The presentation is about factory act 1948. Here you will get all the information regarding Factory act 1948. The meaning, definition, provision of factory act 1948 regarding health and welfare of the workers and penalty procedure. Hope it will be informative for every one.

2. Index
• History
• Meaning
• Manufacturing Process
• Definition of Factory Act 1948
• The Provision Of The Factories Act, 1948 With Regard To Health, Safety And Welfare Of
The Workers.
• Penalty procedure

3. HISTORY OF THE LEGISLATION
(THE FACTORIES ACT, 1948)
Factory legislation in the United kingdom, the Indian factory legislation is a pattern after the
British factory law.
Robert owen and Robert peel took initiative to exercised their influence on the parliament to
adopt legislation measures protecting women and children.
The first measure was taken on health and moral of apprentices Act 1802
According to J J Clarls the objective of the factory act was to protect the health of employees
from injury or overwork unwholesome or dangerous conditions of labour and especially the
younger and weekly employee.
The British factory act 1937 is more comprehensive than any other pervious amendment
The Indian factory act, 1948 is the pattern after British factory act 1937, but can fairly
compare with the factory act 1964 of UK

4. Cont…
The Indian factory act 1948 contain detailed provision of work hours of adult male worker
and annual leave with wages where as the U K act does not include such provision.
In India the first factories act was passed in 1881
The factory Act 1948
• The comprehensive bill prepared at 9th meeting of S L C (Standing Labour
community)
• The bill was passed on 28th august 1948
• It was Assent on 23rd September 1948
• It came in to force on 1st April 1949

5. What do you mean
factory ?

6. MEANING OF FACTORY
• Any premises, including the precincts thereof,
• in any part of which manufacturing process is carried on
• With or Without the aid of power,
• Provided that at least 10 or 20 persons respectively employed or
were employed
• On any day of the preceding 12 months.
Note
• The act is applicable to all the factories.
• The term ‘premises’ is a generic term meaning open land or land
with building or building alone
• The term ‘precincts’ is usually understood as a space enclosed
by walls

7. MANUFACTURING PROCESS
According to Sec 2(k). It mean any process to-
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
ii. Pumping oil, water, sewage, or any substance, or
iii. Generating, transforming or transmitting power, or
iv. Generating types for printing, printing letters press, lithography, photogravure or other
similar process or book-binding, or
v. Constructing, reconstructing, repairing, refitting, finishing, breakin-up ship or vessels, or
vi. Preserving or storing any article in cold storage

8. DEFINITION OF FACTORY ACT 1948
1. Adult [sec. 2(a)]. An adult means a person who has completed his/her 18th year of age.
2. Adolescent [sec. 2(b)]. An adolescent means a person who has completed his/her 15th year of age
but not completed his 18th year.
3. Child [sec. 2(c)]. A child means a person who has not completed his/her 15th year of age.
4. Competent Person [sec. 2(ca)]. Competent person in relation to any provision of the act, means a
person or an institution recognized as such chief Inspector. The recognition must be for the purpose
of carrying out tests, examinations and inspections required to be done in a factory under the
provision if the act. This recognition must be given having regard to-
a. the qualifications and experience of the person and the facilities available at his disposal; or
b. the qualification and experience of the person, employed in such institution and facilities
available therein with regard to the conduct of such test, examinations and inspections.

9. Cont…
5. Hazardous Process [sec. 2(cb). It means any process of the activity in relation to an industry
specified in the first schedule where, unless, special care is taken, raw material used therein or the
intermediate or finished products, by-products, wastes or effluents thereof would-
a. Causes material impairment to the health of the person engaged in or connected therewith, or
b. Result in the pollution of general environment.
6. Calendar year [ sec. 2(bb)]. It means the period of 12 months beginning with the 1st day of January
in any year.
7. Young person [sec. 2(d)]. A young person means a person who either a child or any adolescent.
8. Day [Sec. 2(e)]. It means a period of 24hours beginning at midnight.
9. Week [sec.2(f)]. It means a period of 7 days beginning at midnight on Saturday night or such other
night as may be approval in writing for a particular area by the chief inspector of Factories.
10. Prime mover [sec. 2(b)]. It means any engine motor or other appliance which generated or
otherwise provides power.

