Cheat Sheet: The Factories Act, 1948

1. Preliminary Provisions

1.1 Short Title and Extent

• Extends to whole of India
• Applies to factories using power and employing 10 or more workers
• Applies to factories not using power and employing 20 or more workers

1.2 Key Definitions

2. Registration and Licensing

2.1 Registration Requirements (Section 6)

• No premises can be used as factory without registration from Chief Inspector
• Application must be made in prescribed form with prescribed fees
• Registration certificate must be prominently displayed in factory

2.2 Approval and Licensing (Section 6)

• State Government may require approval of plans before establishment of factory
• License required for manufacturing processes involving hazardous substances
• Chief Inspector has power to grant, renew, or refuse license

2.3 Manager's Appointment (Section 7)

• Every factory must have a manager responsible for compliance with Act provisions
• Manager's name and address must be sent to Inspector
• Written notice of change must be sent within 7 days

3. Health Provisions (Sections 11-20)

3.1 Cleanliness (Section 11)

• Every factory must be kept clean and free from effluvia arising from drain, privy or other nuisance
• Dirt and refuse must be removed daily by sweeping or other effective method
• Floor must be cleaned at least once every week by washing, using disinfectant where necessary
• Walls, partitions, and ceilings must be re-painted or varnished every 5 years (3 years for public factories)

3.2 Disposal of Wastes and Effluents (Section 12)

• Effective arrangements must be made for treatment of wastes and effluents
• Disposal must be done so as not to cause environmental pollution

3.3 Ventilation and Temperature (Section 13)

• Adequate ventilation by natural or artificial means must be provided
• Circulation of fresh air and reasonable temperature must be maintained
• State Government may prescribe standards for ventilation and temperature

3.4 Dust and Fume (Section 14)

• Effective measures must be taken to prevent inhalation and accumulation of dust and fume
• Exhaust appliances must be provided where dust or fume is generated in manufacturing process
• Workers exposed to dust or fume must be provided with protective equipment

3.5 Artificial Humidification (Section 15)

• Water used for humidification must be from public supply or effectively purified
• State Government may prescribe standards of humidification

3.6 Overcrowding (Section 16)

• No room shall be overcrowded to cause injury to health of workers
• Minimum space: 14.2 cubic meters per worker (9.9 cubic meters if ceiling height exceeds 4.2 meters)
• In calculating cubic capacity, height above 4.2 meters is disregarded

3.7 Lighting (Section 17)

• Sufficient and suitable lighting (natural or artificial) must be provided in every part of factory
• Glare and formation of shadows that may cause eye-strain or accident risk must be prevented
• State Government may prescribe standards of lighting

3.8 Drinking Water (Section 18)

• Adequate supply of wholesome drinking water must be provided at convenient points
• All such points must be clearly marked "Drinking Water" in language understood by workers
• If 250+ workers are employed, provision of cool drinking water during hot weather
• No such point shall be within 6 meters of washing place, urinal, or spittoon

3.9 Latrines and Urinals (Section 19)

• Sufficient latrine and urinal accommodation of prescribed type must be provided
• Separate enclosed accommodation for male and female workers
• Must be adequately lighted and ventilated, kept clean, maintained in sanitary condition
• Standard: 1 latrine per 25 female workers, 1 latrine and 1 urinal per 25 male workers

3.10 Spittoons (Section 20)

• Sufficient number of spittoons must be provided in convenient places
• Must be maintained in clean and hygienic condition
• No person shall spit except in spittoons; notice must be displayed in language understood by workers

4. Safety Provisions (Sections 21-41)

4.1 Fencing of Machinery (Section 21)

• Every moving part of prime mover and transmission machinery must be securely fenced
• Every dangerous part of machinery must be securely fenced unless position is safe
• Fencing must be of substantial construction and constantly maintained

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

• Examination of machinery in motion permitted only if done by specially trained adult male worker
• Wearing of loose clothing prohibited near moving machinery
• Manager must ensure workers do not work on dangerous machinery unless properly trained

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

• No young person shall work at dangerous machines unless fully instructed and under supervision
• Notice in prescribed form must be displayed on every dangerous machine

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

• Suitable striking gear or other efficient mechanical appliance must be provided for transmission machinery
• Devices for cutting off power in emergency must be provided and maintained in every work room

