The FACTORIES ACT, 1948

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The Factory Act, 1948 i

THE FACTORIES ACT, 1948
INDEX
Sec. Particulars Page

CH. I PRELIMINARY
1. Short title, extent and commencement. 1
2. Interpretation. 1
3. References to time of day. 5
4

Power to declare different departments to be 5
5. Power to exempt during public emergency. 5
6. Approval, licensing and registration of factories. 5
7. Notice by occupier. 7
7A. General duties of th e occupie r. 8
7B. General duties of manufactures, etc., as regards a rticles and
substances for use in factories.
8

CH. II THE INSPECTING STAFF

8. Inspectors. 10
9. Powers of Inspectors. 10
10 . Certifyin g surgeons. 11
CH. III HEAL TH
11. Cleanliness. 12
12 . Disposal of wastes and effluents. 14
13 . Ventilation and temperature. 14
14 . Dust and fume. 15
15. Artificia l humidification. 15
16 . Overcrowding. 15
17 . Lighting. 16
18 . Drinking wate r. 16
19 . Latrines and urinals. 17
20. Spitto ons. 17

CH. IV SAFETY
21 . Fencing of machiner y. 18
22 . Work on or near machinery in motion. 19
23 . Employment of young persons on dangerous machines. 20
24 . Striking gear and devices for cutting off powe r. 20
25 . Self -acting machines. 21
26 . Casing of new machiner y. 21
27 . Prohibitio n of employmen t ofwomen
and children near cotton openers.

22
28 . Hoists and lifts. 22

Section Particulars Page
29. Lifting machines, chains, ropes and lifting tackles. 23
30 . Revolvin g machinery 24
31 Presssure plant. 24
32 . Floors, stairs and means of access. 25
33 . Pits, sumps, openings in floors, etc. 25
34 . Excessive weights. 25
35 . Protection of eyes. 25
36 . Precautions against dangerous fumes, gases, etc. 26
36A. Precautions regarding the use of portable electric light. 26
37 . Explosive or inflammable dust, gas, etc. 26
38 . Precautions in case of fire. 27
39 . Power to require specifications of defective
parts or tests of stabilit y. 28
40 . Safety of buildings and machiner y. 28
40 A. Maintenance of buildings. 28
40B. Safety Officers 29
41 . Power to make rules to supplement this Chapte r. 29
CH. IV A PROVISIONS RELATING TO HAZARDOUS PROCESSES
41A. Constitution of Site Appraisal Committees. 29
41C Specific responsibility of the occ upier in relation to
hazardoue processes.
31
41D Power of Central Government to appoint Inquiry
Committee.
32
41E Emergency standards. 32
41F Permissible limits of exposure of chemical and toxic
substances.
33
41G Workers’participation in safety manag ement. 33
41H Right of workers to warn about imminent dange r. 33

CH. V WELFARE
42. Washing facilities. 34
43 . Facilities for storing and drying clothing. 34
44. Facilities for sitting. 34
45. First-aid appliances. 34
46. Canteens. 35
47. Shelters, rest rooms and lunch rooms. 35
48. Creches. 36
49. Welfare officers. 36
50. Power to make rules to supplement this Chapter. 36

CH. VI WORKING HOURS OF ADULTS

51. Weekly hours. 37
53 . Compensator y holidays. 37
54 . Daily hours. 37

The Factory Act, 1948

Section Particulars Page
iii
55. Intervals for rest. 38
56 . Spreadove r. 38
57 . Night shifts. 38
58 . Prohibitio n of overlappin g shifts. 38
59 . Extra wages for overtime. 38
60 . Restriction on double employment. 39
61 . Notice of pe riods of work for adults. 40
62 . Register of adult workers. 41
63 . Hours of work to correspond with notice under
section 61 and register under section 62. 41
64 . Power to make exempting rules. 41
65 . Power to make exempting orders. 43
66 . Further restrictions on employment of women. 44
CH. VII EMPLOYMENT OF YOUNG PERSONS

