LexThe FACTORIES ACT, 1948
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THE FACTORIES ACT, 1948
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Interpretation.
3. References to time of day.
4. Power to declare different departments to be separate factories or two or more factories to be a
single factory.
5. Power to exempt during public emergency.
6. Approval, licensing and registration of factories.
7. Notice by occupier.
CHAPTER II
THE INSPECTING STAFF
7A. General duties of the occupier.
7B. General duties of manufacturers, etc., as regards articles and substances for use in factories.
8. Inspectors.
9. Powers of Inspectors.
10. Certifying surgeons.
CHAPTER III
HEALTH
11. Cleanliness.
12. Disposal of wastes and effluents.
13. Ventilation and temperature.
14. Dust and fume.
15. Artificial humidification.
16. Overcrowding.
17. Lighting.
18. Drinking water.
19. Latrines and urinals.
20. Spittoons.
CHAPTER IV
SAFETY
21. Fencing of machinery.
22. Work on or near machinery in motion.
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SECTIONS
23. Employment of young persons on dangerous machines.
24. Striking gear and devices for cutting off power.
25. Self-acting machines.
26. Casing of new machinery.
27. Prohibition of employment of women and children near cotton-openers.
28. Hoists and lifts.
29. Lifting machines, chains, ropes and lifting tackles.
30. Revolving machinery.
31. Pressure plant.
32. Floors, stairs and means of access.
33. Pits, sumps openings in floors, etc.
34. Excessive weights.
35. Protection of eyes.
36. Precautions against dangerous fumes, gases, etc.
36A. Precautions regarding the use of portable electric light.
37. Explosive or inflammable dust, gas, etc.
38. Precautions in case of fire.
39. Power to require specifications of defective parts or tests of stability.
40. Safety of buildings and machinery.
40A. Maintenance of buildings.
40B. Safety Officers.
41. Power to make rules to supplement this Chapter.
CHAPTER IVA
PROVISION RELATING TO HAZARDOUS PROCESSES
41A. Constitution of Site Appraisal Committees.
41B. Compulsory disclosure of information by the occupier.
41C. Specific responsibility of the occupier in relation to hazardous processes.
41D. Power of Central Government to appoint Inquiry Committee.
41E. Emergency standards.
41F. Permissible limits of exposure of chemical and toxic substances.
41G. Workers’ participation in safety management.
41H. Right of workers to warn about imminent danger.
CHAPTER V
WELFARE
42. Washing facilities.
43. Facilities for storing and drying clothing.
3
SECTIONS
44. Facilities for sitting.
45. First-aid appliances.
46. Canteens.
47. Shelters, rest rooms and lunch rooms.
48. Creches.
49. Welfare officers.
50. Power to make rules to supplement this Chapter.
CHAPTER VI
WORKING HOURS OF ADULTS
51. Weekly hours.
52. Weekly holidays.
53. Compensatory holidays.
54. Daily hours.
55. Intervals for rest.
56. Spread over.
57. Night shifts.
58. Prohibition of overlapping shifts.
59. Extra wages for overtime.
60. Restriction on double employment.
61. Notice of periods of work for adults.
62. Register of adult workers.
63. Hours of work to correspond with notice under section 61 and register under section 62.
64. Power to make exempting rules.
65. Power to make exempting orders.
66. Further restrictions on employment of women.
CHAPTER VII
EMPLOYMENT OF YOUNG PERSONS
67. Prohibition of employment of young children.
68. Non-adult workers to carry tokens.
69. Certificates of fitness.
70. Effect of certificate of fitness granted to adolescent.
71. Working hours for children.
72. Notice of periods of work for children.
73. Register of child workers.
74. Hours of work to correspond with notice under section 72 and register under section 73.—
75. Power to require medical examination.
76. Power to make rules.
77. Certain other provisions of law not barred.
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CHAPTER VIII
ANNUAL LEAVE WITH WAGES
SECTIONS
78. Application of Chapter.
79. Annual leave with wages.
80. Wages during leave period.
81. Payment in advance in certain cases.
82. Mode of recovery of unpaid wages.
83. Power to make rules.
84. Power to exempt factories.
CHAPTER IX
SPECIAL PROVISIONS
85. Power to apply the act to certain premises.
86. Power to exempt public institutions.
87. Dangerous operations.
87A. Power to prohibit employment on account of serious hazard.
88. Notice of certain accidents.
88A. Notice of certain dangerous occurrences.
