the safety measures undertaken.
• This puts out a picture for further development and enhancement related to all these parameters in the
provisions mentioned in the Factory act and thus calls for amendments.
• The history of Factory Act is more than 100 years old.
• As the process of modern industrialization came to India almost a century after its beginning in Great Britain,
the beginnings of factory legislation had to wait for the same period of time.
• The first cotton textile factory was set up at Bombay as early as 1854.
• The pace was accelerated & by 1870 a large number of factories were setup at Bombay, Nagpur, Kanpur &
Madras.
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• The first Iron & Steelwork started at Bihar in 1873. Jute spinning mill were started at Rishra in 1855.
• By 1881 there were 5000 power looms at work in Bengal. In 1870, Bally Paper mills were setup at Hoogly &
several tanning & leather factories were also setup at Kanpur which led to factory establishment existence
in India.
• This brought factories evils such as employment of women & children at tender age, excessive hours of work
& hazardous & insanitary working conditions.
• Great need for protective labour legislations to fight the conditions of workers (specially women & children)
was felt as early as 1850, but nothing was done by British Government (By this a series of Factories Act was
already passed in Great Britain). Occasional notes of dissatisfaction were raised by philanthropist which
were led by Sorabjee Shahpurjee Bengali.
• In 1878, Sasipad Bannerjee laid the foundation of Bara Bazar organization for the welfare of jute mill
workers. There is also a record of a strike in Nagpur Empress Mill in 1877.
• The industrial revolution that took place between 1760 and 1820 in England changed the techniques of
production. Many mechanical inventions then came in quick succession such as the invention of steam
engine enabled man to drive the machines by power.
• With the industrial revolution, capital became an important factor of production with the technological
advances; the employment in factories rose up tremendously.
• Two distinct classes emerged namely the capitalist class and the working class.
• The workers were largely untrained, uneducated, and unorganized and the capitalists of ‘hard grind’ nature
exploited the workers and paid lower wages, working conditions remained unhygienic. There was a total
lack of welfare measures.
• Thus protective labour legislations was embodied in Factory Act 1881. Thus joint efforts of philanthropist,
social workers in India & Lancashire manufacturers in Great Britain resulted in Factory Act 1881 (though
with different considerations).
• The Act of 1881 was inadequate. Narayan Meghaji Lokhandey, a disciple of Mahatma Jyotiba Phule,
emerged as the first labour leader in India. He was a storekeeper in a textile mill and devoted his whole life
to the cause of labour movement.
• He presented a memorandum signed by 5300 workers and presented it to the Factory Commission
appointed in 1884.
• The Factory Commission was appointed by the Government of India in 1890.
• An act was passed in 1891 on the basis of the recommendation of this commission, whereby the definition
of Factory was amended to include premises in which fifty persons or more were employed.
• The Local Governments were empowered to extend it to premises in which twenty persons or more were
employed. It included provisions for women employees and working hours for them were limited with a
provision for thirty minute's interval for rest.
• The Factory act was amended from time to time. The First World War and the Russian Revolution of 1917
affected the labour movement.
• International Labour Organization (ILO) was set up in 1919.
• It was later amended twice in the year 1923 and 1926. On the basis of recommendations made by the Royal
Commission on Labour 1929, the Act was thoroughly revised and redrafted in 1934.
• During the Interim Congress Regime, a five year plan was drawn up to ameliorate the labour conditions in
India and also to revise the Factories Act of 1934 on the line of the UK Factories Act 1937 and latest ILO
conventions in the matters of safety, health, welfare, working hours, industrial hygiene, medical
examination of young persons and submission of plans of factory buildings.
• The 1942 Conference was important as being the first attempt at collaboration between Government,
employers, and workers in matters pertaining to Labour. Arising therefrom, a Plenary Tripartite Conference
and a Standing Labour Committee had been set up to advise Government on Labour matters and this
resulted in smoothening the way for the introduction of legislative measures including the draft Bill.
• The Factories Bill was introduced in the Constituent Assembly on 30-1-1948 passed by it on 28-8-1948,
received the assent of the Governor-General of India on 23-9-1948 and came into force from 1st April 1949
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Objective of the Act


• To ensure adequate safety measures and to promote the health and welfare of the workers employed in
factories.
• Benefits and safety of workers
• Health and sanitary conditions
• Prevention of accidents
• To prevent haphazard growth of factories through the provisions related to the approval of plans before the
creation of a factory.

