Statutory Provisions

Relating to Safety & Health in Factories

By
Sumit Roy
 Objective of the Factories Act, 1948
To protect human beings from being subjected to unduly
long hours of bodily strain or manual labour. Employees
should work in healthy and sanitary conditions so far as the
manufacturing process will allow and that precautions should
be taken for their safety and for the prevention of accidents.
Inspection is part of the machinery which enables the
authorities to maintain effective supervision and it is
undoubtedly important that there should be substantial
compliance with these provisions of the Act.
The Factories Act, 1948 is an central enactment being
enforced by the state governments in their respective states
 The rule making power under the provisions of the Act are
exercised by the state governments
CONTENTS OF THE FACTORIES ACT,
1948
 11 – Chapters.
 141 – Sections.
 3 – Schedules.
1st Sched. :- List of industries involving
hazardous processes.
2nd Sched.:- Permissible levels of Chemical
substances in work environment
3rd Sched. :- List of Notifiable Diseases
 CONTENTS OF THE FACTORIES ACT,
1948
Total 11 chapters
C-I: Preliminary.
C-II: Inspecting Staff
C-III: Health
C-IV: Safety
C-IV-A: Hazardous Process.
C-V: Welfare
C-VI: Working Hours of Adults.
CONTENTS OF THE FACTORIES ACT,
1948

C-VII: Employment of young

persons.
C-VIII: Annual leave with wages.
C-IX: Special provisions.
C-X: Penalties & Procedure.
C-XI: Supplemental.
 Chapter-I
Preliminary
 PRELIMINARY
Consists of 9 sections
 Sec. 1 – Short title, extent and commencement
 Sec. 2 – Interpretation
• (a) "adult" means a person who has completed his
eighteenth year of age;
• (b) "adolescent" means a person who has
completed his fifteenth year of age but has not
completed his eighteenth year;
• (c) "child" means a person who has not completed
his fifteenth year of age;
 PRELIMINARY
 Sec.(d) "young person" means a person who is either a child or an
adolescent
 Sec.2(ca) “competent person” means a person or an institution
recognised by the CIF for carrying out tests, examinations and
inspections under the Act.
 Sec.2(cb) “hazardous process” means any process or activity in
relation to an industry specified in the First Schedule where, unless
special care is taken, raw materials used therein or the intermediate or
finished products, bye-products, wastes, or effluents thereof would-
(i) cause material impairment to the health of the persons engaged in or
connected therewith, or
(ii) result in the pollution of the general environment:
PROVIDED that the State Government may, by notification in the Official
Gazette, amend the First Schedule by way of addition, omission or
variation of any industry, specified in the said Schedule;]
 PRELIMINARY …(contd.)
Sec.2(k) “manufacturing process” means process for
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
pumping oil, water, sewage, or any other substance;
or generating , transforming or
transmitting power; or printing and its related
activities; or
breaking up of ships or vessels; or
preserving or storing any article in cold storage.
 PRELIMINARY …(contd.)
Sec.2(l) “worker” means a person employed,
directly or by or through any agency (including a
contractor) with or without the knowledge of the
principal employer, whether for remuneration or
not, in any manufacturing process, or in cleaning
any part of the machinery or premises used for a
manufacturing process, or in any other kind of
work incidental to, or connected with, the
manufacturing process, or the subject of the
manufacturing process but does not include any
member of the armed forces of the Union;
 PRELIMINARY …(contd.)
Sec.2(m) “ factory means any premises wherein 10
and more workers;
– Manufacturing process, Power – Section
2m(i)
or, any premises wherein 20 and more workers;
– Manufacturing process; No power – Section
2m(ii)
Does not include a mine subject to the operation
of the Mines Act, 1952, or a mobile unit belonging
to the armed forces, a railway running shed or a
hotel, restaurant or eating place
 PRELIMINARY …(contd.)
 Sec.2(n) “occupier” means the person who
has ultimate control over the affairs of the
factory, and
includes a partner in case of firm and
director in case of a company.
In case of Government company, person
appointed to manage affairs of the factory
shall be occupier.
 PRELIMINARY …(contd.)
 (p) "prescribed" means prescribed by rules
made by the State Government under this Act;

