THE FACTORIES ACT, 1948

Factory legislation became necessary as employers, the factory owners began to exploit the
employees by making them to work in complete disregard of their health, strength and
working conditions.

The object of the Act is to regulate the conditions of work in manufacturing establishments
coming within the definition of the term ‘Factory’. The Act came into force on 1st April 1949.
Important Definitions:
Factory: Sec. 2(m): What is a Factory:

Any premises including precincts thereof –

i) Whereon 10 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 20 or more workers … carried on without the aid of power…

The term factory does not include: (a) a mine, or (b) a mobile unit belonging to the armed
forces of Union of India, or (c) a railway running shed, or (d) a hotel, restaurant or eating
place.

Thus, ‘factory’ is (1) a place where a manufacturing process is carried on; (2) It employs
prescribed minimum number of workers on any day of the preceding twelve months.

The word ‘premises’ used in the definition is to be used in a wider sense. It has been held by
the Supreme Court in A.H. Bhiwandiwala’s case that the definition includes the salt
production in an open field. Similarly, the Railway Workshops are covered under the
definition.

To clarify the meaning of the term ‘factory’, it is necessary to understand three other terms:

Manufacturing Process: Sec. 2(k): The term is defined in a very wide sense to include:
i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning,
breaking up, demolishing or otherwise treating or adopting any article or substance
with a
view to its use, sale, transport, delivery or disposal, or
ii) pumping oil, water, sewage or any other substance,
iii) generating, transforming or transmitting power, or
iv) composing types of printing, printing, lithography, photogravure, other similar process
or book-binding,
v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels; or
vi) preserving or storing any article in cold storage.

It has been held that the different processes enumerated are merely illustrative and many
processes have been held to be the manufacturing processes by various courts: (a) Bidi
making, (b) moulding and transformation of raw cinematography films into finished product,
(c) process of moistening, stripping and packing of tobacco leaves, (d) laundry service, (e)
bottle washing etc.
Worker: Sec. 2(l): A worker means a person employed, directly or through any agency
(including a contractor) with or without the knowledge of the principal employer. He may be
employed for or without remuneration. He must be employed in a manufacturing process, or
in cleaning some part of the machinery or premises used for manufacturing process or in
some other kind of work incidental to, or connected with, the manufacturing process. A
worker does not include any member of the armed forces of the Union of India.

Worker means any person engaged in any work connected with or incidental to a
manufacturing process. Thus, the definition is wide. It includes persons engaged directly or
through an agency or a contractor. It also includes clerical workers, peons, and persons paid
by piece rate. Apprentices, whether remunerated or not are workers. It is important that a
relationship of employer and employee, master and servant must exist.

Power: Sec. 2(g): Power means electrical energy or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency.

Young Person: Sec. 2(d): a person who is either a child or an adolescent.

Child: S. 2(c): a person who has not completed his fifteenth year of age.

Adolescent: S. 2(b): a person who has completed his fifteenth year of age but has not
completed his eighteenth year.
Occupier: Sec. 2(n) is a person who has ultimate control over the affairs of the factory,
provided that –
i) in case of a firm or other AOP, any one of the individual partners or members thereof;
ii) in case of a company, any one of the directors,
iii) in case of a factory is owned or controlled by the Govt. or a local authority, the person
appointed to manage the affairs of the factory, shall be deemed to be the ‘occupier’.

The Inspecting Staff: Sec. 8 empowers the State Government to appoint the Chief
Inspector, Additional Chief Inspectors, Deputy Chief Inspectors and Inspectors, Additional
Inspectors etc. and all such appointees shall be deemed to be public servants within the
meaning of Indian Penal Code. Every District Magistrate is an Inspector for his district. Sec. 9
and Rule 17 prescribes the powers of Inspectors which include power to enter any place
which is used as a factory, to make an examination of the premises, plant and machinery, to
require the production of any register or documents relating to the factory, take
measurements, photographs, issue orders and to take statements of any person/s for the
purpose of carrying out the purposes of the Act. Under Sec. 75 an Inspector has the
additional power to require medical examination of a ‘young person’ working in a factory. Sec.
91 empowers the Inspector to take samples of any substance used or is intended to be used
in a factory. Any person willfully obstructing an Inspector in the exercise of any power shall be
punished with imprisonment up to 6 months or with fine up to Rs. 10,000/- or both.

