The Factories Act,1948

NIGHT SHIFTS
Where a worker in a factory works on a shift which extends beyond midnight,—
(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a
period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning
when such shift ends, and the hours he has worked after midnight shall be counted in the
previous day.
PROHIBITION OF OVERLAPPING SHIFTS
(1) Work shall not be carried on in any factory by means of a system of shifts so arranged that
more than one relay of workers is engaged, in work of the same kind at the same time.
(2) The State Government or subject to the control of the State Government, the Chief Inspector,
may, by written order and for the reasons specified therein, exempt on such conditions as
may be deemed expedient, any factory or class or description of factories or any department
or section of a factory or any category or description of workers therein from the provisions
of sub-section (1).
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EXTRA WAGES FOR OVERTIME
(1) Where a worker works in a factory for more than nine hours in any day or for more than
forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages
at the rate of twice his ordinary rate of wages.
(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus
such allowances, including the cash equivalent of the advantage accruing through the
concessional sale to workers of foodgrains and other articles, as the worker is for the time
being entitled to, but does not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed
to be equivalent to the daily average of their full-time earnings for the days on which they
actually worked on the same or identical job during the month immediately preceding the
calendar month during which the overtime work was done, and such time rates shall be
deemed to be the ordinary rates of wages of those workers :
Provided that in the case of a worker who has not worked in the immediately preceding
calendar month on the same or identical job, the time rate shall be deemed to be equivalent
to the daily average of the earnings of the worker for the days on which he actually worked
in the week in which the overtime work was done.
Explanation : For the purposes of this sub-section, in computing the earnings for the days on
which the worker actually worked such allowances, including the cash equivalent of the
advantage accruing through the concessional sale to workers of foodgrains and other articles,
as the worker is for the time being entitled to, shall be included but any bonus or wages for
overtime work payable in relation to the period with reference to which the earnings are being
computed shall be excluded.
(4) The cash equivalent of the advantage accruing through the concessional sale to a worker
of foodgrains and other articles shall be computed as often as may be prescribed on the
basis of the maximum quantity of foodgrains and other articles admissible to a standard
family.
Explanation 1 : Standard family means a family consisting of the worker, his or her spouse and
two children below the age of fourteen years requiring in all three adult consumption units.
Explanation 2 : Adult consumption unit means the consumption unit of a male above the age
of fourteen years; and the consumption unit of a female above the age of fourteen years and
that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6
respectively of one adult consumption unit.
(5) The State Government may make rules prescribing -
(a) The manner in which the cash equivalent of the advantage accruing through the
concessional sale to a worker of foodgrains and other articles shall be computed; and
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(b) The registers that shall be maintained in a factory for the purpose of securing
compliance with the provisions of this section.
RESTRICTION ON DOUBLE EMPLOYMENT
No adult worker shall be required or allowed to work in any factory on any day on which he
has already been working in any other factory, save in such circumstances as may be prescribed.
NOTICE OF PERIODS OF WORK FOR ADULTS
(1) There shall be displayed and correctly maintained in every factory in accordance with the
provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing
clearly for every day the periods during which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in
accordance with the following provisions of this section, and shall be such that workers
working for those periods would not be working in contravention of any of the provisions
of sections 51, 52, 53, 54, 55, 56 and 58.
(3) Where all the adult workers in a factory are required to work during the same periods, the
manager of the factory shall fix those periods for such workers generally.
(4) Where all the adult workers in a factory are not required to work during the same periods,
the manager of the factory shall classify them into groups according to the nature of their
work indicating the number of workers in each group.
(5) For each group which is not required to work on a system of shifts, the manager of the
factory shall fix the periods during which the group may be required to work.
(6) Where any group is required to work on a system of shifts and the relays are not to be
subject to predetermined periodical changes of shifts, the manager of the factory shall fix
the periods during which each relay of the group may be required to work.
(7) Where any group is to work on a system of shifts and the relays are to be subject to
predetermined periodical changes of shifts, the manager of the factory shall draw up a
scheme of shifts whereunder the periods during which any relay of the group may be
required to work and the relay which will be working at any time of the day shall be
known for any day.
(8) The State Government may prescribe forms of the notice required by sub-section (1) and
the manner in which it shall be maintained.
(9) In the case of a factory beginning work after the commencement of this Act, a copy of the
notice referred to in sub-section (1) shall be sent in duplicate to the Inspector before the
day on which work is begun in the factory.
(10) Any proposed change in the system of work in any factory which will necessitate a change
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in the notice referred to in sub-section (1) shall be notified to the Inspector in duplicate
before the change is made, and except with the previous sanction of the Inspector, no such
change shall be made until one week has elapsed since the last change.