Applicability of the Act


• Applicable to the whole of India including Jammu & Kashmir.
• Covers all manufacturing processes and establishments falling within the definition of ‘factory’.
• Applicable to all factories using power and employing 10 or more workers, and if not using power, employing
20 or more workers on any day of the preceding 12 months.

Scheme of the Act


• The Act consists of 120 Sections and 3 Schedules.
• Schedule 1 contains list of industries involving hazardous processes
• Schedule 2 is about permissible level of certain chemical substances in work environment.
• Schedule 3 consists of list of notifiable diseases.

Important Definitions
Factory
According to Section 2(m) of Indian Factories Act, Factory means "any premises including the precincts Thereof
1. Whereon ten or more workers are working, or were working on any day of the preceding 12 months and in
any part of which is manufacturing process is being carried on with the aid of power as is ordinarily so carried
on; or
2. Whereon twenty or more workers are working or were working on any of the preceding 12 months and in
any part of which a manufacturing process is being carried on without the aid of power is ordinarily so
carried on.
• A factory shall 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 hotel, restaurant or eating places.
• The state government is empowered to apply the provisions to any establishment irrespective of number
of employed persons. Except where the work is done by the workers solely with the help of the members
of his family.
Manufacturing process
According to section 2(k) "manufacturing process" means any process for-
1. making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up,
demolishing or otherwise treating or adopting any article or substance with a view to its use, sale, transport,
delivery or disposal; or
2. Pumping oil, water, sewage, or any other substance; or (iii) Generating, transforming or transmitting power;
or
3. composing types for printing, printing by letter press, lithography, photogravure or other similar process or
book-binding; or
4. Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or (vi) Preserving
or storing any article in cold storage;
Child
• A ‘child’ means a person who has not completed his fifteenth year of age.
Adolescent
• An “Adolescent” means a person, who completes his fifteenth year of age but not his eighteenth year.
Hence, he is someone who crosses the age of a child but is not an adult yet.
Young person
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• 'Young person' means a person, who is either a child or an adolescent.


Adult
• An ‘Adult’ means a person who has completed his eighteenth year of age.
Worker
• “Worker” means a person employed, directly or by or through any agency (including a contractor) with or
without the knowledge of the principal employer, whether for remuneration or not, in any the
manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing
process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the
subject of the manufacturing process but does not include any member of the armed forces of the union.
Occupier
• Occupier is the person who has ultimate control over the affairs of the factory ; and
1. 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;
2. In the case of a company, any one of the directors shall be deemed to be the occupier;
3. 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”.

Calendar year
• ‘Calendar Year’ means the period of 12 months beginning with the first day of January in any year. Hence,
it is different from the Financial Year (starts from 1st April).
Day
• It means a period of 24 hours beginning at midnight.
Week
• It means a period of seven days beginning at midnight on Saturday night or such other night (which CIF
certifies).
Approval, Licencing and registration of Factories
• The State Government is empowered to frame rules regarding approval, licensing and registrations of
Factories.
• Prior to giving such approvals by the state government, the chief inspector of factories should inspect the
site to see new construction and extension of existing ones.
• Inspector, Chief inspector Inspecting Staff is appointed by the state government. Every District magistrate
shall be the inspector of factories of his district.
SEC. 9 Powers of Inspectors
Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,—
a. enter, with such assistants, being persons in the service of the Government, or any local or other public
authority, or with an expert as he thinks fit, any place which is used, or which he has reason to believe is
used, as a factory;
b. make examination of the premises, plant, machinery, article or substance;
c. 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;
d. require the production of any prescribed register or any other document relating to the factory;
e. 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;
f. direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed
(whether generally or in particular respects) for so long as is necessary for the purpose of any examination
under clause (b);
g. take measurements and photographs and make such recordings as he considers necessary for the purpose
of any examination under clause (b), taking with him any necessary instrument or equipment;
h. in case of any article or substance found in any premises, being an article or substance which appears to
him as having caused or 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 (but not so as to damage or destroy it unless the same is, in
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the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such
article or substance or a part thereof, and detain it for so long as is necessary for such examination;
i. exercise such other powers as may be prescribed
• The State govt. should appoint certifying surgeon to take care of the health related issues in the factories.
• The state government may make rules for the submission of plans or description of factories. The
organization requires previous permission from the state government or Chief inspector for the construction
or extension of any factory. But the addition or replacement of existing machinery does not come into
extension if does not reduce the safe working space and is also not hazardous to the safety and health of
the employees.

