Factories Act, 1948

The main objectives of the Indian Factories Act, 1948 are

1. To regulate the working conditions in factories,

2. To regulate health, safety welfare,

3. To regulate annual leave

4. To enact special provision in respect of young persons, women and children who work in the factories.

Working Hours:

 According to the provision of working hours of adults, no adult worker shall be required or allowed to work in a factory for more than 48 hours in a week. There should be a weekly holiday.

Health:

For protecting the health of workers, the Act lays down that every factory shall be kept clean and all necessary precautions shall be taken in this regard. The factories should have proper drainage system, adequate lighting, ventilation, temperature etc.

Safety:

In order to provide safety to the workers, the Act provides that the machinery should be fenced, no young person shall work at any dangerous machine, in conned spaces, there should be provision for man holes of adequate size so that in case of emergency the workers can escape.

Welfare:

For the welfare of the workers, the Act provides that in every factory adequate and suitable facilities for washing should be provided and maintained for the use of workers.

Penalties:

The provisions of The Factories Act, 1948, or any rules made under the Act, or any order given in writing under the Act is violated, it is treated as an offence.

Applicability of Factories Act, 1948

The Act is applicable to any factory 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 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.

 The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is essentially to safeguard the interests of workers, stop their exploitation and take care of their safety, hygiene and welfare at their places of work. It casts various obligations, duties and responsibilities on the occupier of a factory and also on the factory manager.

Factory:

According to Sec 2(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 [the Mines Act, 1952, or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

Worker:

Under Section 2(1), “Worker” means a person employed directly or by or through any agency (including a contractor) with or without knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in any other kind or work incidental to, or connected with, the manufacturing process or the subject of the manufacturing process but does not include any member of the armed forces of the Union.

Essentials:

1. There must be an 'employed person'
2. Employment should be direct or through some agency
3. Employment should be in any manufacturing process or related to it.
4. Employment may be for remuneration or not.

Manufacture:

It means any process for

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise, treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal; or

(ii) Pumping oil, water or sewage or any other substance; or

(iii) Generating, transforming, transmitting power; or

 (iv) Composing types for printing, printing by letter-press, lithography, photogravure or other similar process, or book-binding; or

(v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or

(vi) Preserving or storing any article in cold storage. [Section 2(k)]

The definition is quite important and it has been the subject of judicial interpretation in large number of cases.

Stitching of gunny bags, conversion of latex into rubber, sea water to salt, preparation of bidis, soaps etc. all have been held as manufacturing process.

“Occupier” Section 2(n)

Occupier of a factory means the person who has ultimate control over the affairs of the factory, 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.

Inspectors:

(1) The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit.

(2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification.

Administration of the Act

The administration of Act is to be carried out by the State Government. Under various sections like Section 3, 4 and 5, the state government can change the time or the working hours, declare different departments to be separate factories or two or more factories to be single factory for the purposes of this Act, relates to public emergency, respectively.

The State Governments carry out the administration of the Act through:

(i) Inspecting Staff (Section 8, 9)

(ii) Certifying Surgeons (Section 10)

(iii) Welfare Officers (Section 49)

(iv) Safety Officers (Section 40-B)

Section 7: Notice by occupier:

(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing—

(a) The name and situation of the factory;

(b) The name and address of the occupier;  the name and address of the owner of the premises or building (including the precincts thereof

(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; 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 manager of the factory for the purposes of this Act;

(g) The number of workers likely to be employed in the factory;

(h) The average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act;

(i) Such other particulars as may be prescribed.

(2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days from the date of the commencement of this Act.

(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) at least thirty days before the date of the commencement of work.

(4) Whenever a new manager is appointed, the occupier shall send to the Inspector a written notice and to the Chief Inspector a copy thereof within seven days from the date on which such person takes over charge.

Duties of the occupier

(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.

(2) Without prejudice to the generality of the provisions of Sub-section (1) the matters to which such duty extends shall include:

(a) The provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;

(b) The arrangement 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 provisions 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 and  without risks to health and provisions 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 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.

Measures to be taken by factories for health, safety and welfare of workers

Chapter III, IV and V of the Act deal with health, safety and welfare of the workers.

Section 11 ensures the cleanliness in the factory. It must be seen that a factory is kept clean and it is free from effluvia arising from any drain, privy or other nuisance.

Under Section 12, every occupier of a factory shall make effective arrangements for the treatment of wastes and effluents due to the manufacturing process carried on in the factory so as to render them innocuous and for their disposal, in accordance with the rules of State government.

Section 18 makes provisions with regard to drinking water.

Section 19 along with the rules framed by the State Government provides for sufficient number of latrines and urinals of prescribed standard, separate for male and female.

Chapter IV deals with safety of the workers,

Chapter IV –A deals with protection of workers in hazardous processes,

Chapter V deals with welfare measures for the workers.

Chapter VI contains provision for regulating working hours for the adult workers, regulating hours, extra wages, night shifts etc.

Section 51 provides that an adult worker shall be allowed to work only for forty eight hours in any week.

Section 52 provides that there shall be holiday for the whole day in every week and such weekly holiday shall be on the first day of the week.

Section 66 makes specific provisions for women workers, and Section 67 deals with employment of children, along with certificate of fitness.