Labour Law Assignment

Submitted by
Name: Tahera Zufashan
Student ID: 202104882
B.A. LL.B (6th Semester) (Self-financed)
Faculty of Law, Jamia Millia Islamia

Submitted to: Prof. Arif Sir (Faculty of Law, Jamia

Millia Islamia, New Delhi)

ASSIGNMENT TOPIC: Key Provisions of the

Factories Act, 1948: A Comprehensive Overview
S.no. Content

1. Introduction

2. History of factories act, 1948

3. Salient Features of act,1948

4. Objectives of the Act

5. Application of the Act

6. Important Provisions in the Act

7. Case Laws

8. New Amendments of the Factories Act

9. Registers required to be maintained under this Act

10. Acts to be done or maintained

11. Conclusion
 “KEY PROVSIONS OF THE FACTORIES ACT,1948: A
COMPREHENSIVE OVERVIEW”

I. INTRODUCTION

We live in society where the production of goods is an inevitable part of a country or

economy. Undoubtedly, if production is important then everything related to production is
important. Hence, Factory forms an important part of the economy. It is such a wide term that
it requires special provisions to carry on all activities smoothly. In this article, we will look at
various definitions under the Factories Act, 1948.

In the early stages of industrialization, welfare activities for factory workers did not receive
adequate attention. Employers were not inclined to accept the financial burden of welfare
activities. Wherever employers provided for such amenities, it was more with a paternalistic
approach to labour rather than recognition of workers' needs. Hence the state had to
intervene, in discharge of its welfare responsibility, by using its persuasive powers and/or by
enforcing legislation, where persuasion failed.

The Factories Act of 1948 was enacted to protect the welfare of workers in a factory by
regulating employment conditions, working conditions, the working environment, and other
welfare requirements of specific industries. The Court held in Ravi Shankar Sharma v. State
of Rajasthan (1993) that the Factory Act is social legislation that covers the health, safety,
welfare, and other aspects of factory workers. The Factories Act lays out guidelines and
safety measures for using machinery, and with its strict compliance, it also provides owners
with instructions. When factory workers were taken advantage of and exploited by paying
them low wages, the Factories Act was passed.1

II. HISTORY OF FACTORIES ACT, 1948

• Evolution of factories and industries

The Factory Act has a history that goes back more than a century. Modern industrialization
was introduced to India over a century after it began in the United Kingdom. The first cotton

1
Summary of the Factories Act 1948-Commentary-Simple language-Explained, available at:
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10, 2024)
textile factory was established in Bombay in 1854. By 1870, a huge number of industries had
been constructed in Bombay, Nagpur, Kanpur, and Madras. In Bihar, the first iron and steel
works were established in 1873. Jute spinning mills were established at Rishra around 1855.
In 1881, Bengal had 5000 power looms in operation. During the 1870s, Bally paper mills
were created at Hooghly and many other tanning and leather factories were established in
Kanpur, resulting in the development of factory establishments in India. The early
employment of women and children, the length of the working hours, and the hazardous and
unhygienic working conditions brought issues and crises to India, and due to these scenarios,
legislation was established for all factories and industries. The necessity for protective labour
legislation to combat working conditions, particularly for women and children, was
recognised as early as 1850, but the British government did very little. The Bara Bazar
organisation was founded in 1878 by Sasipad Bannerjee to promote the welfare of jute mill
employees. There were strikes in 1877 at Nagpur Empress Mill, which are recorded. The
production methods were changed throughout the industrial revolution that occurred in
England between 1760 and 1820. The development of several mechanical innovations began,
such as the steam engine, which gave humans the capability to drive powerful machines.2

• Factory Act of 1948

The Factory Act of 1948, a landmark legislation in India's labor history, emerged from a
series of preceding acts aimed at improving working conditions in factories. Modern
industrialization in India traces back over a century, with the establishment of the first cotton
textile factory in Bombay in 1854, followed by rapid industrial growth in cities like Nagpur,
Kanpur, and Madras. However, this growth brought along with it issues such as hazardous
working conditions, long hours, and the exploitation of women and children.

Recognizing the need for protective labor legislation, efforts to regulate factory conditions
began as early as the mid-19th century. The first Factory Act was passed in 1881 under Lord
Ripon's leadership, followed by amendments in 1891, among others. These early acts laid
down basic regulations regarding child labor, working hours, and safety measures.

The Factory Act of 1948 marked a significant step forward in addressing the shortcomings of
previous legislation. Enacted during the Interim Congress Regime, it drew upon earlier acts
and international conventions to establish comprehensive provisions for workers' health,

2
The Factories Act, available at: https://www.corpseed.com/knowledge-centre/the-factories-act (Last visited on
April 10, 2024)
 safety, welfare, and working conditions. This act was the culmination of collaborative efforts
between the government, employers, and workers, facilitated by conferences and committees
established to advise on labor-related matters.3

Key provisions of the Factory Act of 1948 include regulations on working hours, minimum
age for employment, leave entitlements, and safety measures. It applies uniformly across
India, including Jammu and Kashmir. Subsequent amendments in 1976 and 1987 further
refined and updated the act to adapt to changing industrial landscapes and evolving labor
needs. Overall, the Factory Act of 1948 stands as a cornerstone of India's labor legislation,
aimed at ensuring fair and safe working conditions for factory workers across the country.

III. SALIENT FEATURES OF FACTORIES ACT, 1948

The important features of the 1948 Act are as follows:

• The word “factory” has been expanded by the Factories (Amendment) Act of 1976 to
include contract labour when determining whether a factory has a maximum of 10 or
20 employees.