67. Prohibition of employment of young children. 45
68 . Non -adult workers to carry tokens. 45
69 . Certificates of fitness. 45
70 . Effect of certificate of fitness granted to adolescent. 46
71 . Working hours for children. 46
72 . Notice of periods of work for children. 47
73 . Register of child workers. 47
74 . Hours of work to correspond with notice under
section 72 and register under section 73. 48
75. Powe r to requ ir e medica l examination. 48
76 . Power to make rules. 48
77 . Certain other provisions of law not barred. 48
CH. VIIIANNUAL LEA VE WITH W AGES

78. Application of Chapter. 49
79 . Annual leave with wages. 49
80 . Wages during leave period. 52
81 . Payment in advance in certain
cases.
52
82 . Mode of recovery of unpaid wages. 53
83 . Power to make rules. 53
84 . Power to exempt factories. 53
CH. IX SPECIAL PROVISIONS

85 . Power to apply the Act to certain 53
86 . Power to exempt public in stitutions. 54
87 . Dangerous operations. 54
87A Power to prohibit employment on account of serious 55
88 . Notice of certain accidents 55
88A Notice of certain dangerous occurrences 55

Section Particulars Page
89. Noti ce of certain diseases. 56
90 . Power to direct enquiry into cases of accident or disease. 56
91 . Power to take samples. 57
91A
.
Safety and occupational health surveys 57

CH. X PENALTIES AND PROCEDURE

92. General penalty for offences. 58
93 . Liability of owner of premises in certain circumstances. 59
94 . Enhanced penalty after previous conviction. 60
95. Penalty for obstructing Inspector. 61
96. Penalty for wrongfully disclosing results of analysis under
section 91
61
96A Penalty for contravention of the provisions of sections 41B,
41C and 41H.

61
97 . Offences by workers. 61
98 . Penalty for using false certificate of fitness . 61
101. Exemption of occupier or manager from liability in certain
cases.
62
102 . Power of Court to make orders. 63
103 Presumption as to employment. 63
104 Onus as to age. 63
104A Onus of proving limits of what is practicable, etc 63
105 Cognizance of offences. 63
106 Limitatio n of prosecutions . 63
106A Jurisdiction of a court for entertaining proceedings, etc., for 64

CH. XI SUPPLEMENTAL

107. Appeals. 64
108. Display of notices. 65
109. Service of notices. 65
110. Returns. 65
11 1. Obligations of workers. 65
111A.Right or workers, etc. 65
112. General power to make rules. 66
113. Powers of Centre to give directions. 66
114. No charge for facilities and conveniences. 66
115. Publication of rules. 66
116. Application of Act of Government factories. 66
117. Protection to persons acting under this Act. 66
118. Restriction on disclosure of information. 66

The Factory Act, 1948 v

Section Particulars Page

118A Restriction on disclosure of information 67
119 Act to have effect notwithstanding anything 6 7
120 Repeal and savings. 67

THE FACTORIES ACT, 1948

ACT NO. 63 OF 1948 1

[23rd September, 1948]
An Act to consolidate and amend the law regulati ng labour in factories.
WHEREAS it is expedient to consolidate and amend th e law regulating
labour in factories;
It is hereby enacted as follows:-

CHAPTERI
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 Apri l, 1949.
2 . Interpretation.— In this Act, unless there is anything repugna nt in the
subject or context,-
(a) “adult” means a person who has completed his fifteenth year of age;
(b) “adolescent” means a person who has completed his fifteen 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 inspections 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, examinati ons and inspections, and more
than one person or institution can be recognised as a competent person in relation to
a factory;

1. The Act has been extended to-Dadra and Nagar Hav eli by Reg. 6 of 1963, s. 2 and Sch.
I. Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I. Goa, Daman and Diu by Reg, 11 of 1963,
s. 3 and Sch. Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. I.
2. Subs. by the A. O. 1950 for the former sub-secti on.
3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and
Sch. (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).