4.5 Self-acting Machines (Section 25)

• No traversing part of self-acting machine and no material carried thereon shall reach within 45 cm of any fixed structure not being part of machine

4.6 Casing of New Machinery (Section 26)

• All machinery driven by power installed after commencement of Act must have adequate encasement

4.7 Hoists and Lifts (Section 28)

• Every hoist and lift must be of good mechanical construction, sound material, adequate strength
• Must be properly maintained and thoroughly examined by competent person at least once every 6 months
• Maximum safe working load must be plainly marked
• Gates must be provided for hoistway

4.8 Lifting Machines, Chains, Ropes and Lifting Tackles (Section 29)

• Must be of good construction, sound material, adequate strength, free from defects
• Must be tested and examined by competent person before being taken into use first time
• Chains and lifting tackles must be tested and examined every 12 months
• Safe working load must be clearly indicated

4.9 Revolving Machinery (Section 30)

• Suitable devices must be provided to prevent building up of excessive vacuum in revolving vessel, chamber, vat or tank

4.10 Pressure Plant (Section 31)

• No person shall be required or allowed to work at pressure plant unless adequately instructed
• Must be under supervision of responsible and competent person
• Maintenance, examination, and testing according to prescribed standards

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

• All floors, steps, stairs, passages and gangways must be of sound construction and properly maintained
• Where persons are liable to fall more than 3 meters, secure fencing to height of at least 1 meter required

4.12 Pits, Sumps, Openings in Floors (Section 33)

• Must be securely covered or securely fenced

4.13 Excessive Weights (Section 34)

• No worker shall be employed to lift, carry or move any load so heavy as to cause injury
• State Government may prescribe maximum weights that may be lifted by workers

4.14 Protection of Eyes (Section 35)

• Effective screens or suitable goggles must be provided for protection against particles or fragments thrown off in manufacturing process

4.15 Precautions Against Dangerous Fumes (Section 36)

• No worker shall enter or work in confined space where dangerous fumes may be present unless fitted with respirator or breathing apparatus
• Necessary equipment must be kept ready for use
• Certificate from Inspector required before work in certain confined spaces

4.16 Explosive or Inflammable Dust, Gas, etc. (Section 37)

• Effective measures must be taken to prevent explosion or fire where explosive or inflammable gas, dust, vapor or substance is present
• Effective means of extinguishing fire must be provided and maintained

4.17 Precautions in Case of Fire (Section 38)

• Every factory must have adequate means of escape in case of fire
• Means of escape must be properly maintained and kept free from obstruction
• In factory with 10+ workers on floor above ground level: fire alarm must be provided and maintained
• In factory employing 500+ workers: at least one trained fireman per 500 workers

4.18 Power to Require Specifications of Defective Parts (Section 39)

• Inspector may serve notice requiring defective part to be dismantled and examined
• Part shall not be used again until rectified to Inspector's satisfaction

4.19 Safety Officers (Section 40)

• State Government may require factories to employ prescribed number of Safety Officers
• Safety Officers must possess prescribed qualifications

5. Working Hours of Adults

5.1 Weekly Hours (Section 51)

• No adult worker shall work for more than 48 hours in any week

5.2 Daily Hours (Section 54)

• No adult worker shall work for more than 9 hours in any day

5.3 Weekly Holidays (Section 52)

• Every worker who has worked for a period of 10 days must be allowed one day as holiday
• Compensatory holiday must be allowed within 3 days before or 3 days after substituted holiday
• Notice of such holiday must be displayed in factory

5.4 Intervals for Rest (Section 55)

• No worker shall work for more than 5 hours before interval for rest of at least half-hour
• Worker shall not work for more than 10.5 hours including intervals for rest
• Total period of work + intervals shall not exceed 12 hours

5.5 Spread Over (Section 56)

• Spread over inclusive of intervals for rest shall not exceed 10.5 hours
• May be extended to 12 hours with approval in certain circumstances

5.6 Night Shifts (Section 57)

• No adult worker shall work in factory for more than one shift
• Where worker works in one shift, he shall not work in any other shift except after holiday of at least 24 hours

5.7 Prohibition of Overlapping Shifts (Section 58)

• Shifts must be distinctly separate; no overlapping except for change-over or in unavoidable circumstances