• The Act increased the minimum age for children to work in workplaces from 12 to 14
and reduced their daily working hours from 5 to 4 and a half.

• The Act forbids women and children from working in factories from 7 p.m. to 6 a.m.

• The difference between a seasonal and non-seasonal factory has been abolished by the
Act.

• The Act, which has provisions for factory registration and licencing.

• The state government is required to make sure that all factories are registered and also
have valid licences that are renewed from time to time.

• The Act gives state governments the authority to enact rules and regulations that ask
for management and employee association for the benefit of employees.

• The state government has the authority to apply the Act’s requirements to any
establishment, regardless of the number of employees inside and regardless of
whether the establishment engages in manufacturing operations.

3
Ibid
 • In Rabindra Agarwal v. State of Jharkhand (2010)4, the Jharkhand High Court held
that the Factories Act, special legislation would prevail over the Indian Penal Code.

IV. OBJECTIVES OF FACTORIES ACT, 1948

The important objectives of the 1948 Act are as follows:

• The major goal of the Factories Act of 1948 is to establish adequate safety measures and to
enhance the health and welfare of workers employed in a factory. The Act also protects
workers from various industrial and occupational hazards.

o Heath: According to the Act, all factories must be kept clean, and all essential safeguards
must be taken to safeguard the health of workers. The factory must have a sufficient drainage
system, adequate lighting, ventilation, temperature, etc. There must be clean water supplies.
Separate restrooms and urinals must be built in convenient locations for males and females.
These must be freely accessible to employees and kept clean.

o Safety: The Act requires that machines be properly fenced; that no young adults work on
any dangerous machines in enclosed places, and also that appropriate manholes be provided
so that employees may escape in an emergency.

o Welfare: The Act specifies that appropriate and suitable washing facilities for workers must
be provided and maintained in every factory. There must be storage and drying facilities, as
well as sitting areas, first-aid equipment, shelters, restrooms and lunch rooms.

• The Act also imposes some restrictions on the employment of women, small children, and
teenagers, such as working hours, intervals, holidays, etc., as well as on annual leave with
pay, etc.

o Working hours: The Act sets working hours for all workers, and no adult worker must be
permitted to work in a workplace for more than 48 hours per week. Weekly holidays need to
be granted.

• The Act also imposes specific restrictions on owners, occupiers, or the manufacturer’s head
in order to safeguard employees and ensure their health and safety precautions.

4
2010 LawSuit(Jhar) 362
• The Act protects workers from exploitation and improves working conditions and the
environment within factory premises.

o Penalties: The Act also specifies specific rules created with provisions under the Act, and
written orders that are violated. It is an offence, and penalties will be imposed,
imprisonment for up to a year; a fine of up to one lakh rupees; or both fine and
imprisonment. Any employee who misuses equipment related to the welfare, safety, and
health of other employees, or those connected to the performance of his duties, suffers a
Rs.500 fine.5

V. APPLICATION OF THE FACTORIES ACT,1948

The important applications of the 1948 Act are as follows:

• The Act also applies to the whole country of India, including Jammu and Kashmir,
and covers all manufacturing processes and premises that fall under the definition of a
factory as defined in Section 2(m)6 of the Act. It also applies to factories owned by
the central or state governments, as defined in Section 116 7of the Act.

• The Act is applied and limited to factories that use power and employ 10 or more
people on any working day in the preceding 12 months.

• The Act is applied and limited to factories that do not use power and employ 20 or
more people on any working day in the preceding 12 months.

• The Act is also covered under Section 858 of the Factories Act by the state
governments or Union Territories.9

VI. DEFINITIONS UNDER THE FACTORIES ACT, 1948

The important definitions under the 1948 Act are as follows:

5
P. Bharti and A. Kumar M, “Provision Of Welfare Under Factories Act & Its Impact On Employee
Satisfaction,” J. Bus. Manag. Soc. Sci. Res., 2013
6
The Factories Act, 1948 (Act 63 of 1948), s. 2(m)
7
Id at. s.116
8
Id at. s.85
9
Mathew Sinu Simon, “A study on Factories Act, 1948” 9 IJIREM 26 (2022)
 1. Adult and child: An adult is defined as someone who has attained the age of eighteen,
as defined in Section 2(a)10 of the Act.

A child is someone who has not attained the age of fifteen, as defined in Section
2(c)11 of the Act.

2. Adolescent: Adolescent is defined in Section 2(b) 12of the Act. An adolescent is

defined as someone who has attained the age of fifteen but has not yet attained the age
of eighteen.
3. Calendar year: The calendar year is defined in Section 2(bb)13 of the Act. A calendar
year is a period of twelve months commencing on January 1st of any year.
4. Competent person: A competent person is defined in Section 2(ca)14 of the Act. A
competent person is someone or a group of individuals who have been approved by the
Chief Inspector to conduct tests, examinations, and inspections that must be conducted
in a plant. He/she is someone who has the necessary knowledge and experience to
handle the complexity of the issue.
5. Hazardous process: Hazardous process is defined in Section 2(cb)15 of the Act. A
hazardous process is defined as any process or activity related to the industry that
requires special care of raw materials that are used in it, intermediate or finished
products, by-products, wastes, or effluents that would cause material impairment to the
health of those engaged in or connected with it or that result in polluting the
environment.
6. Machinery: Machinery is defined in Section 2(j)16 of the Act. The term covers prime
movers, transmission machinery, and any other equipment and appliances that produce,
transform, transmit, or apply power.
7. Power: Power is defined in Section 2(g)17 of the Act. Power is defined as any type of
mechanically transmitted energy that is not created by a human or animal agency.