(cb) “hazardous process ” means any process or activity in relation to an
industry specified in the First Schedule where, unl ess special care is
taken, raw materials used therein or the intermed iate or finished
products, bye-products, wastes or effluents thereof would—
(i) cause material impairment to the health of th e persons engaged in
or connected therewith, or
(ii) result in the pollution of the general environ ment:
Provided that the State Government may, by notification in the O fficial Gazette,
amend the First Schedule by way of addition, omissi on or variation of any
industry specified in the said Schedule.
(d) “young person” means a person who is either a child or an adolescent;
(e) “day” means a period of twenty-four hours beginning at midnight;
(f) “week” means a period of seven days 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 energ y 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 o r other appliance or
device by which the motion of a prime mover is tr ansmitted to or
received by any machinery or appliance;
(j) “machinery” includes prime movers, transmission machinery and a ll
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, refitt ing, finishing or
breaking up ships or vessels; 3[or]

1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) of clause (k)
(w.e.f. 26-10-1976).
2. Subs. by Act 25 of 1954, s. 2, for former sub-clause (w.e.f. 7.5.1954).
3. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).

The Factory Act, 1948 3

1[(vi) preserving or storing any article in cold storage;]
(l) “worker” means a person 2[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 o f the machinery or
premises used for a manufacturing process, or in any other kind of
work incidental to, or connected with, the manufact uring process, or
the subject of the manufacturing process 1[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, o r 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 3[the Mines Act, 1952 (35 of
1952),] or 4[a mobile unit belonging to the armed forces of the Union, a railway
running shed or a hotel, restaurant or eating place].
6[Explanation. 6I— For computing the number of workers for the purposes of this
clause all the workers in 6*[different groups and relays] in a day shall be taken into account;]
6[Explanation. II.— For the purposes of this clause, the mere fact t hat 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 of no manufacturing process
is being carried on in such premises or part thereof;]
(n) “occupier” of a factory means the person who has ultimate cont rol
over the affairs of the factory. 6[***]
1[Provided that—
(i) in the case of a firm or other association of i ndividuals, 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;

1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
2. Subs. by s. 2, ibid., for certain words (w.e.f. 26-10-1976).
3. Subs. by Act 25 of 1954, s. 2, for “the Indian Mines Act, 1923 (4 of 1923)”.
4. Subs. by Act 94 of 1976, s. 2, for the words “a railway running shed: (w.e.f. 26-10-1976).
5. Ins. by s, 2, ibid. (w.e.f. 26-10-1976).
6. Numbered, subs, ins. and omitted by Act, 20 of 1987, s. 2 (w.e.f. 1-12-1987).

(iii) in the case of a factory owned or controlled by the Central
Government or any State Government, or any local au thority, the
person or persons appointed to manage the affairs o f the factory
by the Central Government, the State Government or the
local authority, as the case may be, shall be de emed to be the
occupier:];
1Provided further that in the case of a ship which isbeing repaired, or on
which maintenance work is being carried out, in a d ry 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, 1[section 7A, section 7B] section 11 or section 12;
(b) section 17, in so far as it relates to the prov iding 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 o wner, 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 sectio n 17 (save as otherwise
provided in this proviso) or Chapter IV (except sec tion 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 t he purpose of carrying
out such repair or maintenance work by such owner, agent, master or
other officer-in-charge or person;]
1[o... omitted]
(p) “prescribed” means prescribed by rules made by the State Government
under this Act;
2[q... omitted]
(r) where work of the same kind is carried out b y two or more sets of
workers working during different periods of the day, each of such sets
is called a 1[“group” or “relay”] and each of such periods is ca lled
a “shift”.

1 Ins. subs, and omitted by Act 20 of 1987, s. 2 (w.e.f. 1-12-87).
2. Omitted by A.O. 1950.

The Factory Act, 1948 5

3 . References 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:
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 observ ed therein, and
(c) permitting such time to be observed in all o r 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 departments o r branches of a factory of the
occupier specified in the application shall be trea ted as separate factories or that
two or more factories of the occupier specified in the application shall be treated as
a single factory:]
2[Provided that no order under this section shall be made by the St ate
Government on its own motion unless on oppo rtunity 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 notificat ion in the Official Gazette,
exempt any factory or class or description of fact ories from all or any of the
provisions of this Act, 3[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.
4[Explanation.— For the purposes of this section “public em ergency” 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 of internal disturbance.]
6 . Approval, licensing and registration of factori es.— (1) The State
Government may make rules-

1. Subs. by Act 25 of 1954, s. 3. for see 4 (w.e.f. 7.5.1954)
2. Subs./Added by Act 20 of 1987 s. 3 (w.e.f. 1-12- 1987).
3. Ins. by the A. O. 1950.
4. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976) .

