ABSTARCT OF FACTORY ACT-1948

Definition:

Adult: Means who has completed his 18 Years of age.

Adolescent: Means who has not completed 18 years of age but above 15 years of age.
Child: Means who has not completed 15 years of age.
Hazardous Process: Means products or byproducts, waste or effluent that can cause harm to the health of person
engaged and result in pollution of general environment.

CHAPTER-1

7. Notice by Occupier: Occupier should give notice to chief inspector in written 15 days before occupying area for
factory a) Name, Address & Location. b) Rated Horse-Power (MW/KW) c) No. of workers likely to be employed.

CHAPTER-2 (INSPECTING STAFF)

8. Inspector: State Govt. may appoint any person having prescribed qualification, by notification in gazette as
Inspector for the purpose of this act.
b) State Govt. can appoint as many Addl. Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors as it
think to be fit to assist Chief Inspector for the purpose of this act.
c) Every District Magistrate shall be an Inspector for his district.

9. Power of Inspector: a) Enter any factory premises with Govt/Local/Public Authority.

b) Examine any premises of Plant, Machinery, Article or substances.
c) Inquire any Incident/Accident or Dangerous occurrence, body injury or disability etc.
d) Require production register or any other document(s) related to factory.
e) Seize or take copies of any register/records which he may consider necessary.
f) Direct Owner/Occupier to declare any part of plant as dangerous, which he may consider necessary.
g) Take measurement / Photos and make recording as he consider necessary.

10) Certifying Surgeon: State Govt. may appoint qualified Medical Practitioner to be Certifying Surgeons for
purpose of factory act.

CHAPTER-3 (HSE)

11. Inspector: a) Every factory to be kept clean and free from effluvia (Harmful stinking gases) arising from drain.
b) To be painted / varnished at least once in 05 years. C) Daily Dirt/Waste removal and disposal from floor/job
area. d) Every 03 year re-coat of paint (6 month in case of re-white Wash). E) Whitewash in every 14 months
f) Windows, Frames and Shutters to be painted at least once in every 5 years.

12. Disposal of Effluents and drains: a) In every factory effective arrangement to be made for such disposals.

13. Ventilation and Temperature: a) In every factory effective arrangement to be made for adequate ventilation
and reasonable comfort condition in worker’s room to prevent any injury to health.

14. Dust and Fumes: a) In every factory effective measures to be taken to prevent its inhalation/accumulation in
any work place / worker’s room. b) No Internal Combustion to be operated inside workplace. If it is, the exhaust
to be released to atmosphere.

15. Artificial Humidification: a) In every factory where the humidity is artificially increased, effective measures to
be taken to maintain prescribed humidification.
b) Tests/samples for prescribed humidity of air to be taken and prescribed preventive measures to be followed.
16. Overcrowding: a) In every factory no room to be overcrowded to an extent that is injurious to health of
workers. b) There should be space of 9.9 M³ space in a room for every workmen working. (Factories built after
1987, should have 14.2 M³ space for every worker).

17. Lighting / Illumination: a) In every part of a factory where workers are working or passing there shall be
provided and maintained sufficient and suitable lighting, natural or artificial, or both. b) Provision to be made to
prevent glare (directly or indirectly) from source of light. c) Provision to be made to form shadows which may
cause eye strain / risk for an accident to worker.

18. Drinking Water: a) In every factory effective arrangements shall be made to provide and maintain at suitable
points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water.
b) Such points to be marked / labeled as “DRINKING WATER” at distance of six meter from any washing place,
urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination.
c) For more than 250 workers, provisions to be made to provide cool drinking water during hot weather.

19. Latrines / Urinals: a) In every factory sufficient latrine and urinal accommodation of prescribed types shall be
provided conveniently situated and accessible to workers at all times while they at the factory.
b) Separate enclosed accommodation shall be provided for male and female workers. Such accommodation shall
be adequately lighted and ventilated.
c) No latrine or urinal shall communicate with any workroom except through an intervening open space or
ventilated passage (Unless written permission from Inspector).
d) All Latrines / Urinals shall be maintained in a clean and sanitary condition at all times. Sweeper s to be
employed exclusively, to maintain it clean and hygienic condition.
c) the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall
washed and cleaned at least once in every seven days, with suitable detergents or disinfectants or with both.