REGISTER OF ADULT WORKERS
(1) The manager of every factory shall maintain a register of adult workers, to be available to
the Inspector at all times during working hours, or when any work is being carried on in
the factory, showing—
(a) the name of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is allotted; and
(e) such other particulars as may be prescribed :
Provided that if the Inspector is of opinion that any muster roll or register maintained as a part
of the routine of a factory gives in respect of any or all the workers in the factory the particulars
required under this section, he may, by order in writing, direct that such muster roll or register
shall to the corresponding extent be maintained in place of, and be treated as, the register of
adult workers in that factory.
(1A) No adult worker shall be required or allowed to work in any factory unless his name and
other particulars have been entered in the register of adult workers.
(2) The State Government may prescribe the form of the register of adult workers, the manner
in which it shall be maintained and the period for which it shall be preserved.
HOURS OF WORK TO CORRESPOND WITH NOTICE UNDER SECTION 61 AND
REGISTER UNDER SECTION 62
No adult worker shall be required or allowed to work in any factory otherwise than in
accordance with the notice of periods of work for adults displayed in the factory and the entries
made beforehand against his name in the register of adult workers of the factory.
POWER TO MAKE EXEMPTING RULES
(1) The State Government may make rules defining the persons who hold positions of
supervisions or management or are employed in a confidential position in a factory or
empowering the Chief inspector to declare any person, other than a person defined by
such rules, as a person holding position of supervision or management or employed in a
confidential position in a factory if, in the opinion of the Chief Inspector, such person
holds such position or is so employed and the provisions of this chapter, other than the
provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that subsection,
shall not apply to any person so defined or declared :
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Provided that any person so defined or declared shall, where the ordinary rate of wages of
such person does not exceed the wage limit specified in sub-section (6) of section 1 of the
Payment of Wages Act, 1936 (4 of 1936), as amended from time to time, be entitled to extra
wages in respect of over time work under section 59.
(2) The State Government may make rules in respect of adult workers in factories providing
for the exemption, to such extent and subject to such conditions as may be prescribed.—
(a) of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55
and 56;
(b) of workers engaged in work in the nature of preparatory or complementary work
which must necessarily be carried on outside the limits laid down for the general
working of the factory, from the provisions of sections 51, 54, 55 and 56;
(c) of workers engaged in work which is necessarily so intermittent that the intervals
during which they do not work while on duty ordinarily amount to more than the
intervals for rest required by or under section 55, from the provisions of sections 51,
54, 55 and 56;
(d) of workers engaged, in ally work which for technical reasons must be carried on
continuously from the provisions of sections 51, 52, 54, 55 and 56;
(e) of workers engaged in making or supplying articles of prime necessity which must be
made or supplied every day, from the provisions of section 51, section 52;
(f) of workers engaged in a manufacturing process which cannot be carried on except
during fixed seasons, from the provisions of section 51, section 52 and section 54;
(g) of workers engaged in a manufacturing process which cannot be carried on except at
times dependent on the irregular action of natural forces, from the provisions of sections
52 and 55;
(h) of workers engaged in engine-rooms or boiler-houses or in attending to power-plant
or transmission machinery, from the provisions of section 51 and section 52;
(i) of workers engaged in the printing of newspapers, who are held up on account of the
breakdown of machinery, from the provisions of sections 51, 54 and 56.
Explanation : In this clause the expression newspapers has the meaning assigned to it in the
Press and Registration of Books Act, 1867 (25 of 1867);
(j) of workers engaged in the loading or unloading of railway wagons, or lorries or trucks
lra-106 ]from the provisions of sections 51, 52, 54, 55 and 56;
(k) of workers engaged in any work, which is notified by the State Government in the
Official Gazette as a work of national importance, from the provisions of section 51,
section 52, section 54, section 55 and section 56.
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(3) Rules made under sub-section (2) providing for any exemption may also provide for any
consequential exemption from the provisions of section 61 which the State Government
may deem to be expedient, subject to such conditions as it may prescribe.
(4) In making rules under this section, the State Government shall not exceed, except in respect
of exemption under clause (a) of sub-section (2), the following limits of work inclusive of
overtime :-
(i) the total number of hours of work in any day shall not exceed ten;
(ii) the spreadover, inclusive of intervals for rest, shall not exceed twelve hours in any
one day:
Provided that the State Government may, in respect of any or all of the categories of workers
referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which,
and the conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall
not apply in order to enable a shift worker to work the whole or part of a subsequent shift in
the absence of a worker who has failed to report for duty;
(iii) the total number of hours of work in a week, including overtime shall not exceed sixty;
(iv) the total number of hours of overtime shall not exceed fifty for any one quarter.
Explanation : “Quarter” means a period of three consecutive months beginning on
the 1st of January, the 1st of April, the 1st of July or the 1st of October.
(5) Rules made under this section shall remain in force for not more than five years.
