The main objectives of the Indian Factories Act, 1948 are to regulate the working conditions in factories, to regulate health, safety welfare, and annual leave and enact special provision in respect of young persons, women and children who work in the factories.

 

1. 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.

 

2. 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.

 

3. 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.

 

4. 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.

 

5. 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

 

1. 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.

 

2. 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.

 

1. The Duties of occupier have been clearly mentioned in the following sections of Factories Act, 1948:

 

The occupier shall, send to the Chief Inspector a written notice in respect of all establishments which come within the scope of the Act for the first time, 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, whenever a new manager is appointed.

 

 

1.  Worker’s participation in safety management (Section 41-G)

 

The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.

 

2.  Right of workers to be warned about imminent dangers (Section 41-H)

 

It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector.

 

3.  Facilities for sitting and canteens (Section 42 to 49)

 

It is the duty of occupier to provide welfare facilities like lunch rooms, canteen, crèche, washing facilities, first-aid appliances etc. to all workers and to appoint a welfare officer.

 

4. Annual leave with wage (Section 79)

 

For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.

 

5. Safety and occupational health survey (Section 91-A)

 

The occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such every, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

 

Duties of Factory Manager

 

1. Right of workers to be warned about imminent danger (Section 41-H)

 

It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger in the factory where the worker is engaged in any hazardous process and send a report forthwith of the action taken to the nearest Inspector.

 

2. Notice of period of work for adults (Section 61)

 

The manager of the factory shall display correctly and 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, the periods during which each relay of the group may be required to work, classify them into groups according to the nature of their work indicating the number of workers in each group, shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work.

 

3. Register of adult workers (Section 62)

 

The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory.

 

4. Annual leave with wage (Section 79)

 

For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.

 

5. Notice of certain disease (Section 89)

 

Where any worker in a factory contracts any disease specified in the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

 

6. Safety and occupational health survey (Section 91-A)

 

The occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such every, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

 

 

Penalties under Factory Act, 1948

 

1. Section 92: General penalty for offences

 

1. Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of the provisions of this
2. Act or of any rules made there under or of any order in writing given there under, the occupier or manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both.
3. Provided that where contravention of any of the provisions of Chapter IV or any rule made there under or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.

 

4. It was held in this case where the occupier or the manager of the factory admits the guilt under Section 92 of the Act.

 

2. Section 94: Enhanced penalty after previous conviction

 

1. If any person who has been convicted of any offence punishable under section 92 is again found guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both;

 

2. Provided further that where contravention of any of the provisions of Chapter IV or any rule made there under or under section 87 has resulted in an accident causing death or serious bodily injury, the shall not be less than thirty-five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury.

 

Changes Brought About by The Factory Act, 1948

 

The following changes were made by The Factories Act, 1948:

 

1. The definition of the term “factory” was widened to cover all industrial establishments employing ten or more workers where power was used and 20 or more workers in all other cases.

 

2. Under the Act of 1934, the State Governments had power to extend the application of the Act to establishments where more than 10 workers were employed. Under the Act of 1948, the State Government may extend the provisions of this Act to any establishment irrespective of the number of the workers employed therein and irrespective of the number of the workers employed on therein and irrespective of the fact that manufacturing work is carried by power or otherwise.

 

3. Chapter III of the Act of 1934 was split into three parts, dealing with health, safety and welfare of workers.

 

4. The basic provisions of the old Act relating to Health, safety, and welfare are extended to all work places irrespective of the number of workers employed, except premises where processes are carried on by the occupier with the sole aid of his family.

 

5. The minimum age for the admission of children to employment has been raised from 12 to 14 years and the minimum permissible daily hours of work of children were reduced from to four and a half hour.

 

6. Provisions are made for the licensing and registration of factories and the prior scrutiny by the Factories Inspectorate of the plans and specifications of factory buildings.

 

7. Employment of children and women between 7 p.m. and 6 a.m. is prohibited. For overtime work, the workers are entitled to twice their normal rate of wages.

 

Changes made in Factories Act, 1948 in 2016

 

The Factories (Amendment) Bill, 2016

 

1. The Factories Act 1948 was an Act of Parliament passed in the United Kingdom by the Labour government of Clement Attlee. It was passed with the intention of safeguarding the health of workers and adopted by India.

 

2. The Factories (Amendment) Bill, 2016 was introduced in Lok Sabha on August 10, 2016 by the Minister for Labour and Employment, Mr. Bandaru Dattatreya. The Bill amends the Factories Act, 1948. The Act regulates the safety, health and welfare of factory workers. The Bill amends provisions related to overtime hours of work.

 

 

1. Section 64: Overtime hours of work in a quarter

 

The Act permits the state government to make rules related to the regulation of overtime hours of work. However, the total number of hours of overtime must not exceed 50 hours for a quarter. The Bill raises this limit to 100 hours. Rules in this regard may be prescribed by the central government as well.

 

2. Section 65: Overtime hours if factory has higher workload

 

The Act enables the state government to permit adult workers in a factory to work overtime hours if the factory has an exceptional work load. Further, the total number of hours of overtime work in a quarter must not exceed 75.

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