7.12.2013

1. Factories Act, 1948
Presented By: Shalu Saraf
CS Trainee

2. Factories Act, 1948
Object & Scope
• This act extends to whole of India.
• The main object of this act is to ensure
adequate safety measures and to
promote the health & welfare of workers
employed in factories.
• The act also make provisions regarding
employment of women & young person
(including children & adolescents),
annual leave with wages etc.

3. Factories Act, 1948
Applicable
• It covers all the manufacturing process
and establishments falling under the
definition of ‘factory’ as defines under
the sec. 2(m).
• Unless otherwise provide it is also
applicable to establishments of
central/ state govt. (Sec. 116)

4. Factories Act, 1948
Factory (Sec. 2(m))
 It includes premises including any precincts thereof:
1) whereon 10 or more workers are working or were working
on any day of preceding 12 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
2) whereon 20 or more workers are working or were working
on any day of preceding 12 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 the mine act, 1952
- a mobile unit belonging to the armed force of the union
- a railway running shed or,
- a hotel, restaurant or eating place.

5. Factories Act, 1948
Statutory Agency & their power for
enforcement of the Act
•
•
•
Sec. 3 empowers the State Govt. to make rule for the references to
the time of day. These rules may specify the area, define the local
mean time ordinarily observed in it and permit such time to be
observed in all or any of the factories situated in that area.
State Govt. assumes power to declare different deptt. To be
separate factories or two or more factories to be a single factory
under this act. This power will be utilized by the state govt. either
its own or on the application of occupier. But no order can be
made on its own motion unless occupier heard in this regard. (Sec.
4)
Sec. 5 defines Public Emergency as a situation whereby the
security of India or any part of the territory thereof is threatened
whether by war or external aggregation or internal disturbance.
State govt. further has the power under sec. 5 to exempt
by notification to any factory or class from any of the provisions of
this act except sec. 67 for such period and for such conditions as it
may think fit, however such notification can shall be made
exceeding a period of 3 months at a time.

6. Factories Act, 1948
Administration
• The state govt. carry out
administration of the act through:
1. Inspecting Staff (sec. 8)
2. Certifying Surgeons (sec. 10)
3. Welfare Officers (sec. 49)
4. Safety Officers (sec. 40-B)

7. Factories Act, 1948
Inspecting Staff (sec. 8)
(1) The State Government may, by notification in the Official Gazette, appoint such persons
as possess the prescribed qualification to be Inspectors for the purposes of this Act and
may assign to them such local limits as it may think fit.
(2) The State Government may, by notification in the Official Gazette, appoint any person to
be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector
under this Act, exercise the powers of an Inspector throughout the State.
(3) No person shall be appointed under sub-section (1), sub-section (2)sub-section (2A) or
sub-section (5), or having been so appointed, shall 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 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 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) 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 Penal Code (45 of
1860), and shall be officially subordinate to such authority as the State Government
may specify in this behalf.

8. Factories Act, 1948
Power of Inspector (sec.9)
•
Subject to any rules made in this behalf, an Inspector may, within the local limits for
which he is appointed –
(a) enter to any place which is used, or which he has reason to believe is used, as a factory;
(b) make examination 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) take measurements and photographs and make such recordings as he considers
necessary for the purpose of any examination.
(g) 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 of
substance or a part thereof, and detain it for so long as is necessary for such
examination;
•
Provided that no person shall be compelled under this section to answer any question
or give any evidence tending to incriminate himself.

9. Factories Act, 1948
Certifying Surgeons (sec. 10)
• Appointment of certifying surgeon by state govt.
for the following purposes:- The examination & certification of the young
person under this act.
- Examination of persons engaged in factories in
such dangerous occupation or processes as may
be prescribed.
- The exercising of such medical supervision as
may be prescribed for many factory or class or
description of factories.

10. Factories Act, 1948
Welfare Officers (sec. 49)
- Impose statutory obligation on the
occupier of the factory of the
appointment of welfare/s officer
wherein 500 or more workers are
ordinarily employed.
- Duty, Qualification and conditions of
service may be prescribed by the state
govt.

