LexThe Factory Act , 1948
Punjab · state statute
Open in Lexace · Ask the AI about this actSec. 2 The Factories Act, 1948
1
THE FACTORIES ACT, 1948
Sec.
[ACT NO. LXIII OF 1948]
(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 1
PRELIMINARY
1. Short title, extent and commencement. - (1) This Act may be called the
Factories Act, 1948.
1[(2) It extends to the whole of India. 2[***]
(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;
3[(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;
4[(ca) “competent person ”, in relation to any prov ision 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,
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, unle ss special
care is taken, raw materials used therein or the intermediate or
finished products, bye -products, wastes or effluents thereof
would-
1 Subs. by the Adaptn. of Laws Order, 1950 for former sub -sec. and subsequently
amended by Act 51 of 1970.
2 The words except the State of “Jammu and Kashmir” omitted by amended by Act 51 of
1970.
3 Ins. by Act 25 of 1954
4 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
2 The Factories Act, 1948
Sec. 2
(i) cause material impairment to the health of the persons
engaged in or connected therewith, or
(ii) result in the pollution of 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 pe rson” 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 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; or
4(vi) preserving or storing any article in cold storage.]
(l) “worker” means a person 5[employed, directly or by or through
any agency (including a contract or) with or without the
knowledge of the principal employer, whether for remuneration
or not,] in any manufacturing process, or in cleaning any part of
1 Cl. (ii) reading “pumping oil, water, sewage, or ” sub. by Act 94 of 1976 (w.e.f.
26.10.1976)
2 Cl. (iv) by Act 25 of 1954.
3 Ins. cls. (iv) and (v), the word “or” added by Act 94 of 1976 (w.e.f. 26.10.1976)
4 Cl. (vi) ins. by Act 94 of 1976 (w.e.f. 26.10.1976).
5 Subs. for “employed directly or through any agency, whether for wages or not” by Act 94
of 1976 (w.e.f. 26.10.1976).
Sec. 2 The Factories Act, 1948
3
the machinery or premises used for a manufacturing process, or
in any other kind of work incidental to, or connected with, the
manufacturing process, or the subject of the manufacturing
process, 1[but does not include any member of the armed forces
of the Union;]
(m) “factory” means any premises including the precints thereof-
(i) whereon ten or more worke rs 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 w ere
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 2[the Mines Act, 1952 (35
of 1952) or 3[a mobile unit belonging to the armed forces of the Union, a railway
running shed or a hotel, restaurant or eating place;]
4[Explanation 5[I].-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
taken into account;]
7[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 ultimate
control over the affairs of the factory,
8[***]
9[Provided that-
(i) in the case of a firm or other association of individuals, any one
of the individual partners or members thereof shall be deemed to
be the occupier;
(ii) in the case of a company, any one of the directors, shall be
deemed to be the occupier;
(iii) in the case of a factory owned or controlled by the Central
Government, or any State Government, or any local authority,
the person or persons appointed to manage the affairs of the
factory by the Central Government, the State Government or the
local authority, as the case may be , shall be deemed to be the
occupier]:
1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976).
2 Subs. Šfor “The Indian Mines Act,1923 (4 of 1923)” by Act 25 of 1954
3 Subs. for “A railway running shed” by Act 94 of 1976
4 Explanation ins. by Act 94 of 1976
5 Renumbered by Act 20 of 1987
6 Subs. by Act 20 of 1987 (w.e.f. 1.2.1987)
7 Ins. by Act 20 of 1987
8 Del. by Act 20 of 1987 (w.e.f. 1.12.1987)
9 Proviso by ibid. Ins. by Act 20 of 1987
4 The Factories Act, 1948
Sec. 3
1[2[Provided further that] in the case of a ship which is being repaired, or on
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 b e the occupier for the
purposes of any matter provided for by or under-
(a) section 6, section 7, 3[section 7A, section 7B], section 11
11 or section 12;
(b) section 17, in so far as it relates to the providing and
maintenance of sufficient and suitable lig hting 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 repair or maintenance work by such
owner, agent, master or other officer -in-charge or
person;]
(o) 4[***]
(p) “prescribed means prescribed by rules made by the 5[State]
Government under this Act;
(q) 6[***]
(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 7[“Group” or “relay”] and each of such
periods is called a “shift”.