89. Notice of certain diseases.
90. Power to direct enquiry into cases of accident or disease.
91. Power to take samples.
91A. Safety and occupational health surveys.
CHAPTER X
PENALTIES AND PROCEDURE
92. General penalty for offences.
93. Liability of owner of premises in certain circumstances.
94. Enhanced penalty after previous conviction.
95. Penalty for obstructing Inspector.
96. Penalty for wrongfully disclosing results of analysis under section 91.
96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.
97. Offences by workers.
98. Penalty for using false certificate of fitness.
99. Penalty for permitting double employment of child.
100. [Repealed.]
101. Exemption of occupier or manager from liability in certain cases.
102. Power of Court to make orders.
103. Presumption as to employment.
104. Onus as to age.
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SECTIONS
104A. Onus of proving limits of what is practicable, etc.
105. Cognizance of offences.
106. Limitation of prosecutions.
106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.
CHAPTER XI
SUPPLEMENTAL
107. Appeals.
108. Display of notices.
109. Service of notices.
110. Returns.
111. Obligations of workers.
111A. Right of workers, etc.
112. General power to make rules.
113. Powers of Centre to give directions.
114. No charge for facilities and conveniences.
115. Publication of rules.
116. Application of Act to Government factories.
117. Protection to persons acting under this Act.
118. Restrictions on disclosure of information.
118A. Restriction on disclosure of information.
119. Act to have effect notwithstanding anything contained in Act 37 of 1970.
120. Repeal and savings.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
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THE FACTORIES ACT, 1948
ACT NO. 63 OF 19481
[23rd September, 1948.]
An Act to consolidate and amend the law regulating labour in factories.
WHEREAS it is expedient to consolidate and amend the law regulating labour in factories;
It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Factories Act, 1948.
2[(2) It extends to the whole of India 3***.
(3) It shall come into force on the 1st day of April 1949.
2. Interpretation.—In this Act, unless there is anything repugnant in the subject or context,—
(a) “adult” means a person who has completed his eighteenth year of age;
(b) “adolescent” means a person who has completed his fifteenth year of age but has not
completed his eighteenth year;
4[(bb) “calendar year” means the period of twelve months beginning with the first day of January
in any year;]
(c) “child” means a person who has not completed his fifteenth year of age;
5[(ca) “competent person ”, in relation to any provision of this Act, means a person or an
institution recognised as such by the Chief Inspector for the purposes of carrying out tests,
examinations and inspection required to be done in a factory under the provisions of this Act having
regard to—
(i) the qualifications and experience of the person and facilities available at his disposal; or
(ii) the qualifications and experience of the persons employed in such institution and facilities
available therein,
with regard to the conduct of such tests, examinations and inspections, and more than one person or
institution can be recognised as a competent person in relation to a factory;
(cb) “hazardous process” means any process or activity in relation to an industry specified in the
First Schedule where, unless special care is taken, raw materials used therein or the intermediate or
finished products, bye-products, wastes or effluents thereof would—
(i) cause material impairment to the health of the persons engaged in or connected therewith,
or
(ii) result in the pollution or the general environment:
Provided that the State Government may, by notification in the Official Gazette, amend the First
Schedule by way of addition, omission or variation of any industry specified in the said Schedule;
(d) “young person” means a person who is either a child or an adolescent;
1. The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule; Pondicherry by Reg. 7 of
1963, s. 3 and the First Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule and Laccadive, Minicoy and
Amindivi Islands by Reg. 8 of 1965, s. 3 and the Schedule.
2. Subs. by the A.O. 1950, for the former sub-section.
3. The words “except the state of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
4. Ins. by Act 25 of 1954, s. 2. (w.e.f. 7-5-1954).
5. Ins. by Act 20 of 1987, s. 2. (w.e.f. 1-12-1987).
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(e) “day” means a period of twenty-four hours beginning at midnight:
(f) “week” means a period of seven da ys beginning at midnight on Saturday night or such other
night as may be approved in writing for a particular area by the Chief Inspector of Factories;
(g) “power” means electrical energy or any other form of energy which is mechanically
transmitted and is not generated by human or animal agency;
(h) “prime mover ” means any engine, motor or other appliance which generates or otherwise
provides power;
(i) “transmission machinery” means any shaft, wheel, drum, pulley, system of pulleys, coupling,
clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted
to or received by any machinery or appliance;
(j) ”machinery” includes prime movers, transmission machinery and all other appliances whereby
power is generated, transformed, transmitted or applied;
(k) “manufacturing process” means any 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, or
1[(ii) pumping oil, water, sewage or any other substance; or]
(iii) generating, transforming or transmitting power; or
2[(iv) composing types for printing, printing by letter press , lithography, photogravure or
other similar process or book binding; 3[or]]
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels; 3[or]
3[(vi) preserving or storing any article in cold storage;]
(l) “worker” means a person 4[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 p remises 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 3[but does not include any
member of the armed forces of the Union];
(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 5[the Mines Act, 1952 (35 of 1952)], or 6[a mobile
unit belonging to the armed forces of the Union, railway running shed or a hotel), restaurant or eating
place].