Certifying Surgeon: Sec. 10 provides that the State Govt. may appoint qualified medical
practitioners to be certifying surgeons for a local area or for specified factories or class of
factories. Their duties are as per Rule 18 and include the examination and certification of
young persons, examination of persons engaged in dangerous processes in factories,
medical supervision where such supervision is prescribed.
Approval, Licensing and Registration of Factories:
It is necessary to obtain a license (permission in writing) from the Chief Inspector for the site
on which the factory is to be started, for the plans, for construction and also for
extension of the factory. Sec. 6 empowers the State Govt. to make rules regarding
the plans, specifications etc. of a factory and its location. Thus, to get the plans of
a factory approved, an application in the prescribed form has to be made to the
Chief Inspector. Such application should be accompanied by the necessary
documents. Under Sec. 6 read with Rule 3, if the Factory Inspector is satisfied with
the requirements, he will grant his approval or permission.

Sec. 6(2) makes it obligatory for the Factories Inspector to dispose off the application within 3
months and if nothing is heard from him within 3 months, the permission is deemed to be
granted. If the Chief Inspector refuses the permission, the aggrieved applicant may, within 30
days from the date of refusal, appeal to the State Govt. under Sec. 6(3).
Sec. 7 provides that the ‘Occupier’ must, at least 15 days before he begins to occupy or use
any premises as a factory, send to the Chief Inspector, a written notice containing:
(a) the name and situation of the factory
(b) the name and address of the occupier
(c) the name and address of the owner of the premises
(d) the address to which communication be sent
(e) nature of manufacturing process to be carried on in next 12 months
(f) total horse power installed or to be installed
(g) name of the manager for the purposes of the Act
(h) number of workers likely to be employed
(i) such other particulars as may be prescribed.

As per Sec. 6 and Rules 5 to 13, the occupier or the manager has to apply to the Chief
Inspector for registration of the factory and obtaining the necessary license. The fees
prescribed for the purpose should accompany the application. The Chief Inspector, if
satisfied, will register the factory and grant the license.

The license so granted may be amended, renewed, revoked or suspended in accordance

with the Rules framed under the Act.

New sections 7-A and 7-B are introduced by the Amendment Act of 1987 prescribing the
general duties of the occupier in regard to the health, safety and welfare of all the workers
while they are at work in the factory.

Chapter III lays down provisions regarding HEALTH of the workers, contained in Sec. 11 to
20 and Rules 19 to 56.

1) Cleanliness: Sec. 11: Every factory must be kept clean and free from effluvia and dirt. Dirt
and refuse shall be removed daily, i.e. sweeping to be done daily. The floor of every
workroom shall be washed at least once every week. Effective means of drainage be
provided. Painting – once in 5 years. Whitewashing or colour washing – once every 14
months. Records to be kept in Form 8.
2) Disposal of waste: Sec. 12: Effective arrangements for treatment and disposal of waste
and generated due to the manufacturing process shall be made.
3) Ventilation and Temperature: Sec. 13: To secure and maintain adequate ventilation and
reasonable temperature by circulating fresh air… temperature to ensure reasonable
conditions of comfort. The State Govt. may prescribe a standard of adequate ventilation and
reasonable temperature... records be kept.

4) Dust and Fume: Sec. 14: Effective measures shall be taken to prevent inhalation of dust
and fumes and their accumulation in any workroom. If any exhaust appliance is necessary, it
shall be installed as near as possible to the point of origin of dust, fume or other impurity.

