The Factories Act, 1948: Website: Contact Us: 7889296332
The Factories Act, 1948: Website: Contact Us: 7889296332
The Factories Act, 1948: Website: Contact Us: 7889296332
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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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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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.
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;
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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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.
• 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.
SUMMARY:
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].
Adequate lighting, drinking water, latrines, urinals and spittoons should be provided. [Sections 17 to 19].
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].
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].
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];
Full time Welfare Officer if factory employs 500 or more workers [Section 49];