1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) (w.e.f. 26-10-1976).
2. Subs. by Act 25 of 1954, s. 2, for sub-clause (iv) (w.e.f. 7-5-1954).
3. Ins. by Act 94 of 1976, s. 2, (w.e.f. 26-10-1976).
4. Subs. by s. 2, ibid., for “employed, directly or through any agency, whether for wages or not” (w.e.f. 26-10-1976).
5. Subs. by Act 25 of 1954, s. 2, for “the Indian Mines Act, 1923 (4 of 1923)” (w.e.f. 7-5-1954).
6. Subs. by Act 94 of 1976, s. 2, for “a railway running shed” (w.e.f. 26-10-1976).
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1[Explanation 2[I]—For computing the number of workers for the purposes of this clause all the
workers in 3[different groups and relays] in a day shall be taken into account;]
4[Explanation II.—For the purposes of this clause, the mere fact that 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;]
(n) “occupier” of a factory means the person who has ultim ate control over the affairs of the
factory 5***.
4[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 Stale Government or the local authority, as the case may
be, shall be deemed to be the occupier:]
1[6[Provided further 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, 4[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 officer -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 r epair or
maintenance work by such owner, agent, master or other officer-in-charge or person;
7* * * * *
(p) “prescribed” means prescribed by rules made by the State Government under this Act;
8* * * * *
(r) where work of the same kind is carried out by two or more sets of workers working during
different periods of the day, each of such sets is called a 9[“group” or “relay”] and each of such
periods is called a “shift”.
1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
2. The Explanation numbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).
3. Subs. by s. 2, ibid., for “different relays” (w.e.f. 1-12-1987).
4. Ins. by s. 2, ibid. (w.e.f. 1-12-1987).
5. Certain words omitted by s. 2, ibid., (w.e.f. 1-12-1987).
6. Subs. by s. 2, ibid., for “Provided that” (w.e.f. 1-12-1987).
7. Clause (o) omitted by s. 2, ibid., (w.e.f. 1-12-1987).
8. Clause (q) omitted by Act A. O. 1950.
9. Subs. by Act 20 of 1987, s. 2, for “relay” (w.e.f. 1-12-1987).
9
STATE AMENDMENTS
Maharashtra
Amendment of section 2 of 63 of 1948 .—In section 2 of the Factories Act, 1948 (63 of 1948) , in its
application to the State of Maharashtra (hereinafter referred to as “the principal Act”), in clause (m),—
(a) in sub -clause ( i), after the words “whereon ten or more workers” the words “or such number of
workers as may be specified by the State Government by notification, from time to time” shall be inserted;
(b) in sub -clause (ii), after the words “whereon twenty or more workers” the words “or such number of
workers as may be specified by the State Government by notification, from time to time” shall be inserted;
(c) after sub-clause (ii), the following proviso shall be inserted, namely:—
“Provided that, the number of workers to be specified by the State Government in sub -clauses (i) and
(ii) shall not exceed twenty and forty workers, respectively.”.
[Vide Maharashtra Act 40 of 2015, s. 2].
Ladakh (UT)
Section 2.—In clause (m),
(i) in sub -clauses (i) for the words “ten or more workers ”, the words “twenty or more workers ” shall be
substituted;
(ii) in sub-clause(ii), for the words “twenty or more workers”, the words “forty or more workers” shall be
substituted.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 3774(E), dated (23-10-2020).]
Jammu and Kashmir (UT)
Section 2. —In clause (m), in sub -clauses (i) and (ii), for “ten” and “twenty”, substitute “twenty” and
“forty” respectively.
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 3465(E), dated (5-10-2020).]
Uttar Pradesh
Amendment of section 63 of 1948.—In section 2 of the Factories Act, 1948 as amended in its application
to Uttar Pradesh, herein after referred to as principal Act, in clause (m),--
(i) in sub -clause (i), for the words "ten or more ", the words "twenty or more" shall be
substituted;
(ii) in sub -clause (ii), for the words "twenty or more", the words "forty or more" shall be
substituted.
