Overview: The Factories Act, 1948 | Labour and Industrial Law - CLAT PG PDF Download

Introduction

The Factories Act is one of the earliest labor welfare legislations. Its primary aim is to ensure the health, safety, welfare, proper working hours, and other benefits for workers. The Act mandates that workers should operate in healthy and sanitary conditions, emphasizing the need for precautions to safeguard workers and prevent accidents.

Definition of Factory

According to Section 2(m) of the Factories Act, a "factory" is defined as any premises, including its precincts, where a manufacturing process is carried out with or without the aid of power. The key criteria for a factory include:

• Involvement of a manufacturing process.
• Employment of at least 10 persons with the aid of power or 20 persons without the aid of power.

Meaning of Occupier of Factory

The term "occupier of a factory" as defined in Section 2(n) refers to the individual who has ultimate control over the factory's affairs. This can include:

• Partners in the case of a firm.
• Directors in the case of a company.

If a factory is operated by a company, only the directors of that company can be considered occupiers. The occupier is responsible for ensuring the health, safety, and welfare of workers to the best of their ability while they are working in the factory. The name of the occupier must be reported to the Chief Inspector of Factories. If the provisions of the Factories Act, 1948 are not followed, the occupier will be held accountable.

Definition of Worker

• According to Section 2(1) of the Factories Act, a "worker" is defined as any individual employed, either directly or through an agency, with or without the knowledge of the principal employer, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other work incidental to or connected with the manufacturing process. 
• This definition encompasses individuals involved in various aspects of the manufacturing process, regardless of the nature of their employment.

Definition of Manufacturing Process

As per Section 2(k) of the Factories Act, a "manufacturing process" encompasses a wide range of activities aimed at transforming or preparing articles or substances for use, sale, transport, or disposal. The definition includes processes such as:

• Making, atering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance.
• Pumpingoil,water, sewage, or any other substance.
• Generating, transforming, or transmitting power.
• Composing types for printing, printing by various processes such as letterpress, lithography, photogravure, or book-binding.
• Constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or vessels.
• Preserving or storing any article in cold storage.

Hazardous Process

• Cause significant harm to the health of individuals involved in or associated with the process.
• Lead to the pollution of the general environment.

Provisions Regarding the Health of Workers

Sections 11 to 20 of the Factories Act outline various provisions aimed at ensuring that the working conditions in factories do not adversely affect the health of workers. The key provisions include:

Cleanliness (Section 11):

• Factories must be kept clean and free from dirt, and adequate drainage should be provided.
• Floors should be cleaned regularly, and inside walls, partitions, and ceilings must be repainted or washed at specified intervals.

Disposal of Wastes and Effluents (Section 12):

• Effective disposal of waste materials produced during the manufacturing process is essential.

Ventilation and Temperature (Section 13):

• Factories must have provisions for adequate ventilation and maintaining a comfortable temperature.
• Hot parts of machines should be separated and insulated.

Dust and Fume (Section 14):

• Measures should be taken to prevent the inhalation or accumulation of injurious or offensive dust and fumes.
• Exhaust fumes from internal combustion engines must be directed outside the factory.

Artificial Humidification (Section 15):

• Water used for artificial humidification must be pure and sourced from a drinking water supply.
• The State Government can establish rules regarding the process of humidification.

Overcrowding (Section 16):

• Factories should not be overcrowded, with specific space requirements per worker depending on the factory's age.

Lighting (Section 17):

• Factory premises must be well-lit, with measures to prevent glare or shadows that could cause eyestrain.

Drinking Water (Section 18):

• Arrangements for a sufficient supply of wholesome drinking water must be made, with clear markings for drinking water supply points.
• Restrictions on the proximity of drinking water points to latrines and washing places apply.

Latrines and Urinals (Section 19):

• A sufficient number of latrines and urinals must be provided, with separate provisions for male and female workers.
• Latrines and urinals should be kept clean and sanitary, with specific requirements for factories employing more than 250 workers.

Provisions Regarding the Safety of Workers

Sections 21 to 40A, 40B, and 41 of the Factories Act outline provisions aimed at ensuring the safety of workers in factories. These provisions include:

Fencing to Machinery (Section 21):

• All dangerous machinery must be securely fenced to prevent accidents.

Work on or Near Machinery in Motion (Section 22):

• Only specially trained adult male workers wearing tightly fitting clothes are allowed to work on or near machinery in motion.

Employment of Young Persons on Dangerous Machines (Section 23):

• No young person shall work at any dangerous machine unless they have been specially instructed about the dangers, received sufficient training, and are under the supervision of a knowledgeable person.

