The Factories Act, 1948
[1] Overview [2] Definition (Sec. 2) [3] Inspecting Staff (Sec. 8 & 9) [4] Health (Sec. 11 – 21 ) [5] Safety (Sec. 21 – 41) [6] Welfare (Sec. 42 – 50) [7] Working Hours of Adults (Sec. 51 – 66) [8] Supplemental (Sec. 107 – 120)
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[1] Overview
1.1 The Factories Act, 1948 as amended by the Factories (Amendment) Act, 1987 serves to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India. It deals with various problems concerning safety, health, efficiency and well-being of the persons at work places.
1.2 This Act came into force from 01/04/1949. It now extends the whole part of the country [Sec. 1].
1.3 The Act is administered by the Ministry of Labour and Employment in India through its Directorate General Factory Advice Service & Labour Institutes (DGFASLI) and by the State Governments through their factory inspectorates.
1.4 DGFASLI advises the Central and State Governments on administration of the Factories Act and coordinating the factory inspection services in the States.
1.5 The State Government may, on its own or on an application made in this behalf by an occupier, direct, by an order in writing that different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory subject to the condition that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier [Sec. 4].
1.6 Power to exempt during public emergency: In any case of public emergency (a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance), the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act except section 67 () for such period and subject to such conditions as it may think fit subject to the condition that no such notification shall be made for a period exceeding 3 (three) months at a time [Sec. 5].
1.7 Approval, licensing and registration of factories: It is executed by the State Government [Sec. 6].
1.8 This Act has – (a) Chapter : 11, (b) Sections: 120 & (c) Schedules: 3. The important aspects which are required to be known to every person who are working in a Factory under this Act are discussed in successive paras hereinafter.
[2] Definition (Sec. 2)
2.1 Adult: A person who has completed 18 (Eighteen) years of age [Sec. 2(a)].
2.2 Adolescent: A person who has completed his 15th year of age but has not completed his 18th year of age. Means to say that, a person who is 15 or above years of age but less than 18 year [Sec.2(b)].
2.3 Calendar Year: The period of 12 (Twelve) months beginning with First January in any year [Sec. 2(bb)].
2.4 Child: A person who has not completed his 15th year of age [Sec. 2(c)].
2.5 Yong person: A person who is either a child or an adolescent. Means a person either below the age of 15 (Fifteen) years or below the age of 18 years [Sec. 2(d)].
2.6 Day: A period of 24 (Twenty Four) hours beginning at Mid-Night (at 00:00 hrs.)[Sec. 2(e)].
2.7 Week: A period of 7 (Seven) days beginning at mid-night on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories [Sec. 2(f)].
2.8 Power: Means – (i) electrical energy, or (ii) any other form of energy which is mechanically transmitted and is not generated by human or animal agency [Sec. 2(g)].
2.9 Worker: A person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a 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 the armed forces of the Union [Sec. 2(l)].
2.10 Factory: Any premises including the precincts thereof-
(i) whereon 10 (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 20(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 [Sec. 2(m)].
Bullet: 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 if no manufacturing process is being carried on in such premises or part thereof.
2.11 Occupier: (n) “occupier” of a factory means the person who has ultimate control over the affairs of the factory subject to the condition 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 subject to the condition 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, 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 office-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;
2.12 Factory Inspector: 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 [Sec. (1)].
[3] Inspecting Staff (Sec. 8 & 9)
3.1 Inspectors: 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 [Sec. 8(1)].
3.2 Chief Inspector: 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 [Sec. (2)].
3.3 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 [Sec. 8(2A)].
3.4 Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under sub-section (2A) as discussed in para 3.3, shall in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the powers of an Inspector throughout the State [Sec. 8(2B)].
3.5 No person shall be appointed under sub-section (1), sub-section (2) sub-section (2A) or sub-section (5) or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith [Sec. (3)].