Nature of Plans and Fees Payable


• The plans and specifications need to be submitted for acquiring these permissions (Permit applications). It
prescribes the nature and specifications of such plans, and from whom it shall be certified. It also prescribes
the fees payable for registration/ licensing/ renewal of licenses.

Important provisions the Act


Facilities and Conveniences
• Chapter III of Section 11 to 20 of the Factories Act, 1948, deals with the provisions relating to the health of
the workers in a factory
Provisions regarding health :
Cleanliness ( sec 11)
• Accumulation of dirt shall be removed daily.
• The floor of every workroom shall be cleaned at least once in a week.
• All inside walls, partitions, ceilings must be repainted or varnished once in every five years.
• All doors and windows frames other wooden or metallic framework and shutters shall be kept painted or
varnished.

Disposal of Wastes & Effluents (sec.12)


• Every occupier of a factory shall make effective arrangements for the treatment of wastes and effluents due
to the manufacturing process carried on in the factory so as to render them innocuous and for their disposal.
Ventilations & Temperature (sec.13)
• Adequate ventilation by the circulation of fresh air.
• Reasonable temperature must be maintained.

Dust & Fumes (sec.14)


• The exhaust fumes of internal combustions engines must be conducted outside of the factory.
• Injurious or offensive dust and fumes must be inhaled or accumulated.

Artificial Humidification (sec. 15)


In respect of all factories in which the humidity of the air is artificially increased, the State Government may
make rules,
• Prescribing standards of humidification;
• Regulating the methods used for artificially increasing the humidity of the air;
• Directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded;
• Prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the
workrooms.
• 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 he effectively purified before it is
so used.
• For example:
• In certain industries like cotton, textile, cigarette, etc., higher degree of humidity is required for carrying out
the manufacturing process.
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• For this purpose, humidity of the air is artificially increased.


• This increase or decrease in humidity adversely affects the health of workers.
Overcrowding (sec.16)
• The overcrowding affects the workmen not only in the discharge of duties but also their health.
• The working space should be 9.9 cubic meters of space per worker in every workroom before the
commencement of this Act.
• And after the commencement of this Act, the space per worker is 14.2 cubic meter.
• Roof shall be 5 mts (14ft.) above the floor.

Lighting (sec.17)
• 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 and skylights be used and workrooms shall be kept clean on both the
inner and 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;

Drinking Water (sec.18)


• 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.
• Effective arrangements shall be made to provide a sufficient supply of wholesome drinking water.

Latrines & Urinals (sec.19)


• Sufficient latrine and urinal accommodation of prescribed types shall be provided and conveniently situated
to make them accessible to workers at all times while they are at the factory.
• It should be adequately lighted, ventilated.
• Latrines and urinals must be kept in a clean and sanitary condition.

Spittoons (sec.20)
• There should be sufficient number of spittoons in convenient place.
• It must be maintained in a clean and hygienic condition.
• No persons shall spit expect in the spittoons.
SAFETY:
• 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
• Safety Officer if 1,000 or more workmen are employed
Fencing machinery
• According to Section 21 of the Factories Act 1948, every dangerous machinery in a factory must be securely
fenced to avoid accidents.
• The section provides for fencing the following machineries while they are in use 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; the headrace and tailrace of every water-wheel and water turbine.
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• the following should be securely fenced every part of an electric generator,


a) a motor or rotary convertor.
b) every part of transmission machinery.
c) every dangerous part of any other machinery.

