The Factories Act,1948

DISPOSAL OF WASTES AND EFFLUENTS
(1) Effective arrangements shall be made in every factory for the treatment of wastes and
effluents due to the manufacturing process carried on therein, so as to render them
innocuous, and for their disposal.
(2) The State Government may make rules prescribing the arrangements to be made under
sub-section (1) or requiring that the arrangements made in accordance with sub-section
(1) shall be approved by such Authority as may be prescribed.
VENTILATION AND TEMPERATURE
(1) Effective and suitable provision shall be made in every factory for securing and maintaining
in every workroom—
(a) adequate ventilation by the circulation of fresh air, and
(b) such a temperature as will secure to workers therein reasonable conditions of comfort
and prevent injury to health; and in particular,—
(i) walls and roofs shall be of such material and so designed that such temperature
shall not be exceeded but kept as low as practicable;
(ii) where the nature of the work carried on in the factory involves, or is likely to
involve, the production of excessively high temperatures such adequate measures
as are practicable shall be taken to protect the workers therefrom, by separating
the process which produces such temperatures from the workroom, by insulating
the hot parts or by other effective means.
(2) The State Government may prescribe a standard of adequate ventilation and reasonable
temperature for any factory or class or description of factories or parts thereof and direct
that [ lra-48 proper measuring instruments, at such places and in such position as may be
specified, shall be provided and such records, as may be prescribed, shall be maintained;
(3) If it appears to the Chief Inspector that excessively high temperatures in any factory can
be reduced by the adoption of suitable measures, he may, without prejudice to the rules
made under sub-section (2), serve on the occupier, an order in writing specifying the
measures which, in his opinion, should be adopted, and requiring them to be carried out
before a specified date.
DUST AND FUME
(1) In every factory in which, by reason of the manufacturing process carried on, there is
INDUSTRIAL LAWS
A 94 COMMERCIAL & INDUSTRIAL LAWS
given off any dust or fume or other impurity of such a nature and to such an extent as is
likely to be injurious or offensive to the workers employed therein, or any dust in substantial
quantities, effective measures shall be taken to prevent its inhalation and accumulation in
any workroom, and if any exhaust appliance is necessary for this purpose, it shall be
applied as near as possible to the point of origin of the dust, fume or other impurity, and
such point shall be enclosed so far as possible.
(2) In any factory no stationary internal combustion engine shall be operated unless the exhaust
is conducted into the open air, and no other internal combustion engine shall be operated
in any room unless effective measures have been taken to prevent such accumulation of
fumes therefrom as are likely to be injurious to workers employed in the room.
ARTIFICIAL HUMIDIFICATION
(1) In respect of all factories in which the humidity of the air is artificially increased, the State
Government may make rules,—
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the humidity of the air,
(c) directing prescribed tests for determining the humidity of the air to be correctly carried
out and recorded;
(d) prescribing methods to be adopted for securing adequate ventilation and cooling of
the air in the workrooms.
(2) In any factory in which the humidity of the air is artificially increased, the water used for
the purpose shall be taken from a public supply, or other source of drinking water, or shall be
effectively purified before it is so used.
(3) If it appears to an Inspector that the water used in a factory for increasing humidity which
is required to be effectively purified under sub-section (2) is not effectively purified he may
serve on the manager of the factory an order in writing, specifying the measures which in his
opinion should be adopted, and requiring them to be carried out before specified date.
OVERCROWDING
(1) No room in any factory shall be overcrowded to an extent injurious to the health of the
workers employed therein.
(2) Without prejudice to the generality of sub-section (1), there shall be in every workroom of
a factory in existence on the date of the commencement of this Act at least 9.9 cubic metres
and of a factory built after the commencement of this Act at least 14.2 cubic metres or
space for every worker employed therein, and for the purposes of this sub-section no
account shall be taken of any space which is more than 4.2 metres above the level of the
floor of the room.