[Vide Uttar Pradesh Act 13 of 2018, s. 2]
Arunachal Pradesh
Amendment of section 2 .—In section 2 of the Factories Act, 1948 (Central Act 63 of 1948), as in
force in the State of Arunachal Pradesh (hereinafter referred to as the “principal Act”), in clause (m),--
(i) in sub-clause (i), for the words “ten or more workers” , the words “twenty or more wo rkers”
shall be substituted.
(ii) in sub-clause (ii), for the words “twenty or more workers” the words “forty or more workers”
shall be substituted.
[Vide Arunachal Pradesh Act 6 of 2020, s. 2]
Rajasthan
Amendment of section 2, Central Act No. 63 of 1948.- In section 2 of the Factories Act, 1948
(Central Act No. 63 of 1948), in its application to the State of Rajasthan, hereinafter referred to as the
principal Act,-
(i) in sub -clause (i) of clause (m), for the existing word "ten", the word "twenty" shall be
substituted; and
(ii) in sub -clause (ii) of clause (m), for the existing word "twenty", the word "forty" shall be
substituted.
[Vide Rajasthan Act 20 of 2014, s. 2]
3. Reference to time of day.—In this Act references to time of day are references to Indian Standard
Time, being five and a half hours ahead of Greenwich Mean Time:
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Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government
may make rules—
(a) specifying the area,
(b) defining the local mean time ordinarily observed therein, and
(c) permitting such time to be observed in all or any of the factories situated in the area.
1[4. Power to declare different departments to be separate factories or two or more factories to be a
single factory.—The State Government may, 2[on its own or] on an application made in this behalf by an
occupier, direct, by an order in writing 2[and subject to such conditions as it may deem fit], that for all or any
of the purposes of this Act different departm ents 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:]
3[Provided that no order und er this section shall be made by the State Government on its own motion
unless an opportunity of being heard is given to the occupier.]
5. Power to exempt during public emergency.—In any case of public emergency 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 4[except section 67] for such period and subject to such conditions as it may
think fit:
Provided that no such notification shall be made for a period exceeding three months at a time.
5[Explanation.—For the purposes of this section “public emergency” means 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.]
Arunachal Pradesh
Insertion of section 5A.—After section 5 of the principal Act, the following section shall be inserted,
namely:--
‘5A. Where the State Government is safisfied in the public interest that it is necessa ry to create more
economic activities and employment opportunities, it may, by notification in the Official Gazette, exempt,
subject to such conditions as it may think fit, any new factory or class or description of new factories
which are established and whose commercial production start, from or any of the provisions of this Act
for a period of one thousand days from the date on which such commercial production start.’
Explanation.—For the purposes of this section, the expression “new factory or class or description of
new factories” means such factory or class or description of factories which are established and whose
commercial production start within a period of one thousands days after the commencement of the
Factories (Arunachal Pradesh Amendment) ordinance, 2020.
[Vide Arunachal Pradesh Act 6 of 2020, s. 3]
6. Approval, licensing and registration of factories.—(1) The State Government may make rules—
6[(a) requiring, for the purposes of this Act, the submission of plans of any class or description of
factories to the Chief Inspector or the State Government;]
7[(aa) requiring the previous permission in writing of the State Government or the Chief Inspector
to be obtained for the site on which the factory is to be situated and for the construction or extension
of any factory or class or description of factories;
(b) requiring f or the purpose of considering applications for such permission the submission of
plans and specifications;
(c) prescribing the nature of such plans and specifications and by whom they shall be certified;
(d) requiring the registration and licensing of factories or any class or description of factories, and
prescribing the fees payable for such registration and licensing and for the renewal of licences;
1. Subs. by Act 25 of 1954, s. 3, for section 4 (w.e.f. 7-5-1954).
2. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).
3. Added by s. 2, ibid. (w.e.f. 1-12-1987).
4. Ins. by the A.O. 1950.
5. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976).
6. Ins. by s. 4, ibid. (w.e.f. 26-10-1976).
7. Clause (a) re-lettered as clause (aa) by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).
11
(e) requiring that no licence shall be granted or renewed unless the notice specified in
section 7 has been given.
(2) If on an application for permission referred to in 1[clause (aa)] of sub-section (1) accompanied by
the plans and specifications required by the rules made under clau se (b) of that sub -section, sent to the
Suite Government or Chief Inspector by registered post, no order is communicated to the applicant within
three months from the date on which it is so sent, the permission applied for in the said application shall
be deemed to have been granted.
