The Factories Act. 1948

Kunal Upadhyay

Syllabus for Factories act.1948

The Factories Act, 1948 – Health (Sec 11 to 20)

The Factories Act, 1948 – Safety (Sec 21 to 41)

The Factories Act, 1948 – Welfare (Sec 42 to 50)

Introduction In 1851 and 1855 modern factory system was

founded in India Govt. founded women and children were

employed, there were excessive and long hours of work with little recreation

The FACTORY COMMISSION was appointed in 1890 by the Government of INDIA

In the year 1948, THE FACTORIES ACT was revised and its scope extended to include Welfare, Health, Cleanliness, Overtime payments and similar measures.

Objective of the Act

To protect human beings from being subject to unduly long hours of bodily strain or manual labour

To provide that employees should work in healthy and clean conditions as well as safety for the prevention of accidents

The Factories Act, 1948 – Health Cleanliness – Sec 11

Provides for general cleanliness of the factory. Dust, fumes should be removed daily. Floor, stair-cases and passages should be cleaned

regularly by sweeping and other effective means Washing of interior walls and roofs should take place at

least once in 14 months Painted with washable water paint, be repainted every 3

years and where oil paint is used at least once in 5 year All doors and window frames and other wooden or

metallic framework and shutter should be kept painted or varnished (least once in 5 year)

Cont… Disposal of Waste and Effluents – Sec 12

It mandatory on the owner of every factory to make effective arrangement for the treatment of wastes and effluents.

Ventilation and Temperature – Sec 13

Provision securing and maintaining in every workroom adequate ventilation for the circulation of fresh air and to maintain such temperature for worker comfort and prevent injury to health

Cont… Dust and fume - Sec 14 (I)

To keep the workplace free from dust and fumes Factory employed worker for removing dust and fumes

from the workplace and keep workplace clean

Artificial Humidification- Sec 15 (I)

State Government make rules for maintaining humidity of the air

(a) Prescribing standard of humidification (b) regulating the methods used for artificially increasing

the humidity of the air

Cont… (c) directing prescribed test for determining the

humidity or the air and carried the records (d) prescribing methods to be adopted for

securing adequate ventilation and cooling or the air in the workroom

Overcrowding

Prescribed that no of any factory shall be overcrowded to the extent level

Each worker should provided with a minimum space of 9.9 cube meters as per commencement of the act.1948

Cont… Lighting- Sec 17 (I)

Provides that in every part of the factory, where worker are working or passing, shall be provide and maintained sufficient and suitable lighting, natural, artificial or both

Drinking Water- Sec 18

The provision relating to arrangement for drinking water in factories

Sub section (1) provides, effective arrangement shall be made to provide and maintain suitable point conveniently for all workers employed there in

Cont… Conservancy Arrangement- Sec 19

Provides that there shall be provided and maintained. Separate arrangement for toilets for male and female workers at convenient place

These should be adequately lighted, ventilated and maintained in a clean sanitary condition

Spittoons-Sec 20

Provides a sufficient number of spittoons in convenient place. They shall be maintained in a clean and hygienic condition

The Factories Act, 1948 – Safety Fencing of Machinery-Sec 21

Require every factory must be securely fenced by sage guard

Every moving part of a prime mover and fly wheel connected to prime mover, whether the prime mover and fly-wheel is in the engine house or not

The headrace and tailrace of every water-wheel and water turbine

Any part of stock-bar which projects beyond the head stock of a lath

Every part of electric generator, a motor Every part of transmission machinery Every dangerous par of any machinery

Work on or near Machinery in Motion-Sec 22

The factory it is essential to examine any part of the machinery while it is in motion or as result of such examination

Lubrication or other adjusting the operation Any mounting or shipping belts or lubrication or

other adjusting operation Such workers shall not handle a belt at 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 flywheel or balance wheel

iii) the belt joint is either laced or flush with belt iv) the joint and pulley rim, are in good repair v) there is reasonable clearance between the

pulley and any fixed plant or structure vii) any ladder in use for carrying out any

examination to operation aforesaid is securely fixed or lashed or is firmly held by a second person