20. Spittoons: a) In every factory there shall be provided a sufficient number of spittoons in convenient places and
they shall be maintained in a clean and hygienic condition.
b) No person shall spit within premises of factory except in the spittoons provided for the purposes and a notice
containing this provision and the penalty for its violation shall be displayed at suitable places in the premises.
c) Who ever violating this rule shall be punished with fine of not exceeding Rs 5.00 per incident.

21. Fencing of Machinery: a) In every factory every moving part of a prime mover and every flywheel / coupling
connected to a prime mover or engine must be provided prescribed and suitable guard to prevent danger.

22. Work on or near machinery in motion: a) In every factory while machinery is in motion, such examination or
operation shall be made /carried out only by specially trained adult male worker, wearing tight fitting clothing.
b) No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any
transmission machinery while the prime mover or transmission machinery is in motion.

23. Employment of young person(s) on dangerous machines: a) No young person shall be required or allowed to
work on machine unless he has been fully instructed about dangers arising precautions to be observed.
b) He must have received sufficient training in work at the machine and is under adequate supervision by a person
who has a thorough knowledge and experience of the machine.

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

25. Self-acting machines. No traversing part of a self-acting machine in any factory which runs over where any
person is liable to pass. The machine be allowed to run on its outward or inward traverse within a distance of
forty-five centimeters from any fixed structure, which is not part of the machine.
27. Prohibition of employment of women and children near cotton-openers: a) No woman or child shall be
employed in any part of a factory for pressing cotton in which a cotton-opener is at work.
b) If the feed-end of a cotton-opener is in a room separated from the delivery end by a partition. The Inspector
may specify in writing, women and children may be employed on the side of the partition of feed-end.

28. Hoists and Lifts: a) In a factory Hoists and Lifts should be of good mechanical construction, sound material and
adequate strength.
b) Properly maintained and shall be thoroughly examined by a competent person, at least once in every period of
six months. An Inspection record register shall be maintained containing particulars of every such examination.
c) Maximum safe working load to be marked on every hoist or lift. No load greater than marked, to be lifted.

29. Lifting machines, chains, ropes and lifting tackles : These to be thoroughly examined by a competent person at
least once in every period of twelve months and inspection record /next due for inspection to be maintained.

30. Revolving machinery: a) In every factory the grinding shall be permanently affixed. Near each machine, a
notice indicating the maximum safe working peripheral and Safe Work Procedure to be displayed.

32. Floors, stairs and means of access: a) All floors, steps, stairs, passages and gangways shall be of sound
construction, maintained and shall be kept free from obstructions /substances likely to cause persons to slip.
b) Emergency Exit to be clearly displayed at all workplaces.
c) If a person has to work at height from where he is likely to fall. Reasonable provision to be made by fencing to
ensure the safety of person, like Life-line, Safety Belt / Safety net etc.

33. Pits, sumps, openings in floors: In every factory every fixed vessel, sump, tank, pit or opening in the ground or
in a floor which may be a source of danger, shall be securely covered or securely fenced.

34. Excessive weights: a) No person shall be employed in any factory to lift, carry or move any load so heavy as to
be likely to cause him injury.
b) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved
by adult men, adult, women, adolescents and children employed in factories.

35. Protection of eyes: a) Eye protection to all workmen to be provided where the risk of injury to the eyes from
particles or fragments thrown off in the course of the process is imminent.
b) Such protection is also applicable for exposure to excessive light.

36. Precautions against dangerous fumes, gases: a) In any factory no person shall be allowed to enter any
chamber, tank, vat, pit, pipe, flue or other confined space where any gas, fume, vapor or dust is likely to be
present to involve risk to persons being overcome thereby, unless it is provided with effective means of exit.
b) No person shall be required or allowed to enter any confined space until ventilated to remove all gas, fume,
vapor or dust. Those to be brought down to its permissible limits (as prescribed by State Govt).
c) Certificate in writing to be obtained from competent person, before entering in such space that the space is
reasonably free from dangerous gas, fume, vapor or dust.
d) That person to wear suitable breathing apparatus and a belt securely attached to a rope the free end, which is
held by a person outside the confined space to pull out him in case of any emergency.
e) Only twenty-four volts to be permitted inside chamber, tank, vat, pit, pipe, flue or other confined space.