POWER TO MAKE EXEMPTING ORDERS
(1) Where the State Government is satisfied that, owing to the nature of the work carried on
or to other circumstances, it is unreasonable to require that the periods of work of any
adult workers in any factory or class or description of factories should be fixed beforehand,
it may, by written order, relax or modify the provisions of section 61 in respect of such
workers therein, to such extent and in such manner as it may think fit, and subject to such
conditions as it may deem expedient to ensure control over periods of work.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector,
may by written order exempt, on such conditions as it or he may deem expedient, any or
all of the adult workers in any factory or group or class or description of factories from
any or all of the provisions of sections, 51, 52, 54 and 56 on the ground that the exemption
is required to enable the factory or factories to deal with an exceptional press of work.
(3) Any exemption granted under sub-section (2) shall be subject to the following conditions,
namely :-
(i) The total number of hours of work in any day shall not exceed twelve;
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(ii) The spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any
one day;
(iii) The total number of hours of work in any week, including overtime, shall not exceed
sixty;
(iv) No worker shall be allowed to work overtime, for more than seven days at a stretch
and the total number of hours of overtime work in any quarter shall not exceed seventyfive.
Explanation: In this sub-section “quarter” has the same meaning as in sub-section
(4) Of section 64.
FURTHER RESTRICTIONS ON EMPLOYMENT OF WOMEN
(1) The provisions of this Chapter shall, in their application to women in factories, be
supplemented by the following further restrictions, namely —
(a) No exemption from the provisions of section 54 may be granted in respect of any
women;
(b) No women shall be required or allowed to work in any factory except between the
hours of 6 A.M. and 7 P.M. :
Provided that the State Government may, by notification in the Official Gazette, in
respect of any factory or group or class or description of factories, vary the limits laid
down in clause (b), but so that no such variation shall authorize the employment of
any woman between the hours of 10 P.M. and 5 A.M.; [ lra-114 (c) there shall be no
change of shifts except, after a weekly holiday or any other holiday.
(2) The State Government may make rules providing for the exemption from the restrictions
set out in sub-section (1), to such extent and subject to such conditions as it may prescribe,
of women working in fish curing or fish-canning factories, where the employment of
women beyond the hours specified in the said restrictions is necessary to prevent damage
to or deterioration in, any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more than three years at
a time.
PROHIBITION OF EMPLOYMENT OF YOUNG CHILDREN
No child who has not completed his fourteenth year shall be required or allowed to work in
any factory.
NON-ADULT WORKERS TO CARRY TOKENS
A child who has completed his fourteenth year or an adolescent shall not be required or allowed
to work in any factory unless—
(a) a certificate of fitness granted with reference to him under section 69 is in the custody of
the manager of the factory; and
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(b) such child or adolescent carries while he is at work a token giving a reference to such
certificate.
CERTIFICATES OF FITNESS
(1) A certifying surgeon shall, on the application of any young person or his parent or guardian
accompanied by a document signed by the manager of a factory that such person will be
employed therein if certified to be fit for work in a factory, or on the application of the
manager of the factory in which any young person wishes to work, examine such person
and ascertain his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person, in the
prescribed form, or may renew –
(a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young
person has completed his fourteenth year, that he has attained the prescribed physical
standards and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young
person has completed his fifteenth year, and is fit for a full day’s work in a factory :
Provided that unless the certifying surgeon has personal knowledge of the place where
the young person proposes to work and of the manufacturing process in which he
will be employed, he shall not grant or renew a certificate under this sub-section until
he has examined such place.
(3) A certificate of fitness granted or renewed under sub-section (2) -
(a) shall be valid only for a period of twelve months from the date thereof;
(b) may be made subject to conditions in regard to the nature of the work in which the
young person may be employed, or requiring re-examination of the young person
before the expiry of the period of twelve months.
(4) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2)
if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a
factory.
(5) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the
kind requested or revokes a certificate, he shall, if so requested by any person who could
have applied for the certificate or the renewal thereof, state his reasons in writing for so
doing.
(6) Where a certificate under this section with reference to any young person is granted or
renewed subject to such conditions as are referred to in clause (b) of sub-section (3), the
young person shall not be required or allowed to work in any factory except in accordance
with those conditions.
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(7) Any fee payable for a certificate under this section shall be paid by the occupier and shall
not be recoverable from the young person, his parents or guardian.
EFFECT OF CERTIFICATE OF FITNESS GRANTED TO ADOLESCENT
(1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult
under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries
a token giving reference to the certificate, shall be deemed to be an adult for all the purposes
of Chapters VI and VII.
(1A) No female adolescent or a male adolescent who has not attained the age of seventeen
years but who has been granted a certificate of fitness to work in a factory as an adult,
shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M. :
Provided that the State Government may, by notification in the Official Gazette, in respect
of any factory or group or class or description of factories -
(i) vary the limits laid down in this sub-section so, however, that no such section shall
authorise the employment of any female adolescent between 10 P.M. and 5 A.M.;
(ii) grant exemption from the provisions of this sub-section in case of serious emergency
where national interest is involved.
