1.

Application of the Act (Section 1)

 Scope: The Act applies to factories where a minimum number of workers are employed. Specifically:

o If the factory employs 10 or more workers using power, or

o If the factory employs 20 or more workers without using power.

The Act defines "factory" as any premises where manufacturing processes are carried out, such as producing goods,
assembling products, or processing raw materials into finished products.

2. Definition of Key Terms (Sections 2-6)

The Act defines crucial terms to clarify its application:

 Factory: As mentioned, a factory is any premises with a specific number of workers engaged in
manufacturing processes.

 Worker: A worker is defined as a person employed to do manual, unskilled, skilled, technical, or clerical work
in a factory.

 Manufacturing Process: Any process involved in the production or assembly of goods, including repairs or
maintenance of machines used in production.

 Power: The term "power" refers to mechanical energy used in a factory, excluding energy provided by human
labor or animal power.

3. Health and Safety Provisions

The core of the Factories Act revolves around the health and safety of workers. It mandates factories to provide safe
working environments through various health and safety measures.

a) Cleanliness (Section 11)

 Factories must ensure cleanliness by maintaining the premises, including walls, floors, and passages, and
removing waste material to prevent health hazards.

 Proper drainage must be ensured to avoid stagnant water and dampness.

b) Ventilation and Lighting (Sections 12-13)

 Ventilation: Factories must ensure sufficient fresh air and natural ventilation to prevent harmful fumes, dust,
or smoke from accumulating.

 Lighting: Proper illumination is necessary to prevent accidents. The factory must have adequate lighting to
ensure workers can operate machinery and perform tasks safely.

c) Overcrowding (Section 14)

 Factories must not allow overcrowding. Sufficient space must be provided to avoid workers being cramped
together, which can lead to accidents or ill-health.

d) Sanitation (Section 15)

 Clean and adequate latrines and urinals must be provided for workers, ensuring separation for males and
females. These must be well-maintained, ventilated, and easily accessible.

e) Drinking Water (Section 16)

 Factories must provide clean drinking water at convenient locations in sufficient quantity for workers.

f) First-Aid Facilities (Section 45)

g) Safety Provisions (Sections 21-41)

The Act lays down several safety measures to prevent accidents:

 Machine Guards (Section 21): Every dangerous machine must have a safety guard to prevent accidents. The
employer must provide proper training to workers.

 Safety Devices (Section 22): Safety devices, such as emergency stop buttons, must be installed on machinery.

 Fire Safety: Factories dealing with flammable materials must ensure that firefighting equipment, such as fire
extinguishers, is present and workers are trained to handle emergencies (Section 38).

 Dangerous Processes (Section 87): Workers employed in hazardous processes, such as chemical
manufacturing, must be provided with safety gear, including masks, gloves, and proper ventilation to mitigate
exposure to harmful substances.

4. Welfare of Workers

The welfare of workers is a key focus of the Act. Several provisions aim to ensure workers have the basic amenities
required for their physical and mental well-being.

a) Canteens (Section 46)

 For factories employing more than 250 workers, a canteen must be provided with hygienic food and drinking
water. The canteen must follow food safety standards to ensure the well-being of workers.

b) Restrooms (Section 47)

 Separate restrooms should be provided for male and female workers, especially if the factory employs more
than 150 workers.

 Restrooms must be designed to allow workers to rest comfortably during breaks.

c) Crèche Facilities (Section 48)

 Factories with 30 or more female workers must provide crèche facilities for the children of women workers
under the age of 6 years. This allows mothers to work without worrying about the safety of their children.

d) Washing Facilities (Section 49)

 Factories must provide adequate washing facilities, including separate bathrooms for men and women
workers. Clean water and soap must be made available.

5. Working Hours, Overtime, and Leave

The Factories Act limits working hours and mandates proper breaks for workers, ensuring they don’t work excessively
long hours under unhealthy conditions.

a) Working Hours (Sections 51-54)

 Daily Hours: The working day cannot exceed 9 hours.

 Weekly Hours: The total working hours in a week should not exceed 48 hours.

 Rest Interval: A rest interval of at least 30 minutes must be provided to workers if the working hours exceed
5 hours.

b) Overtime (Section 59)

 Workers who work beyond 9 hours in a day or 48 hours in a week are entitled to overtime pay at double the
ordinary rate of wages.
c) Weekly Off (Section 52)

 Every worker is entitled to one full day of rest every week (usually Sunday). Employers must schedule a
weekly holiday for each worker.

d) Leave (Sections 79-82)

 Workers are entitled to annual leave with wages. If a worker has worked for at least 240 days in a year, they
are entitled to one day of leave for every 20 days worked.

 Workers also have rights to sick leave and public holiday leave under the Act.

6. Employment of Young Persons and Women

a) Employment of Children (Section 67)

 The Act prohibits the employment of children under the age of 14 years in factories, ensuring their education
and protection from exploitation.

b) Employment of Young Persons (Section 68)

 Young persons (those between 14 and 18) cannot be employed in hazardous work or night shifts.
Additionally, they must not be asked to work overtime beyond the legally specified limits.

c) Women Workers (Section 66)

 Women workers must be employed under specific conditions to protect their safety. They are generally
prohibited from working in dangerous processes or night shifts (except in certain cases like healthcare and
hospitality). Separate lavatories, restrooms, and crèche facilities must be provided.

7. Inspectors and Regulatory Framework

The Factories Act provides for a robust inspection and enforcement mechanism to ensure compliance:

 Inspector of Factories: An Inspector is appointed to ensure the provisions of the Act are followed. Inspectors
are authorized to visit factories, examine records, inspect machinery, and take action if the law is violated.

 Factory Registers: Employers must maintain records, including the number of workers, wages, working hours,
and overtime details, and these must be accessible for inspection.

8. Penalties and Offenses

a) Penalties for Violations (Sections 92-101)

 The Act prescribes penalties for violations, including fines and imprisonment for factory owners, managers,
and others in charge of factory operations.

 Violations include:

o Not providing proper safety measures

o Employing children or young persons in hazardous processes

o Failing to adhere to health and welfare provisions

o Not maintaining the necessary records or reporting injuries

b) Prosecution and Liability

 Employers found violating provisions of the Act can be prosecuted and fined.

 In case of death or injury due to the violation of safety standards, employers may face severe penalties,
including imprisonment.

9. Amendments to the Act

 Factories Amendment Act, 1987: Expanded provisions for working women, such as allowing night shifts in
non-hazardous industries.

 Factories Amendment Act, 2014: Allowed women to work in factories at night (with certain safeguards) and
raised the penalty for non-compliance.

Conclusion

The Factories Act, 1948 is a comprehensive framework to regulate industrial work conditions, emphasizing workers'
safety, health, welfare, and rights. It aims to ensure that factories provide a safe working environment while
enforcing fair working hours and leave policies. Over time, the Act has been modified to keep pace with technological
advancements and evolving worker needs. Employers must adhere to the provisions of the Act to avoid penalties and
ensure a safer, healthier work environment for all employees.