11. Factories Act, 1948
Safety Officers (sec. 40-B)
• It empowers the state govt. for directing a
occupier of factory to employ such no. of
safety officer as specified by it where more
than thousand workers were employed or
where manufacturing process involves risk of
bodily injury, poising or disease or any other
hazards to health of the persons employed
therein.
• Duty, Qualification and conditions of service
may be prescribed by the state govt.

12. Factories Act, 1948
Approval, Licensing & Registration of
Factories (sec. 6)
 The State Government may make rules :(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;
(aa) requiring, the previous permission in writing of the State
Government or the Chief Inspector to be obtained for the site on
which the factory is to be situated and for the construction or
extension of any factory or class or description of factories;
(b) requiring for the purpose of considering applications 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;
(d) requiring the registration and licensing of factories or any class or
description of factories, and prescribing the fees payable for such
registration and licensing and for the renewal of licenses;
(e) requiring that no license shall be granted or renewed unless the
notice specified in section 7 has been given.

13. Factories Act, 1948
Approval, Licensing & Registration of
Factories (sec. 6)
 If on an application for permission referred to in clause (aa)
of sub-section (1) accompanied by the plans and
specifications required by the rules made under clause (b) of
that sub-section, sent to the State Government or Chief
inspector by registered post, no order is communicated to
the applicant within 3 months from the date on which it is so
sent, the permission applied for in the said application shall
be deemed to have been granted.
 Where a State Government or a Chief Inspector refuses to
grant permission to the site, construction or extension of a
factory or to the registration and licensing of a factory, the
applicant may within 30 days of the date of such refusal
appeal to the Central Government if the decision appealed
from was of the State Government and to the State
Government in any other case.

14. Factories Act, 1948
Notice by occupier (sec. 7)
 The occupier shall, at least 15 days before he begins to occupy or use any
premises as a factory and atleast 30 days before the date of resumption of
work in case of seasonal factories (working less than 180 days in a year),
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;
(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 communication relating to the factory may be sent;
(d) the nature of the manufacturing process •
(i) carried on in the factory during the last 12 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 during the next 12 months in the case of all
factories;
(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;
(f) the name of the manager of the factory 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

15. Factories Act, 1948
Notice by occupier (sec. 7)
 Notice where new manager appointed:Whenever a new manager is appointed, the occupier shall
send to the 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.
 When there is no manager- occupier deemed as manager: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.

16. Factories Act, 1948
Measures Taken By The Factories For
Health
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Cleanliness (sec. 11)
Disposal of waste & effluents (sec.12)
Ventilation & temperature (sec. 13)
Dust & fume (sec. 14)
Artificial humidification (sec. 15)
Overcrowding (sec. 16)
Lighting (sec. 17)
Drinking water (sec. 18)
Latrines & urinals (sec. 19)
Spittoons (sec. 20)

17. Factories Act, 1948
Safety
• Fencing of machinery (sec. 21)
• Work on or near machinery in motion (sec. 22)
• Employment of young persons on dangerous machines (sec.
23)
• Striking gear and devices for cutting off power (sec. 24)
• SELF-ACTING MACHINES (sec. 25)
• Casing of new machinery (sec. 26)
• Prohibition of employment of women and children near
cotton-openers (sec. 27)
• Hoists and lifts (sec. 28)
• Lifting machines, chains, ropes and lifting tackles (sec. 29)
• Revolving machinery (sec. 30)

18. Factories Act, 1948
Safety
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Pressure plant (sec. 31)
Floors, stairs and means of access (sec. 32)
Pits, sumps, openings in floors, etc (sec. 33)
Excessive weights (sec. 34)
Protection of eyes (sec. 35)
Precautions against dangerous fumes, gases, etc. (sec. 36)
Precautions regarding the use of portable electric light (sec.
36 A)
Explosive or inflammable dust, gas, etc (sec. 37)
Precautions in case of fire (sec. 38)
Power to require specifications of defective parts or tests of
stability (sec. 39)
Safety of buildings and machinery (sec. 40)
Power to make rule to supplement this chapter (sec. 41)

19. Factories Act, 1948
Welfare
• Washing facilities (sec. 42)
• Facilities for storing and drying clothing
(sec. 43)
• Facilities for sitting (sec. 44)
• First aid appliances (sec. 45)
• Canteens (sec. 46)
• Shelters, rest rooms and lunch rooms
(sec. 47)
• Crèches (sec. 48)
• Welfare officers (sec. 49)
• Power to make rules to supplement this
chapter (sec. 50)