COMMERCIAL & INDUSTRIAL LAWS A 95
(3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom
of a factory a notice specifying the maximum number of workers who may, in compliance
with the provisions of this section, be employed in the room.
(4) The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as
he may think fit to impose, any workroom from the provisions of this section, if he is
satisfied that compliance therewith in respect of the room is unnecessary in the interest of
the health of the workers employed therein.
LIGHTING
(1) In every part of a factory where workers are working or passing there shall be provided
and maintained sufficient and suitable lighting, natural or artificial, or both.
(2) In every factory all glazed windows and skylights used for the lighting of the workroom
shall be kept clean on both the inner and outer surfaces and, so far as compliance with the
provisions of any rules made, under sub-section (3) of section 13 will allow, free from
obstruction.
(3) In every factory effective provision shall, so far as is practicable, be made for the prevention
of —
(a) glare, either directly from a source of light or by reflection from a smooth or polished
surface;
(b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident
to any worker.
(4) The State Government may prescribe standards of sufficient and suitable lighting for
factories or for any class or description of factories or for any manufacturing process.
DRINKING WATER
(1) In every factory effective arrangements shall be made to provide and maintain at suitable
points conveniently situated for all workers employed therein a sufficient supply of
wholesome drinking water.
(2) All such points shall be legibly marked “drinking water” in a language understood by a
majority of the workers employed in the factory, and no such point shall be situated within
six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or
effluent or any other source of contamination unless a shorter distance is approved in
writing by the Chief Inspector.
(3) In every factory wherein more than two hundred and fifty workers are ordinarily employed,
provisions shall be made for cooling drinking water during hot weather by effective means
and for distribution thereof.
(4) In respect of all factories or any class or description of factories the State Government may
make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for
INDUSTRIAL LAWS
A 96 COMMERCIAL & INDUSTRIAL LAWS
the examination by prescribed Authorities of the supply and distribution of drinking water in
factories.
LATRINES AND URINALS
(1) In every factory—
(a) Sufficient latrine and urinal accommodation of prescribed types shall be provided
conveniently situated and accessible to workers at all times while they are at the factory;
(b) Separate enclosed accommodation shall be provided for male and female workers;
(c) Such accommodation shall be adequately lighted and ventilated, and no latrine or
urinal shall, unless specially exempted in writing by the Chief Inspector, communicate
with any workroom except through an intervening open space or ventilated passage;
(d) All such accommodation shall be maintained in a clean and sanitary condition at all
times;
(e) Sweepers shall be employed whose primary duty would be to keep clean latrines,
urinals and washing places.
(2) In every factory wherein more than two hundred and fifty workers are ordinarily
employed—
(a) All latrine and urinal accommodation shall be of prescribed sanitary types;
(b) The floors and internal walls, up to a height of ninety centimeters, of the latrines and
urinals and the sanitary blocks shall be laid in glazed titles or otherwise finished to
provide a smooth polished impervious surface;
(c) Without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the floors,
portions of the walls and blocks so laid or finished and the sanitary pans of latrines
and urinals shall be thoroughly washed and cleaned at least once in every seven days
with suitable detergents or disinfectants or with both.
(3) The State Government may prescribe the number of latrines and urinals to be provided in
any factory in proportion to the numbers of male and female workers ordinarily employed
therein, and provide for such further matters in respect of sanitation in factories, including
the obligation of workers in this regard, as it considers necessary in the interest of the
health of the workers employed therein.
SPITTOONS
(1) In every factory there shall be provided a sufficient number of spittoons in convenient
places and they shall be maintained in a clean and hygienic condition.
(2) The State Government may make rules prescribing the type and the number of spittoons
to be provided and their location in any factory and provide for such further matters
relating to their maintenance in a clean and hygienic condition.
COMMERCIAL & INDUSTRIAL LAWS A 97
(3) No person shall spit within the premises of a factory except in the spittoons provided for
the purpose and a notice containing this provision and the penalty for its violation shall
be prominently displayed at suitable places in the premises.