3.6 Every District Magistrate shall be an Inspector for his district [Sec. 4].
3.7 The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively [Sec. 7].
3.8 In any area where there are more Inspectors than one the State Government may, by notification as aforesaid, declare the powers, which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent [Sec. 6].
3.9 Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this section shall be deemed to be a public servant within the meaning of the Indian Penal Code 1860 and shall be officially subordinate to such authority as the State Government may specify in this behalf [Sec. 7].
3.10 Powers of Inspectors (Sec. 9): 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, 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;
(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 undisturbed (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 be 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 subject to the condition that person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself [Sec. 9(i)]
[4] Health (Sec. 11 – 21 )
4.1 Cleanliness (Sec. 11): According to section 11(1), every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular-
(a) accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner;
(b) the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method;
(c) Where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained;
(d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall-
(i) where they are painted otherwise than with washable water-paint or varnished, be repainted or revarnished at least once in every period of five years;
(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 colour washed, and the whitewashing or colour washing shall be carried out at least once in every period of fourteen months;
(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;
(e) the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register.
4.2 If, in view of the nature of the operations carried on 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 section 11(1), the State Government may by order exempt such factory or class or description of factories or part from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean state [Sec. 11(2)].
4.3 Disposal of wastes and effluents (Sec. 12): According to section 12(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.
4.4 The State Government may make rules prescribing the arrangements to be made under section 12(1) or requiring that the arrangements made in accordance with section 12(1) shall be approved by such authority as may be prescribed [Sec. 12(2)].
4.5 Ventilation and temperature (Sec. 13): According to Section 13(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 there from, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means.
4.6 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 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 [Sec. 13(2)].
4.7 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 section 13(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 [Sec. 13 (3)].
4.8 Dust and fume (Sec. 14): According to Section 14(1), in every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.
4.9 In any factory 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 there from as are likely to be injurious to workers employed in the room [Sec. 14.2)].
4.10 Artificial humidification (Sec. 15): According to Section 15(1), in respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules,-
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the humidity of the air;
(c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded;
(d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms.
4.11 In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used [Sec. 15(2)].
4.12 If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under section 15(2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion would be adopted, and requiring them to be carried out before specified date [Sec. 15(3)].
4.13 Overcrowding (Sec. 16): No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein [Sec. 16(1)].
4.14 For this purpose, in every work room of a factory, at least 9.9 cubic meters of space is required to be built and if factory built after the commencement of this Act, at least 4.2 cubic meters or 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 4.2metres above the level of the floor of the room [Sec. 16(2)].
4.15 The Chief Inspector by order in writing a notice may specifying/fix the maximum number of workers to be employed in the room within a factory [Sec. 16(3)].
4.16 The Chief Inspector may, by order in writing exempt from working in any specific room if it is found unsuitable to work there in the interest of the health of the workers [Sec. 16(4)].
4.17 Lighting (Sec. 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 [Sec. 17(1)].
4.18 In every factory all glazed windows and skylights used for the lighting of the workroom shall be kept clean on both the inner and outer surfaces free from obstruction [Sec. 17(2)].
4.19 As per Section 17(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.
4.20 The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process [Sec. 17(4)].
4.21 Drinking water (Sec. 18): 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 [Sec. 18(1)].
4.22 All drinking water points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within 6 (six) meters of any washing place, urinal, latrine, spittoon, open drain carrying sullage (dirty smelling water) or effluent or any other source of contamination unless a shorter distance is approved in writing by the Chief Inspector [Sec. 18(2)].
4.23 In every factory wherein more 250 (than two hundred and fifty) workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather by effective means and for distribution thereof [Sec. 18(3)].
4.24 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 sections 18(1), 18(2) and 18(3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories.
4.25 Latrines and urinals (19): As per Section 19(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 are 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.
4.26 As per Section 19(2), in every factory wherein more than 250 (two hundred and fifty workers) are ordinarily employed-
(a) all latrine and urinal accommodation shall be of prescribed sanitary types;
(b) the floors and internal walls, up to a height of 90 (ninety) centimeters, of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface;
(c) the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every 7 (seven) days with suitable detergents or disinfectants or with both.
