FACTORIES ACT, 1948

Object of the Act

 To ensure adequate safety measures to
workers; and
 To promote health and welfare of the

workers employed in factories initiating

various measures from time to time to ensure
that adequate standards of safety, health and
welfare are achieved at all work places.
What is Factory?
(Sec.2(m))

Definition of Factory includes—

 Number of members employed (ten) with or

without the aid of the power(twenty) and

 Involvement of Manufacturing process
What is Manufacturing Process?
(Sec.2(k))
 An article or a thing must commercially
known as something different from which it
acquired. To constitute a manufacturing
process, there must be some transformation
from raw material stage to its original shape.
It means there must some process be taken
place to bring it into its actual shape for
salability.
 Purchasing of Milk from members to sell the
same by preserving any article such as milk in
cold storage is ----Kumbakonam Milk Supply
co-operative society represented by its
secretary v. Regional Director, ESIC, Madras
(2003) III LLJ 416(Mad);
 Preparation of food stuffs and other eatables in
the kitchen of a restaurant and use of a
refrigerator for its sale – Uttaranchal Forest
Development Corporation and Another v. Jabar
Singh and Others, 2007 II LLJ 95 (SC)
Conversion of Raw films into a finished
product– Re: K.V.V. Sarma, Manager, ... v.
Unknown, AIR 1953 Mad 269
 Preparation of food stuffs and other eatables

in the kitchen of a restaurant and use of a

refrigerator for its sale ----- New Taj Mahal
Café Ltd, Mangalore v. Inspector of Factories,
Mangalore(1956) 1 LLJ 273;
 The work of stripping stalks from the tobacco
leaves ---V. P. Gopala Rao Vs. Public
Prosecutor, Andhra Pradesh,AIR1970SC66;
 The activity of pumping petroleum by aid of

power ----Noorul Hasan Hamid Hussain petrol

pump and another v. Deputy Director, ESI,
Corporation, Kanpur(2003) II LLJ341(All);
 The process of transforming and transmitting

electrical energy--- Nagpur Electric Light and

Power Co.Ltd v. The Regional Director, ESI, AIR
1967 SC 1364.
Does not amount to manufacturing
process
 Conversion of High voltage into low voltage
and distribution of Electricity ----Gujarat
State Electricity Board v. State of Gujarat and
another, (1984) II LLJ 370(Guj);
WHO IS AN OCCUPIER?
(Sec.2(n))

A remote but ultimate control clothes a person

with the position of occupier.
"2(n) "Occupier" of a factory means the person,
who has ultimate control over the affairs of
the factory, Provided that
 Prior to Amendment of 1987 "2(n) "occupier"
of a factory means the person who has
ultimate control over the affairs of the
factory, and where the said affairs are
entrusted to a managing agent, such agent
shall be deemed to be the occupier of thee
factory;
 In the landmark case of J. K. Industries Ltd vs Chief
Inspector of Fisheries and Boilers (1996 (7) SCALE 247),
the Supreme Court observed that by the Amending Act,
1987, the legislature wanted to bring in a sense of
responsibility in the minds of those who have the
ultimate control over the affairs of the factory so that
they take proper care for maintenance of the factories
and the safety measures therein. The fear of penalty and
punishment is bound to make the board of directors of
the company more vigilant and responsive to the need
to carry out various obligations and duties under the
Act, particularly in regard to the safety and welfare of
the workers.
Duties of the occupier
 (a) General Duties (under Sec.7-A) with reference to
the arrangement of the plant and other systems in
the factory and other duties relating to the
submission of necessary information to the
prescribed authorities.(Sec.49, 91-A,and 110)
 (b) Special Duties relating to Hazardous processes
in factories Under Sec.41-B and 41-c(b)
General provisions

 i) In every factory wherein 500 or more workers are

ordinarily employed, the employer shall employ in
the factory prescribed number of welfare officers
(Sec. 49);
 ii) The occupier shall afford all facilities for such

survey, including facilities for the examination and

testing of plant and machinery and collection of
samples and other data relevant to the survey (Sec.
91A); and
 iii) The occupier has to submit required returns,