(4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not
exceeding five rupees.
SAFETY
FENCING OF MACHINERY
(1) In every factory the following, namely,—
(i) Every moving part of a prime mover and every flywheel connected to a prime mover,
whether the prime mover or flywheel is in the engine house or not;
(ii) The headrace and tailrace of every water-wheel and water turbine;
(iii) Any part of a stock-bar which projects beyond the head stock of a lathe; and
(iv) Unless they are in such position or of such construction as to be safe to every person
employed in the factory as they would be if they were securely fenced, the following,
namely—
(a) every part of an electric generator, a motor or rotary converter;
(b) every part of transmission machinery; and
(c) every dangerous part of any other machinery, shall be securely fenced by
safeguards of substantial construction which shall be constantly maintained and
kept in position while the parts of machinery they are fencing are in motion or in
use :
Provided that for the purpose of determining whether any part of machinery is in such position
or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion
when—
(i) it is necessary to make an examination of any part of the machinery aforesaid while it
is in motion or, as a result of such examination, to carry out lubrication or other adjusting
operation while the machinery is in motion, being an examination or operation which
it is necessary to be carried out while that part of the machinery is in motion, or
(ii) in the case of any part of a transmission machinery used in such process as may be
prescribed (being a process of a continuous nature the carrying on of which shall be,
or is likely to be, substantially interfered with by the stoppage of that part of the
machinery), it is necessary to make an examination of such part of the machinery
while it is in motion or, as a result of such examination, to carry out any mounting or
shipping of belts or lubrication or other adjusting operation while the machinery is in
motion, and such examination or operation is made or carried out in accordance with
the provisions of sub-section (1) of section 22.
INDUSTRIAL LAWS
A 98 COMMERCIAL & INDUSTRIAL LAWS
(2) The State Government may by rules prescribe such further precautions as it may consider
necessary in respect of any particular machinery or part thereof, or exempt, subject to
such condition as may be prescribed, for securing the safety of the workers, any particular
machinery or part thereof from the provisions of this section.
WORK ON OR NEAR MACHINERY IN MOTION
(1) Where in any factory it becomes necessary to examine any part of machinery referred to in
section 21, while the machinery is in motion, or, as a result of such examination, to carry
out –
(a) In a case referred to in clause (i) of the proviso to sub-section (1) of section 21,
lubrication or other adjusting operation; or
(b) In a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping
of belts or lubrication or other adjusting operation, while the machinery is in motion
such examination or operation shall be made or carried out only by a specially trained
adult male worker wearing tight fitting clothing (which shall be supplied by the
occupier) whose name has been recorded in the register prescribed in this behalf and
who has been furnished with a certificate of his appointment, and while he is so
engaged, - (a) such worker shall not handle a belt at a moving pulley unless—
(i) The belt is not more than fifteen centimeters in width;
(ii) The pulley is normally for the purpose of drive and not merely a fly-wheel or
balance wheel (in which case a belt is not permissible);
(iii) The belt joint is either laced or flush with the belt;
(iv) The belt, including the joint and the pulley rim, are in good repair;
(v) There is reasonable clearance between the pulley and any fixed plant or
structure;
(vi) Secure foothold and, where necessary, secure handhold, are provided for t h e
operator; and
(vii) Any ladder in use for carrying out any examination or operation aforesaid
is securely fixed or lashed or is firmly held by a second person.
(c) without prejudice to any other provision of this Act relating to the fencing of machinery,
every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all
spur, worm and other toothed or friction gearing in motion with which such worker
would otherwise be liable to come into contact, shall be securely fenced to prevent
such contact.
(2) No woman or young person shall be allowed to clean, lubricate or adjust any part of a
prime mover or of any transmission machinery while the prime mover or transmission
machinery is in motion, or to clean, lubricate or adjust any part of any machine if the
COMMERCIAL & INDUSTRIAL LAWS A 99
cleaning, lubrication or adjustment thereof would expose the woman or young person to
risk of injury from any moving part either of that machine or of any adjacent machinery.