10. Cont…
11. Transmission Machinery [sec. 2(i)]. It 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.
12. Occupier [sec. 2(n). Occupier of a factory means the person who has ultimate contract over the
affairs of the factory.
13. Shift and relay [sec. 2(r)]. Where work of the same kind is carried out by 2 or more sets of the
workers during different periods of the day, each sets is called a relay and each of such period is
called a shift.

11. The Provision Of The Factories Act, 1948
With Regard To Health, Safety And
Welfare Of The Workers.

12. HEALTH

13. HEALTH
The act deals with the provisions ensuring the health of the workers in the conditions under which work
is carried on in factories. These provisions are as follows:
1. Cleanliness (sec. 11) : Except in cases specially exempted all inside walls and partitions, all ceilings
or tops of passages and stair-cases in a factory shall be carried out at least once in every period of
fourteen months. The floor of every workroom shall be cleaned at least once in every week by
washing , using disinfectant where necessary, some other method.
2. Disposal of waste and Effluent (sec. 12) : Effective arrangements shall be made in every factory for
the disposal of waste and effluents due to the manufacturing process carried on therein.
3. Ventilation and Temperature (sec. 13) : Effective and suitable provision shall be made in every
factory for securing and maintain in every workroom adequate ventilation by the circulation of fresh
air and such a temperature as will secure to worker employed therein reasonable conditions of
comforts and prevent injury to health. Inspector is to fix standards in certain cases.
4. Dust and Fume (sec. 14) : Effective measures should be taken to prevent inhalation of dust and
fume that may produce in the course of manufacturing process.

14. 5. Artificial humidification (sec. 15) : In any factory where the humidity of air is artificially
increased, the state government may make rules prescribing standards of humidification; regulating
the methods used for artificially increasing humidity of the air; and directing prescribed test for
determining the humidity of the air to be correctly carried out and recorded; and prescribing methods
to be adopted for securing adequate ventilation and cooling of the air in the workrooms.
6. Overcrowding (sec. 16) : No room in any factory should lie overcrowded to an extent injurious to
the health of the workers employed therein.
7. Lighting (sec. 17) : In every part of a factory where workers are working or passing, there should
be provided and maintained sufficient and suitable lighting, natural or artificial, or both.
8. Drinking water (sec. 18) : In every factory effective arrangements should be made to provide and
maintain at suitable points conveniently' situated for all workers employed therein a sufficient
supply of wholesome drinking water.
9. Latrines and urinals, (sec. 19) : In every factory sufficient latrine and urinal accommodation of
prescribed types should be provided conveniently situated and accessible to workers, separately for
male and female workers, at all times while they are at the factory.
10. Spittoons (sec. 20) : In every factory there should be provided a sufficient number of spittoons in
convenient places and they shall be maintained in a clean and hygienic condition.

15. SAFETY

16. SAFETY
1. Fencing of Machinery (sec. 21) : In every factory dangerous parts of machines, e.g. every moving
part of prime mover and every fly wheel connected to prime mover etc., shall be securely fenced by
safeguards of a substantial construction which shall be kept in position while the parts of machinery
they are fencing are in motion or in use.
2. Work on or near machinery in motion (sec. 22) : No women or child shall be allowed in any
factory to clean, lubricate or adjust any part of the machinery while that part is in motion, or to work
between moving parts, or between fixed and moving parts of any machinery which is in motion.
3. Employment of young persons in Dangerous Machine (sec. 23) : No young person shall work at
any machine declared to be dangerous unless he has been fully instructed as to the dangers arising in
connection with the machinery and the precautions to be observed and has received sufficient
training in work at the machinery or is under adequate supervision by a person who has a through
knowledge and experience of the machine.
4. Striking gear and devices for cutting off power (sec. 24) : Suitable arrangements should be made
to provide striking gear and devices for cutting off power in case of emergencies.