3. References to time of day. - In this Act references to time of day are
references to Indian Standard Time, being five and half hours ahead of
Greenwich Mean Time:
Provided that for any area in which Indian Standard Time is not ordinarily
observed the 8[State] Government may make rules-
1 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976.)
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Omitted by Act 20 of 1987 (w.e.f. 1.12.1987)
5 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
6 Omitted by the Adaptn. of Laws Order, 1950
7 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
8 Sub. for “Provincial” by the Adaptn. of Laws Order, 1950.
Sec. 6 The Factories Act, 1948
5
(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 application made in this behalf by an occupier , direct, by an order
in writing, 3[and subject to such conditions as it may deem fit], that for all or any
any of the purposes of this Act different departments or branches of a factory of
the occupier specified in the application shall be treated as separate factories or
that two or more factories of the occupier specified in the application shall be
treated as a single factory:]
4[Provided that no order under this section shall be made by the State
Government on its own motion unless an opportunity of being heard is given to
the occupier.]
5. Power to exempt during public emergency. - In any case of public
emergency the 5[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 6[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.
7[Explanation.- For the purposes of this sec tion “public emergency” means a
grave emergency whereby the security of India or any part of the territory thereof
is threatened, whether by war or external aggression or internal disturbance.]
6. Approval, licensing and registration of factories. - (1) Th e 8[State]
Government may make rules-
9[(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;]
10[(aa) requiring the previous permission in writing of t he 11[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 for the purpose of considering applic ations 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;
1 Subs. by Act 25 of 1954.
2 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Added by Act 20 of 1987 (w.e.f. 1.12.1987)
5 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
6 Ins. by Act 25 of 1954
7 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
8 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
9 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976).
10 Original Cl. (a) relettered as Cl.(aa) by Act 94 of 1976 (w.e.f. 26.10.1976).
11 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
6 The Factories Act, 1948
Sec.
(d) requiring the registration and licensing of factories or any class
or description o f 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 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 clause (b) of that sub -section, sent to the 2[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 the said application shall be deemed to have been granted.
(3) Where a 3[State] Government or a Chief Inspector refuses to grant
permission to the site, construction or extension of 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 4[State] Government and to the 5[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, 6[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;
7[(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 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 d uring the next twelve
months in the case of all factories;
8[(e) the total rated horse -power installed or to be installed in the
factory, which shall not include the rated horse -power of any
separate stand by plant;]
1 Subs. for “clause (a)” Factories (Amendment) Act, 1976 (w.e.f. 16.10.1976)
2 Subs. for “Provincial” by Factories (Amendment) Act, 1976 (w.e.f. 16.10.1976).
3 Subs. for “Provincial” by Factories (Amendment) Act, 1976 (w.e.f. 16.10.1976).
4 Subs. for “Provincial” by Factories (Amendment) Act, 1976 (w.e.f. 16.10.1976).
5 Subs. for “Provincial” by Factories (Amendment) Act, 1976 (w.e.f. 16.10.1976).
6 Ins. by Factories (Amendment) Act, 1976 (w.e.f. 26.10.1976)
7 Ins. by Act 94 of 1976
8 Cl.(e) subs. by Act 94 of 1976 (w.e.f. 26.10.1976)
Sec. 7A The Factories Act, 1948
7
(f) the name of the manager of the fa ctory for the purposes of this
Act;
(g) the number of workers likely to be employed in the factory;
(h) the average number of workers per day employed during the last
twelve months in the case of a factory in existence on the date of
the commencement of this Act;
(i) such other particulars as may be prescribed.
(2) In respect of all establishments which come within the scope of the Act
for the first time, the occupier shall send a written notice to the Chief Inspector
containing the particulars specified in sub-section (1) within thirty days from the
date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process which is ordinarily
carried on for less than one hundred and eighty working days in the year
resumes working, the occupier shall send a written notice to the Chief Inspector
containing the particulars specified in sub-section (1) 1[at least thirty days] before
the date of the commencement of work.