4.27 The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein [Sec. 19(3)].
4.28 Spittoons (Sec. 20): As per section 20(1), in every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.
4.29 The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. [20(2)].
4.30 No person shall spit within the premises of a factory except in the Spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises [Sec. 20 (3)].
4.31 Whoever spits in contravention of section 20(3) as mentioned at Para 4.22, shall be punishable with fine not exceeding Rs. 5 (five rupees) [Sec. 20(4)].
[5] Safety (Sec. 21 – 41)
5.1 Prohibition of employment of women and children near cotton-openers (Sec. 27): As per section 27, no woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work:
subject to the condition that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated
5.2 Safety officers (Sec. 40B): According to Section 40B(1), in every factory,-
(i) wherein 1000 (one thousand) or more workers are ordinarily employed, or
(ii) wherein, the opinion of the State Government any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification.
5.3 (2) The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government.[Sec. 40B(2)].
[6] Welfare (Sec. 42 – 50)
6.1 Washing facilities (Sec. 42): According to Section 42(1), in every factory,-
(a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein;
(b) separate and adequately screened facilities shall be provided for the use of male and female workers;
(c) such facilities shall be conveniently accessible and shall be kept clean.
6.2 The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing [Sec. 42(2)].
6.3 Facilities for storing and drying clothing (Sec. 43): The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing.
6.4 Facilities for sitting (Section 44): According to Section 44(1), in every factory, suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.
6.5 If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working [Sec. 44(2)].
6.6 The State Government may, by notification in the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process [Sec. 44(3)].
6.7 45. First-aid appliances (Sec. 45): According to Section 45(1), there shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards, equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factory.
6.8 Nothing except the prescribed contents shall be kept in a first-aid box or cupboard [Sec. 45 (2)].
6.9 Each first-aid box or cupboard shall be kept in the charge of a separate responsible person 65[who holds a certificate in first-aid treatment recognized by the State Government] and who shall always be readily available during the working hours of the factory [Sec. 45(3)].
6.10 In every factory wherein more than five hundred workers are ordinarily employed] there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory [Sec. 45(4)].
6.11 Canteens (Sec. 46): According to Section 46(1), the State Government may make rules requiring that in any specified factory wherein more than 250 (two hundred and fifty) workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.
6.12 According to Section 46 (2), without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the date by which such canteen shall be provided;
(b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen;
(c) the foodstuffs to be served therein and the charges which may be made therefor;
(d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen;
(dd) the items of expenditure in the running of the canteen which are not to be taken in account in fixing the cost of foodstuffs and which shall be borne by the employer;
(e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c).
6.13 Shelters, rest rooms and lunch rooms (Sec. 47): According to Section 47(1), in every factory wherein more than 150 (one hundred and fifty) workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers:
Subject to the condition that
any canteen maintained in accordance with the provisions of section 46 (As discussed at Para 6.11) shall be regarded as part of the requirements of this sub-section:
Further subject to the condition
that where a lunch room exists no worker shall eat any food in the work room.
6.14 The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition [Sec. 47(2)].
6.15 According to Section 47(3), the State Government may-
(a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section;
(b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section.
6.16 Creches (Sec. 48): According to section 48(1), in every factory wherein more than 30 (thirty) women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of 6(six) years of such women.
6.17 Such rooms (Creches) shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants [Sec. 48(2)].
6.18 According to Section 48(3), the State Government may make rules –
(a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section;
(b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing;
(c) requiring the provision in any factory of free milk or refreshment or both for such children;
(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.
6.19 Welfare officers (Sec. 49): According to Section 49(1), in every factory wherein 500 (five hundred) or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officers as may be prescribed.
6.20 The State Government may prescribe the duties, qualifications and conditions of service of officers employed under section 49(1) [Sec. 49(2)].
