UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH

PROJECT REPORT on the topic

Health and Safety provisions under The Factories Act, 1948

Submitted as per curriculum of B.Com. LLB (Hons.) in the subject of

Labour Laws and International Labour Organization

SUBMITTED TO: SUBMITTED BY:

Ms. Meena Charu Lata

Roll no. 204/20
Bcom llb hons.

1
 ACKNOWLEDGEMENT

Presentation, inspiration and motivation have always played a key role in the success of any
venture. It is my proud privilege to release the feelings of my gratitude to several persons who
helped me directly or indirectly to make this project.

First of all, I would like to thank Almighty God for showering his immense blessings on me. I
pay my deep sense of gratitude to our professor, Ms. Meena, University Institute of Legal
Studies, Panjab university, Chandigarh for encouraging me to the highest peak and providing me
opportunity to prepare project on the topic:

Health and Safety provisions under The Factories Act, 1948

I owe my regards to the entire family of Department of Legal Studies from where I am learning
the basics of law and whose informal support, intellectual discussions helped me in the entire
duration of work.

Charu lata

2
 CONTENTS

S.no. Particulars Page no.

1. Introduction 4

2. Objective and applicability 5

3. Health related provisions ( Section 11 – 20) 6 – 10

4. Safety related provisions ( Section 21 – 41 ) 11 – 17

5. Legal framework 18 – 19

6. Conclusion 20

7. Reference 21

3
INTRODUCTION
In general terms ‘Factory’ is a building or buildings where people use machines to produce
goods. But whenever a thing becomes extremely complex and important, general terms are no
longer valid.

There has been rise of large scale factory/ industry in India in the latter half of nineteenth
century. Major Moore, Inspector-in-Chief of the Bombay Cotton Department, in his Report in
1872-73 first of all raised the question for the provision of legislation to regulate the working
condition in factories the first Factories act was enacted in 1881.

Since then the act has been amended on many occasions. The Factories Act 1934 was passed
replacing all the previous legislation in regard to factories. This act was drafted in the light of the
recommendations of the Royal Commission on Labour. This Act has also been amended suitably
from time to time.

The first Act which is made for labourers working in factories is the Factories Act, 1934 but
there are various defects and weaknesses. Due to defect and weakness, these provisions are not
working properly and there is a need to bring changes in the provision to the effective
implementation of the provision.

After that amendment Factories Act, 1948 came into force. The Factories Act, 1948 is “an act
to consolidate and amend the law regulating labour in factories”.
In previous Act provisions related to welfare, health, and safety were not so good but in this Act
the main focus of makers is to provide a healthy and safe life of workers. If we see the definition
of a factory is not that much wider. But to protect the labours we made this Act in a wider sense.
The provision of welfare, health, and safety is not adequate in various industries and does not
cover the large numbers of workers working in a factory. If the workers are working in a factory
then it was the duty of every employer to take the health and safety of workers. The number of
industries in a country is increasing speedily so that there is a need for a proper provision related
to health and safety-related. The inspector has a great responsibility to check that there is a
proper implementation of health and safety provision or not. Various factories do not provide an
adequate working condition of workers which causes several diseases to workers and this will
also create a danger to the working class of a factory. Safety and health are very important for
workers. Employers have to do their duty not to see the chance to escape their duty.

4
OBJECTIVES
The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is essentially,

 to safeguard the interests of workers, stop their exploitation and take care of the
provisions relating to their health, safety and welfare
 to understand the provisions relating to working hours, holidays and leave.
 to develop an understanding about the special provisions for women and young persons.
 to prevent haphazard growth of factories through the provisions related to the approval of
plans before the creation of a factory.

It casts various obligations, duties and responsibilities on the occupier of a factory and also on
the factory manager.

APPLICABILITY
 At any place where in manufacturing process is carried on with or without the aid of
power
 It applies to all factories employing more than 10 people and working with the aid of
power or employing 20 people and working without the aid of power.
 The Factories Act extends to whole of India including Jammu & Kashmir and is
applicable to all 'factories' including government factories.

