The Factories Act,1948

THE FACTORIES ACT 1948
INTRODUCTION
EXTENT AND COMMENCEMENT
(1) This Act may be called the Factories Act, 1948.
(2) It extends to the whole of India.
(3) It shall come into force on the 1st day of April, 1949.
BASIC CONCEPTS
In this Act, unless there is anything repugnant in the subject or context, —
(1) “Adult” means a person who has completed his eighteenth year of age;
(2) “Adolescent” means a person who has completed his fifteen year of age but has not
completed his eighteenth year;
(3) “Calendar year” means the period of twelve months beginning with the first day of January
in any year;
(4) “Child” means a person who has not completed his fifteenth year of age;
(5) “Competent person”, in relation to any provision of this Act, means a person or an
institution recognised as such by the Chief Inspector for the purposes of carrying out
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tests, examinations and inspections required to be done in a factory under the provisions
of this Act having regard to—
(i) The qualifications and experience of the person and facilities available at his disposal;
or
(ii) The qualifications and experience of the persons employed in such institution and
facilities available therein, with regard to the conduct of such test, examinations and
inspections, and more than one person or institution can be recognised as a competent
person in relation to a factory;
(6) “Hazardous process” means any process or activity in relation to an industry specified to
the First Schedule where, unless special care is taken, raw materials used therein or the
intermediate or finished products, bye-products, wastes or effluents thereof would—
(i) Cause material impairment to the health of the persons engaged in or connected
therewith, or
(ii) Result in the pollution of the general environment : Provided that the State Government
may, by notification in the Official Gazette, amend the First Schedule by way of
addition, omission or variation of any industry specified in the said Schedule;
(7) “Young person” means a person who is either a child or an adolescent;
(8) “Day” means a period of twenty-four hours beginning at midnight;
(9) “Week” means a period of seven days beginning at midnight on Saturday night or such
other night as may be approved in writing for a particular area by the Chief Inspector of
factories;
(10) “Power” means electrical energy, or any other form of energy which is mechanically
transmitted and is not generated by human or animal agency;
(11) “Prime mover” means any engine, motor or other appliance which generates or otherwise
provides power;
(12) “Transmission machinery” means any shaft, wheel drum, pulley, system of pulleys,
coupling, clutch, driving belt or other appliance or device by which the motion of a prime
mover is transmitted to or received by any machinery or appliance;
(13) “machinery” includes prime movers, transmission machinery and all other appliances
whereby power is generated, transformed, transmitted or applied;
(14) “Manufacturing process” means any process for—
(i) Making, altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adapting any article or
substance with a view to its use, sale, transport, delivery or disposal, or
(ii) Pumping oil, water, sewage or any other substance; or;
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(iii) Generating, transforming or transmitting power; or
(iv) Composing types for printing, printing by letter press, lithography, photogravure
or other similar process or book binding; lra-6 ] [ lra-7 or lra-7 ]
(v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels; (Inserted by the Factories (Amendment) Act, 1976, w.e.f. 26-10-1976.)
(vi) Preserving or storing any article in cold storage;
(15) “worker” means a person employed, directly or by or through any agency (including a
contractor) with or without the knowledge of the principal employer, whether for
remuneration or not, in any manufacturing process, or in cleaning any part of the
machinery or premises used for a manufacturing process, or in any other kind of work
incidental to, or connected with, the manufacturing process, or the subject of the
manufacturing process but does not include any member of the armed forces of the union;
(16) “Factory” means any premises including the precincts thereof –
(i) Whereon ten or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being
carried on with the aid of power, or is ordinarily so carried on, or
(ii) Whereon twenty or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being
carried on without the aid of power, or is ordinarily so carried on, but does not include
a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a mobile unit
belonging to the armed forces of the union, a railway running shed or a hotel, restaurant
or eating place;
Explanation I : For computing the number of workers for the purposes of this clause all the
workers in different groups and relays in a day shall be taken into account.