(4) Whenever a new manager is appointed, the occupier shall send to the
2[Inspector a written notice and to the Chief Inspector a copy thereof] within
seven days from the date on which such person takes over charge.
(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.
3[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 risk 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 pl aces of work in the factory in a
condition 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, or maintenance or monitor ing of such working
environment in the factory for the workers that is safe, without
risk to health and adequate as regards facilities and
arrangements for their welfare at work.
1 Subs. for “within thirty days” by Act 40 of 1949.
2 Subs. for “Chief Inspector a written notice” by Act 25 of 1954
3 Ins. by Act 20 of 1987 (w.e.f. 1.12.1987)
8 The Factories Act, 1948
Sec. 7B
(3) Except in such cases as may be prescribed, every occupier shall prepare,
and, as often as may be appropriate, revise, a written statement of his general
policy with respect to the health and safety of the workers at work and the
organisation and arrangements for the time being in force for carrying out that
policy, and to bring the statement and any revision thereof to the notice of all the
workers in such manner as may be prescribed.]
1[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 ou t 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
(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 fa ctory may 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 minimization 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 b e 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 s uch extent as is reasonable having
regard to the terms of the undertaking.
1 Ins. by the Factories (Amendment) Act, 1987 (w.e.f. 1.6.1988)
Sec.
The Factories Act, 1948
9
(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 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.]
CHAPTER II
THE INSPECTING STAFF
8. Inspectors. - (1) The 1[State] Gove rnment 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 2[State] Government may, b y notification in the Official Gazette,
appoint any person to be a Chief Inspector who shall, in addition to the powers
conferred on a Chief Inspector under this Act, exercise the powers of an Inspector
throughout the State.
3[(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 C hief Inspector as may be
specified in such notification.
(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 spe cified 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),
4[sub-section (2A)] or sub -section (5), or, having been so appointed, s hall
continue to hold office, who is or becomes directly or indirectly interested in a
factory or in any process or business carried on therein or in any patent or
machinery connected therewith.
(4) Every District Magistrate shall be an Inspector for his district.
(5) The 5[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 6[State]
Government may, by notification as aforesaid, declare the powers, which such
Inspectors shall respectively exercise and the Inspector to whom the prescribed
notices are to be sent.
(7) 7[Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector,
Deputy Chief Inspector, Inspector and every other officer appointed under this
section] shall be deemed to be a public servant within the meaning of the Indian
1 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
2 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
3 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
4 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976).
5 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
6 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
7 Subs. for “Every Chief Inspector and Inspector” by Act 94 of 1976 (w.e.f. 26.10.1976)
10 The Factories Act, 1948
Sec.
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, 1[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;
2[(b) make exami nation of the premises, plant, machinery, article or
substance.
(c) inquire into any accident or dangerous occurrence, whether
resulting in bodily injury, disability or not, and take on the spot
or otherwise statements of any person which he may consider
necessary for such inquiry;
(d) require the production of any prescribed register or any other
document relating to the factory;
(e) seize, or take copies of any register, record or other document or
any portion thereof, as he may consider necessary in respect of
any offence under this Act, which he has reason to believe, has
been committed;
(f) direct the occupier that any premises or any part thereof, or
anything lying therein, shall be left undisturbed (whether
generally or in particular respects) f or so long as is necessary for
the purpose of any examination under clause (b);
(g) take measurements and photographs and make such recordings
as he considers necessary for the purpose of any examination
under clause (b), taking with him any necessary ins trument or
equipment;
(h) in case of any article or substance found in any premises, being
an article or substance which appears to him as having caused
or is likely to cause danger to the health or safety of the workers,
direct it to be dismantled or subject it to any process or test (but
not so as to damage or destroy it unless the same is, in the
circumstances necessary, for carrying out the purposes of this
Act), and take possession of any such article or substance or a
part thereof, and detain it f or 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 incriminate himself.