6. Employment of Young Persons

6.1 Prohibition of Employment of Children (Section 67)

• No child who has not completed 14 years shall be required or allowed to work in factory
• Amendment 2016: Age limit raised from 14 to 15 years

6.2 Certification of Fitness (Section 68)

• No child or adolescent shall be required or allowed to work unless certificate of fitness granted by certifying surgeon
• Certificate must be obtained before employment begins

6.3 Working Hours for Children (Section 71)

• No child shall work for more than 4.5 hours in any day
• No child shall work for more than 27 hours in any week
• Intervals for rest: at least 1 hour after every 3 hours of work

6.4 Night Work (Section 69)

• No child shall be required or allowed to work in factory between 7 PM and 8 AM

6.5 Notice of Periods for Work for Children (Section 70)

• Manager must fix periods of work for children and display notice showing such periods
• Child shall not work otherwise than in accordance with notice

6.6 Register of Child Workers (Section 73)

• Register of child workers must be maintained in prescribed form
• Must contain particulars of every child worker employed in factory

7. Annual Leave with Wages (Section 79)

7.1 Entitlement

• Every worker who has worked for 240 days or more in calendar year entitled to leave with wages
• Adult: 1 day for every 20 days of work performed
• Child: 1 day for every 15 days of work performed

7.2 Calculation of Wages

• Daily wage = Total wages earned in preceding month ÷ Number of days worked in that month

7.3 Application and Grant

• Leave may be accumulated up to 30 days for adult (40 days for child)
• Worker must apply in prescribed manner; Manager may refuse if requirements not met
• Leave cannot be taken during period of notice of discharge/dismissal

7.4 Payment in Lieu

• Leave cannot ordinarily be granted with wages in lieu
• Exception: where worker under notice of discharge or is discharged, leaves at his credit will be paid

8. Special Provisions

8.1 Canteens (Section 46)

• Required in every factory employing 250 or more workers
• Must be sufficiently lighted and ventilated, kept clean, furnished with necessary furniture and utensils
• Managing committee must include representatives of workers and employer

8.2 Shelters, Rest Rooms and Lunch Rooms (Section 47)

• Required in every factory employing 150 or more workers
• Adequate and suitable shelter must be provided where workers can take rest during intervals
• Separate shelters for male and female workers where 30 or more female workers employed

8.3 Crèches (Section 48)

• Required in every factory employing 30 or more women workers
• Must be adequately lighted and ventilated, maintained in clean and sanitary condition
• Must be under charge of women trained in care of children and infants
• Mother allowed four visits daily to crèche including intervals for rest

8.4 Welfare Officers (Section 49)

• Required in factories employing 500 or more workers
• Must possess prescribed qualifications
• Duties: supervision of welfare facilities and maintaining harmonious industrial relations

8.5 First-Aid Appliances (Section 45)

• Every factory must provide and maintain first-aid boxes or cupboards with prescribed contents
• Standard: 1 box per 150 workers
• Nothing except first-aid appliances shall be kept in boxes
• Each box must be kept in charge of separate person trained in first-aid treatment
• If 500+ workers: ambulance room of prescribed size with prescribed medical equipment

9. Hazardous Processes

9.1 Definition (Section 2(cb))

• Hazardous process means any process or activity where unless special care is taken, raw materials used or intermediate or finished products, bye-products, wastes or effluents would cause material impairment to health of persons engaged or resident in vicinity, or result in pollution of general environment

9.2 Notice of Certain Accidents (Section 88)

• Notice must be sent to prescribed authority where disablement resulting from accident exceeds 48 hours
• Notice of certain dangerous occurrences must be sent whether or not disablement or death resulted

9.3 Notice of Certain Diseases (Section 89)

• Where worker contracts disease specified in Schedule III, notice must be sent to prescribed authority
• Manager must display list of diseases applicable to processes carried on in factory

9.4 Permissible Levels of Exposure (Section 41A)

• Occupier must ensure concentration of hazardous substances in work environment does not exceed prescribed standards

9.5 Site Appraisal Committee (Section 41A)

• For factories involving hazardous process, site appraisal required from Committee constituted by State Government

9.6 Disclosure of Information (Section 41B)

• Occupier must disclose information regarding dangers including health hazards and measures to overcome such hazards to workers, Chief Inspector and local authorities