5) Artificial Humidity: Sec. 15: To ensure prescribed standards of humidity in all factories in
which humidity of the air is artificially increased.

6) Overcrowding: Sec. 16: Overcrowding which may be injurious to the health of the workers
is to be avoided in every room in the factory.

7) Lighting: Sec. 17: Every part of a factory where workers are working or passing, sufficient
and suitable lighting - natural or artificial or both, be provided and maintained.

8) Drinking Water: Sec. 18: Effective arrangements be provided and maintained at suitable
and conveniently situated points for sufficient supply of wholesome drinking water.
9) Latrines and Urinals: Sec. 19: Sufficient latrine and urinal accommodation of prescribed
types, separate enclosed accommodation for male and female workers, be
provided in every factory which shall be conveniently situated and accessible to
workers at all times while they are at the factory. The State Govt. may prescribe
the number of latrines and urinals to be provided in any factory in proportion to the
number of workers
10) Spittoons: Sec. 20: Sufficient number of spittoons be provided and maintained in a clean
and hygienic condition. State Govt. may make rules as regards types and the number of
spittoons to be provided and their location in any factory.

Chapter IV lays down provisions regarding SAFETY of the workers, contained in Sec. 21 to
41 and Rules 57 to 73. Safety provisions are absolute and are obligatory in their character
and the occupier of every factory is bound to follow them.
1) Fencing of Machinery: Sec. 21: In every factory dangerous part of every machinery shall
be fenced. Such dangerous parts include – prime movers, flywheel, every part of a stock bar
of a lathe, electric generator, a motor, rotary converter, a transmission machinery etc. State
Govt. may prescribe such further precautions or may even exempt, subject to such conditions
as it may consider necessary, in respect of any particular machinery or part thereof. It is to be
noted that the duty to fence such machinery as contemplated in this section is absolute.

2) Work on or near Machinery in Motion: Sec. 22: It must be by trained adult male worker
only. Such workers shall be wearing tight fitting clothing, supplied by the occupier. Name of
such a worker must have been recorded in the prescribed register and he shall be furnished
with a certificate of his appointment. No woman or young person shall be allowed to clean,
lubricate or adjust any part of machinery in operation.
3) Employment of young persons on dangerous machines: Sec. 23: No young person shall
work at any dangerous machine unless he has been fully instructed as to the dangers arising
in connection with the machine and the precautions to be observed. He must have received
sufficient training about the work and shall be under adequate supervision of a person having
through knowledge and experience of the machine. The State Govt. is to prescribe what
machines are dangerous for the purpose of this section.
4) Striking gear and devices for cutting off power: Sec. 24: In every factory suitable devices
for cutting off power in emergencies from running machinery shall be provided and
maintained in every workroom. There shall be adequate measures to prevent accidental
starting of the transfusion or other machines.

5) Self-acting machines: Sec. 25: Moving parts of a self-acting machine must not be allowed
to come within a distance of 45 centimeters of any fixed structure which is not part of the
machine.

6) Casing of new machinery: Sec. 26: In all machinery installed after the commencement of
this Act, certain parts must be sunk, encased or otherwise effectively guarded, i.e. set screw,
bolt, toothed gearing etc. so as to prevent danger.

7) Women and children near cotton-openers: Sec. 27: No woman or child shall be employed
in any part of a factory for pressing cotton in which a cotton opener is at work.

8) Hoists and lifts and lifting machines, chains etc.: Sec. 28 & 29: Every hoist and lift must be
so constructed so as to be safe. There are detailed rules as to how such security is to be
secured. There are similar provisions for lifting machines, chains, ropes and lifting tackles.

9) Revolving machinery: Sec. 30: In every room where grinding is carried on, the maximum
safe working speed of every revolving machinery connected therewith shall be notified.
Steps must be taken to ensure that the safe speed is not exceeded.
10) Pressure plant: Sec. 31: In every factory where a pressure plant is in use, effective
measures shall be taken to ensure that the safe working pressure is not exceeded.