(2) An adolescent who has not been granted a certificate of fitness to work in a factory as an
adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a
child for all the purposes of this Act.
WORKING HOURS FOR CHILDREN
(1) No child shall be employed or permitted to work, in any factory –
(a) for more than four and a half hours in any day;
(b) during the night. Explanation : For the purposes of this sub-section “night” shall mean
a period of at least twelve consecutive hours which shall include the interval between
10 P.M. and 6 A.M.
(2) The period of work of all children employed in a factory shall be limited to two shifts
which shall not overlap or spread over more than five hours each; and each child shall be
employed in only one of the relays which shall not, except with the previous permission
in writing of the Chief Inspector, be changed more frequently than once in a period of
thirty days.
(3) The provisions of section 52 shall apply also to child workers and no exemption from the
provisions of that section may be granted in respect of any child.
(4) No child shall be required or allowed to work in any factory on any day on which he has
already been working in another factory.
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(5) No female child shall be required or allowed to work in any factory except between 8
A.M. and 7 P.M.
NOTICE OF PERIODS OF WORK FOR CHILDREN
(1) There shall be displayed and correctly maintained in every factory in which children are
employed, in accordance with the provisions of sub-section (2) of section 108 a notice of
period of work for children, showing clearly for every day the periods during which
children may be required or allowed to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in
accordance with the method laid down for adult workers in section 61, and shall be such
that children working for those periods would not be working in contravention of any of
the provisions of section 71.
(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice
required by sub-section (1) of this section.
REGISTER OF CHILD WORKERS
(1) The manager of every factory in which children are employed shall maintain a register of
child workers, to be available to the Inspector at all times during working hours or when
any work is being carried on in a factory, showing—
(a) the name of each child worker in the factory,
(b) the nature of his work,
(c) the group, if any, in which he is included,
(d) where his group works in shifts, the relay to which he is allotted, and
(e) the number of his certificate of fitness granted under section 69.
(1A)No child worker shall be required or allowed to work in any factory unless his name and
other particulars have been entered in the register of child workers.
(2) The State Government may prescribe the form of the register of child workers, the manner
in which it shall be maintained and the period for which it shall be preserved.
HOURS OF WORK TO CORRESPOND WITH NOTICE UNDER SECTION 72 AND
REGISTER UNDER SECTION 73
No child shall be employed in any factory otherwise than in accordance with the notice of
periods of work for children displayed in the factory and the entries made beforehand against
his name in the register of child workers of the factory.
POWER TO REQUIRE MEDICAL EXAMINATION
Where an Inspector is of opinion—
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(a) that any person working in a factory without a certificate of fitness is a young person,
or
(b) that a young person working in a factory with a certificate of fitness is no longer fit to
work in the capacity stated therein, - he may serve on the manager of the factory a
notice requiring that such person or young person, as the case may be, shall be examined
by a certifying surgeon, and such person or young person shall not, if the Inspector so
directs, be employed, or permitted to work, in any factory until he has been so examined
and has been granted a certificate of fitness or a fresh certificate of fitness, as the case
may be, under section 69, or has been certified by the certifying surgeon examining
him not to be a young person.
POWER TO MAKE RULES
The State Government may make rules—
(a) prescribing the forms of certificates of fitness to be granted under section 69, providing
for the grant of duplicates in the event of loss of the original certificates, and fixing the
fees which may be charged for such certificates and renewals thereof and such
duplicates;
(b) prescribing the physical standards to be attained by children and adolescents working
in factories;
(c) regulating the procedure of certifying surgeons under this Chapter;
(d) specifying other duties which certifying surgeons may be required to perform in
connection with the employment of young persons in factories, and fixing the fees
which may be charged for such duties and the persons by whom they shall be payable.
CERTAIN OTHER PROVISIONS OF LAW NOT BARRED
The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions
of the Employment of Children Act, 1938 (26 of 1938).
APPLICATION OF CHAPTER
(1) The provisions of this Chapter shall not operate to the prejudice of any right to which a
worker may be entitled under any other law or under the terms of any award, agreement
(including settlement) or contract of service :
Provided that if such award, agreement (including settlement) or contract of service provides
for a longer annual leave with wages than provided in this Chapter, the quantum of leave,
which the worker shall be entitled to, shall be in accordance with such award, agreement or
contract of service but in relation to matters not provided for in such award, agreement or
contract of service or matters which are provided for less favourably therein, the provisions of
sections 79 to 82, so far as may be, shall apply.
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(2) The provisions of this Chapter shall not apply to workers in any factory of any railway
administered by the Government, who are governed by leave rules approved by the Central
Government.
