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Factories Act 1948

The Factories Act, 1948 aims to protect workers in factories by imposing health, safety, and welfare measures, and it applies to establishments with a specified number of workers. Key provisions include regulations on working hours, safety measures, and penalties for non-compliance. The Act has undergone several amendments and is enforced across India, ensuring that employers maintain safe working conditions for their employees.

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18 views13 pages

Factories Act 1948

The Factories Act, 1948 aims to protect workers in factories by imposing health, safety, and welfare measures, and it applies to establishments with a specified number of workers. Key provisions include regulations on working hours, safety measures, and penalties for non-compliance. The Act has undergone several amendments and is enforced across India, ensuring that employers maintain safe working conditions for their employees.

Uploaded by

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

INTRODUCTION

 In India the first Factories Act was passed in 1881. This


Act was basically designed to protect children and to
provide few measures for health and safety of the
workers. This law was applicable to only those
factories, which employed 100 or more workers. In
1891 another factories Act was passed which extended
to the factories employing 50or more workers
Definition of a Factory:-

 “Factory” is defined in Section 2(m) of the Act. It 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. Where on 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;
But does not include a mine subject to the operation of the
MinesAct,1952 or a mobile unit belonging to the Armed forces of the
Union, a railway running shed or a hotel, restaurant or eating place.
HIGHLIGHTS:
 The Factories Act, 1948 came into force on the 1st
day of April,1949 and extends to the whole of India. It was, in fact,
extended to Dadra & Nagar Haveli, Pondicherry in 1963, to Goa in
1965 and to the State of Jammu &Kashmir in 1970.
The Factories Act was amended in 1949, 1950, 1954, 1956, 1976
and 1989.
 In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed
that the Acthas been enacted primarily with the object of protecting
workers employed in factories against industrial and occupational
hazards. For that purpose, it seeks to impose upon the owner or the
occupier certain obligations to protect the workers and to secure for
them employment in conditions conducive to their health and
safety.
Registration & Renewal of Factories
-Section 6

 To be granted by Chief Inspector of Factories on


submission of prescribed form, fee and plan.
Employer to ensure health of workers pertaining to :

 Cleanliness Disposal of wastes and effluents -Sec 12

 Ventilation and temperature dust and fume - Sec 13

 Overcrowding Artificial humidification Lighting – Sec.


14

 Drinking water Spittoons. - Sec. 18


Safety measures:

 Fencing of machinery – Sec. 21


 Work on near machinery in motion. – Sec 22
 Employment prohibition of young persons on dangerous
machines. – Sec 23
 Striking gear and devices for cutting off power. – Sec 24
 Self-acting machines.- Sec 25
 Casing of new machinery.- Sec 26
 Prohibition of employment of women and children near
cotton-openers.- Sec27
 Hoists and lifts.- Sec 28.
Welfare Measures :

 Washing facilities – Sec 42


 Facilities for storing and drying clothing – Sec 43
 Facilities for sitting – Sec 44
 First-aid appliances – one first aid box not less than one
for every 150 workers– Sec 45
 Canteens when there are 250 or more workers – Sec 46
 Shelters, rest rooms and lunch rooms when there are 150 or
more workers. – Sec 47
 Creches when there are 30 or more women workers – Sec 48
 Welfare office when there are 500 or more workers – Sec 49
Working Hours, Spread Over & Overtime of Adults

 Weekly hours not more than 48 - Sec: 51


 Daily hours, not more than 9 hours. - Sec: 54
 Intervals for rest at least ½ hour on working for 5 hours. -
Sec: 55
 Spread over not more than 10½ hours. - Sec: 56
 Overlapping shifts prohibited. - Sec: 58
 Extra wages for overtime double than normal rate of wages
- Sec:59
 Restrictions on employment of women before 6AM and
beyond 7 PM. - Sec: 60
Annual Leave with Wages

-Section 79
 A worker having worked for 240 days @ one day for

every 20 days and for a child one day for working of 15


days.
 Accumulation of leave for 30 days.
Penal liability
 For contravention of the Provisions of the Act or Rules-
Imprisonment up to 2 years or fine up to Rs.1,00,000 or
both

 On Continuation of contravention-Rs.1000 per day

On contravention of Chapter IV pertaining to safety or


dangerous operations.
-Not less than Rs.25000 in case of death.
-Not less than Rs.5000 in case of serious injuries.
Contd-
 Subsequent contravention of some provisions
-Imprisonment up to 3 years or fine not less than Rs.10,
000 which may extend to Rs.2,00,000.

 Obstructing Inspectors-Imprisonment up to 6 months or


fine up to Rs.10, 000 or both.

 Wrongful disclosing result pertaining to results of


analysis- Imprisonment up to 6 months or fine up to
Rs.10, 000 or both.
Contd-
 For contravention of the provisions of Sec.41B, 41C
and41H pertaining to compulsory disclosure of
information by occupier, specific responsibility
of occupier or right of workers to work in imminent
danger.
-Imprisonment up to 7 years with fine up to Rs.2,
00,000 and on continuation fine @ Rs.5, 000 per day.

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