Without unfairness to any other provision of the act relating to fencing of fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle ,wheel

Sec-23 young person on dangerous machine prohibits the employee unless he has full instructed as to dangers arising from machine ah precaution to be observed Has received sufficient training in work of machine Is under adequate supervision by person who has

throughout experience and knowledge of machine Striking gear and devices for cutting off

power- Sec24 Move the driving belt to and from fast and

loose pulleys in transmission machine and prevent the belt from creeping back onto fast pulley

Self-acting Machine- Sec 25 Provides further safeguard to the worker injured

by self-acting machine cross within a distance of forty five centimeters from any fixed structure which is not part of machine

Casing of New Machinery-Sec 26 Provides that in all machinery driven by power,

after the commencement of the factories Act, 1948

2) all spur, worm and other friction gearing not requiring frequent adjustment while in motion shall be completely encased

Whoever sell or hire or, as agent of the seller or hire, cares or procures to be sold for use in factory machinery driven power which does not meet the terms with the provision

Shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to Rs.500

Prohibition of Employment of and Children near cotton Openers – Sec.27

Prohibits The employment of women and children in any part of factory for pressing cotton where cotton opener is at work

Factory should provide separated room for pressing cotton and feed up cotton, in an particular case, in special case inspector must specify in writing women and children may be employed

Hoists and Lift- Sec. 28 Requires the hoists and lifts must be

of good mechanical construction with sufficient strength

They should not only proper maintained but also systematically examined at least twice in year

Revolving Machinery- Sec. 30 Provides a notice indicating the

maximum safe working marginal speed of the grindstone

the speed of shaft, or spindle must be permanently affixed on all room

Pressure Plant- Sec. 31 Provide the effective

measures should be taken to ensure safe working pressure of any part of the plan or machinery used in manufacturing

Pits, Sump and Opening in Floor- Sec-33 Every fixed vessel, sumps,

tanks opening at ground inv every factory should covered with fenced

Precautions against Dangerous fumes and gas-Sec 36 The act prohibits entry in any chamber, tank, vat ,pit,

pipe or other confined space in any factory in which any gas, fume, or dust is likely to be present

(1) no person shall be required or allowed to enter any confined space, until all possible measure have been taken to actually remove of gas, fume or dust

Precaution against Using Portable Electric Light-Sec.36 A The act prohibits any factory to use portable electric light

or any other eclectic appliance of voltage exceeding 24 volts in any chamber, tank, vat, pipe, flue or other confined space of factory

Explosive or Inflammable Materials- Sec. 37 Effective enclosures of the plant or machinery

used in the process Removal or prevention of the accumulation of

such dust, gas Exclusion or effective enclosure of all possible

sources of ignitions

Precaution in case of Fire- Sec.38 Safe means escape for all persons in the event of

fire cover necessary tool and facilities for

extinguishing fire

Safe of Building and Machinery- Sec.40 The inspector that any building or part of building part

in such condition that its is dangerous to human life or safety

He may give out on the occupier or manager or both 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

Maintenance of Building- Sec.40-A The inspector may give out on the occupier or manager

or both the factory an order in writing specifying the measures which in his opinion should be adopted

A state of disrepair likely to lead to conditions detrimental to the health and welfare of the workers

Safety Officer-Sec.40 B The Act provides for the officers in factories

appointment of safety in factories employing 1,000 or more workers or where any manufacturing process or operations carried on

Provisions Relating to Hazardous Processes any process or activity in relation to an industry

specified in the First Schedule where special care is taken

Material injury to the health or the persons engaged in or connected therewith

Result in the pollution of the general environment

Constitution of Site Appraisal Committee The state Govt. may, for purpose of advising it to

consider application for grant of permission for the initial location of a factory involving hazardous process

The Chief Inspector of the State who shall be its

Chairman A representative of the Central Board for the prevention

and control of water pollution appointed by the central Govt. under sec. 3 of the Water Act. 1947

A representative of the central Board for prevention and control of air pollution referred to in Sec. 3 of the Air Act. 1981