Factory however does not include a mine covered under the mines Act, 1952, a mobile unit of
the armed forces, a railway shed or a hotel, restaurant or eating place.

DEFINITION OF FACTORY
According to Sec 2(m), “factory” means any premises including the precincts thereof—

i. Where on ten or more workers are working or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on with
the aid of power, or is ordinarily so carried on, or
ii. whereon twenty or more workers are working or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being
carried on without the aid of power, or is ordinarily so carried on-
iii. but does not include a mine subject to the operation of [the Mines Act, 1952 (35 of 1952)
], or [a mobile unit belonging to the armed forces of the Union, a railway running shed or
a hotel, restaurant or eating place].

5
HEALTH RELATED PROVISIONS
The Factories Act 1948 includes provisions related to health standards in factories to protect
workers from occupational health hazards and ensure a healthy work environment. Health
provisions may include requirements for ventilation, temperature control, dust control, fume
extraction, prevention of occupational diseases, medical examination of workers, provision of
first aid facilities, and maintenance of health records to monitor and safeguard the health of
workers in industrial establishments.

Section 11: Cleanliness

Every factory must be free and clean from effluvia which arises from the drain, privy or other
nuisance. There is also a need to remember certain things like-.

 Passage, floor, staircases clean regularly and the benches of the workroom were also
made clean. All accumulation of dirt must be clean by sweeping or to adopt any other
method as well. All dirt must be disposed of in a prescribed manner.
 Once a week the floor must be cleaned by some disinfectant or use any other effective
method.
 The manufacturing process is like that which wet the floor then the drainage system must
be adopted to dry it or certain other methods were also used to clean it.

There are certain other provisions regarding walls, partition, top of a room or ceiling. All sides of
walls, passages, and staircases shall be-

 The walls must be repainted or if they are painted with washable paint then do that in
once a five year.
 The walls are one a coat every three years and if they are washable then wash the wall
every six months.
 If they are smooth enough then clean the walls every fourteen-months as the method
prescribes.
 If the wall is painted with whitewash or color wash then for cleaning do that whitewash
and color wash every fourteen months.
 All doors painting and if they are made for wood then varnishing must be done at least
every five years.
 The date is also registered in which the process of painting, washing, varnishing, and
cleaning is done.

The occupier is not able sometimes to follow all the above provisions so the state government
wants to exempt any factory, class of factory or description of the factory. But also provide the
alternative method to clean the factory.

6
Power of State Government to exempt: If the State Government finds that a particular factory
cannot comply with the above requirements due to its nature of manufacturing process, it may
exempt the factory from the compliance of these provisions and suggest some alternative method
for keeping the factory clean.

The Tribunal in NFT India Pvt. Ltd v. CCE, Delhi-III1 was dealing with the issue whether
housekeeping services would qualify as input service. The Tribunal observed as under:-

“As regards the housekeeping services, the same undisputedly has been used for keeping the
factory premises neat and clean which is a statutory requirement of Section 11 of the Factories
Act, 1948. In view of this, the service have to be treated as services used by the manufacturer in
or in relation to the manufacture of final product as without compliance with the provisions of
the Factories Act, manufacturing operations are not possible. In view of this, we hold that
housekeeping service is also eligible for Cenvat credit during the period of dispute.”

Section 12: Disposal of Wastes and Effluents

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. Such arrangements should be in accordance with the rules, if
any, laid down by the State Government. If the State Government has not laid down any rules in
this respect, arrangements made by the occupier should be approved by the prescribed authority,
if required by the State Government.

In Narendra Lal v State of U.P2, It was held that even in a case where the plans for the
arrangements of disposal of wastes and effluents submitted by a factory are pending for approval
with the Effluent Board and it is found that the factory has made no effective arrangement for the
treatment of the wastes and effluents, as provided in sub-s.(1) of S.12, the occupier and the
manager, can be prosecuted for the breach of the provision of law.

