The Factories Act 1948

Presented by Kushal Agarwal Bhavna Lakshmi

Contents
The Factories Act, 1948. Definition of factory. Definition of manufacturing process. Interpretation Health provisions Safety provisions Welfare provisions Penalties

The Factories Act, 1948

The Factories Act, 1948, came into force on 1st April, 1949. The Act was last amended in 1976. The object of this Act is, to secure health, safety, welfare, proper working hours, leave and other benefits for workers employed in factories.

Definition of Factory Sec. 2 (m)

(i) Means any premises including the precincts thereofWherein 10 or more workers are working or were working on any day of the preceding 12 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) Wherein 20 or more workers are working or were working on any day of the preceding 12 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.

Manufacturing process Sec.2(k)

manufacturing process means 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 or sewage or any other substance, (iii) generating, transforming or transmitting power; (iv) Composing types of printing, printing by letter press, lithography, photogravure or other similar process or book binding (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; and (vi) Preserving or storing any article in cold storage

Interpretation
Adult who has completed 18 years of age. Adolescent who has completed 15 years of age but not 18 years of age. Child who has not completed 15 years of age. Young person who is either a child or an adolescent. Power means electrical energy or any form of energy. Day a period of 24 hours beginning at midnight. Week a period of seven days beginning at Saturday midnight.

 Provisions Regarding Health

Cleanliness (Section 11)

Under this Act, it is required that every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance. Following precautions should be taken:a) Accumulation of dust and dirt should be removed daily by sweeping or by any other method, from the floor and benches of the work rooms and from stair-cases and passages, and disposed of in a suitable manner;

b) c) d) e)

The floor of every work room shall be cleaned at least once in every week by washing using disinfectants; If the floor becomes wet during the process of manufacture, provisions should be made for proper drainage. All inside walls and ceilings should be repainted at least once in 5 years. If painted with washable water paint, they should be repainted at least once in three years The dates should be entered in the prescribed register.

Disposal of Wastes and Effluents (Section 12)

As regard the disposal of wastes and effluents, the state Government are required to make rules for effective arrangements for the treatment and disposal of wastes of manufacturing product.

 Adequate ventilation for the circulation of fresh air, and for the propulsion of the air from the room, either by natural ventilation or by artificial means. Temperature shall be kept at a level comfortable to workers and prevent injury to health. The walls and roofs shall be of such material and of such design as to keep the temperature low.

Dust and Fumes (Section 14)

If necessary, exhaust appliance shall be installed as near as possible to the point of origin of the dust, fumes or other impurities and such point shall be closed. Further, 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 as are likely to be injurious to workers employed in the room.

Artificial Humidification (Section 15)

Factories where humidity is artificially created State Govt. may make rules:i. Prescribing standards of humidification ii. Regulate methods used for artificially increasing humidity of air iii. Prescribes tests for determining humidity of air to be correctly recorded iv. Securing adequate ventilation and cooling of the air in the work rooms

Over Crowding (Section 16)

No room in any factory shall be over crowded to the extent of it being injurious to the health of the worker employed therein. To prevent overcrowding, the Act provides that in every work room a worker is to be provided with space at the rate of 9.9 cubic metres in old factories and 4.2 cubic metres in new factories. The chief inspector can prescribe the maximum number of workers who can work in each work room.

Lighting (Section 17)

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. In every factory, all glazed windows and sky-lights used for lighting of the work rooms shall be kept clean on both the inner and the upper surfaces and free from obstruction expect when required. The state govt. also prescribes certain standards of sufficient and suitable lightening.

Arrangement of Drinking Water (Section 18)

Effective arrangements should be made for sufficient supply of drinking water. Such points shall be marked Drinking Water in regional language. It should be situated 6 metres away from any washing place, urinal or latrine unless approved by the Chief Inspector. Water supplied from sources other than municipal water supply system has to be approved. It should be available during working hours, and be stored at the rate of 1 gallon per worker per day. Factories employing 250 or more workers should supply Cool-drinking water during the hot weather.

Conservancy Arrangements (section 19)

Separate arrangement should be made for men and women. Privacy should be secured and water supplied inside the cubicles. In a factory wherein more than 250 workers are employed, urinals and latrines of prescribed of prescribed sanitary type should be provided at convenient places, accessible to workers at any time, while they are in factory.

Spittoons (section 20)

A sufficient number of spittoons should be provided at convenient places in every factory and these should be maintained in a clean and hygienic condition. State govt. may make rules prescribing types and number of spittoons in every factory. No person shall spit within the premises of a factory except in the spittoons provided for the purpose. Any person working against this provision shall be punished with fine not exceeding 5 rupees.

 Safety provisions

Fencing of Machinery (Section 21)

In every factory, every dangerous part of any machinery, every moving part of a prime mover and every flywheel connected to prime mover, the head-race and tail-race of every water wheel and water turbine, and every part of an electric generator, motor or rotary convertor, every part of transmission machinery, must be securely fenced by safeguards of substantial construction. The State Govt. is empowered to frame rules in this regard.