A representative of the State Board appointed under sec. 4 of the Water Act.1981

A representative of the central board for the prevention and control of air pollution referred to in Sec.5 of the Air Act.1981

A representative of the Department of Environment in the state

A representative of the Meteorological Department of the Govt. India

An expert in the field of occupational Health A representative of Town planning Department

of the State. Govt. A representative of local authority A scientists having specialized knowledge of the

hazardous process

The site appraisal committee shall examine an application for the establishment of a factory and make recommendation to the state govt. within a period of 90 days of the receipt of such application

Where the site managed and control by the central Govt. than state govt. shall appoint in the site appraisal committee a representative nominated by the central govt. as members of the company

The state appraisal committee shall have power to call for any information from the person making an application for establishment or expansion of the factory

Compulsory disclosure of information by the Occupier- Sec.41 If occupier not disclose all hazardous process regarding

dangers, health hazards and the measures to overcome them arising from the exposure of the material in manufacture, transportation, storage and other process

Provided that the time of registering the factory involving hazardous process. Fail to intimate such policy to the chief inspector and the local authority

Accurate information regarding specification and other characteristics of waste and manner of their disposal

Occupier with approval of the chief inspector shall draw up an on site emergency plan and detail disaster control measures for his factory

Occupier of the factory is under an responsibility to inform the chief inspector of the nature and details to the process in such form and in such manner

Specific Responsibility of the Occupier in Relation to Hazardous Process- Sec. 41 C Occupier of factory maintain accurate and up-to-date

health records or medical records Appoint persons who possess qualification and

experience in handling hazardous substances and able to supervise such handling

Provide for medical examination to every worker Before such worker is assigned to a job, working with

hazardous substance

Power of Central Government to Appoint Inquiry Committee Consists of a chairman and TWO other members

and the terms of reference of the committee determined by Central Government according to requirement

The recommendation of the committee shall be advisory in nature

Worker’s Participation is safety Management

Right of Workers to warm about Imminent Danger

The Factories Act, 1948 – Welfare (Sec 42 to 50) Welfare Issues Washing facilities(Sec 42) Facilities for, storing & drying clothes(Sec43) Facilities for sitting(Sec 44) First aid appliances(Sec 45) Canteen( Sec46) Rest room, shelters, lunch room( Sec 47) Crèches (Sec 48) Welfare Officers(Sec 49) Working Hours (Sec.51)

Washing and Sitting facilities- Sec. 42 Adequate and separate washing facilities for male

and female workers State Government is also empowered to prescribe

in respect of any factor the standards and suitable facilities for washing by framing rules

Facilities for, storing & drying clothes(Sec43) There should be facility so that worker can place

their cloth not damaged during the manufacturing process. There should be facility so that worker can dry their wet cloth.

Facilities for sitting(Sec 44) Suitable arrangements for sitting shall be provided and

maintained for all workers thankful to work in a standing position

If the worker can do the work by sitting, there should be sitting arrangements

The facilities of First Aid Appliance and Ambulance Room(Sec 45)

In every 150 workers ordinary works in the factory, there should be provide first aid kit kept in charge of a separate responsible person who hold certificate of first aid recognized by State Government

In every factory where more than 500 workers are ordinarily employed, there should be provided and maintained an ambulance room of the prescribe size, containing the prescribed tools and in charge medical and nursing staff

Canteen( Sec46) If the number of workers is more than 250, the govt.

may make rules for canteen. The govt. may make rules regarding foodstuff,

construction, furniture, equipment of the canteen. Rest room, shelters, lunch room( Sec 47)

When 150 workers are working, there should be rest rooms, lunch room, etc.

Such places should be having drinking water facilities  Crèches (Sec 48)

If the number of women workers is more than 30, there should be the crèches.

It should be sufficiently lighted, ventilated & to be under the charge of trained women 

Welfare Officers(Sec 49) If the number of workers is 500 or more, there

should be a welfare officer to look after the welfare of the workers.

Working Hours (Sec.51) No adult worker shall be required or allowed to

work in factory more than 48 hours in a week, as regards daily working hours