Section 13: Ventilation and temperature

To maintain proper ventilation and temperature-

 Infrastructure made just like that fresh air comes and dust air is removed automatically.
 That method is adopted by the factory so that the temperature is maintained.
 The state government provides different temperatures for a different industry. The
temperature must not increase to that level.
 If the chief inspector sees that temperature is high in the factory then the chief inspector
has given notice to the occupier to maintain the temperature and adopt certain measures
for that.

1
AIR 1965 Bom 87
2
1979 SCC OnLine All 876: (1981) 2 LNN 368 (All)

7
Section 14: Dust and Fume
There are certain manufacturing processes like chemical, textile or jute, etc., which generates lot
of dust, fume or other impurities. It is injurious to the health of workers employed in such
manufacturing process. Effective measures should be taken to prevent the inhalation and
accumulation of dust, fumes etc., in the work-rooms.

 Wherever necessary, an exhaust appliance should be fitted, as far as possible, to the point
of origin of dust fumes or other impurities. Such point shall also be enclosed as far as
possible.
 In stationery internal combustion engine, exhaust should be connected into the open air.
 In cases of other internal combustion engine, effective measures should be taken to
prevent the accumulation of fumes there from.

It may be pointed that the evidence of actual injury to health is not necessary. If the dust or fume
by reason of manufacturing process is given off in such quantity that it is injurious or offensive
to the health of the workers employed therein, the offence is committed under this Section. The
offence committed is a continuing offence. If it is an offence on a particular date is does not
cease to be an offence on the next day and so on until the deficiency is rectified.

Section 15: Artificial humidification

Humidity means the presence of moisture in the air. In certain industries like cotton, textile,
cigarette, etc., higher degree of humidity is required for carrying out the manufacturing process.
For this purpose, humidity of the air is artificially increased. This increase or decrease in
humidity adversely affects the health of workers. In respect of all factories in which the humidity
of the air is artificially increased, the State Government may make rules-

a. prescribing standards of humidification;

b. regulating the methods used for artificially increasing the humidity of the air;
c. directing prescribed tests for determining the humidity of the air to be correctly carried
out and recorded;
d. 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 be
effectively purified before it is so used. If it appears to an Inspector that the water used in a
factory for increasing humidity which is required to be effectively purified is not effectively
purified, he may serve on the manager of the factory an order in writing, specifying the measures
which in his opinion would be adopted, and requiring them to be carried out before specified
date.

8
Section 16: Overcrowding
No workroom of the factory is overcrowded because it was injurious to the health of workers. If
a factory is established before the commencement of this Act then the distance between workers
is 9.9 cubic meters, but if a factory is established after the commencement of this Act then the
distance between two workers is 14.2 cubic meters. The floor of the room is high at 4.2 meters.

If the chief inspector notifies how many workers are working in a workroom then-employer
follows the order of the chief inspector. The chief inspector has given notice in writing to exempt
that part then the exemption is provided if the chief inspector is satisfied there is no issue related
to workmen working in less distance.

Section 17: Lighting

Section 17 made it mandatory to provide and maintain sufficient and suitable lighting, natural or
artificial, or both in every part of a factory where workers are working or passing.

In every factory all glazed windows and skylights used for the lighting of the workroom shall be
kept clean on both the inner and outer surfaces and so far as compliance with the provisions of
any rules made under section 13 will allow, free from obstruction. In every factory effective
provision shall, so far as is practicable, be made for the prevention of-

(a) glare, either directly from a source of light or by reflection from a smooth or polished
surface;
(b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to
any worker.The State Government may prescribe standards of sufficient and suitable
lighting for factories or for any class or description of factories or for any manufacturing
process.

Section 18: Drinking Water

To provide proper facilities for drinking water. Drinking water is a must condition. In writing it
was mentioned that drinking water is provided here and this was written in that language which
is used by the majority of the workers. It was on that font size visible to all the workers. Drinking
water distance 6m form other washing places like latrine and urinal facility, drainage, spittoon.
The state government has the power to shorten the distance. In a factory more than 25o workers
are working then according to whether drinking water is provided in summer cold drinking water
is provided to the workers.