17. 5. Self acting machine (sec. 25) : Sufficient precautions should be taken with regard to self-acting
machines to avoid accidents.
6. Casing of new machinery (sec. 26) : In all machinery driven by power and installed in any factory
after 1st April 1949 every set screw, belt or key or any revolving shaft, spindle, wheel or piston shall
be so stuck. encased or otherwise effectively guarded as to prevent danger, all spur, worm and other
toothed or friction gearing which does not require frequent adjustment while in motion shall be
completely encased, unless it is so situated as to be as safe as it would be if it were completely
encased.
7. Prohibition of employment of women and children near cotton openers (sec. 27) : No women or
child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at
work.
8. Hoists and lifts (sec. 28) : Every hoist and lift shall be of good mechanical construction, sound
material and adequate strength, properly maintained, protected by an enclosure flited with gates, and
shall be thoroughly by a competent person.
9. Lifting machines, chains, ropes and lifting tackles (sec. 29) : Lifting machines, chains, ropes and
lifting tackles in a factory should be periodically inspected by the competent person

18. 10. Revolving Machinery (sec. 30) : Where process of grinding is carried on, a notice indicating the
maximum safe working peripheral speed of every grind-stone or abrasive wheel etc., Should be
fixed to the revolving machinery.
11. Pressure Plant (sec. 31) : Where any plant or machinery or any part thereof is operated at a pressure
above atmospheric pressure, effective measures should be taken to ensure that the safe working
pressure of such plant of machinery or part is not exceeded
12. Floors, stairs and means of access (sec. 32) : Floors, stairs and means of access should be soundly
constructed and properly maintained.
13. Pits, sumps, opening in floors, etc (sec. 33) : Pits, sumps opening in floor etc., Should be either
securely covered or fenced
14. Excessive weights (sec. 34) : No workman shall be employed in any factory to lift, carry or move
any load so heavy as to be likely to cause him injury.
15. Protection of Eyes (sec. 35) : Necessary protective equipment should be provided to protect the
eyes of the workman, where the working involves risk of injury to the eyes.
16. Precaution against dangerous fume (sec. 36) : It is provided that no worker shall be forced to enter
any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume,
vapor or dust is likely to be present to such an extent as to involve risk to persons being overcome
thereby.

19. 17. Precaution against explosive or inflammable dust, gas etc (sec 37) : No portable electric light or
any other electric appliance of voltage exceeding 24 volts shall be permitted for use inside any
chamber, tank, vat, pit, pipe, flu or other confined space unless adequate safety devices are provided
18. Precaution incase of fire (sec. 38) : Every factory shall be provided with adequate means of escape
in case of fire for the persons employed therein. The doors affording exit from any room shall, unless
they are of the sliding type, be constructed to open outwards. Every window, door or other exit
affording a means of escape in case of fire other than means of exit in ordinary use, shall be
distinctively marked. Effective and clearly audible men's of giving warning in case of fire to every
person employed in the factory shall be provided.
19. Power to requie specifications of defective parts or tests of stability (sec. 39) : The inspector of
factories can ask the occupier or the manager of the factory to furnish drawings, specification etc., Of
any building, machinery or a plant, in case he feels that condition of such building, machinery or the
plant may likely to cause danger to human life.
20. Safety of building and machinery (sec. 40) : The inspector of factories can suggest suitable
measures of steps to take by the occupier or manager for implementation, when he feels the
condition of any building, machinery or a plant may likely to cause danger to human life.

20. WELFARE

21. WELFARE
1. Washing facilities (sec. 42) : In every factory adequate and suitable facilities for washing shall
be provided and maintained for the use of the workers therein. Such facilities shall include soap
and nail brushes or other suitable means of cleaning and the facilities shall be conveniently
accessible and shall be kept in a clean and orderly condition. If female worker are employed
separate facilities shall be provided and so enclosed or screened that the interior are not visible
from any place where persons of the other sex work or pass.
2. Facilities for storing and drying clothing (sec. 43) : In the case of certain dangerous operation
e.g., lead processes liming and tanning of raw hides and skins, etc., suitable place for keeping
clothing not worn during working hours and for drying of wet clothing shall be provided and
maintained.
3. Facilities for sitting (sec. 44) : In every factory suitable arrangements for sitting shall be
provided and maintained for all workers obliged to work in a standing position in order that they
take advantage of any opportunities for rest which may occur in the course of their work.
Standard may be fixed in cases where work can be done in a sitting position