Explanation II : For the purposes of this clause, the mere fact that an Electronic Data Processing
Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to
make it a factory if no manufacturing process is being carried on in such premises or part
thereof;
(17) “Occupier’ of a factory means the person who has ultimate control over the affairs of the
factory :
Provided that -
(i) In the case of a firm or other association of individuals, any one of the individual partners
or members thereof shall be deemed to be the occupier;
(ii) In the case of a company, any one of the directors shall be deemed to be the occupier;
(iii) In the case of a factory owned or controlled by the Central Government or any State
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Government, or any local authority, the person or persons appointed to manage the affairs
of the factory by the Central Government, the State Government or the local authority, as
the case may be, shall be deemed to be the occupier :
Provided further that in the case of a ship which is being repaired, or on which maintenance
work is being carried out, in a dry dock which is available for hire, - (1) the owner of the dock
shall be deemed to be the occupier for the purposes of any matter provided for by or under—
(a) section 6, section 7, section 7A, section 7B, section 11 or section 12;
(b) Section 17, in so far as it relates to the providing and maintenance of sufficient and suitable
lighting in or around the dock;
(c) Section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the
workers employed on such repair or maintenance;
(2) The owner of the ship or his agent or master or other officer-in-charge of the ship or any
person who contracts with such owner, agent or master or other officer-in-charge to carry
out the repair or maintenance work shall be deemed to be the occupier for the purposes of
any matter provided for by or under section 13, section 14, section 16 or section 17 (save as
otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section
44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section
109 or section 110, in relation to—
(a) The workers employed directly by him, or by or through any agency; and
(b) The machinery, plant or premises in use for the purpose of carrying out such repair or
maintenance work by such owner, agent, master or other officer-in-charge or person;
(18) Shift means where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such sets is called a “group” or “relay”
and each of such periods is called a “shift”.
REFERENCES TO TIME OF DAY
In this Act references to time of day are references to Indian Standard Time, being five and a
half hours ahead of Greenwich Mean Time : Provided that for any area in which Indian Standard
Time is not ordinarily observed the State Government may make rules—
(a) Specifying the area,
(b) Defining the local mean time ordinarily observed therein, and
(c) Permitting such time to be observed in all or any of the factories situated in the area.
POWER TO DECLARE DIFFERENT DEPARTMENTS TO BE SEPARATE FACTORIES OR
TWO OR MORE FACTORIES TO BE A SINGLE FACTORY
The State Government may, on its own or on an application made in this behalf by an occupier,
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direct, by an order in writing, and subject to such conditions as it Fray deem fit, that for all or
any of the purposes of this Act different departments or branches of a factory of the occupier
specified in the application shall be treated as separate factories or that two or more factories of
the occupier specified in the application shall be treated as a single factory :
Provided that no order under this section shall be made by the State Government on it own
motion unless an opportunity of being heard is given to the occupier.
POWER TO EXEMPT DURING PUBLIC EMERGENCY
In any case of public emergency the State Government may, by notification in the Official
Gazette, exempt any factory or class or description of factories from all or any of the provisions
of this Act except section 67 for such period and subject to such conditions as it may think
fit : Provided that no such notification shall be made for a period exceeding three months at a
time.
Explanation : For the purposes of this section “public emergency” means a grave emergency
whereby the security of India or of any part of the territory thereof is threatened, whether by
war or external aggression or internal disturbance.
APPROVAL, LICENSING AND REGISTRATION OF FACTORIES
(1) The State Government may make rules - (a) requiring, for the purposes of this Act, the
submission of plans of any class or description of factories to the Chief Inspector or the
State Government;
(a) Requiring, the previous permission in writing of the State Government or the Chief
Inspector to be obtained for the site on which the factory is to be situated and for the
construction or extension of any factory or class or description of factories;
(b) Requiring for the purpose of considering applications for such permission the
submission of plans and specifications;
(c) Prescribing the nature of such plans and specifications and by whom they shall be
certified;
(d) Requiring the registration and licensing of factories or any class or description of
factories, and prescribing the fees payable for such registration and licensing and for
the renewal of licences;
(e) Requiring that no licence shall be granted or renewed unless the notice specified in
section 7 has been given.
(2) If on an application for permission referred to in clause (aa) of sub-section (1) accompanied
by the plans and specifications required by the rules made under clause (b) of that subsection,
sent to the State Government or Chief inspector by registered post, no order is
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communicated to the applicant within three months from the date on which it is so sent,
the permission applied for in the said application shall be deemed to have been granted.