ANNUAL LEAVE WITH WAGES
(1) Every worker who has worked for a period of 240 days or more in a factory during a
calendar year shall be allowed during the subsequent calendar year, leave with wages for
a number of days calculated at the rate of -
(i) if an adult, one day for every twenty days of work performed by him during the
previous calendar year;
(ii) if a child, one day for every fifteen days of work formed by him during the previous
calendar year.
Explanation 1 : For the purpose of this sub-section—
(a) any days of lay off, by agreement or contract or as permissible under the standing
orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding
twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed
to be days on which the worker has worked in a factory for the purpose of computation
of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays
whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be
entitled to leave with wages at the rate laid down in clause (i) or, as the case may be,
clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in
the remainder of the calender year.
(3) If a worker is discharged or dismissed from service or quits his employment or is
superannuated or dies while in service, during the course of the calendar year, he or his
heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of
leave to which he was entitled immediately before his discharge, dismissal, quitting of
employment, superannuation or death calculated at the rates specified in sub-section (1),
even if he had not worked for the entire period specified in sub-section (1) or sub-section
(2) making him eligible to avail of such leave, and such payment shall be made -
(i) where the worker is discharged or dismissed or quits employment, before the expiry
of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two
months from the date of such superannuation or death.
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(4) In 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.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him
under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him
shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding
year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been
given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in
contravention of sub-section (10) shall be entitled to carry forward the leave refused without
any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen
days before the date on which he wishes his leave to begin, to take all the leave or any
portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on
which the worker wishes his leave to begin, if he is employed in a public utility service as
defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year
shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of
illness, he shall be granted such leave even if the application for leave is not made within
the time specified in sub-section (6); and in such a case wages as admissible under section
81 shall be paid not later than fifteen days, or in the case of a public utility service not later
than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory,
in agreement with the Works Committee of the factory constituted under section 3 of the
Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any
other Act or if there is no such Works Committee or a similar Committee in the factory, in
agreement with the representatives of the workers therein chosen in the prescribed manner,
may lodge with the Chief Inspector a scheme in writing whereby the grant of leave
allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and
convenient places in the factory and shall be in force for a period of twelve months from
the date on which it comes into force, and may thereafter be renewed with or without
modification for a further period of twelve months at a time, by the manager in agreement
with the Works Committee or a similar Committee, or as the case may be, in agreement
with the representatives of the workers as specified in sub-section (8), and a notice of
renewal shall be sent to the Chief Inspector before it is renewed.
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(10) An application for leave which does not contravene the provisions of sub-section (6) shall
not be refused, unless refusal is in accordance with the scheme for the time being in
operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section
(2), as the case may be, is terminated by the occupier before he has taken the entire leave to
which he is entitled, or if having applied for and having not been granted such leave, the
worker quits his employment before he has taken the leave, the occupier of the factory
shall pay him the amount payable under section 80 in respect of the leave not taken, and
such payment shall be made, where the employment of the worker is terminated by the
occupier, before the expiry of the second working day after such termination, and where
a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the
period of any notice required to be given before discharge or dismissal.
WAGES DURING LEAVE PERIOD
(1) For the leave allowed to him under section 78 or section 79, as the case may be a worker
shall be entitled to wages at a rate 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 but inclusive of dearness allowance and the
cash equivalent of the advantage accruing through the concessional sale to the worker of
foodgrains and other articles :
Provided that in the case of a worker who has not worked on any day during the calendar
month immediately preceding his leave, he shall be paid at a rate equal to the daily average
of his total full time earnings for the days on which he actually worked during the last
calendar month preceding his leave, in which he actually worked, exclusive of any overtime
and bonus but inclusive of dearness allowance and the cash equivalent of the advantage
accruing through the concessional sale to the workers of foodgrains and other articles.
(2) The cash equivalent of the advantage accruing through the concessional sale to the worker
of foodgrains and other articles shall be computed as often as may be prescribed, on the
basis of the maximum quantity of foodgrains and other articles admissible to a standard
family.
Explanation 1 : “Standard family” means a family consisting of a worker, his or her spouse and
two children below the age of fourteen years requiring in all three adult consumption units.
Explanation 2 : Adult consumption unit means the consumption unit of a male above the age
of fourteen years; and the consumption unit of a female above the age of fourteen years and
that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6
respectively of one adult consumption unit.
(3) The State Government may make rules prescribing—
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A 130 COMMERCIAL & INDUSTRIAL LAWS
(a) the manner in which the cash equivalent of the advantage accruing through the
concessional sale to a worker of foodgrains and other articles shall be computed; and
(b) the registers that shall be maintained in a factory for the purpose of securing compliance
with the provisions of this section.
PAYMENT IN ADVANCE IN CERTAIN CASES
A worker who has been allowed leave for not less than four days, in the case of an adult, and
five days, in the case of a child, shall, before his leave begins, be paid the wages due for the
period of the leave allowed.
