The Factories Act,1948

POWER OF COURT TO MAKE ORDERS
(1) Where the occupier or manager of a factory is convicted of an offence punishable under
this Act the Court may, in addition to awarding any punishment, by order in writing
require him, within a period specified in the order (which the Court may, if it thinks fit
and on application in such behalf, from time to time extend) to take such measures as may
be so specified for remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1), the occupier or manager of the factory, as
the case may be, shall not be liable under this Act in respect of the continuation of the
offence during the period or extended period, if any, allowed by the Court, but if, on the
expiry of such period or extended period, as the case may be, the order of the Court has
not been fully complied with, the occupier or manager, as the case may be, shall be deemed
to have committed a further offence, and may be sentenced therefor by the Court to undergo
imprisonment for a term which may extend to six months or to pay a fine which may
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extend to one hundred rupees for every day after such expiry on which the order has not
been complied with, or both to undergo such imprisonment and to pay such fine, as
aforesaid.
PRESUMPTION AS TO EMPLOYMENT
If a person is found in a factory at any time, except during intervals for meals or rest, when
work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed
for the purposes of this Act and the rules made thereunder to have been at that time employed
in the factory.
ONUS AS TO AGE
(1) When any act or omission would, if a person were under a certain age, be an offence
punishable under this Act, and such person is in the opinion of the Court prima facie
under such age, the burden shall be on the accused to prove that such person is not under
such age.
(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally
examined him and believes him to be under the age stated in such declaration shall, for
the purposes of this Act and the rules made thereunder, be admissible as evidence of the
age of that worker.
ONUS OF PROVING LIMITS OF WHAT IS PRACTICABLE, ETC
In any proceeding for an offence for the contravention of any provision of this Act or rules
made thereunder consisting of a failure to comply with a duty or requirement to do something,
it shall be for the person who is alleged to have failed to comply with such duty or requirement,
to prove that it was not reasonably practicable, or, as the case may be, all practicable measures
were taken to satisfy the duty or requirement.
COGNIZANCE OF OFFENCES
(1) No Court shall take cognizance of any offence under this Act except on complaint by, or
with the previous sanction in writing of, an Inspector.
(2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall
try any offence punishable under this Act.
LIMITATION OF PROSECUTIONS
No Court shall take cognizance of any offence punishable under this Act unless complaint
thereof is made within three months of the date on which the alleged commission of the offence
came to the knowledge of an Inspector :
Provided that where the offence consists of disobeying a written order made by an Inspector,
complaint thereof may be made within six months of the date on which the offence is alleged
to have been committed.
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Explanation : For the purposes of this section,—
(a) In the case of a continuing offence, the period of limitation shall be computed with reference
to every point of time during which the offence continues;
(b) Where for the performance of any act time, is granted or extended on an application made
by the occupier or manager of a factory, the period of limitation shall be computed from
the date on which the time so granted or extended, expired.
JURISDICTION OF A COURT FOR ENTERTAINING PROCEED-INGS, ETC., FOR
OFFENCE
For the purposes of conferring jurisdiction on any court in relation to an offence under this Act
or the rules made thereunder in connection with the operation of any plant, the place where
the plant is for the time being situate shall be deemed to be the place where such offence has
been committed.
APPEALS
(1) The manager of a factory on whom an order in writing by an Inspector has been served
under the provisions of this Act or the occupier of the factory may, within thirty days of
the service of the order, appeal against it to the prescribed authority, and such authority
may, subject to rules made in this behalf by the State Government, confirm, modify or
reverse the order.
(2) Subject to rules made in this behalf by the State Government (which may prescribe classes
of appeals which shall not be heard with the aid of assessors), the appellate authority
may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors,
one of whom shall be appointed by the appellate authority and the other by such body
representing the industry concerned as may be prescribed :
Provided that if no assessor is appointed by such body before the time fixed for hearing
the appeal, or if the assessor so appointed fails to attend the hearing at such time, the
appellate authority may, unless satisfied that the failure to attend is due to sufficient cause,
proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the
aid of any assessor.
(3) Subject to such rules as the State Government may make in this behalf and subject to such
conditions as to partial compliance or the adoption of temporary measures as the appellate
authority may in any case think fit to impose, the appellate authority may, if it thinks fit,
suspend the order appealed against pending the decision of the appeal.