10
The Factories Act, 1948 (Act 63 of 1948), s. 2(a)
11
Id at. s.2(c)
12
Id at. s.2(b)
13
Id at. s.2 (bb)
14
Id at. s.2 (ca)
15
Id at. s.2 (cb)
16
Id at. s.2 (j)
17
Id at. s.2 (g)
 8. Week: Week is defined in Section 2(f) 18of the Act. A week is defined as a seven-day
period beginning at midnight on Saturday night or other nights that have been approved
in writing for a specific area by the Chief Inspector of Factories.
9. Day: Day is defined in Section 2(e)19 of the Act. A day is defined as a 24-hour period
beginning at midnight.
10. Young person: Young person is defined in Section 2(d)20 of the Act. A young person is
defined as a child or an adolescent.
11. Factory: The definition of a factory is specified in Section 2(m)21 of the Factories Act
1948. A factory is any premises, where it has certain limits and boundaries-

• If a manufacturing process is regularly carried out in any portion of the premises with
the use of power and with ten or more workers now engaged in such activity or were
engaged in such work on any day during the previous twelve months; or

• If any element of a manufacturing process is performed inside the premises without

the use of power and is regularly performed with twenty or more employees working
or having worked there on any given day within the previous twelve months.

12. Manufacturing process: The manufacturing process definition is specified

under Section 2(k)22. The term “manufacturing process” refers to any process for:

• Generating, altering, repairing, ornamenting, finishing, packing, oiling, washing,

cleaning, demolishing, or otherwise treating or adapting any article or;

• A substance in preparation for use, sale, transportation, delivery, or disposal or;

• Producing, transforming, or transmitting energy or;

• Creating type for printing, letterpress printing, lithography, bookbinding, or any other
similar process or;

• Constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or

vessels, etc. (as defined by the 1976 Amendment Act);

• Preserving or storing any item in cold storage.

18
Id at. s.2 (f)
19
Id at. s.2 (e)
20
Id at. s.2 (d)
21
Id at. s.2 (m)
22
Id at. s.2 (k)
 13. Worker: The worker definition is specified under Section 2(l)23. A worker is someone
who performs any job associated with a manufacturing process, whether they are
employed directly or indirectly through an agency, a contractor, or any other means. This
helps to maintain any equipment or facilities utilised in the manufacturing process. The
worker may be hired with or without the principal employer’s knowledge and with or
without compensation. 24

VII. IMPORTANT PROVISIONS IN THE FACTORIES ACT, 1948

❖ Getting approval, licencing and registration of factories (Section 6)25

• The state government shall make rules that require formal submission of plans of any
category or description of factories, as well as the site on which the factory is located, for
construction or extension must be submitted to the chief inspector or the state government.

• This Section requires the registration and licencing of factories, as well as the payment of
fees for such registration and licencing, as well as the renewal of licences.

• No licence is issued or renewed unless the occupier gives notice to the chief inspector.

• If the state government refuses to grant permission to the site or construction of a factory,
then within 30 days of the refusal, the applicant can appeal to the central government.

❖ Labour and welfare

The word ‘labour welfare’ refers to the services offered to employees within as well as
outside the factory, such as canteens, restrooms, recreation areas, housing, and any other
amenities that support employee well-being. States that take welfare measures care about
the overall well-being and productivity of their workforce. Early on in the industrialization
process, social programmes for manufacturing workers did not receive enough priority. In
the past, industrial labour conditions in India were terrible. Due to a growth in industrial
activity in the latter part of the twenty-first century, several attempts were made to improve
the working conditions of the workforce through the recommendations of the Royal
Commission.

23
Id at. s.2(l)
24
Summary of the Factories Act 1948-Commentary-Simple language-Explained, available at:
https://www.whatishumanresource.com/the-factories-act-1948---commentary---explained (Last visited on April
10, 2024)
25
Id at. s.6
 After gaining knowledge about the deficiencies and limitations of the previous Act, the
Factories Act of 1948 was amended. The definition of ‘factory’ was expanded to encompass
any industrial facility employing 10 or more people that uses power or any industrial
establishment employing more than 20 people that uses no power, which was a significant
development. 26

Other significant amendments included-

• Raising the minimum age of children who can work from 12 to 14 years old.

• Reducing the number of hours a child can work from five to four and a half.

• Preventing the kids from working between the hours of 7 p.m. and 6 a.m.

• The health, safety, and well-being of all types of employees are given particular attention.

❖ Welfare measures

The three main components of welfare measures are occupational health care, appropriate
working hours, and appropriate remuneration. It speaks of a person’s complete health,
including their physical, mental, moral, and emotional states. The goal of welfare measures
is to integrate the socio-psychological demands of the workforce, the particular
technological requirements, the organisational structure and procedures, and the current
socio-cultural environment. It fosters a culture of work dedication in enterprises and society
at large, ensuring increased employee happiness and productivity.27

1. Washing facilities (Section 42)28

• All factories should supply and maintain enough appropriate washing facilities for the use
of the employees.

• For male and female employees, separate, well-screened facilities must be provided; these
facilities also need to be easily accessible and maintained clean.

• The standards for appropriate and suitable facilities for washing must be set by the state
government.

26
P. Chandrasekaran and P. Ganeshprabhu, “A study on employee welfare measures in construction industry in
India,” Int. J. Sci. Technol. Res., 2020.
27
Ibid
28
Id at. s.42
 2. Facilities for storing and drying clothing (Section 43)29

• The state government has a specific authority. It specifies that the state government has the
authority to give instructions to the manufacturers regarding where to store the worker’s
clothing.

