FACTORIES ACT, 1948 – SHORT NOTES

1. Introduction

The Factories Act, 1948 is one of India’s most important labour legislations designed to ensure safety, health, and welfare of workers in factories.
It applies to factories engaged in manufacturing processes and ensures that workers get safe working conditions, regulated working hours, and proper welfare facilities.

Objectives of the Act

Ensure health, safety, and welfare of workers.
Regulate working hours, overtime, holidays, and leave.
Prevent accidents and occupational diseases.
Define responsibilities of employers, managers, and occupiers.
Protect workers from hazardous processes.
Ensure systematic inspection and enforcement.

2. Scope and Applicability

The Act applies to:

(a) Factories using power

10 or more workers employed with the aid of power.

(b) Factories not using power

20 or more workers employed without the aid of power.

Not applicable to:

Mines
Mobile units
Railway running sheds
Hotels, restaurants
Armed forces factories (covered separately)

3. Important Definitions (Key for Exams)

Factory (Sec. 2(m))

Any premises where:

10 or more workers work with power, OR
20 or more workers work without power, AND
A manufacturing process is carried out.

Manufacturing Process (Sec. 2(k))

Includes:

Making, altering, repairing
Packing or breaking bulk
Pumping, generating power
Printing, finishing
Oil extraction
Construction operations
Any process that makes an article marketable

Worker (Sec. 2(l))

A person employed directly or indirectly, with or without wages, in any manufacturing process.

Occupier (Sec. 2(n))

Person who has ultimate control over the affairs of the factory (owner/director/partner).

Adult

Person who has completed 18 years.

Adolescent

Person between 15–18 years.

Child

Person below 14 years (prohibited from factory work).

Hazardous Process (Sec. 2(cb))

Process that exposes workers to serious health risks (chemical, toxic, explosive, carcinogenic processes).

4. Inspecting Staff (Sec. 8–10)

Appointment of Inspectors

State Government appoints Chief Inspector and inspectors.
Inspectors have authority to enter, examine, investigate.

Powers of Inspectors

Enter factory premises
Examine registers, documents
Take samples of substances
Question workers and management
Issue improvement notices
Order closure in serious danger situations

Certifying Surgeons (Sec. 10)

Appointed to:

Conduct medical examinations
Certify adolescents fit for work
Inspect dangerous operations

5. Duties of the Occupier and Manager

Duties of Occupier (Sec. 7A)

Ensure worker health, safety, welfare.
Maintain safe plant and machinery.
Provide safe work systems.
Ensure safe handling of substances.
Provide training and supervision.
Conduct risk assessments.
Prepare an on-site emergency plan (for hazardous factories).

Duties of Manager (Sec. 7B)

Responsible for day-to-day operations.
Display notices, returns, registers.
Report accidents, dangerous occurrences.

6. Health Provisions (Sec. 11–20)

(Important for exams)

Sec. 11 – Cleanliness

Premises must be clean.
Floors cleaned regularly.
No accumulation of dirt or waste.

Sec. 12 – Disposal of Waste & Effluents

Effective drainage and safe disposal.
Compliance with pollution control norms.

Sec. 13 – Ventilation & Temperature

Adequate ventilation.
Reasonable temperature for comfort.

Sec. 14 – Dust & Fume Control

Exhaust systems must be provided.
Prevent inhalation of harmful fumes.

Sec. 15 – Artificial Humidification

Maintained as per rules.
Quality of humidification water monitored.

Sec. 16 – Overcrowding

At least 350 cubic feet per worker.

Sec. 17 – Lighting

Adequate natural or artificial light.

Sec. 18 – Drinking Water

Safe, cool drinking water facilities.
Marked with “Drinking Water”.

Sec. 19 – Latrines & Urinals

Clean, accessible, and separate for men & women.

Sec. 20 – Spittoons

Mandatory spittoons at strategic points.

7. Safety Provisions (Sec. 21–41)

Sec. 21 – Fencing of Machinery

All dangerous parts of machines must be securely fenced.

Sec. 22 – Work on or near Machinery in Motion

Trained adult male workers only; proper tools must be used.

Sec. 23 – Employment of Young Persons

No young person shall clean moving machinery.

Sec. 24 – Striking Gear & Devices

Machines must have proper switches, safety gears.

Sec. 27 – Prohibition of Women near Cotton Openers

To prevent risk of injury.

Sec. 28–32 – Hoists, Lifts, Ladders, Lifting Machines

Periodic inspection
Safe load marking
Tested by competent person

Sec. 34 – Excessive Weights

Workers should not be forced to lift heavy loads.

Sec. 35 – Protection from Dangerous Fumes

Adequate ventilation
No entry into confined spaces without tests & PPE

Sec. 36 – Explosive or Flammable Dust/Gas

No smoking
Flame-proof fittings
Monitoring of gas levels

Sec. 38 – Fire Safety

Sufficient fire exits
Drills & training
Firefighting equipment

Sec. 39 – Power to Require Safety Measures

Inspectors can mandate safety improvements.

8. Welfare Provisions (Sec. 42–50)

Sec. 42 – Washing Facilities

Adequate washing areas separate for men & women.