DISPLAY OF NOTICES
(1) In addition to the notices required to be displayed in any factory by or under this Act,
there shall be displayed in every factory a notice containing such abstracts of this Act and
of the rules made thereunder as may be prescribed and also the name and address of the
Inspector and the certifying surgeon.
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(2) All notices required by or under this Act to be displayed in a factory shall be in English
and in a language understood by the majority of the workers in the factory, and shall be
displayed at some conspicuous and convenient place at or near the main entrance to the
factory, and shall be maintained in a clean and legible condition.
(3) The Chief Inspector may, by order in writing served on the manager of any factory, require
that there shall be displayed in the factory any other notice or poster relating to the health,
safety or welfare of the workers in the factory.
SERVICE OF NOTICE
The State Government may make rules prescribing the manner of the service of orders under
this Act on owners, occupiers or managers of factories.
RETURNS
The State Government may make rules requiring owners, occupiers or managers of factories to
submit such returns, occasional or periodical, as may in its opinion be required for the purposes
of this Act.
OBLIGATIONS OF WORKERS
(1) No worker in a factory—
(a) Shall wilfully interfere with or misuse any appliance, convenience or other thing
provided in a factory for the purposes of securing the health, safety or welfare of the
workers therein;
(b) Shall wilfully and without reasonable cause do anything likely to endanger himself or
others; and
(c) Shall wilfully neglect to make use of any appliance or other thing provided in the
factory for the purposes of securing the health or safety of the workers therein.
(2) If any worker employed in a factory contravenes any of the provisions of this section or of
any rule or order made thereunder, he shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to one hundred rupees,
or with both.
RIGHT OF WORKERS, ETC
Every worker shall have the right to—
(i) Obtain from the occupier, information relating to workers’ health and safety at work;
(ii) Get trained within the factory wherever possible, or, to get himself sponsored by the
occupier for getting trained at a training centre or institute, duly approved by the
Chief Inspector, where training is imparted for workers’ health and safety at work;
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(iii) Represent to the Inspector directly or through his representative in the matter of
inadequate provision for protection of his health or safety in the factory.
GENERAL POWER TO MAKE RULES
The State Government may make rules providing for any matter which, under any of the
provisions of this Act, is to be or may be prescribed or which may be considered expedient in
order to give effect to the purposes of this Act.
POWERS OF CENTRE TO GIVE DIRECTIONS
The Central Government may give directions to a State Government as to the carrying into
execution of the provisions of this Act.
NO CHARGE FOR FACILITIES AND CONVENIENCES
Subject to the provisions of section 46 no fee or charge shall be realised from any worker in
respect of any arrangements or facilities to be provided, or any equipments or appliances to be
supplied by the occupier under the provisions of this Act.
PUBLICATION OF RULES
(1) All rules made under this Act shall be published in the Official Gazette, and shall be
subject to the condition of previous publication; and the date to be specified under clause
(3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall be not less than fortyfive
days from the date on which the draft of the proposed rules was published.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be
after it is made, before the State Legislature.
APPLICATION OF ACT TO GOVERNMENT FACTORIES
Unless otherwise provided, this Act shall apply to factories belonging to the Central or any
State Government.
PROTECTION TO PERSONS ACTING UNDER THIS ACT
No suit, prosecution or other legal proceeding shall lie against any person for anything which
is in good faith done or intended to be done under this Act.
RESTRICTION ON DISCLOSURE OF INFORMATION
(1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in
connection with the execution, or for the purposes, of this Act any information relating to
any manufacturing or commercial business or any working process which may come to
his knowledge in the course of his official duties.
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(2) Nothing in sub-section (1) shall apply to any disclosure of information made with the
previous consent in writing of the owner of such business or process of for the purposes of
any legal proceeding (including arbitration) pursuant to this Act or of any criminal
proceeding which may be taken, whether pursuant to this Act or otherwise, or for the
purpose of any report of such proceedings as aforesaid.
(3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
RESTRICTION ON DISCLOSURE OF INFORMATION
(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice
on the breach of any provision of this Act.
(2) No inspector shall, while making an inspection under this Act, disclose to the occupier,
manager or his representative that the inspection is made in pursuance of the receipt of a
complaint : Provided that nothing in this sub-section shall apply to any case in which the
person who has made the complaint has consented to disclose his name.