37. Explosive or inflammable dust, gas: a) In any factory where manufacturing process produces dust, gas, fume
or vapor that is to be likely to explode on ignition. Practicable measures shall be taken to prevent explosion by:-
i) Enclosure of the plant or machinery used in the process. ii) Removal or prevention of the accumulation of such
dust, gas, fume or vapor. iii) Exclusion or effective enclosure of all possible sources of ignition.
b) Where the plant or machinery in a factory contains any explosive or inflammable gas or vapor under pressure
greater than atmospheric pressure, that shall not be opened until a pipe is connected to release it to atmosphere.
d) No plant, tank or vessel having explosive or inflammable substance shall be subjected to any welding, brazing,
soldering or cutting operation which involves the application of heat. Adequate measures to be taken to remove
such substance. Any fumes arising from such substance shall not be allowed to enter such plant, tank or vessel
after any such operation. That metal has to be cooled sufficiently to prevent any risk of igniting the substance.

38. Precautions in case of fire: a) In Every factory measures to be taken for safe escape all persons in case of a fire
and the necessary equipment and facilities to be provided for extinguishing fire.
b) Effective measures shall be taken to ensure that in all the workers are familiar with the means of escape in case
of fire and have been adequately trained periodically.

39. Power to require specifications of defective parts or tests of stability: a) If Inspector feels that any building or
part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or
safety. He may issue notice to occupier or manager or both, of the factory an order in writing to furnish such
drawings, specifications and other particulars to determine whether such building, ways, machinery or plant can
be used with safety.
b) He may order to carry out such tests as specified in the order, and to inform the Inspector of the results.

40. Safety of buildings and machinery: a) If it appears to Inspector that any building or part or any part of the
ways, machinery or plant is in such condition that it is dangerous to human life / safety. He may issue orders to
occupier or manager or both of factory, to take measures to be adopted, and carried out, before specified date.
b) If it appears to the Inspector that any building or part or any part of the ways, machinery or plant in a factory
has imminent danger to human life or safety. He may issue order to occupier or manager or both, prohibiting its
use until it has been properly repaired or altered and is safe for further use.
c) Safety Officers: a) Where>1000 workers are employed the Occupier shall appoint such numbers of Safety
Officers as specified in State Govt. Gazette.
b) Duties, Conditions, Qualifications and experience should be as specified by Sate Govt.
Also State Govt. has power to make rules pertaining to HSE, for securing the safety of personnel employed.

CHAPTER IV A
PROVISIONS RELATING TO HAZARDOUS PROCESSES

41. Constitution of Site Appraisal Committee: a) The State Govt. may consider applications for grant of
permission for initial location of factory involving a hazardous process or for the expansion of such factory,
appoint a Site Appraisal Committee consisting of:-
i) A Chief Inspector of the State who shall be its Chairman.
ii) A representative of the Central Board for the Prevention and Control of Water Pollution.
iii) A representative of the Central Board for the Prevention and Control of Air Pollution.
iv) A representative of the State Board appointed under section 4 of the Water (Prevention and Control of
Pollution) Act, 1974.
v) A representative of the State Board for the prevention and Control of Air Pollution.
vi) A representative of the Department of Environment in the State.
vii) A representative of the Meteorological Department of the Government of India.
viii) An expert in the field of occupational health.
ix) A representative of the Town Planning Department of the State Government.
And not more than five other members who may be co-opted by the State Government who shall be:-
a) A scientist having specialized knowledge of the hazardous process which will be involved in the factory,
b) A representative of the local authority within whose jurisdiction the factory is to be established, and
c) Not more than three other persons as deemed fit by the State Government.