(3) The State Government may, by notification in the official. Gazette, prohibit, in any specified
factory or class or description of factories, the cleaning, lubricating or adjusting by any
person of specified parts of machinery when those parts are in motion.
EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINES
(1) No young person shall be required or allowed to work at any machine to which this section
applies, unless he has been fully instructed as to the dangers arising in connection with
the machine and the precautions to be observed and—
(a) has received sufficient training in work at the machine, or
(b) is under adequate supervision by a person who has a thorough knowledge and
experience of the machine. (2) Sub-section (1) shall apply to such machines as may be
prescribed by the State Government, being machines which in its opinion are of such
a dangerous character that young persons ought not to work at them unless the
foregoing requirements are complied with.
STRIKING GEAR AND DEVICES FOR CUTTING OFF POWER
(1) In every factory—
(a) suitable striking gear or other efficient mechanical appliance shall be provided and
maintained and used to move driving belts to and from fast and loose pulleys which
form part of the transmission machinery, such gear or appliances shall be so
constructed, placed and maintained as to prevent the belt from creeping back on to
the fast pulley;
(b) driving belts when not in use shall not be allowed to rest or ride upon shafting in
motion.
(2) In every factory suitable devices for cutting off power in emergencies from running
machinery shall be provided and maintained in every work-room:
Provided that in respect of factories in operation before the commencement of this Act,
the provisions of this sub-section shall apply only to work-rooms in which electricity is
used as power.
(3) When a device, which can inadvertently shift from “off” to “on” position, is provided in a
factory to cut off power, arrangements shall be provided for locking the device in safe
position to prevent accidental starting of the transmission machinery or other machines to
which the device is fitted.
INDUSTRIAL LAWS
A 100 COMMERCIAL & INDUSTRIAL LAWS
SELF-ACTING MACHINES
No traversing part of a self-acting machine in any factory and no material carried thereon
shall, if the space over which it runs is a space over which any person is liable to pass, whether
in the course of his employment or otherwise, be allowed to run on its outward or inward
traverse within a distance of forty-five centimeters from any fixed structure which is not part
of the machine :
Provided that the Chief Inspector may permit the continued use of a machine installed before
the commencement of this Act which does not comply with the requirements of this section on
such conditions for ensuring safety as he may think fit to impose.
CASING OF NEW MACHINERY
(1) In all machinery driven by power and installed in any factory after the commencement of
this Act,—
(a) every set screw, bolt or key on any revolving shaft, spindle, wheel pinion shall be so
sunk, encased or otherwise effectively guarded as to prevent danger;
(b) all spur, worm and other toothed or friction gearing which does not require frequent
adjustment while in motion shall be completely encased, unless it is so situated as to
be as safe as it would be if it were completely encased.
(2) Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold
on let or hire, for use in a factory any machinery driven by power which does not comply
with the provisions of Sub-section (1) or any rules made under sub-section (3), shall be
punishable with imprisonment for a term which may extend to three months or with fine
which may extend to five hundred rupees or with both.
(3) The State Government may make rules specifying further safeguards to be provided in
respect of any other dangerous part of any particular machine or class or description of
machines.
PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTONOPENERS
No woman or child shall be employed in any part of a factory for pressing cotton in which a
cotton-opener is at work :
Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end
by a partition extending to the roof or to such height as the Inspector may in any particular case
specify in writing, women and children may be employed on the side of the partition where
the feed-end is situated.