Striking Gear and Devices for Cutting Off Power (Section 24):

• Suitable devices for cutting off power from running machinery in emergencies must be provided and maintained in every workroom.

Self-acting Machines (Section 25):

• Moving parts of a self-acting machine must not come within 45 cms of any fixed structure that is not part of the machine.

Casing of New Machinery (Section 26):

• Certain parts of machinery installed after the commencement of the Act must be effectively guarded, such as set screws and bolts.

Women and Children Near Cotton Openers (Section 27):

• Women and children are generally prohibited from working near cotton openers, with certain exceptions.

Hoists, Lifts, Chains, etc. (Sections 28 and 29):

• Every hoist and lift must be constructed safely, with detailed rules for ensuring safety.

Revolving Machinery (Section 30):

• The maximum safe working speed of revolving machinery for grinding must be notified, and steps should be taken to prevent exceeding this speed.

Pressure Plant (Section 31):

• Operations carried out at pressures higher than atmospheric pressure must ensure that safe working pressure is not exceeded.

Floors, Stairs, and Means of Access (Section 32):

• All floors, stairs, passages, and means of access must be of sound construction and properly maintained, with handrails where necessary.

Pits, Sumps, Openings in Floors, etc. (Section 33):

• Fixed vessels, sumps, tanks, pits, or openings that pose a danger due to depth, situation, construction, or contents must be securely covered or fenced.

Excessive Weights (Section 34):

• No person should be employed to lift, carry, or move loads that are likely to cause injury.
• The Government may prescribe maximum weights for lifting, carrying, or moving by different categories of workers.

Protection of Eyes (Section 35):

• For processes involving risk of eye injury from particles or excessive light, effective screens or goggles must be provided for protection.

Precautions Against Dangerous Fumes (Sections 36 and 36A):

• Precautions must be taken when entering chambers or tanks where dangerous fumes are likely to be present, including the use of suitable breathing apparatus.

Explosive or Inflammable Gas, etc. (Section 37):

• Steps must be taken to enclose machines producing inflammable gas, dust, or fumes, and to prevent the accumulation of substances and sources of ignition.

Precautions in Case of Fire (Section 38):

• Fire escapes must be provided, and means of exit in case of fire should be clearly marked.

Safety of Buildings and Machinery (Sections 39 and 40):

• If a building or machine is in a defective or dangerous condition, the Inspector of Factories can order tests to determine safety measures and may prohibit use in case of immediate danger.

Maintenance of Buildings (Section 40A):

• The Inspector of Factories can order repairs to buildings in disrepair that may affect workers' health and welfare.

Safety Officers (Section 40B):

• The State Government may require the employment of Safety Officers in factories based on the number of workers or the risk of bodily injury, poisoning, disease, or other hazards to health.

Provisions regarding the Welfare of Workers

• Factories must provide and maintain adequate and suitable washing facilities for workers.
• Separate facilities for male and female workers should be provided.
• The Government can set standards for these facilities.

Facilities for Storing and Drying Wet Clothing

• State Governments can require factories to provide suitable places for storing and drying wet clothing.

Facilities for Sitting

• Factories must provide suitable arrangements for sitting to workers who primarily work standing.
• If workers can work efficiently while sitting, the Chief Inspector can order seating arrangements for them.

First Aid Appliances

• Factories must have first-aid boxes or cupboards that are readily accessible during working hours.
• There should be at least one box or cupboard for every 150 workers.

Canteens

• Factories with more than 250 workers must provide and maintain canteens for workers.

Shelters

• Factories with more than 150 workers must provide adequate shelters or rest rooms and a lunchroom with drinking water.
• These facilities should be well-lit, ventilated, and maintained in a clean condition.

Creches

• Factories with more than 30 women employees must provide a room for the children (under 6 years) of these women.
• The room should be well-maintained, clean, and in charge of a trained woman.

Welfare Officers

• Factories with 500 or more workers must appoint welfare officers.
• The State Government may set the duties and qualifications for these officers.

Working Hours of Adults

• No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.

Weekly Holidays

• No adult worker shall be required or allowed to work in a factory on the first day of the week, unless he has or will have a holiday for a whole day on one of the three days immediately before or after that day.
• The manager of the factory must give notice of the intention to require the worker to work on that day and the substituted day.
• No worker should work for more than ten days consecutively without a holiday for a whole day.
• Notices can be cancelled by informing the Inspector and displaying a notice in the factory.
• If a worker works on the first day of the week and had a holiday on one of the three days before it, that day will be counted in the previous week's hours.