11) Floors, stairs and means of access: Sec. 32: All floors, steps, stairs. Passages and
gangways shall be of sound construction and properly maintained. Safe means of access
shall be provided to every place at which any person is, at any time required to work.

12) Pits, sumps, opening etc: Sec. 33: in every factory fixed vessel, sump, tank, pit or
opening in the ground or in a floor, shall be securely covered or fenced.

13) Excessive weight: Sec. 34: No worker shall be allowed or made to lift or carry or move
any load so heavy as to cause him injury.

14) Protection of eyes: Sec. 35: Effective screen or suitable goggles shall be provided to
protect the eyes of the workers from fragments thrown off in course of any manufacturing
process and excessive light, if any.

15) Protection against dangerous fumes: Sec. 36: No person shall be allowed to enter any
chamber, tank, pit, pipe, or other space in which dangerous fumes are likely to be present
unless it is equipped with a manhole or other means of going out. Only a lamp or light of
flameproof construction can be used in used in such space. For people entering such space,
suitable breathing apparatus, reviving apparatus etc. shall be provided. (Sec. 36-A): no
portable electric light be used in such space.
16) Explosive or inflammable gas etc: Sec. 37: Where any manufacturing process produces
explosive / inflammable gas, dust, fume or vapour, steps must be taken to (a) enclose the
machine concerned, (b) to prevent the accumulation of substances, and (c) to exclude all
possible sources of ignition. Extra precautionary measures are to be taken where such
substances are at a pressure greater than the atmospheric pressure.
17) Precaution in case of fire: Sec. 38: Every factory shall be provided with such means of
escape in case of fire as may be prescribed. Practical measures to prevent outbreak of fire
both internally or externally be provided and maintained. Equipment and facilities for
extinguishing fire shall be adequate. Effective, clearly audible means of giving warning in
case of fire to every person be provided.

18) Specification of defective parts or tests of stability: Sec. 39 & 40: If any building or
machine or part thereof is in a defective or dangerous condition, the Inspector may order for
holding of the required tests to determine how they can be made safe. He can direct the
adoption of the measures necessary to make them safe. In case of immediate danger, the
use of the building or machinery may be prohibited.
19) Power to make Rules: Sec. 41: The State Govt. may make rules providing for the use of
such further devices for safety as may be necessary.
Sections 41-A to 41-H are introduced by the Amendment Act of 1987, making special
provisions for safety where hazardous processes are carried on in any factory.

Chapter V lays down provisions regarding WELFARE of the workers, contained in Sec. 42
to 50 and Rules 74 to 92.

1) Washing facilities: Sec. 42: In every factory adequate, suitable and conveniently
accessible facilities for washing shall be provided and kept clean, for the use of male and
female workers.

2) Facilities for storing and drying clothes: Sec. 43: The State Govt. may make rules requiring
the provision of suitable places for keeping clothing not worn during working hours and for
drying of wet clothing.

3) Facilities for sitting: Sec. 44: Suitable arrangements for sitting shall be provided and
maintained for all workers who are required to work in a standing position, so that they take
rest when possible.

4) First-aid appliances: Sec. 45: Every factory must provide, readily accessible, first aid boxes
or cupboards containing prescribed materials, and must be in charge of a persons trained in
the first-aid treatment. For every 150 workers there shall be at least one first aid box. There
are special provisions for a factory employing more than 500 workers.

5) Canteens: Sec. 46: In a factory where more than 250 workers are employed, the State
Govt. may require that a canteen or canteens shall be provided and maintained by the
occupier for the use of the workers. The State Govt. may make appropriate rules in this
regard, including representation of workers in the management of the canteen.
6) Shelters, rest rooms etc: Sec. 47: In a factory where more than 150 workers are employed,
adequate and suitable shelters or rest rooms and a lunch room, which are ventilated,
sufficiently lighted and maintained in a cool and clean condition, with provisions for drinking
water shall be provided and maintained by the occupier for the use of the workers.