(3) Where a State Government or a Chief Inspector refuses to grant permission to the site,
construction or extension of a factory or to the registration and licensing of a factory, the
applicant may within thirty days of the date of such refusal appeal to the Central
Government if the decision appealed from was of the State Government and to the State
Government in any other case.
Explanation : A factory shall not be deemed to be extended within the meaning of this section
by reason only of the replacement of any plant or machinery, or within such limits as may be
prescribed, of the addition of any plant or machinery if such replacement or addition does not
reduce the minimum clear space required for safe working around the plant or machinery or
adversely affect the environmental conditions from the evolution or emission of steam, heat or
dust or fumes injurious to health.
NOTICE BY OCCUPIER
(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as
a factory, send to the Chief Inspector a written notice containing—
(1) The name and situation of the factory;
(2) The name and address of the occupier;
(3) The name and address of the owner of the premises or building (including the precincts
thereof) referred to in section 93;
(4) The address to which communication relating to the factory may be sent;
(5) The nature of the manufacturing process—
(i) Carried on in the factory during the last twelve months in the case of factories in
existence on the date of the commencement of this Act, and
(ii) To be carried on in the factory during the next twelve months in the case of all
factories;
(6) The total rated horse power installed or to be installed in the factory, which shall not
include the rated horse power of any separate stand-by plant;
(7) The name of the manager of the factory for the purposes of this Act;
(8) The number of workers likely to be employed in the factory;
(9) The average number of workers per day employed during the last twelve months in
the case of a factory in existence on the date of the commencement of this Act;
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(2) In respect of all establishments which come within the scope of the Act for the first time,
the occupier shall send a written notice to the Chief Inspector containing the particulars
specified in sub-section (1) within thirty days, from the date of the commencement of this
Act.
(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for
less than one hundred and eighty working days in the year resumes working, the occupier
shall send a written notice to the Chief Inspector containing the particulars specified in
sub-section (1) At least thirty days before the date of the commencement of work.
(4) Whenever a new manager is appointed, the occupier shall send to the Inspector a written
notice and to the Chief Inspector a copy thereof within seven days from the date on which
such person takes over charge.
(5) During any period for which no person has been designated as manager of a factory or
during which the person designated does not manage the factory, any person found acting
as manager, or if no such person is found, the occupier himself, shall be deemed to be the
manager of the factory for the purposes of this Act.
GENERAL DUTIES OF THE OCCUPIER
(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and
welfare of all workers while they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to
which such duty extends, shall include—
(a) the provision and maintenance of plant and systems of work in the factory that are
safe and without risks to health;
(b) the arrangements in the factory for ensuring safety and absence of risks to health in
connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as are necessary
to ensure the health and safety, of all workers at work;
(d) the maintenance of all places of work in the factory in a condition that is safe and
without risks to health and the provision and maintenance of such means of access to,
and egress from, such places as are safe and without such risks;
(e) the provision, maintenance or monitoring of such working environment in the factory
for the workers that is safe, without risks to health and adequate as regards facilities
and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as
may be appropriate, revise, a written statement of his general policy with respect to the
health and safety of the workers at work and the organisation and arrangements for the
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time being in force for carrying out that policy, and to bring the statement and any revision
thereof to the notice of all the workers in such manner as may be prescribed.
GENERAL DUTIES OF MANUFACTURERS, ETC., AS REGARDS ARTICLES AND
SUBSTANCES FOR USE IN FACTORIES
(1) Every person who designs, manufactures, imports or supplies any article for use in any
factory shall—
(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed
as to be safe and without risks to the health of the workers when properly used;
(b) carry out or arrange for the carrying out of such tests and examination as may be
considered necessary for the effective implementation of the provisions of clause (a);
(c) take such steps as may be necessary to ensure that adequate information will be
available—
(i) in connection with the use of the article in any factory;
(ii) about the use for which it is designed and tested; and
(iii) about any conditions necessary to ensure that the article, when put to such use, will
be safe, and without risks to the health of the workers : Provided that where an article
is designed or manufactured outside India, it shall be obligatory on the part of the
importer to see -
(a) that the article conforms to the same standards if such article is manufactured in
India, or
(b) if the standards adopted in the country outside for the manufacture of such article
is above the standards adopted in India, that the article conforms to such standards.