Work on or near Machinery in Motion (Section 22)

To secure the safety of workers, it is necessary to examine any part of machinery, by a specially-trained adult worker wearing tight fitting clothing, while it is in motion. Women and children are not allowed to clean, lubricate or adjust any part of a prime mover or transmission machinery while it is in motion.

Employment of Young Persons on Dangerous Machines (Section 23)

i. A young person is not to be allowed to work at any dangerous machine unless:He has been sufficiently instructed of the dangers arising in connection with the machine and the precautions to be observed He has received sufficient training to work at the machine or is under adequate supervision of an experienced person before he is allowed to work on such a machine.

ii.

Striking Gear and Devices for Cutting off Power (Section 24)
In every factory, suitable striking gear or other efficient mechanical appliance has to be provided, maintained and used to move driving belts. Effective measures have to be made to ensure prevention of the belt from creeping back on to the fast pulleys. When driving belts are not in use, they should not be allowed to rest on shafting in motion. Suitable device for cutting off power in emergencies from running machinery shall be provided and maintained in every work room.

Self-acting Machines (Section 25)

No traveling part of a self-acting machine in any factory and no material carried there on shall be allowed to run on its outward or inward traverse within a distance of eighteen inches from any fixed structure which is not a part of the machine, if a person is liable to pass over the space over which it runs.

Casing of New Machinery (Section 26)

In every factory, installed after 1st April 1949, all machinery driven by power, every screw, bolt or key or any revolving shaft, spindle, wheel, or pinion, spur, worm and other toothed or frictiongearing has to be properly encased or guarded in order to prevent danger to the workmen. The act also prevents persons to sell or hire these machines without proper casing or guarding. The offender may be punished with imprisonment up to 3 months or fine up to 500 rupees or both.

 Women and child workers are prohibited to be employed in any part of a factory for pressing cotton in which a cotton opener at work. But they may be employed on the other side of the partition where the feed- end is situated, if the feed-end of the cotton opener is separated from the delivery end by a partition. But in such case a written permission has to be obtained from the inspector.

Prohibition of Employment of Women and Children Near Cotton Openers (Section 27)

Hoists, Lifts, Lifting Machines, etc. (Section 28 & 29)

In every factory, lifting machines, chains, ropes and lifting tackles must be of good mechanical construction, sound material, adequate strength and free from defects. They are to be properly maintained and thoroughly examined at least once in every period of 6 months.

Revolving Machinery (Section 30)

In every room in a factory in which the process of grinding is carried on, a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, shall be permanently affixed. Safe working peripheral speed of every revolving vessel, cage, basket, flywheel, pulley or disc has also to be ensured. Effective measures must be taken to ensure that the safe working speed is not exceeded.

Safety
Floors, stairs and means of access All floors, steps, stairs and passages shall be of sound construction and properly maintained Shall be kept free from any substances likely to cause person to slip. Shall be provided with handrails. Pits, sumps, openings in floors, etc. Shall be either securely covered or securely fenced.

Safety
Excessive Weights The state government may make rules prescribing the maximum weights which may be lifted, carried and moved. Protection of eyes Effective screens Suitable goggles

Safety
Precautions against dangerous fumes, gases, etc. No person shall be required to enter any chamber or tank in which any gas is likely to be present and harm. Person should wear suitable breathing masks and a belt attached to a rope which is held by a person outside the chamber. Precautions in case of fire Safe means of escape Necessary equipment and facilities for extinguishing fire. Training should be provided

 Welfare provisions

Welfare
Washing facilities Adequate facilities for washing Separate facilities for washing Such facilities shall be kept clean

Facilities for drying clothing Suitable places for keeping clothing not worn during working and for the drying of wet clothing

Welfare
Facilities for sitting Suitable arrangements for sitting in case of workers are required to work while standing so that they can take the rest. Chief Inspector can order the occupier of the factory to provide the sitting arrangement. First-aid appliance For every 150 workers the number of such boxes shall not be less than one More than 500 workers, occupier of the factory shall be required to provide an ambulance. Nothing else would be kept in the First-aid box other than prescribed contents.

Welfare
Canteens Wherein more than 250 workers are employed, a canteen shall be provided. Rest rooms and lunch rooms Wherein more than 150 workers are employed rest rooms and lunch rooms with provision for drinking water shall be provided.

Welfare
Crches Wherein more than 30 women workers employed, there shall be a suitable room for the use of children under the age of 6 years Welfare officer Wherein more than 500 workers employed, the occupier employs a welfare officer The state government may prescribe the duties, qualifications and conditions for services.

Penalties
Penalty for using false certificate of fitness. Two months imprisonment or one thousand rupee only Penalty for permitting double employment of child. One thousand rupee only