Compensatory Holidays

• If a worker loses any of the weekly holidays due to an order or rule exempting a factory or its workers from the provisions, he shall be allowed compensatory holidays equal to the number of holidays lost.
• The State Government may prescribe how these holidays shall be allowed.

Daily Hours

• No adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
• With the Chief Inspector's approval, the daily maximum hours may be exceeded to facilitate shift changes.

Intervals for Rest

• No worker shall work for more than five hours without a rest interval of at least half an hour.

Spread Over

• The periods of work for an adult worker in a factory, including intervals for rest, shall not spread over more than ten and a half hours in any day.
• The Chief Inspector may increase the spread over up to twelve hours for specified reasons.

Rules Regarding Employment of Adults Night Shifts

• When a worker's shift extends beyond midnight, their weekly and compensatory holidays are calculated as 24 consecutive hours starting from when their shift ends.
• The following day for the worker is considered the 24-hour period starting from the end of their shift, and any hours worked after midnight are counted in the previous day.

Overlapping Shifts

• Work in a factory cannot be organized in such a way that more than one group of workers is engaged in the same work at the same time.
• The State Government or the Chief Inspector may grant exemptions from this rule.

Double Employment

• No adult worker is allowed to work in a factory on a day when he has already worked in another factory, except in circumstances prescribed by law.

Notice of Periods of Work

• Every factory must display a notice showing the work periods for adults, the classification of workers by work type, and details about shifts and relays.
• Any changes in the work system must be notified to the Inspector before the change.
• The manager of each factory must keep a Register of Adult Workers with details of each worker, their work nature, group, and relay.
• The hours of work for an adult worker must match the notice and the Register.

Employment of Young Persons

• Prohibition of Employment of Young Children (Sec 67-68) No child under fourteen years old can be required or allowed to work in a factory. Children who are fourteen years old or adolescents cannot work in a factory unless they have a certificate of fitness and carry a token referencing this certificate while working.
• Certificates of Fitness (Sec 69) A certifying surgeon examines young people to determine their fitness for work in a factory. The surgeon can grant or renew a certificate of fitness for a child or adolescent to work in a factory. Certificates are valid for twelve months and may have conditions. The surgeon can revoke certificates if the holder is no longer fit to work. Fees for certificates are paid by the occupier, not the young person or their guardians.
• Effect of Certificate of Fitness Granted to Adolescent (Sec 70) An adolescent with a certificate of fitness to work in a factory as an adult, while carrying a token referencing the certificate, is considered an adult for all purposes. Female adolescents and male adolescents over seventeen with such a certificate can only work between 6 a.m. and 7 p.m., unless the State Government allows exceptions.
• Working Hours for Children (Sec 71) No child can work in a factory for more than four and a half hours a day, with a twelve-hour interval including the period between 10 p.m. and 6 a.m. Children can only work in two shifts, each not exceeding five hours, and can only be employed in one of the shifts. The provisions of section 52 apply to child workers. Children cannot work in a factory on days they have already worked in another factory. No female child can work in a factory except between 8 a.m. and 7 p.m.
• Notice of Periods of Work for Children: Sec 72 Factories employing children must display and maintain a notice of work periods for children, showing the periods during which children may work. These periods must comply with the provisions and be fixed in advance.
• Register of Child Workers: Sec 73 Factories employing children must maintain a register of child workers, showing each child's name, work nature, group, relay, and certificate of fitness number. No child can work in a factory unless their details are in the register. Children must work according to the notice of periods of work and the register entries.
• Power to Require Medical Examination: Sec 75 If an Inspector believes a person working in a factory without a fitness certificate is a young person, or a young person with a fitness certificate is unfit for work, he can order a medical examination by a certifying surgeon. The person cannot work in the factory until examined and certified fit or not a young person.

Labour Law Reforms

• The central government aims to replace 29 existing labour laws with four new Codes to simplify and modernize labour regulation. The key challenges in these reforms include balancing employment growth with worker protection, addressing the coverage of small firms, and updating laws to accommodate emerging forms of labour like gig work.
• The Codes aim to reduce compliance burdens for small establishments while ensuring basic protections for all workers. They also seek to streamline labour enforcement and strengthen trade union recognition.
• Labour falls under the Concurrent List of the Constitution, allowing both Parliament and state legislatures to regulate labour. The Second National Commission on Labour (2002) found existing legislation complex and recommended consolidating labour laws into broader groups. In 2019, the Ministry of Labour and Employment introduced four Bills to consolidate 29 central laws into Codes on Wages, Industrial Relations, Social Security, and Occupational Safety, Health, and Working Conditions.