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The Factories Act, 1948 is a significant Indian legislation that regulates labor welfare, safety, health, and working conditions in factories, ensuring protection against exploitation. It mandates provisions for health, safety, welfare, and working hours for workers, while also imposing penalties for violations. Recent proposals aim to merge this Act into the Occupational Safety, Health and Working Conditions Code, 2020 to enhance compliance and worker coverage.

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7 views

FA

The Factories Act, 1948 is a significant Indian legislation that regulates labor welfare, safety, health, and working conditions in factories, ensuring protection against exploitation. It mandates provisions for health, safety, welfare, and working hours for workers, while also imposing penalties for violations. Recent proposals aim to merge this Act into the Occupational Safety, Health and Working Conditions Code, 2020 to enhance compliance and worker coverage.

Uploaded by

yuktiag752
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Factories Act, 1948

The Factories Act, 1948 is a key piece of legislation in India aimed at regulating labor welfare, safety,
health, and working conditions in factories. Enacted post-independence, it replaced earlier versions
of the Factories Act, adapting to the growing need for structured labor welfare policies in a rapidly
industrializing India. The Act ensures that workers in factories are not exploited and are provided
with a safe and healthy work environment.

Objective and Scope

The primary objectives of the Act are:

 To ensure the health, safety, and welfare of workers.

 To regulate the working hours, leave entitlements, and employment of women and young
persons.

 To ensure proper working conditions and prevent exploitation.

The Act applies to all factories using power and employing 10 or more workers, and to those not
using power but employing 20 or more workers on any day of the preceding twelve months.

Key Definitions

 Factory: A premises where a manufacturing process is carried out with or without the aid of
power and where a certain number of workers are employed.

 Worker: A person employed directly or by an agency, with or without remuneration, in any


manufacturing process.

 Occupier: The person who has ultimate control over the affairs of the factory.

Health Provisions (Sections 11–20)

The Act mandates that factories maintain clean and hygienic conditions. Provisions include:

 Cleanliness: Regular removal of dirt and refuse, cleaning of floors and drains.

 Disposal of wastes and effluents: Adequate arrangements for effective disposal.

 Ventilation and temperature: Proper ventilation and temperature control to ensure comfort.

 Dust and fumes: Measures to prevent inhalation of harmful substances.

 Drinking water: Provision of clean and wholesome drinking water.

 Latrines and urinals: Adequate and clean sanitation facilities for both sexes.

Safety Provisions (Sections 21–41)

To ensure workplace safety, the Act includes:


 Fencing of machinery: All moving parts of machinery must be securely fenced.

 Employment of young persons on dangerous machines: Prohibited or restricted based on


age and training.

 Hoists and lifts: Regular examination and safe operation.

 Precautions against fire: Factories must have adequate fire-fighting equipment and exits.

 Safety officers: Appointment in factories with over 1000 workers.

Welfare Provisions (Sections 42–50)

Welfare provisions focus on improving the quality of life of workers:

 Washing and bathing facilities.

 Sitting arrangements for workers obliged to work standing.

 First-aid appliances and medical facilities.

 Canteens in factories with more than 250 workers.

 Shelters, rest rooms, and lunch rooms.

 Creches for children of female workers where more than 30 women are employed.

 Welfare officers in factories with more than 500 workers.

Working Hours and Employment Conditions (Sections 51–66)

The Act strictly regulates working hours to protect workers from exploitation:

 Weekly hours: Not more than 48 hours a week.

 Daily hours: Not more than 9 hours a day.

 Rest intervals: Minimum of 30 minutes rest after 5 hours of work.

 Weekly holidays: One day off each week.

 Overtime: Paid at twice the ordinary rate.

 Employment of women and young persons: Restrictions on night work and certain
hazardous operations.

Annual Leave with Wages (Sections 78–84)

Workers who have worked at least 240 days in a calendar year are entitled to:

 Annual leave with wages at the rate of one day for every 20 days worked.

 Accumulation of unused leave subject to prescribed limits.

 Leave wages are paid in advance before the leave begins.


Penalties and Offences

The Act prescribes penalties for contraventions:

 For contravention of provisions: Fines or imprisonment for the occupier or manager.

 Continuing offences: Additional fines per day of continued violation.

 Serious offences resulting in death or serious injury: Heavier penalties including


imprisonment.

Recent Developments and Reforms

The Factories Act, 1948 has been proposed to be merged into the Occupational Safety, Health and
Working Conditions Code, 2020, as part of the Labour Codes reform process. The Code seeks to
consolidate multiple labor laws for better compliance, ease of doing business, and broader coverage
for workers in all establishments, including factories.

Conclusion

The Factories Act, 1948, has played a pivotal role in protecting the interests of workers in India’s
industrial sector. It lays down comprehensive provisions relating to health, safety, welfare, and
working conditions. With ongoing reforms, the core objectives of the Act continue to be relevant in
the modern context of labor rights and industrial development.

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