6.21 50. Power to make rules to supplement this Chapter (Sec. 50): According to Section 50, the State Government may make rules-
(a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter;
(b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers.
[7] Working Hours of Adults (Sec. 51 – 66)
7.1 Weekly hours (Sec. 51): According to Section 51, no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
7.2 The working hour of a factory is comprehensively discussed in subject named “Labour Accounting”.
7.3 52. Weekly holidays (Sec. 52): According to Section 52(1), no adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,-
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory:
Subject to the condition that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
7.4 Notices given under section 52(1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier [Sec. 52(2)].
7.5 (3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week [Sec. 52 (3)].
7.6 Compensatory holidays (Sec. 53): As per Section 53(1), where as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in section 52(1), he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
7.7 The State Government may prescribe the manner in which the holidays for which provision is made in section 53(1) shall be allowed [Sec. 53(2)].
7.8 Daily hours (Sec. 54): Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than 9 (Nine) hours in any day:
Subject to the condition that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.
7.9 Intervals for rest (Sec. 55): As per Section 55(1), he periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. Means to say that continuous working of more than 5 hours is restricted. The same shall be followed by a break of 1 (One) hour of rest/interval.
7.10 The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of section 55(1) as discussed in Para 7.9 so however that the total number of hours worked by a worker without an interval does not exceed six [Sec. 55(2)].
7.11 Spreadover (Sec. 56): The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than 10:30 (Ten and a half) hours in any day:
subject to the condition that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.
7.12 Night shifts (Sec. 57): Where a worker in a factory works on a shift which extends beyond midnight,-
(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
7.13 Prohibition of overlapping shifts (Sec. 58): As per section 58(1), work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.
7.14 The State Government or subject to the control of the State Government, the Chief Inspector, may by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of section 58(1) [Sec. 58(2)].
7.15 Restriction on double employment (Sec. 60): No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
7.16 Notice of periods of work for adults (Sec. 61): As per section 61(1), there shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work.
7.17 The periods shown in the notice required by section 61(1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54,55, 56 and 58 [Se. 61(2)].
7.18 Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally [Sec. 61(3)].
7.19 Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group [Sec. 61(4)].
7.20 For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work [Sec. 61(5)].
7.21 Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work [Sec. 61(6)].
7.22 Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day [Sec. 61(7)].
7.23 The State Government may prescribe forms of the notice required by section 61(1) and the manner in which it shall be maintained [Sec. 61(8)].
7.24 In the case of a factory beginning work after the commencement of this Act, a copy of the notice referred to in section 61(1) shall be sent in duplicate to the Inspector before the day on which work is begun in the factory [Sec. 61(9)].
7.25 Any proposed change in the system of work in any factory which will necessitate a change in the notice referred to in section 61(1) shall be notified to the Inspector in duplicate before the change is made, and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change [Sec. 61(10)].
7.26 Further restrictions on employment of women (Sec. 66): As per Section 66(1), the provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:
(a) no exemption from the provisions of section 54 may be granted in respect of any woman;
(b) no woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M;
Subject to the condition that that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories vary the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.
(c) there shall be no change of shifts except after a weekly holiday or any other holiday.
7.27 The State Government may make rules providing for the exemption from the restrictions set out in section 66(1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to or deterioration in, any raw material [Sec. 66(2)].
7.28 The rules made under section 66(2) shall remain in force for not more than three years at a time [Sec. 66(3)].
[8] Supplemental (Sec. 107 – 120)
8.1 Obligations of workers (Sec. 111): As per Section 111(1), no worker in a factory-
(a) shall will-fully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein;
(b) shall will-fully and without reasonable cause do anything likely to endanger himself or others; and
(c) shall will-fully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.
8.2 If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both [Sec 111(2)].
8.3 Right of workers, etc. (Sec. 111A): Every worker shall have the right to-
(i) obtain from the occupier, information relating to workers’ health and safety at work,
(ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers’ health and safety at work;
(iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.
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