MODE OF RECOVERY OF UNPAID WAGES
Any sum required to be paid by an employer, under this chapter but not paid by him shall be
recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of
1936).
POWER TO MAKE RULES
The State Government may make rules directing managers of factories to keep registers
containing such particulars as may be prescribed and requiring the registers to be made available
for examination by Inspectors.
POWERS TO EXEMPT FACTORIES
Where the State Government is satisfied that the leave rules applicable to workers in a factory
provide benefits which in its opinion are not less favourable than those for which this Chapter
makes provision it may, by written order, exempt the factory from all or any of the provisions
of this Chapter subject to such conditions as may be specified in the order.
Explanation : For the purposes of this section, in deciding whether the benefits which are
provided for by any leave rules are less favourable than those for which this Chapter makes
provision, or not, the totality of the benefits shall be taken into account.
POWER TO APPLY THE ACT TO CERTAIN PREMISES
(1) The State Government 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 or is so ordinarily carried on, notwithstanding
that—
(i) the number of persons employed therein is less than ten, if working with the aid of
power and less than twenty if working without the aid of power, or
(ii) the persons working therein are not employed by the owner thereof but are working
with the permission of, or under agreement with, such owner : Provided that the
manufacturing process is not being carried on by the owner only with the aid of his
family.
COMMERCIAL & INDUSTRIAL LAWS A 131
(2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act,
and the owner shall be deemed to be the occupier, and any person working therein, a
worker. Explanation : For the purposes of this section, owner shall include a lessee or
mortgagee with possession of the premises.
POWER TO EXEMPT PUBLIC INSTITUTIONS
The State Government may exempt, subject to such conditions as it may consider necessary,
any workshop or workplace where a manufacturing process is carried on and which is attached
to a public institution, maintained for the purposes of education, training, research or
reformation, from all or any of the provisions of this Act :
Provided that no exemption shall be granted from the provisions relating to hours of work and
holidays, unless the persons having the control of the institution submit, for the approval of
the State Government, a scheme for the regulation of the hours of employment, intervals for
meals, and holidays of the persons employed in or attending the institution or who are inmates
of the institution, and the State Government is satisfied that the provisions of the scheme are
not less favourable than the corresponding provisions of this Act.
DANGEROUS OPERATIONS
Where the State Government is of opinion that any manufacturing process or operation carried
on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning
or diseases, it may make rules applicable to any factory or class or description of factories in,
which the 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 for the periodical medical examination of persons employed, or seeking to be
employed, in the manufacturing process or operation, and prohibiting the employment of
persons not certified as fit for such employment and requiring the payment by the occupier
of the factory of fees for such medical examination;
(d) Providing for the protection of all persons employed in the manufacturing process or
operation or in the vicinity of the places where it is carried on;
(e) Prohibiting, restricting or controlling the use of any specified materials or processes in
connection with the manufacturing process or operation;
(f) Requiring the provision of additional welfare amenities and sanitary facilities and the
supply of protective equipment and clothing, and laying down the standards thereof,
having regard to the dangerous nature of the manufacturing process or operation;
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A 132 COMMERCIAL & INDUSTRIAL LAWS
POWER TO PROHIBIT EMPLOYMENT ON ACCOUNT OF SERIOUS HAZARD
(1) Where it appears to the Inspector 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.
(2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of
three days until extended by the Chief Inspector by a subsequent order.
(3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief
Inspector under sub-section (2), shall have the right to appeal to the High Court.
(4) Any person whose employment has been affected by an order issued under sub-section
(1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to
provide alternative employment to him wherever possible and in the manner prescribed.
(5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties
under the Industrial Disputes Act, 1947 (14 of 1947).
POWER TO PROHIBIT EMPLOYMENT ON ACCOUNT OF SERIOUS HAZARD
(1) Where it appears to the Inspector 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.
(2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of
three days until extended by the Chief Inspector by a subsequent order.
(3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief
Inspector under sub-section (2), shall have the right to appeal to the High Court.
(4) Any person whose employment has been affected by an order issued under sub-section
(1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to
provide alternative employment to him wherever possible and in the manner prescribed.
(5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties
under the Industrial Disputes Act, 1947 (14 of 1947).
COMMERCIAL & INDUSTRIAL LAWS A 133
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.
NOTICE OF CERTAIN DISEASES
(1) Where any worker in a factory contracts any disease specified in the Third Schedule, the
manager of the factory shall send notice thereof to such Authorities, and in such form and
within such time as may be prescribed.
(2) 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,
specified in the Third Schedule the medical practitioner shall without delay send a report
in writing to the office of the Chief Inspector stating—
(a) The name and full postal address of the patient,
(b) The disease from which he believes the patient to be suffering, and
(c) The name and address of the factory in which the patient is, or was last, employed.