9.7 Workers' Participation in Safety Management (Section 41C)

• Occupier must establish Safety Committee consisting of equal number of representatives of workers and management

10. Powers and Duties of Inspectors

10.1 Appointment (Section 8)

• State Government appoints Chief Inspector and Inspectors with defined local limits
• All Inspectors deemed to be public servants under Indian Penal Code

10.2 Powers of Inspectors (Section 9)

• Enter any premises with assistants at any reasonable time
• Examine any person and require him to be examined medically
• Require production of prescribed registers and other documents
• Make copies of registers and documents or take extracts
• Exercise such other powers as may be prescribed

10.3 Certifying Surgeons (Section 10)

• State Government appoints qualified medical practitioners as Certifying Surgeons
• Issue certificates of fitness for young persons
• Examine workers and certify regarding health conditions arising from employment

10.4 Notice of Occupation of Factory (Section 7A)

• Occupier must give written notice to Chief Inspector at least 15 days before factory is occupied

10.5 Power to Take Samples (Section 91)

• Inspector may take samples of substance used or intended to be used in factory
• Such samples may be submitted for analysis

11. Penalties and Procedure

11.1 General Penalty (Section 92)

• Contravention of provisions: imprisonment up to 2 years or fine up to Rs. 1,00,000 or both
• Continuing offence: additional fine up to Rs. 1,000 per day

11.2 Enhanced Penalty After Previous Conviction (Section 93)

• Second or subsequent conviction: imprisonment up to 2 years and fine between Rs. 1,00,000 and Rs. 2,00,000

11.3 Penalty for Obstruction (Section 94)

• Whoever obstructs Inspector: imprisonment up to 6 months or fine up to Rs. 10,000 or both

11.4 Penalty for Wrongful Disclosure (Section 95)

• Inspector wrongfully disclosing information: imprisonment up to 6 months or fine or both

11.5 Offences by Companies (Section 96)

• Where company commits offence, every person in charge of and responsible to company shall be liable
• Company and director, manager, secretary or other officer also liable if proved offence committed with consent, connivance or neglect

11.6 Cognizance of Offences (Section 100)

• No court shall take cognizance of offence except on complaint made by Inspector
• Court may take cognizance after expiry of one year from date on which offence alleged to have been committed

11.7 Liability of Owner in Certain Cases (Section 97)

• Where occupier proved to be not guilty but some other person guilty, such other person may be convicted and punished

12. Miscellaneous Provisions

12.1 Notice of Periods and Hours of Work (Section 108)

• Notice showing periods and hours of work for adults must be displayed in factory
• No adult worker shall be required to work otherwise than in accordance with notice

12.2 Register and Records (Section 109)

• Registers and records must be maintained in prescribed form
• Registers: muster roll, leave with wages register, overtime register, register of adult workers, register of child workers

12.3 Notice of Accidents and Dangerous Occurrences (Section 88)

• Written notice must be sent to prescribed authority in case of accident causing death or disablement
• Notice of dangerous occurrence prescribed in rules must be sent whether or not death or disablement resulted

12.4 Power to Exempt (Section 5)

• State Government may exempt any factory or class of factories from provisions of Act
• Exemption may be subject to conditions

12.5 Double Employment (Section 60)

• No adult worker shall work in any factory on any day he has already worked in another factory
• Except where such worker has completed his work in first factory before 12 noon

12.6 Notice Boards and Abstract of Act (Section 111A)

• Abstract of Act and rules in language understood by majority of workers must be displayed in factory
• Notice of Inspector having jurisdiction and address of Certifying Surgeon must be displayed

12.7 Returns (Section 110)

• Manager must send annual return in prescribed form to Chief Inspector before 15th January
• Return must contain information regarding workers employed during previous calendar year

13. Important Amendments

13.1 Amendment Act 1987

• Introduced provisions relating to hazardous processes (Chapter IVA)
• Site appraisal mandatory for hazardous processes
• Disclosure of information regarding dangers made mandatory

13.2 Amendment Act 2016

• Child definition changed: age limit raised from 14 to 15 years
• Prohibition on employment of children below 15 years

13.3 Key Judicial Interpretations

14. Important Time Limits and Numerical Standards