20. Factories Act, 1948
working hours of an adult
•
•
•
Weekly hours (sec. 51) : 48 hours in a week.
Weekly holidays (sec. 52) : No adult worker shall be required or
allowed to work in a factory on the first day of the week.
Compensatory holidays (sec. 53) : within the month in which the
holidays were due to him or within the two months immediately following
that month, compensatory holidays of equal number to the holidays so
lost.
•
•
•
•
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Daily hours (sec. 54) : not more than 9 hours in day.
Intervals for rest (sec. 55) : ½ an hour after working of 5 hours ,
but state govt. in special circumstances on written application can
allow continue working not more than 6 hours.
Spread over (sec.56) : inclusive of his intervals for rest under
section 55, they shall not spread over more than 10 ½ hours in any
day (chief inspector can raises it up to 12 hours).
Night shifts (sec. 57)
Prohibition of overlapping shifts (sec. 58)

21. Factories Act, 1948
working hours of an adult
• Extra wages for overtime (sec. 59) : Where a worker works
in a factory for more than nine hours in any day or for more
than forty-eight hours in any week, he shall, in respect of
overtime work, be entitled to wages at the rate of twice his
ordinary rate of wages.
• Restriction on double employment (sec. 60)
• Notice of periods of work for adults (sec. 61)
• Register of adult workers (sec. 62)
• Hours of work to correspond with notice under section 61
and register under section 62 (sec. 63)
• Power to make exempting rules (sec. 64) : State Govt.
• Power to make exempting orders (sec. 65) : State Govt.

22. Factories Act, 1948
• Further restrictions on employment of
women (sec. 66)
(a) no exemption from the provisions of section
54 may be granted in respect of any women;
(b) no woman shall be required or allowed to
work in any factory except between the hours
of 6 A.M. and 7 P.M. :
Provided that the State Government may, by
notification in the Official Gazette, in respect
of any factory or group or class or description
of factories, vary the limits laid down in clause
(b), but so that no such variation shall
authorize the employment of any woman
between the hours of 10 P.M. and 5 A.M.

23. Factories Act, 1948
Employment of young person &
children
• Prohibition of employment of young children (sec.
67): No child who has not completed his fourteenth
year shall be required or allowed to work in any factory.
• Non-adult workers to carry tokens (sec. 68) : A child
who has completed his fourteenth year or an
adolescent shall not be required or allowed to work in
any factory unless • (a) a certificate of fitness granted with reference to him
under section 69 is in the custody of the manager of
the factory; and
• (b) such child or adolescent carries while he is at work
a token giving a reference to such certificate

24. Factories Act, 1948
Employment of young person &
children
Working hours for children (sec. 71) :
(1) No child shall be employed or permitted to work, in any factory (a) for more than four and a half hours in any day;
(b) during the night.
(2) The period of work of all children employed in a factory shall be limited to two
shifts which shall not overlap or spread over more than five hours each; and
each child shall be employed in only one of the relays which shall not, except with
the previous permission in writing of the Chief Inspector, be changed more
frequently than once in a period of thirty days.
(3) The provisions of section 52 shall apply also to child workers and no
exemption from the provisions of that section may be granted in respect of any
child.
(4) No child shall be required or allowed to work in any factory on any day on
which he has already been working in another factory.
(5) No female child shall be required or allowed to work in any factory except
between 8 A.M. and 7 P.M.

25. Factories Act, 1948
Employment of young person &
children
• Notice of periods of work for children (sec.
72)
• Register of child workers (sec. 73)
• Hours of work to correspond with notice
under section 72 and register under
section 73 (sec. 74)
• Power to require medical examination
(sec. 76)
• Power to make rules (sec. 77) : State Govt.
• Certain other provisions of law not barred
(sec. 78)

26. Factories Act, 1948
ANNUAL LEAVE WITH WAGES
• (1) Every worker who has worked for a
period of 240 days or more in a factory
during a calendar year shall be allowed
during the subsequent calendar year,
leave with wages for a number of days
calculated at the rate of –
(i) if an adult, one day for every 20 days of
work performed by him during the
previous calendar year;
(ii) if a child, one day for every 15 days of
work formed by him during the previous
calendar year.