occasional or periodical, to the prescribed

authorities (Sec. 110).
 Penal provisions
 i) The occupier and manager 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 Rs. 1 lakh or with both for any contravention
of any of the provisions of the Act or any of the rules
made there under. In case the contravention is continued
after conviction, with a further fine which may extend to
Rs. 1,000 for each day during which the contravention so
continues (Sec. 92).Sec. 92 contemplates a joint liability
of the occupier and the manager for any offence
committed irrespective of the fact as to who is directly
responsible for the offence.
 ii) In case the occupier is again guilty of an offence
involving contravention of an offence punishable under
Sec. 92, 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 Rs. 10,000
but which may extend to Rs. 2,00,000, or both (Sec. 94).
 iii) Sec. 95 lays down penalty of punishment with
imprisonment for six months or fine of Rs. 10,000 or both
for wilfully obstructing an Inspector in the exercise of any
powers conferred on him by or under this Act or failing to
produce any registers and other documents to him on
demand or concealing or preventing any workers from
appearing before or being examined by the Inspector.
 iv) Sec. 96A provides punishment with seven years imprisonment
or fine which may extend to Rs. 2,00,000 for the non-compliance
with, or contravention of, any of the provisions of Sec. 41B, 41C
or 41H or rules made there under by any person. In case the
failure or contravention continues, with additional fine which may
extend to Rs. 5,000 for every day during which such failure or
contravention continues after the contravention for the first such
failure or contravention. If such failure continues beyond a period
of one year after the date of conviction, the offender shall be
punishable with imprisonment for a term which may extend to 10
years.
 v) The court may, in addition to awarding any punishment,

require the occupier to take measures so specified for remedying

the matters in respect of which the offence was committed (Sec.
102).
Health provisions(Sec11-20)
Section 11: This section basically specifies the issues of cleanliness at the
workplace. It is mentioned in the provision that every factory shall be
kept clean and free from effluvia arising from any drain, privy or other
nuisance. This includes that there should be no accumulation of dirt and
refuse and should be removed daily and entire area should be kept
clean.

Section 12: This section specifies on disposal of wastes and effluents.

That every factory should make effective arrangements for the treatment
of wastes and effluents due to the manufacturing process carried on
therein, so as to render them innocuous and for their disposal.

Section 13: This section focuses on ventilation and temperature

maintenance at workplace. Every factory should work on proper
arrangements for adequate ventilation and circulation of fresh air.
 Section 14: This section details on the proper exhaustion of dust
and fume in the Factory. In this it is mentioned that factory which
deals on manufacturing process should take care of the proper
exhaustion of dust, fume and other impurities from its origin
point.

Section 15: This section specifies regarding the artificial

humidification in factories. In this the humidity level of air in
factories are artificially increased as per the provision prescribed
by the State Government.

Section 16: Overcrowding is also an important issue which is

specified in this section. In this it is mentioned that no room in
the factory shall be overcrowded to an extent that can be
injurious to the health of workers employed herein.
 Sec.17. Lighting--- In every factory, there shall be provided
sufficient and suitable lighting natural or artificial or both.
 Section 18: This section specifies regarding arrangements for

sufficient and pure drinking water for the workers. There are
also some specified provisions for suitable point for drinking
water supply. As in that drinking water point should not be
within 6 meters range of any washing place, urinal, latrine,
spittoon, open drainage carrying effluents. In addition to this
a factory where there are more than 250 workers provisions
for cooling drinking water during hot temperature should be
made.
 Section 19: This section provides details relating to urinals
and latrine construction at factories. It mentions that in
every factory there should be sufficient accommodation for
urinals which should be provided at conveniently situated
place. It should be kept clean and maintained. There is
provision to provide separate urinals for both male and
female workers.

Section 20: This section specifies regarding proper

arrangements of spittoons in the factory. It is mentioned
that in every factory there should be sufficient number of
spittoons situated at convenient places and should be
properly maintained and cleaned and kept in hygienic
condition.
SAFETY(seC.21-41)
 Section 21: This section specifies that fencing of machinery is necessary. That
any moving part of the machinery or machinery that is dangerous in kind should
be properly fenced.

