The Factories Act 1948

"The Factories Act, 1948."

Extent: This Act extends to the whole of India, except the State of Jammu and Kashmir (at the time it was enacted; post-2019 changes have affected Jammu and Kashmir's applicability).

Commencement: The Act was enacted on 23rd September 1948 but came into force on 1st April 1949. Specific provisions may have different dates of enforcement as decided by the government.

1. Factory: Any premises where a manufacturing process is carried out with the aid of power and employs 10 or more workers, or without power, employs 20 or more workers.

2. Worker: A person employed in any manufacturing process, cleaning, or any work incidental to a manufacturing process, whether directly or through an agency, and regardless of pay.

3. Occupier: The person with ultimate control over the affairs of the factory, often the owner or a designated manager. The term imposes legal obligations on the occupier for compliance with safety, health, and welfare standards.

4. Manufacturing Process: Involves making, altering, repairing, finishing, packing, or processing goods. This can include various activities like oiling, washing, and ornamenting to make goods fit for sale or distribution.

5. Power: Refers to any form of energy used for driving or operating machinery, such as electricity or mechanical energy.

6. Adult: Any person who has completed the age of 18 years.

7. Adolescent: Any person between the ages of 15 and 18, who is subject to certain restrictions on employment under the Act.

8. Child: Any person below the age of 15 years, with specific prohibitions on employment.

Chapter II: The Inspecting Staff (Sections 3-10)

Section 3: Appointment of Inspectors

Section 4: Powers of Inspectors

Section 5: Power to Make Rules for Inspectors

Section 6: Restrictions on Disclosure of Information

Section 7: Certifying Surgeons

Section 8: Examination by Certifying Surgeons

Section 9: Fencing of Machinery (often also included in safety provisions)

Chapter III: Health (Sections 11-20)

Section 11: Cleanliness

Section 12: Disposal of Wastes and Effluents

Section 13: Ventilation and Temperature

Section 14: Dust and Fume Control

Section 15: Artificial Humidification

Section 16: Overcrowding

Section 17: Lighting

Section 18: Drinking Water

Section 19: Latrines and Urinals

Section 20: Spittoons

Chapter IV: Safety (Sections 21-41)

Section 21: Fencing of Machinery

Section 22: Work on or Near Machinery in Motion

Section 23: Employment of Young Persons on Dangerous Machines

Section 24: Striking Gear and Devices for Cutting Off Power

Section 25: Self-Acting Machines

Section 26: Casing of New Machinery

Section 27: Prohibition of Employment of Women and Children near Cotton-Openers

Section 28: Hoists and Lifts

Section 29: Lifting Machines, Chains, Ropes, and Lifting Tackles

Section 30: Revolving Machinery

Section 31: Pressure Plants

Section 32: Floors, Stairs, and Means of Access

Section 33: Pits, Sumps, Openings in Floors

Section 34: Excessive Weights

Section 35: Protection of Eyes

Section 36: Precautions against Dangerous Fumes, Gases, etc.

Section 36A: Precautions Regarding the Use of Portable Electric Light

Section 37: Explosive or Inflammable Dust, Gas, etc.

Section 38: Precautions in Case of Fire

Section 39: Power to Require Specifications of Defective Parts or Tests of Stability

Section 40: Safety of Buildings and Machinery

Section 40A: Maintenance of Buildings

Section 40B: Safety Officers

Chapter IVA: Provisions Relating to Hazardous Processes (Sections 41A-41H)

Section 41A: Constitution of Site Appraisal Committees

Section 41B: Compulsory Disclosure of Information by the Occupier

Section 41C: Specific Responsibility of the Occupier in Relation to Hazardous Processes

Section 41D: Power of Central Government to Appoint Inquiry Committees

Section 41E: Emergency Standards

Section 41F: Permissible Limits of Exposure to Chemical and Toxic Substances

Section 41G: Workers’ Participation in Safety Management

Section 41H: Right of Workers to Warn about Imminent Danger

Chapter V: Welfare (Sections 42-50)

