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THE FACTORIES ACT, 1948
ACT NO. 63 OF 1948 1*
[23rd September, 1948.]
An Act to consolidate and amend the law regulating labour in factories.
WHEREAS it is expedient to consolidate and amend the law regulating labour in factories;
It is hereby enacted as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
- Short title, extent and commencement. (1) This Act may be called the Factories Act, 1948.
2[(2) It extends to the whole of India 3**.]
(3) It shall come into force on the 1st day of April, 1949.
Interpretation.
- Interpretation. In this Act, unless there is anything repugnant in the subject or context,-
(a) "adult" means a person who has completed his fifteenth year of age;
(b) "adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year;
4*[(bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;]
(c) "child" means a person who has not completed his fifteenth year of age;
5*[(ca)] "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 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 tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory;
(cb) "hazardous process" means any process or activity in relation to an industry specified in 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;]
(d) "young person" means a person who is either a child or an adolescent;
- The Act has been extended to-
Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I. Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I. Goa, Daman and Diu by Reg, 11 of 1963, s. 3 and Sch. Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. I.
- Subs. by the A. O. 1950 for the former sub-section.
- The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
- Ins. by Act 25 of 1954, s. 2.
- Ins. by Act 20 of 1987, s. 2 (w.e.f. 1.12.1987).
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(e) "day" means a period of twenty-four hours beginning at midnight;
(f) "week" means a period of seven days beginning at midnight on Saturday night or such other night as may
manufacturing process 1*[but does not include any member of the armed forces of the Union];
(m) "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 3[the Mines Act, 1952 (35 of 1952),] or 4[a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place].
5[Explanation. 6[I]--For computing the number of workers for the purposes of this clause all the workers in 6*[different groups and relays] in a day shall be taken into account;]
6*[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 f no manufacturing process is being carried on in such premises or part thereof;]
(n) "occupier" of a factory means the person who has ultimate control over the affairs of the factory 6***.
- Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
- Subs. by s. 2, ibid., for certain words (w.e.f. 26-10-1976).
- Subs. by Act 25 of 1954, s. 2, for "the Indian Mines Act, 1923 ( of 1923)".
- Subs. by Act 94 of 1976, s. 2, for the words "a railway running shed: (w.e.f. 26-10-1976).
- Ins. by s, 2, ibid. (w.e.f. 26-10-1976).
- Numbered, subs, ins. and omitted by Act, 20 of 1987, s. 2 (w.e.f. 1-12-1987).
1*[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 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:];
1*[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, 1*[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;] 1* * * * *
1 Ins. subs, and omitted by Act 20 of 1987, s. 2 (w.e.f. 1-12-87).
(p) "prescribed" means prescribed by rules made by the State Government under this Act;
(r) where work of the same kind is carried out by two or
- Clause (q) rep. by the A. O. 1950.
- Subs, by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).
- Subs. by Act 25 of 1954, s. 3.
- Ins. in added by Act 20 of 1987 s. 3 (w.e.f. 1-12-1987).
- Ins. by the A. O. 1950.
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1*[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 of internal disturbance.]
Approval, licensing and registration of factories.
- Approval, licensing and registration of factories. (1) The State Government may make rules-
2*[(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;]
3*[(aa)] 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 application 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 4*[clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the State Government or Chief Inspector by registered post, no order is 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
- Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976).
- Ins. by s. 4, ibid. (w.e.f. 26-10-1976).
- Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e.f. 26- 10-1976).
- Subs. by s. 4, ibid., "clause (a)" (w.e.f. 26-10-1976).
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 1*[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.
- Notice by occupier. (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, sent to the Chief Inspector a written notice containing-
(a) the name and situation of the factory;
(b) the name and address of the occupier;
2*[(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;]
(c) the address to which communications relating to the factory may be sent;
(d) 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;
3*[(e) 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;]
(f) the name of the manage of the factory of the purposes of this Act;
- Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).
(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 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 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.]
7B.
General duties of manufactures, etc., as regards articles andsubstances for use in factories.
4*[7B. General duties of manufactures, 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, is 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 of the discovery and, so far as is reasonably practicable, the elimination or minimisation 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-section (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-section (1) and ( 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 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 term of the undertaking.
(6) For the purposes of this section, and 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.
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.
- 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, 1*[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;
1*[(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 disturbed (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 the 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 or 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.
Certifying surgeons.
- 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
- Ins. and subs. by Act 20 of 1987, s. 5 (w.e.f. 1-12-87).
42A
any patent or machinery connected therewith or is otherwise in the employ of the factory:
1*[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 person 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
staircases shall-
(i) where they are 1*[painted otherwise than with washable water-paint] or varnished, be repainted or revarnished at least once in every period of five years;
2*[(ia) 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;]
(ii) 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;
(iii) 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;
2*[(dd) all doors and window frames and other wooden or metallic framework 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;]
- Subs. by Act 94 of 1976, s. 8, for the word "painted" (w.e.f. 26- 10-1976).
- Ins. by s. 8, ibid., (w.e.f. 26-10-1976).
42C
(e) 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 1[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 may be order exempt such factory or class or description of factories 2 [or part] from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean state.
Disposal of wastes and effluents.
- Disposal of wastes and effluents. 3*[(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 91) shall be approved by such authority as may be prescribed.
Ventilation and temperature.
- 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
- Subs. by Act 94 of 1976, s. 8, for "in a factory" (w.e.f. 26-10- 1976).
- Ins. by s. 8, ibid., (w.e.f. 26-10-1976).
- Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 26-10-1976).
42D
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 1*[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.]
1*[(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.
Overcrowding.
- 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 factory in existence on the date of the commencement of this Act at least 1*[9.9 cubic metres]
- Subs. by Act 20 of 1987, s. 7 (w.e.f. 1-12-1987).
44
and of a factory built after the commencement of this Act at least 1[14.2 cubic meters] of 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 1[4.2 meters] above the level of the floor of the room.
(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 rooms is unnecessary in the interest of the health of the workers employed therein.
Lighting.
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 workrooms shall be kept clean on both the inner an 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 of description of factories or for any manufacturing process.
Drinking water.
- 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 majority of the workers employed in the
- Subs. by Act 20 of 1987, s. 7 (w.e.f. 1-12-1987).
45
factory, and no such point shall be situated within 1*[six meters 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, provision 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 the examination by prescribed authorities of the supply and distribution of drinking water in factories.
Latrines and urinals.
- 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 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 it would be to keep clean latrines, urinals and washing places.