• They can also provide them with instructions on how to dry the workers’ clothes. It refers
to the circumstance in which workers are not dressed for work.

3. Facilities for sitting (Section 44)30

• All factories should provide and maintain seating arrangements in appropriate areas for all
workers who are required to work in a standing position in order to take advantage of any
chances for rest that may arise throughout the course of the job.

• According to the chief inspector, workers in any factory involved in a certain

manufacturing process or working in a specific room are able to perform their work
effectively while seated.

4. First aid appliance (Section 45)31

• All factories must have first aid kits, appliances, or cupboards stocked with the required
supplies during all working hours, and they must be easily accessible for all manufacturing
employees to access. Accordingly, there must be more first aid boxes or cupboards than
the usual ratio of one for every 150 industrial employees, which must be fewer than that.

• The first aid box or cupboard should only include the recommended supplies.

• Throughout the factory’s operating hours, each first aid box or cupboard should be kept
under the supervision of a specific person who is accountable for it on a separate basis and
must be readily available at all times during the working hours of the factory.

5. Canteen (Section 46)32

• A canteen must be provided and kept up by the occupier for the benefit of the workers in
any specified factory where more than 250 people are usually employed, according to
rules that the state government may set.

29
Id at. s.43
30
Id at. s.44
31
Id at. s.45
32
Id at. s.46
 • Food must be served, and prices must be established for it.

6. Shelters, restrooms and lunch rooms (Section 47)33

• Every factory with more than 150 employees must have appropriate and suitable
restrooms or shelters and a lunchroom with drinking water where employees can eat food
they have brought with them and that is kept for their use. If a lunchroom is available,
employees should stop eating in the work area.

• The shelters or restrooms need to be well-lighted, ventilated, kept clean, cool, and in good
condition.

• The state government sets the standards.

7. Creches (Section 48)34

• Every factory with more than 30 female employees must have a suitable room for the use
of children under the age of six of such women.

• Such rooms must be well furnished, well-lighted, and ventilated, and they must be kept
clean and hygienic. They must also be under the care of women who have received
training in child and infant care.

• In addition, facilities for washing and changing clothes can be made available for the care
of the children of female workers.

• Any factory may be forced to provide free milk, refreshments, or both to such children.

• Small children can be fed by their mothers in any industry at necessary intervals.

❖ Health

Sections 11-20 of Chapter III of the Act deal with the Health of the Factories Act, 1948.

1. Cleanliness (Section 11)35

Every factory needs to be kept clean and clear of any effluvia from drains, latrines, or other
annoyances. In particular:

33
Id at. s.47
34
Id at. s.48
35
Id at. s.11
 • Dirt must be cleaned daily from floors, benches, staircases, and passages by sweeping or
by another method, and it must be properly disposed of.

• The floor should be disinfectant-washed at least once a week.

• During the manufacturing process, the floor becomes moist; this must be drained via
drainage.

2. Disposal of wastes and effluents (Section 12)36

Every factory has to have a method in place for treating wastes and effluents produced by the
manufacturing process they use.

3. Ventilation and temperature (Section 13)37

• In order to ensure worker comfort and prevent health problems, sufficient ventilation must
be created for the circulation of air in a factory, which should be maintained at a specific
temperature.

• Walls and roofing should be made of a material that is intended for a particular
temperature that shouldn’t go over as much as possible.

• Certain precautions must be taken to protect the employees in facilities where the
manufacturing process requires extremely high or low temperatures.

4. Dust and fume (Section 14)38

• Every factory has to have efficient measures to remove or prevent any dust, fumes, or
other impurities that might harm or offend the employees employed and cause inhalation
and buildup in any workroom.

• No factory may operate an internal combustion engine unless the exhaust is directed
outside, and no other internal combustion engine may be used. Additionally, precautions
must be made to avoid the buildup of fumes that might endanger the health of any
employees inside the room.

5. Overcrowding (Section 16)39

• There should be no overcrowding in factories that might harm the health of the workers.
36
Id at. s.12
37
Id at. s.13
38
Id at. s.14
39
Id at. s.16
 • All employees must have ample space in a room to work in the building.

6. Lighting (Section 17)40

• Every area of a factory where employees are employed must have adequate natural,
artificial, or both types of lighting installed and maintained.

• All glass windows and skylights that provide lighting for the workroom in factories must
be kept clean on the inside and outside.

• The production of shadows should not cause eye strain during any manufacturing process,
and all factories must have preventative measures that should not cause glare from the
source of light or via reflection from a smooth or polished surface.

7. Drinking (Section 18)41

• All factories must have the appropriate installations in place, and maintain convenient
locations with an adequate supply of clean drinking water.

• The distance between any drinking water and any washing area, urinal, latrine, spittoon,
open drain carrying sullage or effluent, or another source of contamination in the factory
must be 6 metres unless the chief inspector approves a shorter distance in writing. The
labelling must be legible and in a language that workers could understand.

• In all factories with more than 250 regular employees, there needs to be a suitable method
for providing cold drinking water during hot weather.

8. Latrines and urinals (Section 19)42

• All factories should have enough restrooms, and urinal accommodations of the required
types must be offered in a location that is convenient and always accessible to workers.

• Male and female employees must have separate enclosed rooms.

• These locations must be thoroughly cleaned, kept in a hygienic state, and have sufficient
lighting and ventilation.

• Sweepers must be used to maintain latrines, urinals, and washing facilities clean.

40
Id at. s.17
41
Id at. s.18
42
Id at. s.19
 9. Spittoons (Section 20)43

• All factories must have spittoons in easily accessible locations, and they must be kept
clean and hygienic.