(3) Where the report under sub-section (2) 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 specified in the Third Schedule, 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.
(4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall
be punishable with fine which may extend to one thousand rupees.
(5) The Central Government may, by notification in the Official Gazette, add to or alter the
Third Schedule and any such addition or alteration shall have effect as if it had been made
by this Act.
POWER TO DIRECT ENQUIRY INTO CASES OF ACCIDENT OR DISEASE
(1) The State Government may, if it considers it expedient so to do, 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 the Third Schedule 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.
(2) The person appointed to hold an inquiry under this section shall 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
CIA10
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A 134 COMMERCIAL & INDUSTRIAL LAWS
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, 1860 (45 of 1860).
(3) The person holding an inquiry under this section shall make a report to the State
Government stating the causes of the accident, or as the case may be, disease, and any
attendant circumstances, and adding any observations which he or any of the assessors
may think fit to make.
(4) The State Government may, if it thinks fit, cause to be published any report made under
this section or any extracts therefrom.
(5) The State Government may make rules for regulating the procedure as Inquiries under
this section.
POWER TO TAKE SAMPLES
(1) 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, such use being—
(a) In the belief of the Inspector in contravention of any of the provisions of this Act or
the rules made thereunder, or
(b) In the opinion of the Inspector likely to cause bodily injury to, or injury to the health
of, workers in the factory.
(2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the
person informed under that sub-section unless such person wilfully 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 thereto.
(3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances
for dividing, sealing and marking the sample taken under this section.
(4) The Inspector shall 0151
(a) forthwith give one portion of the sample to the person informed under sub-section
(1);
(b) forthwith send the second portion to a Government Analyst for analysis and report
thereon;
(c) retain the third portion for production to the Court before which proceedings, if any,
are instituted in respect of the substance.
(5) Any document purporting to be a report under the hand of any Government Analyst
upon any substance submitted to him for analysis and report under this section, may be
used as evidence in any proceedings instituted in respect of the substance.
COMMERCIAL & INDUSTRIAL LAWS A 135
SAFETY AND OCCUPATIONAL HEALTH SURVEYS
(1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes,
or the Director General of Health Services, to the Government of India, or such other
officer as may be authorised in this behalf by the State Government or the Chief Inspector
or the Director General of Factory Advice Service and Labour Institutes or the Director
General of Health Services may, at any time during the 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 the
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 and such
occupier or manager or other person 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.
(2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so
required by the person conducting the survey, present himself to undergo such medical
examination as may be considered necessary by such person and furnish all information
in his possession and relevant to the survey.
(3) Any time spent by a worker for undergoing medical examination or furnishing information
under sub-section (2) shall, for the purpose of calculating wages and extra wages for
overtime work, be deemed to be time during which such worker worked in the factory.
Explanation : For the purposes of this section, the report, if any, submitted to the State
Government by the person conducting the survey under sub-section (1) shall be deemed to be
a report submitted by an Inspector under this Act.
GENERAL PENALTY FOR OFFENCES
Save as is otherwise expressly provided in this Act and subject to the provisions of section 93,
if in, or in respect of, any factory there is any contravention of any of the provisions of this Act
or of any rules made thereunder or of any order in writing given thereunder, 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 :
Provided that where contravention of any of the provisions of Chapter IV or any rule made
thereunder or under section 87 has resulted in an accident causing death or serious bodily
injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident
causing death, and five thousand rupees in the case of an accident causing serious bodily
injury. Explanation : 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, but shall not include, the fracture of bone or joint (not being fracture of more than one
bone or joint) of any phalanges of the hand or foot.
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A 136 COMMERCIAL & INDUSTRIAL LAWS
LIABILITY OF OWNER OF PREMISES IN CERTAIN CIRCUMSTANCES
(1) Where in any premises separate buildings are leased to different occupiers for use as
separate factories, the owner of the premises shall be responsible for the provision and
maintenance of common facilities and services, such as approach roads, drainage, water
supply, lighting and sanitation.
(2) 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 (1).
(3) Where in any premises, independent or self-contained, floors or flats are leased to different
occupiers for use as separate factories, the owner of the premises shall be liable as if he
were the occupier or manager of a factory, for any contravention of the provisions of this
Act in respect of—
(i) latrines, urinals and washing facilities in so far as the maintenance of the common
supply of water for these purposes is concerned;
(ii) fencing of machinery and plant belonging to the owner and not specifically entrusted
to the custody or use of an occupier;
(iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases
and common passages;
(iv) precautions in case of fire;
(v) maintenance of hoists and lifts; and
(vi) maintenance of any other common facilities provided in the premises.
(4) 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 the provisions of
sub-section (3).