41C. Specific Responsibilities of Occupier (Hazardous Process): a) Maintain up to date health record of workmen
who are employed at toxic and other hazardous process / substances.
b) Appoint those persons having Qualification & Experience in handling such process / substances and they are
competent to supervise such activities in factory. Also provide facilities for protection of worker as prescribed.
c) Medical checkup to be done of all workmen before assignment of such job (even in course of job if required).
d) Medical checkup every 12 months and after completion of hazardous job assignment.

41D. Power of Central Govt. to Appoint Enquiry committee: a) In the event of the occurrence of an extraordinary
situation involving a factory engaged in a hazardous process, Central Govt. can appoint an Inquiry Committee to
inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any
failure or neglect in the adoption of any measures prescribed for the health and safety.

41E. Emergency Standards: a) Central Govt. may direct the Director- General of Factory to Service Advisor and
Labour Institutes or any institution specialized in matters relating to standards of safety in hazardous processes, to
lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes.

41F. Permissible limits of exposure of chemical and toxic substances: a) The maximum permissible threshold
limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise)
in any factory shall be of the value indicated in the notification of Central / State Govt. Official Gazette.

41G. Workmen Participation In Safety Management: a) The Occupier shall set up a Safety Committee consisting
of equal number of representatives of workers and management, to promote cooperation between the workers
and management to maintain proper safety / health at work and review periodically the measures taken.

41H. Right of Worker to inform about Imminent Danger: a) Workers employed in any factory engaged in a
hazardous process may inform about imminent danger to occupier / manager / area in-charge or through their
representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector.
b) It is duty of occupier, agent, manager or the person in-charge of the factory or process to take immediate
remedial action, if he is satisfied about the existence of such imminent danger and send a report of the action
taken to the nearest Inspector.
c) If the occupier, agent, manager or the person in-charge is not satisfied about the existence of any imminent
danger as apprehended by the workers, he shall refer the matter to the nearest Inspector whose decision on the
question of the existence of such imminent danger shall be final.

CHAPTER-V (WELFARE)

42. Washing Facilities: a) Adequate and suitable facilities for washing to be provided and maintained for workers.
b) Separate and adequately screened facilities shall be provided for the use of male and female workers.

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

44. Facilities for Sitting: a) In every factory suitable arrangements for sitting shall be provided and maintained for
all workers obliged to work in a standing position. They can use such facility for rest which may occur in the course
of their work.
b) In opinion of Chief inspector if workers are able to do their job efficiently, in sitting position, he can direct
occupier in writing to provide sitting facilities for such work.

45. First Aid Appliances: a) A First Aid Cupboard / Box to be provided and maintained at all time, per 150 workers.
b) Nothing except prescribed content to be kept in First Aid Box/Cupboard.
c) Responsible person having First Aid Certificate by State Govt., to be in-charge of First Aid Box and he shall be
readily available during working hours of factory (His contact no. to be displayed in Emergency Contacts).
d) Where >500 workers are there, Ambulance to be provided with prescribed medical equipments and Nursing
staff. They shall be readily available during working hours and call on duty.

46. Canteen: a) Where >250 workers are employed, a Canteen(s) to be provided by Occupier.
b) Expenditure on items for running canteen, not to be included within cost of food stuffs served in canteen.

47. Shelter, Rest Room and Lunch Room: a) On every 150 workers, adequate and suitable Shelters, Rest Rooms
or Lunch Rooms to be provided with provision of drinking water and to be maintained.
b) Shelters, Rest Rooms or Lunch Rooms should have sufficient Lighting, Ventilated and shall be maintained in cool
and clean condition.

48. Crèches: a) On every 30 women workers, the Crèche to be provided for children below 6 years of age, with
adequate ventilated rooms and to be maintained.
b) Sanitary conditions to be maintained for Infants Crèches.
c) State Govt. may make rules for occupier to provide refreshments or Milk or both for children.
d) Facilities to be given to mother to feed their children at necessary intervals.

49. Welfare Officer: a) On >500 women workers in a factory, the occupier shall employ number of Welfare
Officer(s) as prescribed by State Govt.
b) State Govt. may prescribe the Qualification and Experience of Welfare Officer.