• The state government specifies the number of spittoons that must be given, their
placement in any factory, as well as their maintenance in a clean and hygienic manner.

• Except for spittoons designed, for this reason, no one should spit within the premises of a
factory. A notice must be posted if any violations occur, with a fine of five rupees.44

❖ Safety

Safety is covered in Chapter IV of the Act and is covered in Sections 21–41 of the Factories
Act, 1948.

1. Employment of young persons on dangerous machines (Section 23)45:

No young person is permitted to operate dangerous machines unless he has been adequately
taught the hazards associated with the machine and the measures to be taken, and has
received suitable training in working at the machine or adequate supervision by a person
who has complete knowledge and experience of the equipment.

2. Prohibition of employment of women and children near cotton openers (Section 27) 46:

Women and children are not permitted to work in any area of a cotton pressing
facility while a cotton opener is in operation. Women and children may be employed on the
side of the partition where the feed-end is located if the inspector so specifies.

3. Hoists and lifts (Section 28)47:

• Every hoist and lift must be of strong mechanical structure, enough strength, and sound
material. They also need to be regularly maintained, completely checked by a qualified
person at least once every six months, and a register kept for the mandatory exams.
• A cage that is properly designed and installed must enclose all hoist and lift ways to prevent
people from being trapped between any of the equipment.

43
Id at. s.20
44
Agarwala (2004). From ‗Work to Welfare: The State and Informal Workers „Organizations in India. American
Political Science Association Annual Meeting, Chicago, Illinois
45
Id at. s.23
46
Id at. s.27
47
Id at. s.28
 • No larger load should be carried; the maximum safe operating load must be marked on the
hoist or lift.
• Every hoist or lift gate must have interlocking or another effective system installed to prevent
the gate from opening except during landing.
4. Protection of eyes (Section 35)48:

The state government may require effective screens or appropriate goggles to be provided for
the protection of persons employed or in the vicinity of the process during any manufacturing
process carried out in any factory that involves risk to the eyes due to exposure to excessive
light or injury to the eyes from particles or fragments thrown off during the process.

5. Precautions against dangerous fumes, gases etc (Section 36)49:

No person shall be required or permitted to enter any chamber, tank, vat, pit, pipe, flue, or
other confined space in any factory where any gas, fume, vapour, or dust is present to such a
degree as to involve risk to persons being overcome, unless such chamber, tank, vat, pit, pipe,
flue, or other confined space is provided with an adequate manhole or other effective means
of egress.

6. Explosive or inflammable dust, gas etc (Section 37)50:

• Any factory involved in manufacturing processes that produce dust, gas, fume, or
vapour of a nature that could explode on ignition must take all reasonably practicable
precautions to prevent any explosion through
• The effective enclosure of the plant or machinery.
• The removal or prevention of the accumulation of such dust, gas, fume, or vapour,
etc., or
• Otherwise by the exclusion or effective enclosure of all potential ignition sources.
7. Precautions in case of fire (Section 38)51:

In order to protect and maintain safety to allow people to escape in the case of fire, all
factories should have precautionary measures in place to avoid the breakout and spread of
fire, both internally and externally. The required tools and facilities for extinguishing the
fire must also be made accessible.

48
Id at. s.35
49
Id at. s.36
50
Id at. s.37
51
Id at. s.38
 All factory employees who are familiar with fire escape routes and have received
sufficient training on the procedure to be followed in such circumstances must have access
to appropriate measures.52

VIII. PENALTIES OF THE FACTORIES ACT, 1948

In Chapter X of the Act, the penalties of the Factories Act of 1948 are covered. There are
9 Sections, from Section 92 to Section 99, that deal with penalties in certain situations.
Anyone who breaches the Act or the rules established by the Act or by law is subjected to
the penalty.

❖ General Penalty for offences

Section 9253 of the Factories Act, 1948 defines the general penalties for offences:

• If there is any infringement of the Act’s laws, the occupier and manager of the factory will be
held responsible and equally liable for breaching the law. They will both face two years in
imprisonment and a fine of up to Rs.2 lakhs.

• If they continue to commit the same offence, they will be fined Rs.10,000 every day for
continued violations.

❖ Liability of an owner of factory premises

Section 93 54of the Factories Act, 1948 defines the liability of an owner of premises under
special circumstances.

• When a factory is leased to several occupiers or lessees or leaseholders, the factory’s owner
is still held liable for supplying and maintaining certain services such as drainage, approach
roads, water supply, power, lighting, sanitation, and so on.

• The chief inspector has the authority to issue an order to the owner of the premises in order to
enforce the requirements.

52
The committee on labour welfare (C. L. W.), “Concept and scope of Labour welfare”, Ministry, Employment
& Rehabilitation”, New Delhi. (1969).
53
Id at. s.92
54
Id at. s.93
 ❖ The penalty is enhanced even after a previous conviction

Section 94 55of the Factories Act, 1948 defines a penalty that is enhanced even after a
previous conviction.

• First, a person who commits a general offence in a factory and does it again faces a penalty of
up to three years in jail or a fine of at least Rs. 10,000, or both.

• Second, the managers must count the offences committed during the previous two years of the
most recent offence to determine the application of this Section.

❖ The penalty for obstructing an inspector

Section 95 56of the Factories Act, 1948 defines a penalty for obstructing an inspector.

• Any person who stops an inspector from using any powers given to him or under the Act, or
if an individual fails to appear when requested by an inspector, may be made responsible and
subject to a punishment of up to six months imprisonment, a fine of up to ten thousand
rupees, or both.

• This Section is also applicable when anyone stops a worker from coming before or being
inspected by an inspector in a factory.