(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in
any premises independent rooms with common latrines, urinals and washing facilities
are leased to different occupiers for use as separate factories :
Provided that the owner shall be responsible also for complying with the requirements
relating to the provisions and maintenance of latrines, urinals and washing facilities.
(6) The Chief Inspector shall have, subject to the control of the State Government, the power
to issue orders to the owner of the premises referred to in sub-section (5) in respect of the
carrying out of the provisions of section 46 or section 48.
(7) Where in any premises portions of a room or a shed are leased to different occupiers for
use as separate factories, the owner of the premises shall be liable for any contravention of
the provisions of—
COMMERCIAL & INDUSTRIAL LAWS A 137
(i) Chapter III, except sections 14 and 15;
(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36 :
Provided that in respect of the provisions of sections 21, 24 and 32 the owners liability
shall be only in so far as such provisions relate to things under his control : Provided
further that the occupier shall be responsible for complying with the provisions of
Chapter IV in respect of plant and machinery belonging to or supplied by him;
(iii) section 42.
(8) 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 (7).
(9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the
provisions of this Act the total number of workers employed, the whole of the premises
shall be deemed to be a single factory.
ENHANCED PENALTY AFTER PREVIOUS CONVICTION
(1) 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 less than ten thousand rupees but which may extend to
two lakh rupees or with both :
Provided that the court may, for any adequate and special reasons to be mentioned in the
judgment, impose a fine of less than ten thousand rupees:
Provided further that where contravention of any of the provisions of Chapter IV or any
rule made thereunder or under section 87 has resulted in an accident causing death or serious
bodily injury, the fine shall not be less than thirty five thousand rupees in the case of an accident
causing death and ten thousand rupees in the case of an accident causing serious bodily injury.
(2) For the purposes of sub-section (1), no cognizance shall be taken of any conviction made
more than two years before the commission of the offence for which the person is
subsequently being convicted.
PENALTY FOR OBSTRUCTING INSPECTOR
Whoever wilfully 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 thereunder, 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.
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A 138 COMMERCIAL & INDUSTRIAL LAWS
PENALTY FOR WRONGFULLY DISCLOSING RESULTS OF ANALYSIS UNDER
SECTION 91
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
made under section 91, 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.
PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF SECTIONS 41B, 41C AND
41H
(1) Whoever fails to comply with or contravenes any of the provisions of section 41B, 41C or
41H or the rules made thereunder, shall, in respect of such failure or contravention, be
punishable with imprisonment for a term which may extend to seven years and with fine
which may extend to two lakh rupees, and in case the failure or contravention continues,
with additional fine which may extend to five thousand rupees for every day during which
such failure or contravention continues after the conviction for the first such failure or
contravention.
(2) If the failure or contravention referred to in sub-section (1) 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 ten years.
OFFENCES BY WORKERS
(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes
any provision of this Act or any rules or orders made thereunder, imposing any duty or
liability on workers, he shall be punishable with fine which may extend to five hundred
rupees.
(2) Where a worker is convicted of an offence punishable under sub-section (1), the occupier
or manager of the factory shall not be deemed to be guilty of an offence in respect of that
contravention, unless it is proved that he failed to take all reasonable measures for its
prevention.
PENALTY FOR USING FALSE CERTIFICATE OF FITNESS
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under
section 70, 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 to be made, by another
person, shall be punishable with imprisonment for a term which may extend to two months or
with fine which may extend to one thousand rupees or with both.
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
COMMERCIAL & INDUSTRIAL LAWS A 139
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.
EXEMPTION OF OCCUPIER OR MANAGER FROM LIABILITY IN CERTAIN CASES
Where the occupier or manager of a factory is charged with an offence punishable under this
Act, he shall be entitled, upon complaint duly made by him and on giving to the prosecutor
not less than three clear days notice in writing of his intention so to do, to have any other
person whom he charges as the actual offender brought before the Court at the time appointed
for hearing the charge; and if, after the commission of the offence has been proved, the occupier
or manager of the factory, as the case may be, proves to the satisfaction of the court—
(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his knowledge,
consent or connivance, - that other person shall be convicted of the offence and shall be
liable to the like punishment as if he were the occupier or manager of the factory, and the
occupier or manager, as the case may be, shall be discharged from any liability under this
Act in respect of such offence : Provided that in seeking to prove as aforesaid, the occupier
or manager of the factory, as the case may be, may be examined on oath, and his evidence
and that of any witness whom he calls in his support shall be subject to cross-examination
on behalf of the person he charges as the actual offender and by the prosecutor : Provided
further that, if the person charged as the actual offender by the occupier or manager cannot
be brought before the Court at the time appointed for hearing the charge, the Court shall
adjourn the hearing from time to time for a period not exceeding three months and if by
the end of the said period the person charged as the actual offender cannot still be brought
before the Court, the Court shall proceed to hear the charge against the occupier or manager
and shall, if the offence be proved, convict the occupier or manager.