1[(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;]
2[(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 or the construction or extension of any factory or
class or description of factories;
(b) requiring for the purpose of considering applic ation for such permission
the submission of plans and specifications;
(c) prescribing the nature of such plans and specif ications and by whom
they shall be certified;
(d) requiring the registration and licensing of f actories or any class or
description of factories, and prescribing the fees payable for such
registration and licensing and for the renewal of licences;
(e) requiring that no licence shall be granted or r enewed 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 clause (b) of that sub-section, sent to the State 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 o f a factory or to the registration
and licensing of a factory, the applicant may within thirty days of the date 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
1[if such replacement or addition does not reduce the minimum clear space required
for safe working around the plant or machiner y or adversely affect the
environmental conditions from the evolution or emis sion of steam, heat or dust or
fumes injurious to health].

1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976) .
2. Clause (a) re-lettered as clause (aa) by s. 4, i bid. (w.e.f. 26-10-1976).

The Factory Act, 1948 7

7 . Notice by occupier. — (1) The occupier shall, at least fifteen days before he
begins to occupy or use any premises as a factory, sent to the Chief Inspector a
written notice containing-
(a) the name and situation of the factory;
(b) the name and address of the occupier;

1[(bb) the name and address of the owner of the premises or building (including
the precincts 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 twe lve months in the
case of factories in existence on the date of the c ommencement
of this Act, and
(ii) to be carried on in the factory during the ne xt twelve months in
the case of all factories;
2[(e) the total rated horse power installed or to b e installed in the factory,
which shall not include the rated horse power of any separate stand-by plant;]
(f) the name of the manage of the factory of 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 employ ed during the last
twelve months in the case of factory in existence o n the date of the
commencement of this Act.
(i) such other particulars as may be prescribed.
(2) In respect of all establishments which come wi thin the scope of the
Act for the first time, the occupier shall send a written notice to the Chief
Inspector containing the particulars specified in subsection (1) within thirty days,
from the date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing pro cess which is ordinarily
carried on for less than one hundred and eighty wor king days in the year resumes
working, the occupier shall send a written notice to the Chief Inspector containing
the particulars specified in sub-section (1) 3[at least thirty days] before the date
of the commencement of work.
(4) Whenever a new manager is appointed, the occupi er shall send to the
4[Inspector a written notice and to the Chief Inspector a Copy thereof] within seven
days from the date on which such person takes ove r charges.

1. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7.5.1954).
2. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10-1976).
3. Subs. by Act 40 of 1949, s. 3 and Sch. II for “ within thirty days”.
4. Subs. by Act 25 of 1954, s. 4, for “Chief Inspe ctor a written notice”.

(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 manage, or if no such p erson is found, the occupier
himself, shall be deemed to be the manager of the f actory for the purposes of
this Act.
1[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 prov isions of sub- section (1),
the matters to which such duty extends, shall include-
(a) the provision and maintenance of plant and sys tems of work in the
factory that are safe and without risks to health;
(b) the arrangements in the factory for ensuring sa fety and absence of
risks to health in connection with the use, handling, storage and transport
of articles and substances;
(c) the provision 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 fa ctory in a condition that
is safe without risks to health and the provision a nd maintenance of
such means of access to, and egress from, such plac es as are safe and
without such risks;
(e) the provision, maintenance or monitoring of suc h working environment
in the factory for the workers that is safe, without risks to health and
adequate as regards facilities and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, every occupier shall
prepare, and, as often as may be appropriate, revi se, a written statement of his
general policy with respect to the health and safety of the workers at work and the
organisation and arrangements for the time being i n force for carrying out that
policy, and to bring the statement and any revision thereof to the notice of all the
workers in such manner as may be prescribed.]
2[7B. General duties of manufactures, etc., as regar ds 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, th at the article is so designed
and constructed as to be safe and without risks t o the health of the
workers when properly used;
(b) carry out or arrange for the carrying out of su ch tests and examination