❖ Penalty for wrongfully disclosing results of analysis

Section 9657 of the Factories Act, 1948 defines a penalty for wrongfully disclosing the results
of analysis under Section 9158 of the Factories Act, 1948.

• Any individual who publishes or discloses to another person the results of an analysis that is
performed using samples is punishable by up to six months imprisonment. He will be liable
for at least an Rs. 10,000 fine.

55
Id at. s.94
56
Id at. s.95
57
Id at. s.96
58
Id at. s.91
 ❖ Penalty for the contravention of certain provisions

Section 96A59 of the Factories Act, 1948 defines the penalty for the contravention of certain
provisions, such as Sections 41B, 41C, and 41H.

• Anyone who disobeys or violates any of the rules or the provisions of Sections 41B, 41C, or
41H will be sentenced to 7 years in prison and a fine of Rs. 2,00,000. If the offender
continues to commit the same offence, he will also be fined Rs. 5,000 every day after the
conviction of the same offence.

• If the failure or violation persists more than a year after the conviction, the offender will
face a 10-year jail sentence.

❖ Worker’s offences

Section 9760 of the Factories Act, 1948 defines worker’s offences.

• If any worker in the factory breaches the Act’s rules or provisions, causing liabilities for other
workers, he or she will be fined at least Rs. 500.

• When a worker is found guilty of a punishable offence, the owner or manager of the factory
is not held responsible for the violation unless it can be proven that he failed to take
reasonable precautions to prevent it.

❖ False certificate of fitness

Section 9861 of the Factories Act, 1948 defines a false certificate of fitness.

• A fitness certificate details a person’s level of fitness for a certain job or work. This certificate is
important in factories. A person who obtains a false certificate of fitness faces a minimum fine of
Rs. 10,000 or a 2-month sentence in jail. He may occasionally face fines and jail terms as
punishment.

59
Id at. s.96A
60
Id at. s.97
61
Id at. s.98
❖ Double Employment of Child

Section 9962 of the Factories Act, 1948 defines the double employment of children.

• If a child works in a factory on a day when they have already worked in another factory, their
parents, guardians, or anyone else who benefits from the wages of the child faces a fine of Rs.
1000 unless the court finds that the child worked without the parents or guardian’s consent.

Offence Penalties

Any worker in a factory who contravenes the Section 92 penalises him/her for 2 years of
provisions of the Act or Rules. imprisonment or a fine of Rs.1,00,000 or both.

Section 92 penalises him/her with a fine of

A continuation of contravention.
Rs.1000 per day.

On contravention of Chapter IV pertaining to Not less than Rs.25,000 in case of death.Not

safety or dangerous operations. less than Rs.5,000 in case of serious injuries.

Section 94 deals with imprisonment up to 3

Subsequent contravention of some provisions. years or a fine of not less than Rs.10,000
which may extend to Rs.2,00,000.

Section 95 deals with imprisonment up to 6

Obstructing inspectors
months or a fine up to Rs.10,000 or both.

Wrongful disclosing results pertaining to the Section 96 deals with imprisonment of 6

results of the analysis. months or a fine of up to Rs.10,000 or both.

For contravention of the provisions of Sections Section 96A deals with penalties of-
41B, 41C and 41H pertaining to compulsory Imprisonment up to 7 years with a fine up to
disclosure of information by occupier, specific Rs.2,00,000 and on continuation fine of
responsibility of occupier or right of workers Rs.4000 per day. Imprisonment for 10 years
to work imminent danger. when contravention continues for one year.

62
Id at. s.99
 IX. DUTIES OF VARIOUS AUTHORITIES UNDER THE FACTORIES ACT

❖ Duties of occupier

Notice given by occupier (Section 7)

• According to Section 763 of the Act, the occupier is required to send notice to the chief
inspector of everything that is stated in this Section.

• According to Section 7(1),64 the occupier must give the chief inspector a written notice at
least fifteen days before occupying or using any factory premises.

• The notice should include the following information:

o the name and location of the factory;

o the occupier’s name and address;

o the owner’s name and address of the property or building (including its establishments)
mentioned in Section 93; and

o the address to which communications pertaining to the factory may be sent;

o the nature of the manufacturing process-

▪ carried out in the factory over the last 12 months in the case of factories that exist on the
date of the Act’s commencement;

▪ carried out in the factory during the next 12 months in the case of all factories;
o the name of the factory manager for the purposes of this Act;

o the number of workers who are presently employed there and have already been employed
in the factory from the date this Act was enacted;

o the average number of workers per day employed over the previous 12 months;
• When a new manager is appointed, the occupier must give written notice to the inspector
and a copy to the chief inspector within seven days of the day, such person takes over in
charge.

63
Id at. s.7
64
Id at. s.7(1)
• During any period when no one has been appointed as manager in the factory or when the
appointed person is not managing the factory, or if no one is found, the occupier must be the
factory’s manager.

General duties of the occupier (Section 7A)65

• Every occupier is responsible for the welfare, health, and safety of every worker while
they are in the factory.

• He is responsible for ensuring that the factory’s equipment is maintained in a way that is
safe and poses no health hazards.

• When utilising, handling, storing, and transporting items and chemicals, the factory’s
arrangement needs to be examined to ensure safety and the absence of health dangers.

• In order to ensure the health and safety of all employees while they are at work, he must
examine the information, teaching, training, and monitoring requirements.

• He is responsible for inspecting or supervising the maintenance of a working environment

that is secure, free from health risks, and equipped with the necessary facilities and
arrangements to ensure the welfare of the employees while they are at work.