27. Factories Act, 1948
offences & Penalties (sec. 92 to 106)
OFFENCE
PENALTIES
For contravention of the Provisions of the Act or Rules
Imprisonment upto 2 years or fine upto Rs.1,00,000 or both
On Continuation of contravention
Rs.1000 per day
On contravention of Chapter IV pertaining to safety or dangerous
operations.
• Not less than Rs.25000 in case of death.
• Not less than Rs.5000 in case of serious injuries.
Subsequent contravention of some provisions
Imprisonment upto 3 years or fine not less than Rs.10,000 which may extend to
Rs.2,00,000.
Obstructing Inspectors
Imprisonment upto 6 months or fine upto Rs.10, 000 or both.
Wrongful disclosing result pertaining to results of analysis
Imprisonment upto 6 months or fine upto Rs.10, 000 or both.
For contravention of the provisions of Sec.41B, 41C and 41H pertaining to
compulsory disclosure of information by occupier, specific responsibility of
occupier or right of workers to work imminent danger
• Imprisonment upto 7 years with fine upto Rs.2,00,000 and on
continuation fine @ Rs.5,000 per day.
• Imprisonment of 10 years when contravention continues for one year.

28. Factories Act, 1948

29. Factories Act, 1948
Forms for Registration, license & Plan Approval
Form No. 1 (prescribed under rule 3)
Form No. 2 (prescribed under rule 4)
Form No. 3 (prescribed under rule 4 & 7) Application for
renewal of license.
Forms for General Routine Records
Form No. 7 (prescribed under rule 17) Record of Lime Washing,
painting etc.
Form No. 15 (prescribed under rule 88) Register of adult
workers.
Form No. 18 (prescribed under rule 94) Register of leave with
wages.
Form No. 19
Form No. 28 (prescribed under rule 110)
Form No. 36 (See rule 110-A)

30. Factories Act, 1948
Forms for Specific type of Factories, Conditions
Form No. 6 (prescribed under rule 23)
Form No. 8 (prescribed under paragraph 5(1)(c) of schedule VI
to rule 54 & rule 55)
Form No. 16 (prescribed under rule92)
Form no. 17 (prescribed under rule 93)
Notice To Be Displayed
Form No. 14 (prescribed under rule 87) Notice of period of
work of adult workers
Form No. 23 (prescribed under rule 106) Abstract of F.A.,1948
& Gujarat Factories rules 1963
List of Weekly Holidays
Form V. Abstract of Payment Of Wages Act, 1936 & rules made
there under

31. Factories Act, 1948
Forms just to maintain- Filed by Outer Agencies
Form No. 1-A (prescribed under rule 3-C)
Form No. 5
Form No. 9 (prescribed under rule 58)
Form no. 10 (prescribed under rule 60)
Form No. 11 (prescribed under rule 61)
Form No.11-A (prescribed under rule 61-A)
Form No. 20 (prescribed under rule 15) Health Register
Form no. 26-A (prescribed under rule 102)
Form No. 27-A (prescribed under rule 102)
Form No. 30 (prescribed under schedule VI of rule 102)
Form No. 31 (prescribed under rule 112)
Form no. 32 (prescribed under rule 68-T & 102)
Form No. 33 (prescribed under rule 68-T & 102)
Form No. 35 (prescribed under rule 100)

32. Factories Act, 1948
Occasional used Forms
Form No. 3-A (prescribed under rule 12A) notice of change of
manager
Form No. 12 (prescribed under rule 84)
Form No. 13 (prescribed under rule 85)
Form no. 21 (prescribed under rule 103) Notice of Accident
Form no. 21-A (prescribed under rule 103)
Form no. 22 (prescribed under rule 104) notice of poisoning/disease
Form no. 29 (prescribed under rule 111)
Closer Notice Under GFR 113
Re-opening Notice Under GFR 113
Miscellaneous Forms
Form No. 1-B
Form No. 37(prescribed under rule12-B)
Returns
Form No. 24
Form No. 25

33. Factories Act, 1948