1. Ins. by Art 20 of 1987, s. 4 (w.e.f. 1-12-1987).
2. Ins. by s. 4 ibid, (w.e.f. 1-06-1988).

The Factory Act, 1948 9

as may be considered necessary for the effective im plementation 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 out side India,
is shall be obligatory on the part of the importe r to see—
(a) that the article conforms to the same standar ds if such article is
manufactured in India, or
(b) if the standards adopted in the country outside for the manufacture of
such article is above the standards adopted in Indi a, that the article
conforms to such standards.
(2) Every person, who undertakes to design or m anufacture any article
for use in any factory, may carry out or arrange for the carrying out of
necessary research with a view of the discovery an d, 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-section (1) and (2) shall be construed to
require a person to repeat the testing, examinati on 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-sectio n (1) and (20) shall
extend only to things done in the course of busine ss carried on by him and to
matters within his control.
(5) Where a person designs, manufactures, imports o r supplies an article
on the basis of a written undertaking by the user o f 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 healt h of the workers when properly
used, the undertaking shall have the effect of relieving the person designing,
manufacturing, importing or supplying the artic le from the duty imposed by
clause (a) of sub-section (1) to such extent as is reasonable having regard to the
term of the undertaking.
(6) For the purposes of this section, and articl e is not to be regarded as
properly used if it is used without regard to any i nformation or advice relating
to its use which has been made available 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.

CHAPTERII
THE INSPECTINGST AFF
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 shal l, in addition to the powers
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 i n the Official Gazette,
appoint as many Addition Chief Inspector, Join t Chief Inspector and Deputy
Chief Inspector and as many other officers as it th inks fit to assist the Chief
Inspector and to exercise such of the powers of th e Chief Inspector as may be
specified in such notification.
(2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief
Inspector and every other officer appointed u nder subsection (2A) 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.]
(3) No person shall be appointed under sub-section (1), sub-section (2)
1*[sub-section (2A)] or sub-section (5) or, having been appointed, shall continue to
hold officer, who is or becomes directly or indirectly interested in a factory or in
any process or business carried on therein or in an y patent or machinery
connected therewith.
(4) Every District Magistrate shall be an Inspe ctor for his district.
(5) The State Government may also, by notification as aforesaid, appoint
such public officers as it thinks fit to be additio nal 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 Inspecto rs than one the State
Government may, by notification as aforesaid, decla re the powers which such
Inspectors shall respectively exercise and the Ins pector to whom the prescribed
notices are to be sent.
(7) 2*[Every Chief Inspector, Additional Chief Inspec tor, 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, (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,—

1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976).
2. Subs. by s. 6, ibid. (w.e.f. 26-10-1976).

The Factory Act, 1948 11

(a) enter, with such assistants, being persons in the service of the
Government, or any local or other public authority, 1*[or with an expert]
as he thinks fit, any place which is used, or whic h he has reason to
believe is used, as a factory;
1[(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurren ce, 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 regist er 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 pa rt thereof, or anything
lying therein, shall be left disturbed (whether gen erally 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 suc h recordings as he
considers necessary for the purpose of any examinat ion under clause
(b), taking with him any necessary instrument or equipment;
(h) in case of any article or substance found in an y 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 wo rkers, direct it to the
dismantled or subject it to any process or te st (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 tak e possession of any
such article or substance or a part thereof, and de tain it for so long as
is necessary for such examination;
(i) exercise such other powers as may be prescribed .]
Provided that no person shall be compelled under this section to answer any
question or give any evidence tending to incr iminate himself.
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,
authorize any qualified medical practitioner to exe rcise any of his powers under
this Act for such period as the certifying surgeon may specify and subject to such