10. Certifyin g surgeons. - (1) The 3[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.
1 Ins. by 20 of 1987 (w.e.f. 1.12.1987)
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
Sec. 11 The Factories Act, 1948
11
(2) A certifying surgeon may, with the approval of the 1[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 2[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 or in any patent or machinery connected therewith or is
otherwise in the employ of the factory:
3[Provided that the State Government may, by order in writing and subject
to such conditions as may be specified in the order, exempt any per son or class
of persons from the provisions 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 certi fication of young persons under 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 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 manuf acturing process
carried on or in the substances 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 tha t 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
Indian Medical Degrees Act, 1916 (VII of 1916), or in the Schedules to the Indian
Medical Council Act, 1933 (XXVII of 1933).
CHAPTER III
HEALTH
11. Cleanliness.- (1) Every factory shall be kept clean and free fro m effluvia
arising from any drain, privy or other nuisance, and in particular-
(a) accumulations of dirt and refuse shall be removed daily by
sweeping or by any other effective method from the floors and
1 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
2 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
3 Proviso ins. by Act 94 of 1976 (w.e.f. 26.10.1976.)
12 The Factories Act, 1948
Sec. 12
benches of workrooms and from staircases and passag es, 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 co urse 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 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 -paint, be
repainted with at least one coat of such paint at least
once in every period of three years and washed at least
once in every period of six months;]
(ii) where they are painted or vanished 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;
3[(dd) all door s 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 4[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 5[State] Government may, by order exempt such
factory or class or description of factories 6[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.- 7[(1) Effective arrangements shall be
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.]
1 Subs. for “painted” by Act 94 of 1976 (w.e.f. 26.10.1976)
2 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976).
3 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
4 Subs. for “in a factory” by Act 94 of 1976 (w.e.f. 26.10.1976.)
5 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
6 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
7 Ins. by Act 94 of 1976 (w.e.f. 26.10.1976)
Sec. 15 The Factories Act, 1948
13
(2) The 1[State] Government may make rules prescribing the arrangements
to be made under sub -section (1) or requiring that 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 fresh air, and
(b) such a temperature as will secure to workers therein reasonable
conditions of comfort and prevent injury to health;
and in particular-
(i) walls and roofs shall be of such material and so designed that
such temperature shall not be exceeded but kept as low as
practicable;
(ii) where the nature of the work carried on in the factory involves,
or is likely to involve, the production of excessively high
temperatures, such adequate measures as are practicable shall
be taken to protect the workers therefrom, by separating the
process which produces such temperatures from the workroom,
by insulating the hot parts or by other effective means.
(2) The 2[State] Government may prescribe a standard of adequate
ventilation and reasonable temperature for any factory or class or description of
factories or parts thereof and direct that 3[proper measuring instruments, at
such places and in such position as may be specified, shall be provided and such
records, as may be prescribed, shall be maintained.]
4[(3) If it appea rs 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 me asures which, in his opinion, should be
adopted, and requiring them to be carried out before a specified date.]
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 ot her
impurity of such a nature and to such an extent as is likely to be injurious or
offensive to the workers employed therein, or any dust in substantial quantities,
effective measures shall be taken to prevent its inhalation and accumulation in
any workro om, 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 as far as possible.
(2) In any factory no stationary internal combustion engine shall be operated
unless the exhaust is conducted into the open air, and no other internal
combustion engine shall be operated in any room unless effective measures have
been taken to prevent such accumulation of fumes therefrom as are likely to be
injurious to workers employed in the room.
1 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
2 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987).
4 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987).
14 The Factories Act, 1948
Sec. 15
15. Artificial humidification. - (1) In respect of all factories in which the
humidity of the air is artificially increased, the 1[State] Government may make
rules-
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the
humidity of the air;
(c) directing prescribed tests for determining the humidity of the air
to be correctly carried out and recorded;
(d) prescribing methods to be adopted for securing adequate
ventilation and cooling of the air in the workrooms.
(2) In any factory in which the humidity of the air is artificially increased,
the water used for the purpose shall be taken from a public supply, or other
source of drinking water, or shall be effectively purified before it is so used.
(3) If it appears to an Inspector that the water used in a factory for
increasing humidity which is required to be effectively purified under sub -section
(2) is not effectively purified he may serve on th e manager of the factory an order
in writing, specifying the measures which in his opinion should be adopted, and
requiring them to be carried out before specified date.
