Factories Act 1948 - PART I

Objective: to consolidate and amend the law regulating labour in factories

Commencement: 1^st day of April, 1949

Various Definitions (Section -2):

Section 2(a) – Adult – who has completed 18 years of the age

Section 2(b) – Adolscent – Age between 15 – 18 years

Section 2 (bb) – Calender Year – period of 12 months

Section 2 (c) – Child – who has not completed 15 years

Section 2 (ca) – Competent Person – people or an institution recognized as such by Chief Inspector for the purpose of carrying out tests, examinations and inspection required to be done in a factory under the provision of this act

Section 2 (g) – Power - Electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency

Section 2(j) – Machinery – includes prime movers (any engine, motor or other appliance which generates / provides power) transmission machines and all other appliances where by power is generated, transformed, transmitted or applied.

Section 2(k) – Manufacturing Process – and 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

                                          II.            pumping oil, water, sewage or any other substance; or

                                        III.            generating, transforming or transmitting power; or

                                        IV.            composing types for printing, printing by letter press, lithography,

                                          V.            photogravure or other similar process or book binding; or

                                        VI.            Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (Fact. (Amendment Act 1976) or

                                      VII.            preserving or storing any article in cold storage;

Section 2(l) – Worker – a person employed, directly or by or through agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any 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 armed force of the union.

Section 2 (m) – Factory – means any premises including the precincts there of –

        I.            Where 10 or more are working or were working on any day of preceding 12 months and in any part of which a manufacturing process is being carried on with the aid of power.

      II.            Where 20 or more are working or were working on any day of preceding 12 months and in any part of which a manufacturing process is being carried on without the aid of power.

But, does not include:

        I.            A mine subject to operation of the Mines Act 1952; or

      II.            A mobile unit belonging to the armed forces of the union

    III.            Railway running shed; or

    IV.            A hotel, restaurant or eating place.

Section 2(n) – Occupier – the person who has ultimate control over the affairs of the factory –

        I.            In case of FIRM – any one of the individual partners

      II.            In case of COMPANY – any of the directors

    III.            In case of FACTORY – owned / controlled by central or state government or any local authority, the person or persons appointed to manage the affairs of the factory.

Section 6 – APPROVAL, LINCENCING & REGISTRATION OF FACTORIES:

-          State government frame rules regarding approval, licensing and registration of a factory in order that compliance with the provisions relating to health, safety and welfare could be assured.

-          Prior approval by State Government or Chief Inspector of factory is necessary, for the site and construction of new factory and the extension of new ones.

-          Where a State Government refuse to grant permission to the site, construction or extension of a factory or to the registration and licensing, the applicant may within 30 days of the date of such refusal appeal to Central Government.

Section 7 – GENERAL DUTIES OF OCCUPIER

Section 8 – INSPECTOR:

-          State Government – by notification in the official Gazette

-          Also may appoint:

o   Chief Inspector

o   Additional Chief Inspector

o   Joint Chief Inspector

o   Deputy Chief Inspector

-          Every District Magistrate shall be an inspector for his district

Section 9 – POWER OF INSPECTOR:

-          May enters in the factory

-          Make examination of the premises, plant, machine, article or substance.

-          Inquire into any accident or dangerous occurrence

-          Ask for any register or document relating to the factory

-          Seize or take copies of any register, record or other document

-          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

-          Take measurement and photographs and make such recordings

Section 10 – CERTIFYING SURGEONS

-          Appointed by State Government

Section 11 – Section 20 – HEALTH:

Section 11	Cleanliness
Section 12	Disposal of Wastes & Effluents
Section 13	Ventilation & Temperature
Section 14	Dust & Fumes
Section 15	Artificial Humidification
Section 16	Overcrowding
Section 17	Lighting
Section 18	Drinking Water
Section 19	Urinals
Section  20	Spittoons

Section 21 – 40A – SAFETY

Section 21	Fencing of Machinary
Section 22	Work on or near machinery in motion
Section23	Employment of young person on dangerous machines
Section24	Striking gears & devices for cutting off power
Section25	Self acting machines
Section26	Casing of new machinery
Section 27	Prohibition of employment of women and children near cotton openers
Section28	Hoists & Lifts
Section29	Lifting Machines, Chains, Ropes and Lifting Tackles
Section30	Revolving Machinery
Section31	Pressure Plant
Section32	Floors, stairs & means of access
Section 33	Pits, sumps, opening in floors
Section 34	Execessive Weights
Section 35	Protection of eyes
Section 36	Precaution against dangerous fumes
Section 36 A	Precautions regarding the use of portable electric lights
Section 37	Explosive or inflammable dust
Section 38	Precaution in case of fire
Section 39	Power to require specifications of defective parts or tests of stability
Section 40	Safety of building & Machinery
Section 40A	Maintenance of building

Section 40B – SAFETY OFFICERS

Every factory, where 1000 or more workers are employed; or

Where in the opinion of State Government, any manufacturing process or operation is carried on and the process involves risk or bodily injury in the factory, employer shall employee such no. of safety officer as may be specified.

Posted under the Chief Executive of the factory and would report only to him.

(Note:  Section 41 A – 41 H – included by Act 20 of 1987, sec. 20 (w.e.f. 1-12-1987).

Section 41A – CONSTITUTION OF SITE APPRAISAL COMMITTES

-          For the purpose of advising State Government in considering applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory

-          Consist of –

o   Chief Inspector  (Chairman of the Committee)

o   Representatives of

§  Central Board for Water Pollution

§  Central Board for Air Pollution

§  State Board for water

§  State board for air

§  Deptt. Of environment of state

§  Metrological deptt. of government of India

§  Town planning deptt. of state

§  Local authority

o   An expert in the field of occupational health

Section 41 B – COMPULSORY DISCLOURE OF INFORMATION BY THE OCCUPIER

Section 41C – SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESSESS

Section41D – POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE

Section41E – EMERGNECY STANDARDS

Section41F – PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL & TOXIC SUBSTANCES

Section41G – WORKERS’ PARTICIPATION IN SAFETY MANAGEMENT

Section41H – RIGHTS OF WORKERS TO WARN ABOUT IMMINENT DANGER

Section42 – 50 – WELFARE

Section 42	Washing facilities
Section 43	Facility for storing and drying clothes
Section 44	Facility for sitting
Section 45	First aid appliances
Section 46	Canteens
Section 47	Shelters, rest rooms and lunch rooms
Section 48	Crèches
Section 49	Welfare officers
Section 50	Power to make rules to supplement this chapter

Section 49 – WELFARE OFFICER

-          500 or more workers

-          State Government may prescribe duties, qualification and conditions of services of officers