50. Power to make Supplementary Rules: State Govt. has power to make such rules pertaining to Chapter V

CHAPTER-VI (WORKING HOURS)

51. Working Hours of Adult: 48 Hrs in a week.

52. Weekly Holidays: First Day at least after three working days or once in a week.
53. Compensatory Holidays: If any worker is deprived from holiday, he shall be compensated by holiday within a
month or by next month positively, with equal no of holidays he has been deprived for.
54. Daily Working Hours: Not more than 09 hours.
55. Interval for Rest: Half an hour, not to exceed 05 hrs of continue working. Continue work not to exceed 06 hrs.
56. Spread Hours: Including rest total working hrs should not exceed 10.5 hrs.
57. Night Shift: If a worker works for extended hrs after even mid-night, 24 hrs rest to be given.
58. Overlapping of Shift to be Prohibited: At a time worker in one shift not to be deployed at other place.
59. Extra Wages For Over Time: Twice of the normal wages per hrs, worked beyond working hrs.
Extra Wages Limit: Not to exceed 60 Hrs/week and 75 hrs (in total)/month.
60. Restriction on Double Employment: No worker can have employment at same period in two places / Factory.
61. Notice Periods of Work for Adult: Notice for the period of work for workers to be clearly displayed on board.
62. Register of Adult Workers: a) Worker’s Register to be maintained and be available to Inspector during
working hrs, showing Name, Address, Nature of Work, Shift and group (if any).
b) No worker shall be allowed to work unless his name and other particulars are entered in Register.
63. Hrs of work Correspond with Rule 61 & 62: Adult worker shall be allowed to work in any factory only as per
notice of periods of work for adults, displayed in the factory. Entries made before-hand against his name in the
register of adult workers.
64. Power to make exempting Rules: State govt. has power to make exempting rules in working hrs.
65. Power to make exempting orders: State govt. has power to make exempting rules in working hrs for factory.
66. Further Restrictions on Employment of Women: Female to be employed between 6 Am to 7 PM. In any case
they should not be employed between 10 PM to 6 AM.

CHAPTER VII (EMPLOYMENT OF YOUNG PERSONS)

67. Employment of Young Person: < 14 years of age, young person not to be employed in any factory.
68. Non-Adult Person to carry Token: Young person (14 to 17 Yrs) is issued a token by factory manager on behalf
of his fitness certificate. That he has to carry at all time during work in factory and show to Inspector on demand.
69. Certificate of Fitness: a) A certifying surgeon to ascertain fitness of young person, on the application of young
person or his parent or guardian accompanied by a document signed by the manager of a factory, for work in that
factory.
b) The certificate would be valid only for twelve months, from the date of issue of such certificate of fitness

70. Effect of certificate of fitness granted to adolescent: An adolescent granted a certificate of fitness to work in a
factory as an adult and who while at work in a factory carries a token, shall be deemed to be an adult.
b) No female or male adolescent (14-17yrs) but who has been granted a certificate of fitness to work in a factory
as an adult, shall be allowed to work in any factory except between 6 A.M. and 7 P.M

71. Working hours for children: a) No children shall not be allowed to work more than 4.5 hrs
b) No child shall be employed for work at night (12 Hrs which includes period 10 PM to 6 AM).
c) No child shall be allowed to work in two factories in a day.
d) No female child to work in between 07 PM to 08 AM.

72. Notice of Periods of Work for children: a) There shall be displayed and correctly maintained in every factory in
which children are employed.
b) The notice of Periods shall be fixed beforehand in accordance with the method laid down for adult workers in
section 61, and such that children working for those periods in one factory, would not be working in other factory.

73. Register of Child Workers: Same as Adult worker along with Sl no. Certificate of Fitness (under Section 69).

74. Hours of work to correspond with notice under section 72 and Register under section 73: In any factory child
shall be employed in accordance with the notice of periods of work for children, displayed in the factory and the
entries against his name in the register of child workers.

75. Power to require medical examination: a) A Factory inspector can issue notice for Medical Examination / re-
examination to Occupier / Manager of factory, if he has opinion that any person is working without fitness
certificate is young person.
b) A young person working in factory is no longer fit to work therein.