16. Over-crowding.- (1) No room in any factory shall be over -crowded to an
extent injurious to the health of the workers employed therein.
(2) Without prejudice to the generality of sub -section (1), there shall be in
every workroom of a factory in existence on the date of the commencement of this
Act at least 2[9.9 cubic metres] and of a f actory built after the commencement of
this Act at least 3[14.2 cubic metres] or space for every worker employed therein,
and for the purposes of this sub -section no account shall be taken of any space
which is more than 4[4.2 metres] above the level of the floor of the room.
(3) If the Chief Inspector by order in writing so requires, there shall be
posted in each workroom of a factory a notice specifying the maximum number of
workers who may, in compliance with the provisions of this section, be employed
in the room.
(4) The Chief Inspector may by order in writing exempt, subject to such
conditions, if any, as he may think fit to impose, any workroom from the
provisions of this section, if he is satisfied that compliance therewith in respect of
the room is unnecessary in the interest of the health of the workers employed
therein.
17. Lighting.- (1) In every part of a factory where workers are working or
passing there shall be provided and maintained sufficient and suitable lighting,
natural or artificial, or both.
(2) In every factory all glazed windows and skylights used for the lighting of
the workroom shall be kept clean on both the inner and outer surfaces and, so
far as compliance with the provisions of any rules made under sub -section (3) of
section 13 will allow, free from obstruction.
(3) In every factory effective provision shall, so far as practicable, be made
for the prevention of-
1 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
4 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
Sec. 19 The Factories Act, 1948
15
(a) glare, either directly from a source of light or by reflection from a
smooth or polished surface;
(b) the format ion of shadows to such an extent as to cause eye -
strain or the risk of accident to any worker.
(4) The 1[State] Government may prescribe standards of sufficient and
suitable lighting for factories or for any class or description of factories or for any
manufacturing process.
18. Drinking water. - (1) In every factory effective arrangements shall be
made to provide and maintain at suitable points conveniently situated for all
workers employed therein a sufficient supply of wholesome drinking water.
(2) All s uch points shall be legibly marked “drinking water” in a language
understood by a majority of the workers employed in the factory, and no such
point shall be situated within 2[six metres of any washing place, urinal, latrine,
spittoom, open drain carrying sullage or effluent or any other source of
contamination] unless a shorter distance is approved in writing by the Chief
Inspector.
(3) In every factory wherein more than two hundred and fifty workers are
ordinarily employed provision shall be made for cool drinking water during hot
weather by effective means and for distribution thereof.
(4) In respect of all factories or any class or description of factories the
3[State] Government may make rules for securing compliance with the provisions
of sub-sections (1), (2) and (3) and for the examination by prescribed authorities
of the supply and distribution of drinking water in factories.
19. Latrines and urinals.- (1) In every factory-
(a) sufficient latrine and urinal accommodation of prescribed types
shall be provided conveniently situated and accessible to workers
at all times while they are at the factory;
(b) separate enclosed accommodation shall be provided for male and
female workers;
(c) such accommodation shall be adequately lighted and ventilated,
and no latrine or urinal shall, unless specially exempted in
writing by the Chief Inspector, communicate with any workroom
except through an intervening open space or ventilated passage;
(d) all such accommodation shall be maintained in a clean and
sanitary condition at all times;
(e) sweepers shall be employed whose primary duty it would be to
keep clean latrines, urinals and washing places.
(2) In every factory wherein more than two hundred and fifty workers are
ordinarily employed-
(a) all latrine and urinal accommodation shall be of prescribed
sanitary types;
(b) the floors and internal walls, up to a height of 4[Ninety
Centimetres], of the latrines and urinals and the sanitary blocks
shall be laid in glazed tiles or otherwise finished to provide a
smooth polished impervious surface;
1 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
2 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
3 Subs. for “Provincial” by the Adaptn. of Laws Order, 1950
4 Subs. by Act 20 of 1987 (w.e.f. 1.12.1987)
16 The Factories Act, 1948
Sec. 20
(c) without prejudice to the provisions of clauses (d)Excerpt shown. Open the full act in Lexace.