HOISTS AND LIFTS
(1) In every factory—
COMMERCIAL & INDUSTRIAL LAWS A 101
(a) every hoist and lift shall be—
(i) of good mechanical construction, sound material and adequate strength;
(ii) properly maintained, and shall be thoroughly examined by a competent person
at least once in every period of six months, and a register shall be kept containing
the prescribed particulars of every such examination;
(b) every hoistway and liftway shall be sufficiently protected by an enclosure fitted with
gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent
any person or thing from being trapped between any part of the hoist or lift and any
fixed structure or moving part;
(c) the maximum safe working load shall be plainly marked on every hoist or lift, and no
load greater than such load shall be carried thereon;
(d) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on
each side from which access is afforded to a landing;
(e) every gate referred to in clause (b) or clause (a) shall be fitted with interlocking or
other efficient device to secure that the gate cannot be opened except when the cage is
at the landing and that the cage cannot be moved unless the gate is closed.
(2) The following additional requirements shall apply to hoists and lifts used for carrying
persons and installed or reconstructed in a factory after the commencement of this Act,
namely :
(a) where the cage is supported by rope or chain, there shall be at least two ropes or
chains separately connected with the cage and balance weight, and each rope or chain
with its attachments shall be capable of carrying the whole weight of the cage together
with its maximum load;
(b) efficient devices shall be provided and maintained capable of supporting the cage
together with its maximum load in the event of breakage of the ropes, chains or
attachments;
(c) an efficient automatic device shall be provided and maintained to prevent the cage
from over-running.
(3) The Chief Inspector may permit the continued use of a hoist or lift installed in a factory
before the commencement of this Act which does not fully comply with the provisions of
sub-section (1) upon such conditions for ensuring safety as he may think fit to impose.
(4) The State Government may, if in respect of any class or description of hoist or lift, it is of
opinion that it would be unreasonable to enforce any requirement of sub-sections. (1) and
(2), by order direct that such requirement shall not apply to such class or description of
hoist or lift.
Explanation : For the purposes of this section, no lifting machine or appliance shall be deemed
CIA-8
INDUSTRIAL LAWS
A 102 COMMERCIAL & INDUSTRIAL LAWS
to be a hoist or lift unless it has a platform or cage, the direction or movement of which is
restricted by a guide or guides.
LIFTING MACHINES, CHAINS, ROPES AND LIFTING TACKLES
(1) In any factory the following provisions shall be complied with in respect of every lifting
machine (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose
of raising or lowering persons, goods or materials :-
(a) all parts, including the working gear, whether fixed or movable, of every lifting machine
and every chain, rope or lifting tackle shall be—
(i) of good construction, sound material and adequate strength and free from defects;
(ii) properly maintained; and
(iii) thoroughly examined by a competent person at least once in every period of twelve
months, or at such intervals as the Chief Inspector may specify in writing, and a
register shall be kept containing the prescribed particulars of every such
examination;
(b) no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of
test, be loaded beyond the safe working load which shall be plainly marked thereon
together with an identification mark and duly entered in the prescribed register, and
where this is not practicable, a table showing the safe working loads of every kind
and size of lifting machine or, chain, rope or lifting tackle in use shall be displayed in
prominent positions on the premises;
(c) while any person is employed or working on or near the wheel track of a travelling
crane in any place where he would be liable to be struck by the crane, effective measures
shall be taken to ensure that the crane does not approach within [ lra-66 six metres lra-
66 ] of that place.
(2) The State Government may make rules in respect of any lifting machine or any chain, rope
or lifting tackle used in factories—
(a) prescribing further requirements to be complied with in addition to those set out in
this section;
(b) providing for exemption from compliance with all or any of the requirements of this
section, where in its opinion, such compliance is unnecessary or impracticable.
(3) For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be
deemed to have been thoroughly examined if a visual examination supplemented, if
necessary, by other means and by the dismantling of parts of the gear, has been carried
out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the
safety of the parts examined. Explanation : In this section,—
COMMERCIAL & INDUSTRIAL LAWS A 103
(a) “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel,
transporter or runway;
(b) “lifting tackle” means any chain, sling, rope sling, hook, shackle, swivel, coupling,
socket, clamp, tray or similar appliance, whether fixed or movable, used in connection
with the raising or lowering of persons, or loads by use of lifting machines.