Shyam Sundar v. The State of Rajasthan (2000) This case dealt with workers exposed to
hazardous substances in a factory, leading to health hazards such as respiratory issues and skin
diseases. The Supreme Court ruled that factory owners must provide protective equipment and
ensure a safe working environment. It was emphasized that exposure to harmful dust and fumes
could severely affect workers’ health, and the Factories Act mandates employers to implement

9
effective measures to minimize health hazards in the workplace. The case also stressed the
importance of ensuring that medical facilities and welfare measures are provided as per the Act.

Section 19: Latrines and urinals

It is a general facility of latrines and urinals. This facility is provided to workers.

 For males and females, different facilities of latrines and urinals are provided in a factory.
 In latrines and urinals proper facility of light and ventilation is provided.
 Cleaning and sanitary properly maintained in latrines and urinals.
 The sweeper is hired by an employer whose duty is to clean the place of latrine and urine
regularly.
 If any factory where more than 250 workers are working then a certain facility is
provided to the employees of the worker.
 The internal walls of the floor of the urinal and latrine are nine centimeters. If the
partition is used between the washroom of male and female then the partition must have
glazed tiles. The smooth polished surface is used in latrine and urinals.
 The state government prescribes the number of urinals and latrines in a factory. The
employer’s duty to maintain sanitary conditions in the factory and also take care of the
health of workers.

Section 20: Spittoons

According to the section, there shall be provided, in every factory, a sufficient number of
spittoons in convenient places and they shall be maintained in a clean and hygienic condition.

The State Government may make rules prescribing the type and the number of spittoons to be
provided and their location in any factory and provide for such further matters relating to their
maintenance in a clean and hygienic condition.
A notice containing the provision shall be prominently displayed at suitable places in the
premises that no person shall spit within the premises of a factory except in the Spittoons
provided for the purpose. The notice shall also stipulates the penalty for its violation which shall
exceeding five rupees.

Case Fertility Limited v. Union of India, 19973There is a factory in Bihar where all facilities of
spittoons are provided but workers avoid it and not use that spittoon. Workers spit anywhere due
to which factory area is destroyed. The manager of the factory imposes fifty rupees fine which
may extend to 3000 rupees. The workers of the factory file a case against the factory. Court
passed the order and stated that the factory was not that much of a fine. Fine is imposed
according to the provision of section 20 which is rupees five.

3
AIR 1978 SC 72

10
SAFETY- RELATED PROVISIONS
Section 21 to 41 of Chapter III of the Factories Act, 1948 contained the safety provisions of
factories act act 1948 of the workers. These provisions are made to provide the safe working
environment in the factories to the workers. Safety is the basic and primary requirement and
these provisions are incorporated in the act to ensure safety of workers against accidents and
hazardous jobs. The details of the provisions are as follows:

Section 21: Fencing Of Machinery

There is compulsion on the part of occupier of the factory to ensure the proper fencing of
machinery with the best method. No occupier can avoid this liability on account of any financial
or mechanical reasons. The following machinery must be securely fenced by safeguards of
substantial construction:
(a) every moving part of the prime mover and every flywheel connected to a prime mover.
(b) the headrace and tailrace of every water-wheel and water turbine.
(c) any part of a stock bar which projects beyond the headstock of a lathe.
(d) every part of electric generator, motor or rotary convertor.
(e) every part of transmission machinery.
(f) every dangerous part of any other machinery.

The state government may also prescribe by rules such further precautions in respect of any
particular machinery or its part for securing the safety of the workers.

Ramlal v. Union of India (1983), This case involved a factory worker who was injured due
to unsafe working conditions in the factory, leading to a claim for compensation and safety
violations. Safety-related Provisions Addressed: Section 7 (Safety Provisions), Section 11
(Cleanliness), Section 21 (Safety Officers). The Court ruled that it was the duty of factory
owners to ensure the safety of their workers by adhering to the safety provisions under the
Factories Act. The Court highlighted the employer's responsibility to eliminate dangerous
machinery, provide protective equipment, and maintain safety at all stages of work. The case
underscored the importance of appointing safety officers and implementing safety measures
within the factory premises to prevent accidents.