22. 4. First aid and ambulance room (sec. 45) : First-aid boxes with the prescribed contents should
be provided and maintained so as to be readily accessible during all working hours at the rate of
at least one box for every 150 workmen. In every factory wherein more than 500 workers are
employed there should be provided and maintained an ambulance containing the prescribed
equipment and in the charge of such medical and nursing staff.
5. Canteens (sec. 46) : In specified factories where in more than 250 workers are ordinarily
employed canteen or canteens shall be provided and maintained by the occupier for the use of
the workers. Food, drink and other items served in the canteen shall be sold on a non-profit basis
and the prices charged shall be subject to the approval of a canteen managing committee which
shall be appointed by the manager and shall consist of an equal number of person nominated by
the occupier and elected by the workers.
6. Shelters, rest rooms and lunch rooms (sec. 47) : In every factory where in more than 150
workers of ordinarily adequate and suitable shelters or rest rooms and suitable lunch room, with
provision for drinking water, where workers can eat meals brought by them shall be provided
and maintained for the use of the workers

23. 6. Creche (sec 48) : In every factory where in more than 50 women workers are ordinarily
employed there shall be provided and maintained a suitable room for the use of children under
the age of six years of such women. The creche shall be adequately furnished and equipped and
in particular there shall be one suitable hot or cradle with necessary bedding for each child at
least one chair or equipment sitting accommodation for use of the mother while she is feeding or
attending to child and sufficient supply suitable toys for older children.
7. Welfare officers (sec 49) : In every factory wherein more than 500 or more workers are
employed, the occupier should employ in the factory such number of welfare officers as may be
prescribed.
8. Dangerous operation (sec 50) : Employment of women adolescent and children is prohibited or
restricted in certain operations declared to be dangerous e g., manufacture of altrated water,
electroplating, manufacturing and repair of electric accumulators, glass manufacture, grinding or
glazing of metals, manufacturing and treatment of lead and certain compound of lead, generation
of gas from dangerous petrol, sand blasting and liming and training of raw hides and skins, and
handling lubricants etc.,

24. PENALTY PROCEDURE

25. • Step 1 :- General Penalty For Offence
• Step 2 :- Enhanced Penalty After Conviction
• Step 3 :- Cognizance of offences
• Step 4 :- Appeal
• Step 5 :- Display of notice
• Step 6 :- Returns
• Step 7 :- Power to make rules & give direction

26. STEP 1:- General Penalty For Offence
• If there is any contravention of any of the provisions of the act,
the occupier & Manager each shall be guilty & punishable with.
• Imprisonment for a term up to 2 years.
• With a fine up to Rs. 100000
• Or with both.
• Further extended, if the contravention under section 92 continued
after conviction, they ( manager & occupier) shall be punishable
with further fine which may extend to Rs. 1000 for each day on
which contravention is so continued.

27. STEP 2:- Enhanced Penalty After Conviction
• If a person convicted of any offence punishable under sec 92,
is again guilty involving contravention of same provision, he shall
be punishable with
• Imprisonment for a term which may extend to 3 years
• Or fine which shall not be less than 10000
• Or both
• If any contravention of provision relating to safety, has resulted in
an accident causing death/serious bodily injury, fine shall not be less
than Rs.35000/Rs.10000.

28. STEP 3:- Cognizance of offences
• No court shall take cognizance of any offence under this act
except on a complaint by or with the previous section in
writing of an inspector.
• The complaint shall be filled within 3 months of the date on
which offence comes to the knowledge of an inspector. But it
can be 6 months, if offence consists of disobeying a written
order made by an Inspector.

29. STEP 4 :- Appeal
The Manager of the factory or the occupier on
whom an order in writing by an inspector
has been served, within 30 days of
the notice, can appeal against it to the
prescribe authority.

30. STEP 5:- Display of notice
• A notice containing abstracts of this act & the rules
made there under and also the name & address of
the Inspector and the certifying surgeon.
• Shall be in English & language understood by the
majority of the workers.
• Convenient place or near main entrance.

31. STEP 6:- Returns
The state government may make rules requiring owners,
occupiers, manager of factories to submit returns as may
be required.

32. STEP 7:- Power to make rules & give direction
• The state govt. may make rules providing for any matter which
may be discovered expedient in order to give effect to the
purposes of the act.
• The central govt. may also give directions to the state govt. as to
carrying to the execution of the provisions of the act.
• Provides for the publication of the rules made under the act in the
official gazette.