• Sec 22:Work On Or Near Machinery In Motion


• Examination shall be carried out only by specially trained male workers
• Should wear tight fitting clothes
• No woman or young person shall be allowed to clean, lubricate or adjust any part of prime mover.
• Employment of young persons on dangerous machines (Sec.23): This section provides that young person
shall be required or allowed to work at any machine to which he has been fully instructed as to the dangers
arising in connection with the machine and the precautions to be observed and-
a. has received sufficient training in work at the machine,
b. is under adequate supervision by a person who has a through knowledge and experience of the
machine.
Striking gear and devices for cutting off power (sec-24)
• In every factory, suitable devices for cutting off power in emergencies from running machinery shall be
provided and maintained in every workroom.
Self-acting machines (Sec. 25):
• No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space
over which it runs is a space over which any person is liable to pass, whether in the course of his employment
or otherwise, be allowed to run on its outward or inward traverse within a distance of forty- five centimeters
from any fixed structure which is not part of the machine
Prohibition of employment of women and children near cotton- openers (Sec. 27):
• In any part of a factory where a cotton-opener is at work for pressing cotton, no woman or child shall be
employed. Provided that the Inspector may in any particular case specify in writing that the women and
children may be employed on the side of the partition where the feed-end is situated.
Hoists and lifts (Sec. 28):
• Every hoist and lift shall be of good mechanical construction, sound material and adequate strength,
properly maintained ,protected by an enclosure fitted with gates, and shall be thoroughly examined by a
competent person .
Lifting machines, chains, ropes and lifting tackles (Sec. 29):
• 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)
• According to Section 30, In every factory in which the process of grinding is carried on there shall be
permanently affixed to or placed near each machine in use a notice indicating the maximum safe working
peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the
wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe
working peripheral speed. The speeds indicated in notices under sub-section (1) shall not be exceeded. 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)
• Section 31 of the Act, If in any factory, any plant or machinery or any part thereof is operated at a pressure
above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of
such plant or machinery or part is not exceeded. State Government may make rules providing for the
examination and testing plant or machinery.
Floors, stairs and means of Access(sec-32)
• According to Section 32 Floors, stairs and means of Access must be of sound construction and shall be free
from obstructions, causing persons to slip.
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Pits, sumps, opening in floors, etc(sec-33)


• According to Section 33 of the Said Act, In every factory every fixed vessel, sump, tank, pit or opening in the
ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source
of danger, shall be either securely covered or securely fenced. The State Government may, by order in
writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of
factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this
section
Excessive weights(sec-34)
• Section 34 of Factories says that no person shall be employed in any factory to lift, carry or move any load
so heavy as to be likely to cause him an injury. The State Government may make rules prescribing the
maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and
children employed in factories or in any class or description of factories or in carrying on in any specified
process.
• Protection of eyes (Section 35) - In respect of any such manufacturing process carried on in any factory as
may be prescribed, being a process which involves -
a. risk of injury to the eyes from particles or fragments thrown off in the course of the process.
b. risk to the eyes by reason of exposure to excessive light, the State Government may by rules require that
effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the
immediate vicinity of, the process.
Precautions against dangerous fumes, gases etc(sec-36)
• No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined
space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to
involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or
other effective means of egress. (2) No person shall be required or allowed to enter any confined space as
is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume,
vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent
any ingress of such gas, fume, vapour or dust and unless - a certificate in writing has been given by a
competent person, based on a test carried out by himself that space is reasonably free from dangerous gas,
fume, vapour or dust: or such person is wearing suitable breathing apparatus and a belt securely attached
to a rope the free end of which is held by a person outside the confined space.

Explosive or inflammable dust, gas, etc(sec37)


• Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and
to such extent as to be likely to explode on ignition, all practicable measure shall be taken to prevent any
such explosion by
a) effective enclosure of the plant or machinery used in the process;
b) removal or prevention of the accumulation of such dust, gas, fume or vapour;
c) exclusion or effective enclosure of all possible sources of ignition.