Sec. 43 – Facilities for Storing & Drying Clothing

For workers exposed to wet processes.

Sec. 44 – Sitting Facilities

Workers must be provided seats to avoid standing all day.

Sec. 45 – First Aid Appliances

One first aid box for every 150 workers.
Trained first aiders required.

Sec. 46 – Canteens

Mandatory when there are 250 or more workers.

Sec. 47 – Shelters/Rest Rooms

Mandatory when 150+ workers.

Sec. 48 – Creche (Childcare Room)

Required for factories with 30 or more women workers.

Sec. 49 – Welfare Officer

Factories with 500 or more workers must have a welfare officer.

9. Working Hours & Employment Regulations

Working Hours for Adults (Sec. 51–66)

Sec. 51 – Weekly Hours

Max 48 hours per week.

Sec. 52 – Weekly Holiday

One holiday each week (Sunday or another day).

Sec. 54 – Daily Hours

Max 9 hours/day.

Sec. 55 – Rest Interval

At least 1 hour rest after 5 hours of work.

Sec. 56 – Spread Over

Max 10.5 hours/day (can extend to 12 with approval).

Sec. 59 – Overtime

Paid at twice the ordinary wage.
Applies beyond 9 hours/day or 48 hours/week.

Sec. 60 – Restriction on Double Employment

No worker shall work in two factories on the same day.

10. Employment of Young Persons (Sec. 67–77)

Sec. 67 – Prohibition of Child Labour

Children below 14 years cannot work.

Sec. 68–70 – Certificate of Fitness

Adolescents (15–18 years) need a medical fitness certificate.

Working Hours for Adolescents

Max 4.5 hours/day
No night shifts (10 PM–6 AM)

11. Annual Leave with Wages (Sec. 78–84)

Eligibility

Worker must work at least 240 days in a calendar year.

Leave Calculation

1 day leave for every 20 days worked (adults)
1 day leave for every 15 days worked (children)

Carry Forward

Up to 30 days for adults
Up to 40 days for children

Wage Rate During Leave

Based on average earnings in previous months.

12. Special Provisions for Hazardous Processes (Sec. 41A–41H)

(Introduced after Bhopal Gas Tragedy)

Key Requirements

Health & safety policy mandatory.
Disclosure of hazardous information to workers.
Medical examination of workers.
Safety committees mandatory.
On-site emergency plan.
Safety audit by competent person.
Material Safety Data Sheets (MSDS) required.
Worker participation in risk assessments.

13. Notices, Registers & Returns

Factories must maintain records such as:

Muster roll
Accident register
Overtime register
Leave register
Hazardous chemical register
Medical records
Inspector’s visit book
Health and safety records

Notice boards must display:

Factory name and registration details
Working hours
Emergency procedures
Safety posters
Abstract of the Factories Act

14. Accident Reporting (Sec. 88–90)

Reportable Accidents

Fatal accidents
Serious bodily injuries
Dangerous occurrences
Occupational diseases

Reports must be sent to:

Chief Inspector
Local authorities
ESIC/EPFO (if applicable)

15. Penalties (Sec. 92–99)

General Penalty

Up to ₹2,00,000 fine
or 2 years imprisonment
(Varies by state amendments)

Penalty for Continuation of Offense

₹1,000 per day

Penalty for Obstructing Inspector

Up to 6 months jail or fine

Penalty for False Certificate of Fitness

Up to ₹10,000 fine or jail

Enhanced Penalties for Repeat Offenders

Higher fines + imprisonment

16. Important Amendments

Factories Amendment Act, 1987

Introduced hazardous process provisions.
Strengthened safety responsibilities.
Added Sec. 41B–41H.

Recent State Amendments (varies by state)

Some states allow flexibility in:

Overtime limits
Working hours
Women working in night shifts (with safety measures)

17. Key Differences: Manager vs Occupier

Feature	Occupier	Manager
Control	Ultimate control	Day-to-day management
Legal liability	Higher	Lower
Role	Policy level	Operational level
Required	Always	Appointed by occupier

18. Practical Implications in Industries

The Act influences:

Site safety planning
Hazard analysis
Permit-to-work systems
Legal compliance audits
Emergency response planning
Contractor safety management
Medical check-ups
Safety training & inductions

Industries like:

Chemical plants
Steel plants
Textiles
Construction precast factories
Food processing units
strictly follow these regulations to avoid penalties and ensure worker safety.

19. Common Exam Questions (Quick Revision)

Short Notes:

Hazardous process
Duties of occupier
Working hours
Safety officer duties
Ventilation requirements
Accident reporting

Long Questions:

Explain health, safety, welfare provisions.
Role of inspectors.
Working conditions for women and children.
Amendments after Bhopal tragedy.

20. Conclusion

The Factories Act, 1948 plays a central role in protecting India’s industrial workforce. It lays down mandatory standards for health, safety, welfare, working hours, leave, and special protection for women and young workers.
It ensures that employers maintain a safe workplace and workers get fair treatment. With evolving industrial practices, amendments continue to strengthen safety and compliance, making the Act one of the cornerstones of Indian labour law.

Factories Act 1948