• He is required to inspect the maintenance of all work areas in the factory in a manner that
is secure and free from any danger to health, as well as the maintenance of methods of
access and egress; such locations must be safe and free from such risks.

X. DUTIES OF MANUFACTURERS

General duties of manufacturers (Section 7B)66

• This Section states that anyone who deals with designing, manufacturing, importing, or
supplying any article to use in any factory must make sure, to the extent that it is
reasonably practicable, that the article is constructed so that it is safe and without risks to
the health of all workers when used properly;

65
Id at. s.7A
66
Id at. s.7B
 • He must also carry out and arrange for tests and examinations to ensure effective
implementation;

• He must take action to guarantee that there is sufficient information regarding the
product’s usage in factories, the uses for which it was intended and tested, and the
requirements that must be met to ensure that the article is used in a way that is safe and
does not endanger the health of the employees;

• It must be provided that when an article is developed or made outside India, the importer
must inspect the article to ensure that it conforms to the same standards as if it were
manufactured in India, or if the standards set in the country outside for the production of
such article are higher than the standards adopted in India, the article must conform to
much higher requirements.

• Anyone who designs or produces a product for use in a factory is allowed to do, or arrange
for the conduct of, any required research in order to determine to the extent that is
reasonably possible, the removal or minimization of any hazards to the health or safety of
the employees.

• An article that is mentioned in this provision includes plant and machinery.

XI. CASE LAWS

1. Shankar Balaji Waje v. State of Maharashtra, (1961)67

• Facts of the case

In this case, the appellant was the proprietor of a business that produced bidis. In the factory,
the petitioner and the other workers used tobacco and leave provided by the factory to roll
bidis. There was no agreement or contract between the owner and the petitioner. He was not
required to work in the factory for specific hours or days. He could enter or leave the factory
as he wished. He is allowed to take a day off work at any time, and with the owner’s consent,
he is also allowed to take a 10-day leave of absence. He wasn’t asked to roll bidis in the
factory, but with the owner’s permission, he may take them home to roll bidis that were given

67 1962 AIR 517

 to him. There was neither actual supervision of the work he did in the factory nor a master-
servant relationship between the petitioner and the appellant. There was no minimum
production requirement, and he received fixed rates based on the number of bidis, or piece
prices for rolling bidis.

• Issues involved

The issue involved was whether the petitioner complied with the definition of a worker under
the Factories Act of 1948 or not.

• Judgement of the case

In accordance with Section 2(l) of the Factories Act of 1948, the petitioner is not a worker.

2. Shri Suresh Kumar Jalan & Ors v. State of Bihar, (2011)68

• Facts of the case

In this case, the petitioners were the directors of a factory called Carbon Resources Private
Limited, where a factory inspector investigated the premises and discovered numerous
violations of the Factory Act. The inspector filed a prosecution report against the petitioners,
who were factory directors. Under Section 92 of the Factories Act, the Chief Judicial
Magistrate took charge of the offence. The petitioners filed an appeal with the High Court of
Patna to quash the order of the Chief Judicial Magistrate.

• Issues involved

The issue involved was whether the petitioner’s appeal with the High Court of Patna to quash
the Chief Judicial Magistrate’s judgement under Section 92 of the Factories Act had merit or
not.

68
(2011) 131 FLR 979
 • Judgement of the case

The petitioner’s counsel was providing evidence to show that, according to Section 92 of the
Factories Act, only the manager or occupier can be held responsible for violations committed
in the factory. However, based on the judgement rendered by the Chief Judicial Magistrate,
directors of the factory cannot be penalised under Section 92 of the Factories Act. The Chief
Judicial Magistrate’s order was quashed by the High Court of Patna because directors cannot
be penalised under Section 92 of the Act. It was noted from this case that directors cannot be
held responsible for the Act’s violations; only the manager or occupier is responsible.

3. P.Trivikrama Prasad v. The State of AP by its Assistant Inspector of Factories, (2016)69

• Facts of the case

In this case, the deputy chief inspector of factories filed a private complaint against the
petitioner for violations of Section 32(a) and Section 41 of the Factories Act, which are
punishable under Section 92 of the Act. The petitioner failed to provide D-rings to the cane
trally side plate to support the employees as they would safely get down from the trolley once
the crane loading was complete. They also failed to provide ladders and helmets, which
resulted in some unskilled workers getting hit while working and causing them to die. Since
no helmet, d-rings, or ladders were provided, the occupier/managing director of the entity or
the manager (i.e., the petitioner) was made responsible. Then the petitioner filed a criminal
petition against the factory inspector.

• Issues involved

The issue involved was whether the criminal petition filed against the accused would be
rejected or allowed to proceed.

• Judgement of the case

The Hyderabad High Court held that the occupier or managing director (petitioner), who
neglects to provide d-rings, ladders, and helmets to the employees for their safety and fails to
teach them during hazardous times, is at fault. Therefore, the criminal petition brought

69
(2016) 13 SCC 30
 against the respondent is dismissed and quashed. As a result, the petitioner is responsible for
his ignorance and failure to maintain the factory properly.

XII. NEW AMENDMENTS OF FACTORIES ACT

❖ Amendment (1954)

When the Indian government accepted the ILO conventions prohibiting the employment of
women and children in factories at night. Sections 66, 70, and 71 of the Factories Act of 1948
were amended in order to indicate this ratification. The other provisions were amended at the
same time. Therefore, on December 25, 1954, the Factories (Amendment) Act, 1954 became
effective and made the following significant changes:

• Amendment to Section 4.

• The amendment to the definition of the manufacturing process includes type composing
for printing.

• Women and young people were prohibited from cleaning, lubricating, and operating
motion machinery.

• Encasement of machinery.