(2) Every person, who undertakes to design or manufacture any article for use in any factory,
may carry out or arrange for the carrying out of necessary research with a view to the
discovery and, so far as is reasonably practicable, the elimination or minimization of any
risks to the health or safety of the workers to which the design or article may give rise.
(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to
repeat the testing, examination or research which has been carried out otherwise than by
him or at his instance in so far as it is reasonable for him to rely on the results thereof for
the purposes of the said sub-sections.
(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things
done in the course of business carried on by him and to matters within his control.
(5) Where a person designs, manufactures, imports or supplies an article on the basis of a
written undertaking by the user of such article to take the steps specified in such undertaking
COMMERCIAL & INDUSTRIAL LAWS A 89
to ensure, so far as is reasonably practicable, that the article will be safe and without risks
to the health of the workers when properly used, the undertaking shall have the effect of
relieving the person designing, manufacturing, importing or supplying the article from
the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having
regard to the terms of the undertaking.
(6) For the purposes of this section, an article is not to be regarded as properly used if it is
used without regard to any information or advice relating to its use which has been made
available by the person who has designed, manufactured, imported or supplied the article.
Explanation : For the purposes of this section, “article” shall include plant and machinery.
INSPECTORS
(1) The State Government may, by notification in the Official Gazette, appoint such persons
as possess the prescribed qualification to be Inspectors for the purposes of this Act and
may assign to them such local limits as it may think fit.
(2) The State Government may, by notification in the Official Gazette, appoint any person to
be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector
under this Act, exercise the powers of an Inspector throughout the State.
(3) The State Government may, by notification in the Official Gazette, appoint as many
Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as
many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the
powers of the Chief Inspector as may be specified in such notification.
(4) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every
other officer appointed under sub-section (2A) shall, in addition to the powers of a Chief
Inspector specified in the notification by which he is appointed, exercise the powers of an
Inspector throughout the State.
(5) No person shall be appointed under sub-section (1), sub-section (2) sub-section (2A) lra-
38 ] or sub-section (5), or having been so appointed, shall continue to hold office, who is or
becomes directly or indirectly interested in a factory or in any process or business carried
on therein or in any patent or machinery connected therewith.
(6) Every District Magistrate shall be an Inspector for his district.
(7) The State Government may also, by notification as aforesaid, appoint such public officers
as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within
such local limits as it may assign to them respectively.
(8) In any area where there are more Inspectors than one the State Government may, by
notification as aforesaid, declare the powers, which such Inspectors shall respectively
exercise and the Inspector to whom the prescribed notices are to be sent.
(9) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief
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Inspector, Inspector and every other officer appointed under this section shall be deemed
to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and shall
be officially subordinate to such authority as the State Government may specify in this
behalf.
POWERS OF INSPECTORS
Subject to any rules made in this behalf, an Inspector may, within the local limits for which he
is appointed,—
(a) Enter, with such assistants being persons in the service of the Government, or any local or
other public authority, or with an expert as he thinks fit, any place which is used, or which
he has reason to believe is used, as a factory;
(b) Make examination of the premises, plant, machinery, article or substance;
(c) Inquire into any accident or dangerous occurrence, whether resulting in bodily injury,
disability or not, and take on the spot or otherwise statements of any person which he may
consider necessary for such inquiry;
(d) Require the production of any prescribed register or any other document relating to the
factory;
(e) Seize, or take copies of, any register, record or other document or any portion thereof, as
he may consider necessary in respect of any offence under this Act, which he has reason to
believe, has been committed;
(f) Direct the occupier that any premises or any part thereof, or anything lying therein, shall
be left undisturbed (whether generally or in particular respects) for so long as is necessary
for the purpose of any examination under clause (b);
(g) Take measurements and photographs and make such recordings as he considers necessary
for the purpose of any examination under clause (b), taking with him any necessary
instrument or equipment;
(h) In case of any article or substance found in any premises, being an article or substance
which appears to him as having caused or is likely to cause danger to the health or safety
of the workers, direct it to be dismantled or subject it to any process or test (but not so as to
damage or destroy it unless the same is, in the circumstances necessary, for carrying out
the purposes of this Act), and take possession of any such article of substance or a part
thereof, and detain it for so long as is necessary for such examination; (i) exercise such
other powers as may be prescribed:
Provided that no person shall be compelled under this section to answer any question or
give any evidence tending to incriminate himself.