76. Power to Make Rules: a) State Govt. can make rules for prescribing the forms of Medical Fitness Certificate.
b) Prescribing the physical standards to be attained by children and adolescents working in factories.
c) Regulating the procedure of Certifying Surgeons and specifying other duties of Surgeons under Chapter VII.

CHAPTER-VIII (ANNUAL LEAVE WITH WAGES)

79. ANNUAL LEAVE WITH WAGES: Every worker who has worked for 240 days or more, during a calendar year
shall be allowed for leave in subsequent year (with wages) @ 01 Day for every 20 days of work (for Adult).
b) If child, 01 day for every 15 days of work.
c) Maternity Leave for female workers up to 12 Weeks.
d) The leave earned in a year that will be given in subsequent year and those will be excluding holidays falling
during or at end of leave period. Also worker should apply for leave at least 15 days in advance from day of leave
commenced, such that his suitable substitute can be arranged for the job in his absence.
e) Calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's
leave, and fraction of less than half a day shall be omitted.

80. Wages During Leave Period: a) A worker shall be entitled to wages@ equal to the daily average of his total full
time earnings for the days on which he actually worked during the month immediately preceding his leave
(exclusive of any overtime and bonus).

81. Advance Payment for Leave: A worker granted leave for equal or >4 days (adult) and >five days (Child) shall,
before his leave begins, be paid the wages due for the period of the leave allowed.

82. Mode of Recovery of Unpaid Wages: If any sum not paid by an employer, under this Chapter but to be paid,
shall be recoverable as delayed wages under the provisions of the Payment of Wages Act 1936 (4 of 1936).
83. Power to Make Rules: State Govt. can make rules to direct managers of factories to keep registers containing
such particulars as may be prescribed and required registers to be made available for examination by Inspectors.

84. Power to Exempt Rules: If the State Government feels that leave rules applicable to workers in a factory
provides benefits are more favorable. The State Govt. can give written order to exempt the factory from all or any
of the provisions of this Chapter subject to such conditions as may be specified in the order.

CHAPTER IX (SPECIAL PROVISIONS)

85. Power to Apply Factory Act in Certain Premises: The State Govt. may, by notification in the Official Gazette,
declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is
carried on with or without the aid of power, where:
a) If the number of workers are 10 or more (with Power) & 20 or more (without Power)
b) The persons working therein are not employed by the owner thereof but are working with the permission of, or
under agreement with Owner. In such cases the unit deemed to be factory and Owner Occupier.

86. Power to Exempt Public Institutions: a) State Govt. may exempt any public Institution/Workshop / Work Place
where manufacturing process is being carried out and those are attached to an institution maintained for
education, Training, research or reformation, from all or any part of provision of Factory Act.
b) No exemption shall be granted from the provisions relating to hours of work and holidays, unless Owner having
of institution submits request, for the approval of the State Government and State Government is satisfied that
the provisions of the scheme are not less favorable than the corresponding provisions.

87. Dangerous Operations: If State Govt. is of feels that any manufacturing process or operation carried on is a
factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease. It may make
rules applicable to such factory(s) in which manufacturing process or operation is carried on
a) Specifying the manufacturing process or operation and declaring it to be dangerous.
b) Prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or
operation
c) Providing periodical medical examination of persons employed, or seeking employment, in manufacturing
process or operation and prohibiting the employment of persons not certified as fit for such employment.
d) Providing for the adequate protection of all persons employed in the manufacturing process or operation or in
the vicinity of the place(s) where it is carried on.
e) Prohibiting, restricting or controlling the use of any specified material(s) or process(es) in connection with the
manufacturing process or operation.

87A. Power to Prohibit Employment on Account of Serious Hazard: a ) If Inspector feels that conditions in a
factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons
employed therein or to the general public in the vicinity. He may, by order in writing to the occupier of the factory,
state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious
hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the
minimum number of persons necessary to attend to the minimum tasks till the hazard is removed.
b) Any order issued by the Inspector shall have effect for a period of three days until extended by the Chief
Inspector by a subsequent order.
c) Any person aggrieved by an order of the Inspector and the Chief Inspector under sub-section shall have the right
to appeal to the High Court.
d) Any person whose employment has been affected by an order issued shall be entitled to wages and other
benefits occupier to have alternative employment wherever possible and in the manner prescribed.