 State Of Gujarat v. Jethalal Chelabhai Patel 1964 AIR 779



Section 23: This section prescribes that employment of young person on

dangerous machinery is not allowed. In the case where he is been fully instructed
in the usage of the machinery and working under the supervision he might be
allowed to work on it.

Section 24: This section provides provision of striking gear and devices for
cutting off power in case of emergency. Every factory should have special devices
for cutting off of power in emergencies from running machinery. Suitable
striking gear appliances should be provided and maintained for moving belts.

.
 Section 32: In this section it has been specified that all floors,
stairs, passages and gangways should be properly constructed
and maintained, so that there are no chances of slips or fall.

Section 34: This section specifies that no person in any factory

shall be employed to lift, carry or move any load so heavy that
might cause in injury. State Government may specify maximum
amount of weight to be carried by workers.

Section 35: This section provides specification regarding safety

and protection of eyes of workers. It mentions that factory
should provide specific goggles or screens to the workers who
are involved in manufacturing work that may cause them injury
to eyes.
 Section 36: As per this section it is provided that no worker shall be
forced to enter any chamber, tank, vat, pit, pipe, flue or other confined
space in any factory in which any gas, fume, vapour or dust is likely to
be present to such an extent as to involve risk to persons being
overcome thereby.

Section 38: As per this section there should be proper precautionary

measures built for fire. There should be safe mean to escape in case of
fire, and also necessary equipments and facilities to extinguish fire.

Section 45: This section specifies that in every factory there should be
proper maintained and well equipped first aid box or cupboard with the
prescribed contents. For every 150 workers employed at one time, there
shall not be less than 1 first aid box in the factory. Also in case where
there are more than 500 workers there should be well maintained
ambulance room of prescribed size and containing proper facility.
Special provisions to women
 Women are prohibited from working between
7.00 pm to 6.00 am.
 There has been a recent amended to allow
women to work in night shift in certain sectors
including the Special Economic Zone (SEZ), IT
sector and Textiles. This is subject to the
condition that the employers shall be obligated
to provide adequate safeguards in the
workplace, equal opportunity, their
transportation from the factory premises to the
nearest point of their residence.
 Section 22 of the Act prohibits that no woman 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, if that would expose the woman to
risk of injury from any moving part either of that
machine or of any adjacent machinery.
 Section 27 of the Act provides that no woman shall

be employed in any part of a factory for pressing

cotton in which a cotton-opener is at work.
Penalties for contravention of laws relating to
safety and health of the workers
 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.
 Contravention causing death or serious bodily injury
- fine not less than Rs.25,000 in case of death and
not less than Rs.5000 in case of serious injuries.
 Continuation of contravention - imprisonment upto
3 years or fine not less than Rs.10,000 which may
extend to Rs.2,00,000.
 On contravention of Chapter IV pertaining to safety
or dangerous operation.
Welfare(Sec.42-50)
 Welfare Provisions in the Factories Act
 (i) Washing facilities (Sec.42);
 (ii) Facilities for storing and drying clothes

(Sec.43);
 (iii) Facilities for sitting (Sec.44);
 (iv) First-aid appliances (Sec.45);
 v) Canteens (Sec.46)– In factories employing
more than 250 workers, there shall be a canteen
for the use of workers. The government may
prescribe the rules in respect of the —
 Food stuff to be served in the canteen;

 — Charges to be made;
 — Constitution of a managing committee for

the canteen; and

 — Representation of the workers in the

management of the canteen.40

 vi) Shelters, restrooms and lunch rooms
(Sec.47)–
 Adequate and suitable shelters, rest rooms,

and lunch rooms with drinking water facility

shall be made in factories employing 150
workers or more. Workers can eat meals
brought by them in such rooms. Rest and
lunch rooms shall be sufficiently lighted and
ventilated. It shall be maintained in cool and
clean conditions.44
(vii) Creches (Sec.48);;
(viii) Welfare Officers (Sec.49)
 V.P. Gopala Rao V. Public Prosecutor, Andhra
Pradesh, AIR 1970 SC 66;