(3) Where a State Government or a Chief Inspector refuses to grant permission to the site,
construction or extension of a factory or to the registration and licensing of a factory, the applicant may
within thirty days of the da te of such refusal appeal to the Central Government if the decision appealed
from was of the State Government and to the State Government in any other case.
Explanation.—A factory shall not be deemed to be extended within the meaning of this section by
reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of
the addition of any plant or machinery 2[if such replacement or addition does not reduce the minimum
clear space required for safe working around the plant or machinery or adversely affect the environmental
conditions from the evolution or emission of steam, heat or dust or fumes injurious to health].
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;
3[(bb) the name and address of the owner of the premises or building (including the preci ncts
thereof) referred to in section 93;]
(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;
4[(e) the total rated horse power installed or to be installed in the factory, which shall not inclu de
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 lime, 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 co ntaining the particulars specified in sub -section (1) 5[at least thirty days]
before the date of the commencement of work.
1. Subs. by Act 94 of 1976, s. 4, for “clause (a)” (w.e.f. 26-10-1976).
2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976).
3. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954).
4. Subs. by Act 94 of 1976, s. 5, for “clause (e)” (w.e.f. 26-10-1976).
5. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “within thirty days” (w.e.f. 1-5-1949).
12
(4) Whenever a new manager is appointed, the occupier shall send to the 1[Inspector a written notice
and to the Chief Inspector a cop y thereof] within seven days from the date on which such person takes
over charge.
(5) During any period for which no person has been designated as manager of a factory or during
which the person designated does not manage the factory, any person found acting as manager, or if no
such person is found, the occupier himself, shall be deemed to be the manager of the factory for the
purposes of this Act.
CHAPTER II
THE INSPECTING STAFF
2[7A. General 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 arrangements 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 condi tion that is safe and without
risks to health and the provision 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 fac tory 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 safely of the
workers at work and the organisation and arrangements for the time being in force for carrying out that
policy, and to bring the statement and any revision thereof t o the notice of all the workers in such manner
as may be prescribed.
7B. General duties of manufacturers, etc., as regards articles and substances for use in
factories.—(1) Every person who designs, manufactures, imports or supplies any article for use in any
factory, shall—
(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to
be safe and without risks to the health of the workers when properly used;
(b) carry out or arrange for the carrying out of such tests and examination as may be considered
necessary for the effective implementation of the provisions of clause (a);
(c) take such steps as may be necessary to ensure that adequate information will be available—
(i) in connection with the use of the article in any factory;
(ii) about the use for which it is designed and tested; and
(iii) about any conditions necessary to ensure that the article, when put to such use, will be
safe, and without risks to the health of the workers:
Provided that where an article is designed or manufactured outside India, it shall be obligatory on the
part of the importer to see—
(a) that the article conforms to the same standards if such article is manufactured in India, or
1. Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954).
2. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987).
13
(b) if the standards adopted in the country outside for the manufacture of such article is above the
standards adopted in India, that the article conforms to such standards.
(2) Every person, who undertakes to design or manufacture any article for use in any factory m ay
carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as
is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the
workers to which the design or article may give rise.
(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the
testing, examination or research which has been carried out otherwise than by him or at his instance in so
far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.
(4) Any duty imposed on any person by sub -sections (1) and ( 2) shall extend only to things done in
the course of business carried on by him and to matters within his control.
(5) Where a person designs, manufactures, imports or supplies an article on the basis of a written
undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as
is reasonably practicable, that the article will be safe and without risks to the health of the workers when
properly used, the undertaking shall have the effect of relieving the person designing, manufacturing,
importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as
is reasonable having regard to the terms of the undertaking.
(6) For the purposes of this section, an article is not to be regarded as properly used if it is used
without regard to any information or advice relating to its use which has been made av ailable by the
person who has designed, manufactured, imported or supplied the article.
Explanation.—For the purposes of this section”, “article” shall include plant and machinery].
STATE AMENDMENT
Tamil Nadu
Insertion of new section 7 -AA.—After section 7-A of the Factories Act, 1948 (Central Act LXIII of
1948), the following section shall be inserted, namely:--
“7-AA. Occupier of Match or Fire Works Factory to insure workers. --(1) The occupier of
every factory wherein the manufacture of match or fire works is carried on shall get every worker
employed in the factory insured for a sum of not less than fifty thousand rupees and keep the
insurance alive so long as the worker is employed in the factory. The payment of premium for such
insurance shall be the liability of the occupier.