88. Notice of Certain Accidents: a) In case of fatal, accident, or LTI or which is of such nature as prescribed. The
manager of factory shall send notice authorities, and in such form and within such time, as may be prescribed.
b) When notice relates to fatal accident, the authority to whom the notice is sent shall make an inquiry into the
occurrence within one month of the receipt of the notice or, if such authority is not the Inspector, cause the
Inspector to make an inquiry within the said period.
c) The State Government may make rules for regulating the procedure at inquiries under this section.

88A. Notice of certain dangerous occurrences: Where in a factory any dangerous occurrence of such nature as
may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall
send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

89. Notice of certain diseases: a) If worker in a factory contracts any disease, the manager of the factory shall
send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
b) If any medical practitioner attends on a person who is or has been employed in a factory, and who is or is
believed by the medical practitioner to be, suffering from any disease, the medical practitioner shall without delay
send a detailed report in writing to the office of the Chief Inspector stating the worker’s name, Address of worker
& factory, Type of Disease etc.
c) When the report is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon
or otherwise, that the person is suffering from a disease, he shall pay to the medical practitioner such fee as may
be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the
factory in which the person contracted the disease.
d) If any medical practitioner fails to comply with the provisions of sub-section (b), he shall be punishable with fine
which may extend to one thousand-rupees.

90. Power to Direct Enquiry into Cases of Accident or Disease: a) The State Govt. can appoint a competent person
to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in
Schedule (c) has been, or is suspected to have been, contracted in a factory, and may also appoint one or more
persons possessing legal or special knowledge to act as assessors in such inquiry.
b) Person appointed to hold an inquiry will have all the powers of a Civil Court under the Code of Civil Procedure,
1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of
documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry,
exercise any of the powers of an Inspector under this Act; and every person required by the person making the
inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176
of the Indian Penal Code (45 of 1860.

91. Power to take Sample: a) An Inspector may at any time during the normal working hours of a factory, after
informing the occupier or manager of the factory or other person for the time being purporting to be in charge of
the factory, take in the manner hereinafter provided a sufficient sample of any substance used or intended to be
used in the factory for the provisions of this Act or the rules made.
b) In the opinion of the Inspector likely to cause bodily injury to, or injury to the health or, workers in the factory.
c) Where the Inspector takes a sample under sub-section (a), he shall, in the presence of the person informed
under that sub-section unless such person willfully absents himself, divide the sample into three portions and
effectively seal and suitably mark them, and shall permit such person to add his own seal and mark.
d) He will give one portion of the sample to the person informed under sub-section (a) Second portion to Govt.
Analyst and Third portion with him to produce it before court.

91A. Safety and occupational health surveys: a) Chief Inspector, or the Director General of Factory Advice Service
and Labour Institutes, or the Director General of Health Services (Govt. of India), or such other officer as may be
authorised in this behalf by State Government or Chief Inspector or Director General of Factory Advice Service and
Labour Institutes or the Director General of Health Services may, at any time during normal working hours of a
factory, or at any other time as is found by him to be necessary, after giving notice in writing to occupier or
manager of the factory or any other person who for the time being purports to be in charge of the factory,
undertake safety and occupational health surveys.
 CHAPTER X (PENALTIES AND PROCEDURE)

92. General Penalty for Offences: a) In any factory if there is any contravention of any of the provisions of this
Act or of any rules made or of any order in writing given, the occupier and manager of the factory shall each be
guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine
which may extend to one lakh rupees or with both, and if the contravention is continued after conviction, with a
further fine which may extend to one thousand rupees for each day on which the contravention is so continued.
b) Where contravention of any of the provisions of Chapter IV or any rule made in section 87 has resulted in an
accident causing death or serious bodily injury, the fine shall not be less than twenty five thousand in the case of
an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.
In this section and in section 94 "serious bodily injury" means an injury which involves, or in all probability will
involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury
to, sight or hearing, or the fracture of any bone.

