Factories Act 1948: Key Provisions & Importance

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 50
or more workers.

vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
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Definition of a Factory:-

“Factory” is defined in Section 2(m) of the Act. It means any
premises including the precincts thereof-
i. Whereon 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;
But does not include a mine subject to the operation of the
Mines Act,1952 or a mobile unit belonging to the
Armed forces of the Union, a railway running shed or a
hotel, restaurant or eating place.
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The following have held to be a factory:-

i. Salt works
ii. A shed for ginning and pressing of cotton
iii. A Bidi making shed
iv. A Railway Workshop
v. Composing work for Letter Press Printing
vi. Saw Mills
vii. Place for preparation of foodstuff and other eatables

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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 Act has 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.
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Objective of factory act 1948.
To ensure adequate safety measures and to promote the health and
welfare of the workers employed in factories.

To prevent haphazard growth of factories through the provisions
related to the approval of plans before the creation of a factory.

To regulate the working condition in factories, regulate the working
hours, leave, holidays, overtime, employment of children, women an
d young persons ext.

The Factories Act provides for the health, safety, welfare, service
conditions and other aspects of workers in factories. The Act is
enforced by the State Government who frame rules that ensure that
local conditions are reflected in enforcement.
The Act as amended in 1987 also regulates the safeguards to be
adopted for the use and handling of hazardous substances.

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Regulates working condition in factories.
Basic minimum requirements for ensuring safety, health and welfare of
workers. Applicable to all workers.
Applicable to all factories using power and employing 10 or more
workers, and if not using power, employing 20 or more workers on any
day of the preceding 12 months.
To improve health, welfare and safety of the workmen.

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Applicability of factory act 1948.

At any place wherein manufacturing process is carried
on with or without the aid of power or is so ordinarily
carried on, not with standing that:
· The number of persons employed therein is less
than ten, if working with the aid of power and less than
twenty if working without the aid of power, or
· The persons working therein are not employed by
the owner thereof but are working with the permission
of, or under agreement with, such owner.
The Factories Act extends to whole of India and is
applicable to all 'factories' including government
factories.

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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.

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.

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Importance of factory act 1948

No adult worker shall be required or allowed to work in a factory:-
(i) for more than forty-eight hours in any week; and/ or (ii) for more
than nine hours in any day.

Where a worker works in a factory for more than nine hours in any
day or for more than forty-eight hours in any week, he shall, in
respect of overtime work, be entitled to wages at the rate of twice
his ordinary rate of wages.

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The 'ordinary rate of wages' means the basic wages
plus such allowances, including the cash equivalent
of the advantage accruing through the concessional
sale to workers of food grains and other articles, as
the worker is for the time being entitled to, but does
not include a bonus and wages for overtime work.

Where a worker is deprived of any of the weekly
holidays, he shall be allowed, within the month in
which the holidays were due to him or within the two
months immediately following that month,
compensatory holidays of equal number to the
holidays so lost.

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The periods of work of adult workers in a factory
each day shall be so fixed that no period shall
exceed five hours and that no worker shall work for
more than five hours before he has had an interval
for rest of at least half an hour.

Adequate provisions have been made for
enforcement of the provisions of the act by
appointing factory inspectors.
 Provisions are also made for appointment of
occupier of factory and various obligations of the
occupier have been set out in the act.
 Additional provisions have been made for various
offences and penalties for the offences.

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Detailed provisions are also made for the working
hours, holidays, leaves, leave with wages and overtime
payment, etc.

 separate provisions are made for employment of young
persons, which include children and adolescents. The
employment of children below 14 years of age was stopped.

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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

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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 for25
Self-acting machines.- Sec cutting off power. – Sec 24
· Casing of new machinery.- Sec 26
· Prohibition of employment of women and children near cotton-
openers.- Sec 27
· Hoists and lifts.- Sec 28.

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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
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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

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Annual Leave with Wages

• 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.
Sec. 79

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Sec.92 to 106
OFFENCE PENALTIES

For contravention of the Provisions Imprisonment upto 2 years or fine
of the Act or Rules upto Rs.1,00,000 or both

On Continuation of contravention Rs.1000 per day

On contravention of Chapter IV Not less than Rs.25000 in case of
pertaining to safety or dangerous death.
operations. Not less than Rs.5000 in case of
Subsequent contravention of some serious injuries. upto 3 years or fine
Imprisonment
provisions not less than Rs.10, 000 which may
extend to Rs.2, 00,000.
Obstructing Inspectors Imprisonment upto 6 months or
fine upto Rs.10, 000 or both.

Wrongful disclosing result Imprisonment upto 6 months or
pertaining to results of analysis. fine upto Rs.10, 000 or both.

For contravention of the provisions Imprisonment upto 7 years with
of Sec.41B, 41C and 41H pertaining to fine upto Rs.2, 00,000 and on
compulsory disclosure of information continuation fine @ Rs.5, 000 per day.
by occupier, specific responsibility of Imprisonment of 10 years when
occupier or right of workers to work contravention continues for one year.
imminent danger. vaghela_manisha13@yahoo.com BY:MANISHA VAGHELA
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Factories Act 1948: Key Provisions & Importance

Factories Act 1948: Key Provisions & Importance

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Factories Act 1948: Key Provisions & Importance