(2) The occupier shall send to the Chief Inspector a report containing the details of the insurance
referred to in sub-section (1) at such intervals with such particulars, in such form and in such manner
as may be prescribed by the State Government.
(3) If an occupier fails to comply with the provisions of sub -section (1), the Chief Inspector may,
after giving the occupier an opportunity of being heard and after considering th e representation, if
any, cancel the licence granted under this Act.".
[Vide Tamil Nadu Act 29 of 2007, s. 2]
8. 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 pow ers conferred on a Chief Inspector under this Act,
exercise the powers of an Inspector throughout the State.
1[(2A) 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.
1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976).
14
(2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other
officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in
the notification by which he is appointed, exercise the power of an Inspector throughout the State].
(3) No person shall be appointed under sub -section ( 1), sub -section ( 2)1[,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 b usiness carried on therein or in any patent or
machinery connected therewith.
(4) Every District Magistrate shall be an Inspector for his district.
(5) 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.
(6) In any area where there are more Inspectors than one the State Government may, by notification
as aforesaid, decl are the powers which such Inspectors shall respectively exercise and the Inspector to
whom the prescribed notices are to be sent.
(7)1[Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief 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 (45 of 1860), and shall be officially subordinate to such authority as the
State Government may specify in this behalf.
9. Powers of Inspectors.—Subject to any rules made in this behalf, an 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, 2[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;
3[(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether resulting in bo dily 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 h e considers necessary for
the purpose of any examination u nder clause ( b), taking with hi m 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 hi m as having c aused 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:]
1. Subs. by Act 94 of 1976, s. 6,for “every Chief Inspector and Inspector” (w.e.f. 26-10-1976).
2. Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987).
3. Subs. by s. 5, ibid., for clause (b) and (c) (w.e.f. 1-12-1987 ).
15
10. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to
be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or
description of factories as it may assign to them respectively.
(2) A certifying surgeon may, with the approval of the State Government, authorise any
qualified medical practitioner to exercise any of his powers under this Act for such period as the
certifying surgeon may specify and subject to such conditions as the State Government may think fit to
impose, and references in this Act to a certifying surgeon shall be deemed to include references to any
qualified medical practitioner when so authorised.
(3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon,
or having been so appointed or authorised, continue to exercise such powers, who is or becomes the
occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business
carried on therein on in any process or machinery connected therewith or is otherwise in the employ of
the factory:
1[Provided that the State Government may, by order in writing and subject to such conditions as may
be specified in the order, exempt any person or class of persons from the pr ovisions of this sub-section in
respect of any factory or class or description of factories.]
(4) The certifying surgeon shall carry out such duties as may be prescribed in connection with—
(a) the examination and certification of young persons this Act;
(b) the examination of person engaged in factories in such dangerous occupations or processes as
may be prescribed;
(c) the exercising of such medical supervision as may be prescribed for any factory or class or
description of factories where—
(i) cases of illness have occurred which it is reasonable to believe are due to the nature of the
manufacturing process carried on, or other conditions of work prevailing, therein;
(ii) by reason of any change in the manufacturing process carried on or in the substance s used
therein or by reason of the adoption of any new manufacturing process or of any new substance for
use in a manufacturing process, there is a likelihood of injury to the health of workers employed in
that manufacturing process;
(iii) young persons are, or are about to be, employed in any work which is likely to cause injury
to their health.
Explanation.—In this section “qualified medical practitioner” means a person holding a qualification
granted by an authority specified in the Schedule to the Ind ian Medical Degrees Act, 1916 (7 of 1916), or
in the Schedules to the Indian Medical Council Act, 1933 (27 of 1933)2.
CHAPTER III
HEALTH
11. Cleanliness.—(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 3[painted otherwise than with washable water -paint] or varnished, be re -
painted or re-varnished at least once in every period of five years;
1. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976).
2. See now the Indian Medical Council Act, 1956 (102 of 1956).
3. Subs. by Act 94 of 1976, s. 8, for “painted” (w.e.f. 26-10-1976).
16
1[(ia) where they are painted with washable water -paint, be re -painted with at least one coat
of such paint at least once in every p eriod 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 white washed or colour washed, and the white washing or
colour washing shall be carried out at least once in every period of fourteen months;
2[(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.
(2) If, in view of the nature of the operations carried on 3[in a factoryExcerpt shown. Open the full act in Lexace.