Section 22: Work on or near Machinery in Motion

This provision requires that the machinery shall be lubricated or examined while in motion only
by the trained worker. The workers should be adult and his name should be mentioned in the
registers of the factory to do the same work. He can do so only after wearing proper tight clothes
supplied to him by the occupier of the factory.
Such worker shall not handle the belt at a moving pulley unless:

 The belt is not more than 15 centimeters in the width.

11
  The pulley is normally for the purpose of drive and merely a fly-wheel or balance wheel.
 The belt joint is either laced or flush with the belt.
 The belt, including the joint and pulley rim are in good condition.
 There is reasonable clearance between the pulley and any fixed plant or structure.
 Secure foothold and secure handhold should be provided wherever it feels necessary.
 Any ladder in use for carrying out the work should be firmly held by the second person.
No women or young worker is allowed to clean, lubricate or adjust any part of the machinery
while it is motion if it is likely to expose her or him to risk or injury from any moving part.

Section 23: Employment of Young Person on Dangerous Machines

Section 23 applied only to the young persons. This section provides that no young person shall
work on the dangerous machines unless:

 He has been fully instructed to the dangers arising in connection with the machine and
the precautions to be observed.
 He has received sufficient training in work at the machine or he is under adequate
supervision by a person who has a thorough knowledge and experience of the machine.

The state government is empowered to prescribe the machines that are dangerous for the young
workers.

Section 24: Striking Gear and Devices for Cutting off Power
In every factory, suitable devices for cutting off power in emergencies from running machinery
shall be provided and maintained in every work room.

Also the suitable striking gear or other efficient mechanical appliances shall be provided and
maintained to work on transmission machinery.

When a device, which can inadvertently shift from ‘off’ to ‘on’ position is provided, sufficient
provision should be made to lock that device in the safe position and out of the reach of non-
authorized workers.

Section 25: Self Acting Machines

The use and installation of self acting machines within the distance of 45 centimeters from fixed
structure is not allowed. The chief inspector may allow the use of such machines if installed
before the commencement of the act along with some conditions to ensure safety.

Section 26: Casing of New Machines

After the commencement of the Factories Act, 1948, it becomes compulsory to encase the new
machinery. Any occupier who does not comply with the provision is punishable with the
imprisonment for 3 months or with a fine which may extend to Rs. 500 or both.

12
Section 27: Prohibition of Employment of Women and Children near Cotton
Opener
No women or child can be employed to work for pressing the cotton or near the cotton opener. If
the feed end and delivery end room are separated, then inspector may allow in writing the
employment of women and children.

Section 28: Hoists and Lifts

The hoists and lifts to be installed in the factory should be properly constructed and should be of
good mechanical construction, sound material and adequate strength and properly maintained. It
must be sufficiently protected by enclosures and must be fitted with gates. It must be examined
every six months by a competent person. A register containing the prescribed particulars of every
such examination shall also be kept.
The following additional requirements shall apply to hoists and lifts installed or reconstructed in
a factory after the commencement of this act:

 There shall be at least two ropes or chains separately connected with a cage and balance
weight, each capable of carrying the whole weights of the cage with its maximum load.
 Efficient devices shall be provided and maintained to support the cage in the event of
breakage of ropes, chains or attachments.
 An efficient automatic device shall be provided and maintained to prevent the cage from
over running.

No lifting machine will be considered as hoist or lift unless it has a proper cage. The state
government may grant exemption in respect of any class of lifts from the provisions mentioned
above if it thinks fit.