7) Crèches: Sec. 48: In a factory where more than 30 women workers are employed, a room
or rooms, well lighted, ventilated maintained in a clean and sanitary condition be provided for
the use of children below the age of 6 years of such women workers. The room shall be
under the charge of women trained in the care of children and infants. The State Govt. may
make rules prescribing for facilities, including free milk or refreshment or both for the children.
8) Welfare officer: Sec. 49: In a factory where 500 or more workers are employed, the
occupier shall employ in the factory, welfare officers. The State Govt. may prescribe the
duties, qualifications and conditions of service of such officers.
9) Power to make rules: Sec. 50: The State Govt. may make rules regarding the welfare of
workers. the representatives of the workers shall be associated with the management of the
welfare arrangements of the workers.

Working hours of Adults:

Weekly Hours: Sec. 51: An adult worker shall not be allowed or required to work in a factory
for more than 48 hours in a week.

Daily Hours: Sec. 54: An adult worker shall not be allowed or required to work in a factory for
more than 9 hours in a day. However, the daily maximum hours may be exceeded with the
previous approval of the Chief Inspector to facilitate the change of shifts.

Intervals for Rest: Sec. 55: A worker shall be given an interval for rest of at least half an hour,
after 5 hours of work. The State Govt. or the Chief Inspector, may by an order in writing and
for the reasons stated therein, increase the work period to six hours.

Spread over: Sec. 56: The total periods of work of an adult worker, inclusive of rest intervals,
shall not be spread over more than ten and a half hours in any day. However, the Chief
Inspector may for specified reasons, increase the spread over up to twelve hours.

Holidays and Leave: Sec. 52 and 53: Every adult worker shall be allowed a holiday for a
whole day in every week. If such day is not Sunday, the manager of the factory shall deliver a
notice to the Inspector and such a notice shall also be displayed in the factory. In case the
manager wishes to substitute the day of a holiday, he can do so by delivering a notice to the
Inspector and also by displaying the same in the factory.
However, no substitution can be made which results in any worker working for more than ten
days consecutively without a holiday for a whole day.

If a worker is deprived of any of the weekly holidays, he shall be given compensatory

holidays of the equal number of holidays lost. Such compensatory holidays shall be allowed
within the month in which the holidays were due or within two months immediately following
that month.
Night Shifts: Sec. 57: When a worker works on shift which extends beyond midnight, his
weekly or compensatory holiday means a period of holiday for 24 consecutive hours
beginning when his shift ends.

Extra wages for Overtime: Sec. 59: Where a worker works for more than nine hours in any
day or for more than 48 hours in any week, he shall be paid for overtime work. The rate of
overtime wages shall be twice the ordinary rate of wages, which means the basic wages plus
such allowances to which the worker is entitled to, for the time being. It does not include
bonus.

It was held in P.S.Dubey’s case that when a worker goes out on tour beyond his sphere of
duty, he is entitled to daily allowance and traveling allowance but he is not
entitled to extra wages as overtime wages under Sec. 59.
Sec. 64 empowers the State Govt. to make rules exempting the conditions and provisions of
Sections 51, 52, 54, 55 and 56. However, in any case (a) the total number of hours of work in
a week, including overtime, shall not exceed sixty; and (b) the total number of hours of
overtime shall not exceed fifty for any quarter. Quarter means three-month period beginning
1st January, 1st April, 1st July and 1st October.

Restrictions on Employment of Women: By Sec. 66 following restrictions have been imposed

as regards women workers:
a) No woman can be given exemption from the provision of Sec. 54 (maximum daily hours of
work shall be 9).
b) No woman shall be required or allowed to work except between 6 a.m. and 7 p.m. The
State Govt. may by notification vary the time limit for particular factories, but in no
circumstances women shall be employed to work between 10 p.m. and 5 a.m.
c) There shall be no change of shifts for women except after a weekly holiday or other
holiday.