1. Ins. and subs. by Act 20 of 1987, s. 5 (w.e.f. 1-12-87).

conditions as the State Government may think fi t to impose, and references in
this Act to a certifying surgeon shall be deemed to include references to any
qualified medical practitioner when so authorized.
(3) No person shall be appointed to be, or authoriz ed to exercise the powers
of, a certifying surgeon, or having been so appoi nted or authorized, continue to
exercise such powers, who is or becomes the occup ier of a factory or is or
becomes directly or indirectly interested therei n or in any process or business
carried on therein or in any patent 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 provisions of this sub-se ction in respect of any
factory or class or description of factori es.]
(4) The certifying surgeon shall carry out such dut ies as may be prescribed
in connection with-
(a) the examination and certification of young pers on unde this Act;
(b) the examination of persons engaged in factories in such dangerous
occupations or processes as may be prescribed;
(c) the exercising of such medical supervision as m ay be prescribed for
any factory or class or description of factories w here—
(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 substances used therein or by reason of t he adoption
of any new manufacturing process or of any new substance
for use in a manufacturing process, there is a like lihood of injury
to the health of workers employed in that manuf acturing
process;
(iii) young persons are, or are about to be, emplo yed 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 spe cified in the Schedule to the
Indian Medical Degrees Act, 1916 (7 of 1916), or i n the Schedules to the Indian
Medical Council Act, 1933 (27 of 1933).

1. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976).

The Factory Act, 1948 13

CHAPTERIII
HEAL TH
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 remove d 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 nece ssary, or by some
other effective method;
(c) where a floor is liable to become wet in the co urse of any manufacturing
process to such extent as is capable of being drain ed, effective means
of drainage shall be provided and maintained;
(d) all inside walls and partitions, all ceilings o r tops of rooms and all walls,
sides and tops of passages and staircases shall—
(i) where they are 1[painted otherwise than with washable water-
paint] or varnished, be repainted or revarnished at least once in
every period of five years;
2[(ia) where they are painted with washable water p aint, 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 eve ry period of six
months;]
(ii) where they are painted or varnished or wher e 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 col ourwashed, and
the whitewashing or colourwashing shall be carried out at least
once in every period of fourteen months;
3[(dd) all doors and window frames and other wooden or metallic framework
and shutters shall be kept painted or varnished a nd the painting or
varnishing shall be carried out at least once in ev ery period of five
years;]
(e) the dates on which the processes required by cl ause (d)are carried out
shall be entered in the prescribed register.

1. Subs. by Act 94 of 1976, s. 8, for the word “painted” (w.e.f. 26-10-1976).
2. Ins. by s. 8, ibid., (w.e.f. 26-10-1976)
3. Subs. by Act 94 of 1976, s. 8, for “in a factory” (w.e.f. 26-10-1976).

(2) If, in view of the nature of the operations car ried on 1*[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 sub- section (1), the State Governm ent may be order exempt such
factory or class or description of factories 1[or part] from any of the provisions of that
sub-section and specify alternative methods for keeping the factory in a clean state.
12. Disposal of wastes and effluents.— 1[(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.]
(2) The State Government may make rules prescribin g the arrangements
to be made under sub-section (1) or requiring th at the arrangements made in
accordance with sub-section(1) shall be approved by such authority as may be prescribed.
13. Ventilation and temperature.— (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 fres h air, and
(b) such a temperature as will secure to work ers 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 therefrom, by separating the process which
produces such temperatures from the workroom, by insulating the
hot parts or by other effective means.
(2) The State Government may prescribe a standard o f adequate ventilation
and reasonable temperature for any factory or class or description of factories or
parts thereof and direct that 2[proper measuring instruments, at such places and i n
such position as may be specified, shall be provide d and such records, as may be
prescribed, shall be maintained.]
2[(3) 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 sub-section (2), serve on the occupier, an order
in writing specifying the measures which, in his o pinion, should be adopted, and
requiring them to be carried out before a specified date.]

1. Ins./Subs. by Act 94 of 1976 (w.e.f. 26-10-1976).
2. Subs. by Act 20 of 1987, s. 6, (w.e.f. 1-12-1987).

The Factory Act, 1948 15

14. Dust and fume.— (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 d ust 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.
(2) In any factory no stationary internal combustio n 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 therefrom as a re likely to be injurious to
workers employed in the room.
15. Artificial humidification.— (1) In respect of all factories in which the humidity
of the air is artificially increased, the State Gov ernment may make rules,—
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially in creasing 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.
(2) In any factory in which the humidity of the air is artificially increased,
the water used for the purp

Excerpt shown. Open the full act in Lexace.

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