93. Liability of owner of premises in certain circumstances: a) In any premises separate buildings are leased to
different occupiers for separate factories, owner of premises shall be responsible for provision and maintenance
of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.
b) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the
owner of the premises in respect of the carrying out of the provisions of sub-section (a).

94. Enhanced penalty after previous conviction: a) If any person who has been convicted of any offence
punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall
be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with
fine which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both.

95. Penalty for obstructing Inspector: a) Whoever willfully obstructs an Inspector in the exercise of any power
conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers or other
documents in his custody kept in pursuance of this Act or of any rules made, or conceals or prevents any worker in
a factory from appearing before, or being examined by, an Inspector, shall be punishable with imprisonment for a
term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

96. Penalty for wrongfully disclosing results of analysis: Whoever, except in so far as it may be necessary for the
purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the
results of an analysis, shall be punishable with imprisonment for a term which may extend to six months or with
fine which may extend to ten thousand rupees or with both.

97. Offences by workers: If any worker employed in a factory contravenes any provision of this Act or any rules or
orders, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five
hundred rupees.

98. Penalty for using false certificate of fitness: Whoever knowingly uses or attempts to use, as a certificate of
fitness granted to himself, a certificate granted to another person under that section, or who, having procured
such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be
punishable with imprisonment for a term which may extend to two month or with fine which may extend to one
thousand rupees or with both.

99. Penalty for permitting double employment of child: If a child works in a factory on any day on which he has
already been working in another factory, the parent or guardian of the child or the person having custody of or
control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to
one thousand rupees unless it appears to the Court that the child so worked without the consent or connivance of
such parent, guardian or person.
101. Exemption of Occupier/Manager from Liability in Certain Cases: Occupier/Manager of a factory can give
written application to prosecutor within three days that he has used prescribed measures to enforce Factory Act.

b) The person committed not in his consent / knowledge.

108. Display of Notices: a) In every factory abstract of Factory Act. to be displayed and the Name & Address of
Inspector and Certifying surgeon should be clearly mentioned.
b) Abstract of Factory Act in Local Language and in English so that majority of the workers can understand it. Chief
Inspector can also direct the Occupier to display HSE and Welfare posters for the knowledge of workers.

109. Service of Notices: a) State Govt. may make rules prescribing the manner of the manner of following orders
to managers, occupiers or Owners of factories.

110. Returns: State Govt. can make rules for Owners, Occupiers or Manager of factories to submit such returns
Occasional or Periodical as required for this act.

111. Obligation of Workers: a) No worker shall willfully interfere or misuse any appliances provided in factory for
the purpose of securing Health, Safety or Welfare of worker.
b) No worker shall willfully or without reasonable cause do anything which may cause danger to himself or others.
c) No worker shall neglect to use of any appliance provided in factory for safety of him-self or others.
d) If any worker does so than he shall be punishable for an imprisonment which may extend to 03 Months or
penalty of Rs. 1000/- or both.

111A. Right of Workers: a) Every worker has right to obtain information about health and safety at work.
b) Shall have right to be trained for the purpose of Safety and health at work by Occupier.
c) Can approach Inspector directly or through his rep. related to inadequate provision for protection of his health
and safety at work.

112. General Power to Make Rules: a) State Govt. has power to make rules for any matter under this act.

113. Powers of Centre to give Directions: a) Central Govt. can direct State Govt. as to carry out executions of
provisions of this act.

114. No Charge for Facilities and Conveniences: No Occupier /Factory can charge or realized from any worker for
any facility arrangement at factory provided to worker.

115. Publication of Rules: All rules made under this act shall be published in Official Gazette.

116. Application of act to Govt. Factories: This act shall be applicable to all factories of Central/State Govt.

117. Protection to Person Acting Under Factory Act: No suit, Prosecution or other legal proceedings shall lie
against person appointed for anything which is in good faith of above or intended to be done under factory act.

118. Restriction on Disclosure of Information: a) No Inspector shall disclose any information related to any
manufacturing plant or commercial business or working process, while ii service or even after leaving service.
b) Every inspector shall treat the source of any complain brought in to his notice as confidential.