Section 29: Lifting Machines, Ropes, Chains And Lifting Tackles

The provisions applied to lifting machines, ropes, chains and lifting tackles are as follows:

 These shall be of good construction, sound material and adequate strength and free from
defects.
 These should be properly maintained.
 These should be thoroughly examined by a competent person at least once in a year. A
register shall be maintained containing the prescribed particulars of every such
examination.

The state government makes rules prescribing additional requirements or providing from
exemption from compliance with the above provisions where such compliance is unnecessary or
impracticable.

13
Section 30: Revolving Machinery
In every factory, where the revolving machinery is installed, the notice should be placed near to
it indicating the maximum safe working speed. 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 shall not exceed the prescribed limits.

Section 31: Pressure Plant

If in any factory any part of the plant or machinery used in a manufacturing process is operated
at a pressure, effective measures shall be taken to ensure that the safe working pressure of such
part is not exceeded. The state government may make rules providing for the examination and
testing of any pressure plant.

Section 32: Floors, Stairs And Means of Access

In every factory, safe means of access should be provided and maintained at every place where
the workers work. The floors, staircases and gangways shall be of sound construction and
properly maintained. The floor must be free from the substances that may cause the person to
slip. When any person has to work at a place which is at height exceeding two meters, he must
be provided with secure foothold and handled to ensure the safety.

Trivikrama Prasad v. The State of AP by its Assistant Inspector of Factories, (2016), In this
one, 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, di rings, or ladders
were provided, the occupier/managing director of the entity or the manager (ie, the petitioner)
was made responsible. Then the petitioner filed a criminal petition against the factory inspector,

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 against the
respondent is dumissed and quashed. As a result, the petitioner is responsible for his ignorance
and failure to maintain the factory properly

Section 33: Pits, Sumps, Openings in Floor Etc.

The pits, sumps, openings in floor must be properly covered or fenced so that it cannot be a
source of damage to any worker. Securely fencing means covering or fencing in such a way that
it ceases to be a source of danger to those who have occasion to go near there.

14
Section 34: Excessive Weights
The state government is empowered to make the maximum limit of weights to be lifted by the
adolescent workers, adult male and female workers and children to be employed in the factory.
No person is allowed to lift the weight which can be injurious to his or her health.

Section 35: Protection of Eyes

There are many factories which are involving in that kind of manufacturing process which can
cause:

 Risk of injury to the eyes from the particles or fragments thrown off in the course of the
process.
 Risk to the eyes by reason of excessive light.
In such cases, there is compulsion of using the goggles or screen while on work. The goggles are
to be provided by the occupier. Also the worker should be informed about the harm which can be
caused due to any negligence while performing the job. Also the state government is empowered
to make rules in such case.

Section 36: Protection Against Dangerous Fences

To protect against the workers from the dangerous fences, no one is allowed to enter any pit,
tank, chamber, flue or any other confined space in the factory. A worker is allowed only if:

 A certificate in writing has been given by a competent person, based on a test carried out
by himself that the space is reasonable free from dangerous gas, fumes or vapour or dust.
 Such person is wearing suitable breathing apparatus and a belt securely attached to a rope
the free end of which is held by the person outside the confined space.

The state government has the power to make rules prescribing the minimum dimension of
manhole and may also grant exemptions in particular cases.

Section 36 A: Precautions regarding the use of Portable Electric Lights

There are some provisions laid down in relation to the use of portable electric lights as this can
also harm the workers when it comes into the contact with any dangerous gas. The provisions are
as follows:

 No portable lights having voltage of more than 24 volts is allowed to be used in a tank,
chamber, pit or vat unless adequate safety devices are provided.
 If any inflammable gas is present in the confined space, then only flame proof portable
light is allowed to be used.

15
Section 37: Explosive or Inflammable Gas
The factories may carry on the production process in which there is involvement of inflammable
gas which may lead to explosion. In such cases, all practicable measures shall be taken to prevent
such explosion by:

 Effective enclosure of the plant or machinery in the process.