There are certain other restrictions on employment of women:

1. Work on or near machinery in operation (Sec. 22)
2. Prohibition on employment near cotton openers (Sec. 27)
3. Excessive weight – The State Govt. may make rules, prescribing the maximum weight
which may be lifted, carried or moved by women workers (Sec.34).
4. Crèches – In every factory where more than 30 women are employed, a suitable room be
provided for the use by the children under the age of six years of such women (Sec. 48).
5. Under Sec. 87(b) the State Govt. is empowered to make rules prohibiting women to work
involving dangerous operations.

Employment of Young Persons: Sec. 67 to 77 and Rules 103 and 104: By Sec. 67, the
employment of a child below the age of 14 years is totally prohibited.

By virtue of Sec. 68, a child above the age of 14 years and an adolescent shall not be
allowed or required to work unless two conditions are satisfied. (a) He has been granted a
certificate of fitness, by a certifying surgeon, which certificate is in the custody of the manager
of the factory. (b) Such child or adolescent carries a token giving a reference to such
certificate.
Sec. 71 provides that a child can be employed to work in a factory for a maximum period of
four and half-hours in a day. The section further provides that a child cannot be employed
during the night time, i.e. from 10 p.m. to 6 a.m. A female child cannot be employed or
allowed to work during 7 p.m. and 8 a.m. Further, a child worker must get a holiday for a
whole day in every week without any exemption.

Sec. 69 permits an adolescent to work as an adult for a full day’s work if the certifying
surgeon grants him a certificate of fitness.
A certificate of fitness granted shall be valid for a period of twelve months from the date of
issue. Any fee payable for the certificate shall be paid by the occupier of the factory and shall
not be recovered from the young person or his parents.

Annual Leave with Wages: Sec. 78 to 84 and Rules 105 to 113: Provisions can be
summarised as follows:
1) A person in every calendar year shall be allowed annual leave with wages at the rate of
one day for every twenty days of work performed by him during the previous calendar
year.
2) In case of a child worker, the annual leave with wages is to be allowed on the same basis
but at the rate of one day for every 15 days of work performed.
3) A worker shall be entitled for annual leave with wages provided he has worked for 240
days or more or 2/3rd of the number of days (if his service commenced after 1 st January) in
the previous calendar year.
4) For counting the number of days of work performed by a worker, the following days are to
be included:
a) days of lay-off (Lay-off means the failure, refusal or inability of the employer to provide
work to a worker – Sec. 2(kkk) of Industrial Disputes Act).
b) in case of a female worker, days of maternity leave, not exceeding 12 weeks.
5) In computing the number of days of work performed by a worker, the days as mentioned
in (4) above shall be taken into account; but the worker shall not earn leave for those
days.
6) Leave can be accumulated up to 30 days in case of an adult and up to 40 days in case of
a child.
7) The leave admissible will be exclusive of all holidays whether occurring during or before
or at the end of the leave period.
8) Wages for the leave period shall be paid before the leave begins.
9) Application for the leave shall be submitted at least 15 days before the date of
commencement of leave. In case of a public utility service, the application shall be made
at 30 days prior.
10)In case of a worker who is discharged or dismissed or who quits employment or is
superannuated or dies while in service, he or his heir must be paid wages in lieu of annual
leave. In such cases, the annual leave is to be calculated at the same rate as above but
irrespective of whether the worker has worked for 240 days or not.

Wages during the leave period: Sec. 80: For the period of leave allowed, the worker shall be
paid wages at a rate equal to the daily average of his total full time earnings for the days he
worked during the month immediately preceding his leave. Average rate of wages to include
dearness allowances but not overtime wages and bonus.

Dangerous operations: Sec. 87 and Rule 114: The State Govt. is empowered to frame
special provisions and make rules for the purpose of controlling and regulating factories
which carry on dangerous operations exposing workers to serious risk of bodily injury,
poisoning or disease. Exhaustive rules have been made providing for medical examination,
safety and protection of workers, restricting and controlling the use of particular material and
process etc.