• The safety criteria for lifting equipment were explicitly stated in an amendment to Section
29.

• The employees may work for 6 straight hours without being required to take a rest during
a 6-hour shift.

• Shift workers are free from overtime duties if a shift worker arrives late.

• Amending Chapter VIII on leave with pay to fix 240 days of attendance and increase the
limit on carried forward leaves, etc.

• Section 93 has been rewritten to explain the responsibilities of the owner and occupier.
❖ Amendment (1976)

After the amendments of 1948 and 1954, there was a continuation of industrial growth and a
need for safety officers to advise management on concerns about industrial safety and health.
The Factories (Amendment) Act 1976 was passed and came into effect on October 26, 1976,
as a result of numerous judgments concerning the definition of a worker; a tendency to not
include contract labour from that definition but there must be proof of master and servant
relationship; and a need for amendments to many other provisions, including the penal
Section.

• The definition was amended to the terms manufacturing process, employee, factory, and
occupier. The term “worker” also covered contract labour.

• There must be an approved plan and permission for the site.

• There are amendments to the following provisions:

o Section 8 deals with inspectors.

o Section 10 deals with certifying surgeons.

o Section 11 deals with cleanliness.

o Section 12 deals with the disposal of waste and effluents.

o Section 21 deals with the fencing of machinery.

o Section 22 deals with work on or near machinery in motion.

o Section 24 deals with striking gear and devices for cutting off power.

o Section 31 deals with pressure plants.

o Section 32 deals with floors, stairs, and means of access.

o Section 36 deals with precautions against dangerous fumes.

o Section 38 deals with precautions in case of fire.

o Section 39 deals with specifications of defective parts.

o Section 40 deals with the safety of buildings and machinery.

o Section 45 deals with first aid devices.

 o Section 48 deals with creches.

o Section 56 deals with spread over.

o Section 59 deals with overtime wages.

o Section 73 deals with the register of child workers.

o Section 79 deals with taking leave with wages.

o Section 87 deals with dangerous operations.

o Section 88 deals with notices of accidents.

o Section 92 deals with penalties for offences.

o Section 101 deals with the determination of the occupier in certain cases.

o Section 106 deals with the limitation of prosecutions and various other amendments etc.
• Section 36A for the use of portable power lights, Section 40B for safety officials, Section
88A involves the notice of dangerous occurrences, and Section 91A regarding safety and
health surveys were included as new provisions in this Amendment of 1976.

•A new Section 40A was added, giving the authority to order the implementation of
measures recommended by the Inspector for building maintenance, while Section 40B
required the requirement of safety officers for firms employing 1000 or more workers.

❖ Amendment (1987)

The Bhopal accident increased safety awareness on a worldwide level and compelled
governments to impose stricter regulations on worker and public health and safety. As a
result, both the central government and the state governments amended their laws and
regulations as needed. On May 23, 1987, two new laws were passed: the Environment
(Protection) Act of 1986 and the Factories (Amendment) Act of 1987. These laws included a
new chapter IV A on hazardous procedures, numerous restrictions, and harsh fines and
imprisonments for violations.
XIII. REGISTERS REQUIRED TO BE MAINTAINED UNDER THE
FACTORIES ACT, 1948

Form 6 Register of hygrometre (Humidity register)

Form 7 Register of white-washing

Form 7A Register of tight clothes provided

Form 9 Register of compensatory holidays

Form 10 Register of overtime for exempted workers

Form 12 Register of adult workers

Form 14 Register of child labour

Form 15 Register of leave with wages

Form 24 & 25 Muster Roll-9

Form 26 Register of accident & dangerous occurrence

XIV. ACTS TO BE DONE OR MAINTAINED

Form 3 Change of name of manager/ occupier as and when required

Form 2 Renewal of annual fees to reach to the prescribed office

Form 8 Report of examination of vessels

Form 11 Notice of periods of work for adult workers

Form 13 Notice of periods of work for child labour

Notice of accidents and dangerous occurrences to be submitted within 24 hours by

Form 18
registered post.

Form
Notice of accident and dangerous occurrence not resulting in bodily injury.
18A

Form 19 Notice of accident and dangerous occurrence (poisoning or disease)

Form 21 Annual return ending 31st December

Form 22 Half-yearly return by 30th June.

Form 31 Accident annual return by 1st week of February-Rule 107(4)

Form 34 Monthly return only for hazardous happenings

Form 37 Report of the hoist of lifts

XV. CONCLUSION

The provisions of the Factories Act, 1948, reveals its pivotal role in shaping labor legislation
and improving working conditions in India's industrial landscape. Enacted against the
backdrop of rapid industrialization and the need to address longstanding issues of worker
exploitation and unsafe working environments, the Act represents a significant milestone in
ensuring the health, safety, and welfare of factory workers.

Through its detailed provisions on working hours, child labor, safety measures, and leave
entitlements, the Act aims to strike a balance between industrial productivity and worker
protection. It reflects a collaborative effort between government, employers, and workers to
establish fair and equitable standards for the nation's workforce.

Furthermore, subsequent amendments and updates to the Act demonstrate its adaptability to
evolving industrial practices and emerging challenges. As India continues to progress
economically, the Factories Act, 1948, remains a cornerstone of labor legislation, embodying
the nation's commitment to upholding the rights and well-being of its workers.

In essence, the Factories Act, 1948, stands as a testament to India's ongoing journey towards
ensuring social justice, equitable labor practices, and sustainable industrial development. Its
provisions serve as a cornerstone for promoting a culture of safety, dignity, and respect within
the nation's factories, laying the foundation for a more inclusive and prosperous future for all.