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CERTIFYING SURGEONS
(1) The State Government may appoint qualified medical practitioners to be certifying surgeons
for the purposes of this Act within such local limits or for such factory or class or description
of factories as it may assign to them respectively.
(2) A certifying surgeon may, with the approval of the State Government, authorize any
qualified medical practitioner to exercise any of his powers under this Act for such period
as the certifying surgeon may specify and subject to such conditions as the State
Government may think fit to impose, and references in this Act to a certifying surgeon
shall be deemed to include references to any qualified medical practitioner when so
authorized.
(3) No person shall be appointed to be, or authorized to exercise the powers of, a certifying
surgeon, or having been so appointed or authorized, continue to exercise such powers,
who is, or becomes the occupier of a factory or is or becomes directly or indirectly interested
therein or in any process or business carried on therein or in any patent or machinery
connected therewith or is otherwise in the employ of the factory :
Provided that the State Government may, by order in writing and subject to such conditions
as may be specified in the order, exempt any person or class of persons from the provisions
of this sub-section in respect of any factory or class or description of factories.
(4) The certifying surgeon shall carry out such duties as may be prescribed in connection
with—
(a) The examination and certification of young persons under this Act;
(b) The examination of persons engaged in factories in such dangerous occupations or
processes as may be prescribed;
(c) The exercising of such medical supervision as may be prescribed for any factory or
class or description of factories where—
(i) cases of illness have occurred which it is reasonable to believe are due to the
nature of the manufacturing process carried on, or other conditions of work
prevailing, therein;
(ii) By reason of any change in the manufacturing process carried on or in the
substances used therein or by reason of the adoption of any new manufacturing
process or of any new substance for use in a manufacturing process, there is a
likelihood of injury to the health of workers employed in that manufacturing
process;
(iii) Young persons are, or are about to be, employed in any work which is likely to
cause injury to their health. Explanation : In this section “qualified medical
practitioner” means a person holding a qualification granted by an authority
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specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916) or in
the Schedules to the Indian Medical Council Act, 1933 (27 of 1933).
HEALTH
CLEANLINESS
(1) Every factory shall be kept clean and free from effluvia arising from any drain, privy or
other, nuisance, and in particular—
(a) Accumulations of dirt and refuse shall be removed daily by sweeping or by any other
effective method from the floors and benches of workrooms and from staircases and
passages, and disposed of in a suitable manner;
(b) The floor of every workroom shall be cleaned at least once in every week by washing,
using disinfectant, where necessary, or by some other effective method;
(c) Where a floor is liable to become wet in the course of any manufacturing process to
such extent as is capable of being drained, effective means of drainage shall be provided
and maintained;
(d) All inside walls and partitions, all ceilings or tops of rooms and all walls, sides and
tops of passages and staircases shall—
(i) where they are painted otherwise than with washable water-paint or varnished,
be repainted or revarnished least once in every period of five years;
(ii) where they are painted with washable water paint, be repainted with at least one
coat of such paint at least once in every period of three years and washed at least
once in every period of six months;
(iii) where they are painted or varnished or where they have smooth impervious
surfaces, be cleaned at least once in every period of fourteen months by such
method as may be prescribed;
(iv) in any other case, be kept whitewashed or colourwashed, and the whitewashing
or colourwashing shall be carried out at least once in every period of fourteen
months;
(e) all doors and window frames and other wooden or metallic frame work and shutters
shall be kept painted or varnished and the painting or varnishing shall be carried out
at least once in every period of five years;
(f) the dates on which the processes required by clause (d) are carried out shall be entered
in the prescribed register.
(2) If, in view of the nature of the operations carried on in a factory or class or description of
factories or any part of a factory or class or description of factories, it is not possible for the
occupier to comply with all or any of the provisions of sub-section (1), the State Government
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may by order exempt such factory or class or description of factories or part from any of
the provisions of that sub-section and specify alternative methods for keeping the factory
in a clean state.