 Removal or prevention of accumulation of such dust, gas, fume or vapor.
 Exclusion or effective enclosure of all possible sources of ignition.
Where any part of a plant or machinery contains explosive or inflammable gas or vapor at a
pressure greater than atmospheric pressure, the part shall not be allowed to open unless

 The flow of gas or vapor must be effectively stopped.

 All practical measures must be taken to reduce the pressure to atmospheric pressure
 Where the fastening of such part has been loosened or removed, the fastening mist e
secured or securely replaced.
The state government may make rules to allow exemption if it thinks fit in this regard.

Section 38: Prevention in Case of Fire

In every factory, all practicable measures should be taken to prevent the outbreak of fire
internally as well as externally. The provisions are to maintain

 Safe means to escape for all the persons in case of fire as may be prescribed.
 The necessary equipment and facilities for extinguishing the fire.
Also all the workers of the factory must be well known to the fire extinguishers installed in the
factory and know the way to use it.
The state government is empowered to make rules in this regard.

The chief inspector is empowered to make additional rules applicable to any class of factory and
may order in writing to follow the rules.

Section 39: Power to Require Specification of Defective Parts or Tests or

Stability
In case the inspector, who examines the factory, finds that any part of factory building or
machinery is dangerous to human life, the inspector may order the occupier of the factory:

To finish, drawings, specifications and other particulars as be may be necessary to determine

whether such building, ways, machinery or plant can be used with safety.
To carry out the test in specified manner and inform the inspector of the result thereof.

16
Section 40: Safety of Buildings and Machinery
The occupier has to ensure the safety of buildings and machinery in the workers are employed.
In case there is any default, the inspector is empowered to serve the written notice to the occupier
to get the building or machinery repaired. Also the inspector can prohibit its use unless it can get
fully repaired.

Section 40 A: Maintenance of Buildings

The inspector appointed under this act has to ensure that every factory has a repaired building
which is not detrimental to health or safety to the workers. He may serve a written notice to the
occupier of the factory to get the building of factory repaired before a specified date, if he finds
any discrepancy.

Section 40 B: Safety Officers

Section 40 B requires the appointment of safety officers in every factory:

 Wherein 1000 or more workers are ordinarily employed.

 Wherein the manufacturing process carried on in the factory is of hazardous nature in the
eyes of state government.

The duties, qualifications and conditions of service of the safety officers shall be such as may be
prescribed by the state government.

Section 41: Power to Make Rules

The state government may make rules requiring the use of such further devices and measures for
safety as may be necessary.

17
LEGAL OVERVIEW
In so far as the legal implementation of the provisions of this Act is concerned, it can be seen that
the Courts have defined as well as emphasized on the rationale and significance of the above-
mentioned provisions in order to ensure the safety of workers. The Courts have focused on
various technical aspects of non-adherence to said provisions, such as hazardous substances and
so forth.

In the case of Bayer (India) Limited and others v. State of Maharashtra 4, the judges focused on
the adverse effects that can be caused by proximity and exposure to hazardous chemicalsand
substances, stating that: "It is inherent that overriding considerations of Public health and danger
to life must be issues to which top priority consideration is bestowed. Where there is a failure in
this regard, the Court will have to step in, in the exercise of the inherent powers vested in them
and strike down or prohibit any action that offends these basic tenets."

Also, the landmark case of J.K. Industries Limited Etc. v. The Chief Inspector Of Factories 5,
the history and significance of health and safety provisions with regards to amendments in the
Factories Act was traced, with the Court observing the legal timeline for the same, providing the
raison d'être as: "The provisions of the 1934 Act (erstwhile Factories Act) regarding safety,
health and welfare of workers were found to be inadequate and unsatisfactory. In view of large
and growing industrial activity in the country, an overhauling of the factories law became
necessary."

It further went on to consolidate the main purpose of the Act as: "A piece of social welfare
legislation enacted primarily with the object of protecting workmen employed in factories
against industrial and occupational hazards. It seeks not only to ensure that workers would not be
subjected to long hours of strain but also that employees should work in safe, healthy and
sanitary conditions and that adequate precautions are taken for their welfare and safety. The
stringent provisions relating to the obligations of the occupiers or managers with a view to
protect workers and to secure to them employment in conditions conducive to their health and
safety indicate the board purpose of the Act."