Manager of a factory where an accident occurs causing death or serious bodily injury or
where a dangerous occurrence of prescribed nature takes place, the manager shall sent
notice to the prescribed authorities in the prescribed form within the prescribed time.

Penalties and Procedure: Sec. 92 to 106 lay down the provisions regarding offences and
penalties under the Act:

1) If in any factory, there is any contravention of the provisions of the Act or any Rule or
order made there under, the occupier and the manager may each be punished with
imprisonment for a term which may extend to two years or with fine up to Rs. one lac or
both.

2) Where there is a contravention of any of the provisions contained in Sections 21 to 41 as

regards safety of the workers or under Sec. 87 (dangerous operations), and such
contravention results in an accident causing death or serious bodily injury, minimum
amount of fine shall be Rs. 25,000/- in case of death and Rs. 5,000/- in case of accident
causing serious injury.

3) Where the contravention continues after conviction, there is a provision of additional fine,
which may extend to Rs. 1,000/- per day for the days the contravention, is so continued.

4) If an occupier or manager, convicted of an offence under (1) above, commits the same
offence again within two years, he may be punished with imprisonment up to 3 years, or
with fine of not less than Rs. 10,000/- which may extend to Rs. 2 lacs.

5) Where an occupier or manager, convicted of an offence under (2) above, commits the
same offence again within two years, the amount of fine shall not be less than Rs.
35,000/- in case of an accident causing death and Rs. 10,000/- in case of an accident
causing serious bodily injury.

6) Any person willfully obstructing an Inspector appointed under the Act, or who fails to
produce any document demanded by him or prevents any worker from appearing before
an Inspector, such person may be punished with imprisonment up to 6 months or with fine
up to Rs. 10,000/- or both.
7) Whoever fails to comply with or contravenes provisions regarding safety where hazardous
processes are carried on (Sec. 41-B, 41-C and 41-H) shall be punished with imprisonment
up to 7 years and fine up to Rs. 2 lacs.

8) If any worker contravenes any provision of the Act or the Rules or orders, he may be
punished with a fine up to Rs. 500/-

Cognizance: Sec. 105: An Inspector of Factories, or a person with the previous sanction of an
Inspector in writing, must file a complaint in order to enable a court to take action against any
offence under this Act.
No court below the court of a Metropolitan Magistrate or a Judicial Magistrate of the First
Class shall try any offence punishable under the Act.

Limitation: Sec. 106: The complaint must be filed within 3 months of the date when the
commission of the offence came to the knowledge of an Inspector. For disobeying a written
order of an Inspector, complaint can be filed within 6 months of the date when the offence
was committed.

Display of Notices: Sec. 108: In addition to notices required to be displayed in a factory, a

notice containing abstracts of the Act and the Rules made there under, shall be displayed.
Such notice shall be in English and in a language understood by the majority of the workers,
and shall be displayed in every factory at some conspicuous or convenient place at or near
the entrance. A notice containing the name and address of the Inspector and certifying
surgeon shall also be displayed in every factory in the same manner.

Obligation of Workers: Sec. 111:

1) A worker shall not interfere with or misuse any appliance, convenience or other things
provided for the purpose of securing the health, safety or welfare of workers.

2) A worker shall not willfully or without reasonable cause do anything likely to endanger
himself or others.

3) A worker shall not willfully neglect to make use of any appliances or other things provided
for the purpose of securing the health, safety or welfare of workers.

If any worker contravenes the above provisions, he shall be punishable with imprisonment up
to 3 months or fine up to Rs. 100/- or with both.

Sec. 116 specifically states that unless otherwise provided, this Act shall apply to the
factories belonging to the Central or any State Government.

Notes prepared by Prof. RAJKUMAR BAGADIA –Cell 98212 13150