Section38: Precautions In Case Of Fire:


(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

Section39: Power To Require Specifications Of Defective Parts Or Tests Of Stability:


• Building or part of a building dangerous to human life
• Inspector of the factory take order in writing before a specified date
a. to furnish such drawings, specifications and other particulars to determine whether such building, can be
used with safety.
b. to carry out tests and inform the officer.
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Safety officers (sec-40B)


• This section makes provision for the appointment of for safety officer in the factories, where 1000 or more
workers are employed or the State government by notification in official gazette may require the occupier,
carrying on dangerous and hazardous nature of manufacturing process to appoint safety officers
Power to make rules to supplement this chapter(sec- 41)
• Section 41 of the Factories Act, 1948 empowers the State Government to make any rules to supplement
this chapter.

Welfare
• The term ‘Labour Welfare’ refers to the facilities provided to workers in and outside the factory premises
such as canteens, rest and recreation facilities, housing and all other services that contribute to the
wellbeing of workers. Welfare measures are concerned with general wellbeing and efficiency of workers. In
the early stages of industrialization, welfare activities for factory workers did not receive adequate
attention.
• The welfare measures involve three major aspects which are - occupational health care, suitable working
time and appropriate salary.
• The welfare measures aim at integrating the socio- psychological needs of employees, the unique
requirements of a particular technology, the structure and processes of the organization and the existing
socio- cultural environment. 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.
The employees work with full enthusiasm and energetic behaviour which results in the increase in
production and ultimately the increased profit.
• The measures of welfare give result after a long period of time. It is a long process, so the management has
to keep patience while providing the welfare facilities for the employees. While deciding the welfare facility
for the employees, the management has to do discussions with the persons who are now going to avail the
facilities. The communication increases the cohesiveness between the management and the employees
and thus industrial relations improve.

WELFARE PROVISIONS (42-50)


WASHING FACILITIES(SEC-42)
• 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)
• There are various kinds of jobs in a factory. Some of them require the workers to stand for a longer period
of time. There is no doubt that human power to stand has limits. Looking at such case, this section states:
• 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)
• Injuries are somehow an inescapable part of life for the workers especially working in the factories. Looking
at the safety and welfare of the workers this section provides that:
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• 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)
• 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:
• If the number of workers in a factory crosses 150, 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:
• 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. 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.
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SUMMARY:

The factory should be kept clean. [Section 11].

There should be arrangement to dispose of wastes and effluents. [Section 12].

Ventilation should be adequate. Reasonable temperature for comfort of employees should be maintained. [Section
13].

Dust and fumes should be controlled below permissible limits. [Section 14].

Artificial humidification should be at prescribed standard level. [Section 15].

Overcrowding should be avoided. [Section 16].

Adequate lighting, drinking water, latrines, urinals and spittoons should be provided. [Sections 17 to 19].

Adequate spittoons should be provided. [Section 20].

All machinery should be properly fenced to protect workers when machinery is in motion [Section 21 to 27].

Hoists and lifts should be in good condition and tested periodically. [Section 28 and 29]. Pressure plants should be
checked as per rules. [Section 31].

Floor, stairs and means of access should be of sound construction and free form obstructions. [Section 32]. Safety
appliances for eyes, dangerous dusts, gas, and fumes should be provided. [Sections 35 and 36].

Worker is also under obligation to use the safety appliances. He should not misuse any appliance, convenience or
other things provided. [Section 111].

In case of hazardous substances, additional safety measures have been prescribed [Sections 41A to 41H].

Adequate firefighting equipment should be available[Section 38].

Safety Officer should be appointed if number of workers in factory are 1,000 or more [Section 40B]. Qualification
related to safety officers are prescribed by state government.

Adequate facilities for washing, sitting, storing clothes when not worn during working hours. [Section 42].

If a worker has to work in standing position, sitting arrangement to take short rests should be provided. [Section
44].

Adequate First aid boxes should be provided and maintained [Section 45].

Facilities in case of large factories

Following facilities are required to be provided by large factories-

Ambulance room if 500 or more workers are employed;

Canteen if 250 or more workers are employed. It should be sufficiently lighted and ventilated and suitably located.
[Section 46].

Rest rooms / shelters with drinking water when 150 or more workmen are employed [Section 47];

Crèches if 30 or more women workers are employed. [Section 48];

Full time Welfare Officer if factory employs 500 or more workers [Section 49];

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