The same was propounded in a more emphasized manner in the case of Bhikusa Kshatriya v.
Union of India6, wherein it was stated that the Act: "Is enacted primarily with the object of
protecting workers employed in factories against industrial and occupational hazards. The Act
requires that the workers should work in healthy and sanitary conditions and for that purpose, it
provides that precautions should be taken for the safety of workers and prevention of accidents
The Factories Act undoubtedly imposes numerous restrictions upon the employers to secure the
workers' adequate safeguards for their health and physical well-being. But the imposition of

4
AIR 1995 Bom 290
5
966 (9) TMI 503
6
1963 AIR 1591

18
such restrictions is not and cannot be regarded as unreasonable in the context of the modem
outlook on industrial relations."

Further, in the case of Lanco Anpara Power Ltd v. State Of Uttar Pradesh And Ors7, it was said
clearly that the "superior purpose behind the Act had to be kept in mind and which is for the
welfare of the weaker section, i.e. workers of unorganized sector."

By means of analyzing these cases and more, one can easily justify that health and safety
provisions have been highly regarded by the judicial system as imperative and their essence has
been recognized. The primary purpose behind the enactment and amendment of these provisions
has been identified as the welfare of workers, who have been given the highest preference and
priority possibly compared to their employers, in order to protect and safeguard the rights and
interests of the workers, and make sure that their contribution to the industrial process is
privileged by way of their rights being recognized and upheld.

7
Civil Appeal No. 6223 of 2016

19
CONCLUSION
Processing plants Act works with an essential goal to secure specialists utilised in the production
lines against mechanical and word-related dangers. It looks to force upon the proprietors or the
occupiers' commitments to secure works unwarily and careless. Furthermore, to get for them
conditions helpful for their wellbeing and security from mishaps.

Having made a cursory reading of all the provisions and their containment, it can be established
that there has been quite an exhaustive coverage of situations and instances of provisions
wherein health and safety measures may be required to be taken. Whether it is with regard to
hazardous substances, heavy machinery or equipment that may cause injuries or accidents,
almost every situation has been accounted for in terms of keeping workers' welfare and safety in
mind. The Courts have further placed importance on the rationale behind the framing of these
provisions in order to make sure that their spirit is not lost.

Mainly making the employers liable for contravention to the same assures responsibility and
makes sure that there is an authority that adheres to rules and regulations. The amount of
penalties provided for is also not a negligible amount. In case the workplace environment is
unsafe and hazardous, not only will the workers be mentally, emotionally and physically affected
but also the output of production processes will be substandard at best because such
environments are not conducive to good quality work. Hence, it is in the best interests of
employers as well to adhere to the provisions. Coming to the legislation, perhaps more specific
penalties could be imposed for contravening health-related provisions as mentioned in Chapter
III of the Act, but apart from that the provisions are well-framed and thought out in elaborate
detail, in order to ensure workers health and safety to the maximum level. Hence, it can be
concluded by means of this research paper that the Factories Act, 1948 is one of the most
imperative legislation when it comes to maintaining and ensuring the health and safety standards
of workers and the elaborate way it has been framed provides for various situations to be taken
care of. The findings herein are that the Courts have placed strategic importance on the purpose
behind formulating this Act and intend for the same to be upheld since social welfare is the
cornerstone of the Indian industrial set-up and its progress.

20
REFERENCES
[1] A Critical study of Health and Provisions of the Factories Act, 1948, Vol 1, Issue 2
[2] Aryan Mohindaroo, Health and Safety Provisions for Factory Workers in India
[3] The Factories Act, 1948
[4] https://www.ourlegalworld.com/health-and-safety-provisions-under-factories-act-1948/

[5]https://www.toppr.com/guides/fundamentals-of-laws-and-ethics/the-factories-act/health-
measures-in-factories-act-1948/

21