Section 42: Washing Facilities

Section 43: Facilities for Storing and Drying Clothing

Section 44: Facilities for Sitting

Section 45: First-Aid Appliances

Section 46: Canteens

Section 47: Shelters, Restrooms, and Lunchrooms

Section 48: Crèches

Section 49: Welfare Officers

Section 50: Power to Make Rules to Supplement this Chapter

Chapter VI: Working Hours of Adults (Sections 51-66)

Section 51: Weekly Hours

Section 52: Weekly Holidays

Section 53: Compensatory Holidays

Section 54: Daily Hours

Section 55: Intervals for Rest

Section 56: Spread-over

Section 57: Night Shifts

Section 58: Prohibition of Overlapping Shifts

Section 59: Extra Wages for Overtime

Section 60: Restriction on Double Employment

Section 61: Notice of Periods of Work for Adults

Section 62: Register of Adult Workers

Section 63: Hours of Work to Correspond with Notice under Section 61 and Register under Section 62

Section 64: Power to Make Exemptions

Section 65: Power to Make Exemptions to Sections 51, 52, 54, and 56

Section 66: Further Restrictions on Employment of Women

Chapter VII: Employment of Young Persons (Sections 67-77)

Section 67: Prohibition of Employment of Young Children

Section 68: Non-Adult Workers to Carry Tokens

Section 69: Certificate of Fitness

Section 70: Effect of Certificate of Fitness Granted to Adolescents

Section 71: Working Hours for Children

Section 72: Notice of Periods of Work for Children

Section 73: Register of Child Workers

Section 74: Hours of Work to Correspond with Notice and Register

Section 75: Power to Require Medical Examination

Section 76: Power to Make Rules

Section 77: Certain Other Provisions of Law Not Barred

Chapter VIII: Annual Leave with Wages (Sections 78-84)

Section 78: Application of Chapter

Section 79: Annual Leave with Wages

Section 80: Wages during Leave Period

Section 81: Payment in Advance in Certain Cases

Section 82: Mode of Recovery of Unpaid Wages

Section 83: Power of Inspector to Act for Worker

Section 84: Power to Make Rules

Chapter IX: Special Provisions (Sections 85-91)

Section 85: Power to Apply Act to Certain Premises

Section 86: Application of Act to Certain Works

Section 87: Dangerous Operations

Section 88: Notice of Certain Accidents

Section 88A: Notice of Certain Dangerous Occurrences

Section 89: Notice of Certain Diseases

Section 90: Power to Direct Inquiry into Cases of Accident or Disease

Section 91: Power to Take Samples

Chapter X: Penalties and Procedure (Sections 92-106)

Section 92: General Penalty for Offenses

Section 93: Liability of Owner of Premises in Certain Circumstances

Section 94: Enhanced Penalties after Previous Conviction

Section 95: Penalty for Obstructing Inspector

Section 96: Penalty for Wrongful Disclosure of Information

Section 97: Offenses by Workers

Section 98: Penalty for Using False Certificate of Fitness

Section 99: Penalty for Permitting Double Employment of Child

Section 100: Exemption of Occupier or Manager from Liability in Certain Cases

Section 10: Exemption of Owner or Occupier from Liability in Certain Cases

Section 102: Power of Court to Make Orders

Section 103: Presumption as to Employment

Section 104: Onus as to Age

Section 105: Cognizance of Offenses

Section 106: Limitation of Prosecutions

Chapter XI: Supplemental (Sections 107-120)

Section 107: Appeals

Section 108: Display of Notices

Section 109: Service of Notices

Section 110: Returns

Section 111: Obligations of Workers

Section 111A: Right of Workers, etc.

Section 112: General Power to Make Rules

Section 113: Powers of Centre to Give Directions

Section 114: No Charge for Facilities and Conveniences