 (r) where work of the same kind is carried out

by two or more sets of workers working during
different periods of the day, each of such sets
is called a 18["group" or "relay"] and each of
such periods is called a "shift".
 PRELIMINARY …(contd.)
 Sec. 4. Power to declare different
departments to be separate factories or two
or more factories to be a single factory
The State Government may, direct, by an order
in writing that for all or any of the purposes of
this act different departments or branches of a
factory shall be treated as separate factories or
that two or more factories shall be treated as a
single factory:
 PRELIMINARY …(contd.)
Sec 5. Power to exempt during public emergency
In any case of public emergency the State
Government may, exempt any factory or class of
factories from all or any of the provisions of this Act
except section 67 for such period and subject to
such conditions as it may think fit:
Explanation: For the purposes of this section
"public emergency" means a grave emergency
whereby the security of India or of any part of the
territory thereof is threatened, whether by war or
external aggression or internal disturbance.
 PRELIMINARY …(contd.)
Sec.7A – General duties of the occupier
(1) Every occupier shall ensure, so far as is reasonably
practicable, the health, safety and welfare of all workers
while they are at work in the factory.
(2) the matters to which such duty extends, shall include-
(a) the provision and maintenance of plant and systems of
work in the factory that are safe and without risks to health;
(b) the arrangements in the factory for ensuring safety and
absence of risks to health in connection with the use,
handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training
and supervision as are necessary to ensure the health and
safety of all workers at work;
 PRELIMINARY …(contd.)
Sec.7A – General duties of the occupier
(d) the maintenance of all places of work in the factory in a
condition that is safe and without risks to health and the
provision and maintenance of such means of access to, and
egress from, such places as are safe and without such risks;
(e) the provision, maintenance or monitoring of such
working environment in the factory for the workers that is
safe, without risks to health and adequate as regards
facilities and arrangements for their welfare at work.
(3) Except in some cases, every occupier shall prepare, and,
revise, a written statement of his general policy with respect
to the health and safety of the workers at work and the
organization and arrangements for the time being in force
for carrying out that policy, and to bring the statement to
the notice of all the workers
 PRELIMINARY …(contd.)
Sec.7B – General duties of manufacturers, etc. as
regards articles and substances for use in factories
(1) Every person who designs, manufactures, imports or
supplies any article for use in any factory, shall-
(a) ensure, so far as is reasonably practicable, that the
article is so designed and constructed as to be safe
and without risks to the health of the workers when
properly used;
(b) carry out or arrange for the carrying out of such
tests and examination as may be considered
necessary for the effective implementation of the
provisions of clause (a);
 PRELIMINARY …(contd.)
(c) take such steps as may be necessary to ensure that
adequate information will be available
(i) in connection with the use of the article in any
factory;
(ii) about the use for which it is designed and tested;
and
(iii) about any conditions necessary to ensure that the,
when put to such use, will be safe, and without risks to
the health of the workers:
PROVIDED that where an article is designed or
manufactured outside India, it shall be obligatory on the
part of the importer to see-
 PRELIMINARY …(contd.)
(a) that the article conforms to the same standards if such
article is manufactured in India, or
(b) if the standards adopted in the country outside for the
manufacture of such article is above the standards
adopted in India, that the article conforms to such
standards.
(2) Every person, who undertakes to design or
manufacture any article for use in any factory may carry
out or arrange for the carrying out of necessary
research with a view to the discovery and, so far as is
reasonably practicable, the elimination or minimization
of any risks to the health or safety of the workers to
which the design or article may give rise.
 PRELIMINARY …(contd.)
(3) Nothing contained in sub-sections (1) and (2) shall be
construed to require a person to repeat the testing,
examination or research which has been carried out
otherwise than by him or at his instance in so far as it is
reasonable for him to rely on the results thereof for the
purposes of the said sub-sections.
(4) Any duty imposed on any person by sub-sections (1) and (2)
shall extend only to things done in the course of business
carried on by him and to matters within his control.
(5) Where a person designs, manufactures, imports or supplies
an article on the basis of a written undertaking by the user of
such article to take the steps specified in such undertaking to
ensure, so far as is reasonably practicable, that the article will
 PRELIMINARY …(contd.)
be safe and without risks to the health of the workers when
properly used, the undertaking shall have the effect of
relieving the person designing, manufacturing, importing or
supplying the article from the duty imposed by clause (a) of
sub-section (1) to such extent as is reasonable having regard
to the terms of the undertaking.
(6) For the purposes of this section, an article is not to be
regarded as properly used if it is used without regard to any
information or advice relating to its use which has been made
available by the person who has designed, manufactured,
imported or supplied the article.
Explanation : For the purposes of this section, "article" shall
include plant and machinery.
 THE INSPECTING STAFF
Sec. 9. Powers of Inspectors
Subject to any rules made in this
behalf, an Inspector may, within
the local limits for which he is
appointed,-
(a) enter, with such assistants, being persons in the service of the
government, or any local or other public authority, or with an
expert as he thinks fit, 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;
 THE INSPECTING STAFF
(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) direct the occupier that any premises or any part thereof,
or anything lying therein, shall be left undisturbed
(whether generally or in particular respects) for so long as
is necessary for the purpose of any examination under
clause (b);
(g) take measurements and photographs and make such
recordings as he considers necessary for the purpose of any
examination under clause (b), taking with him any
necessary instrument or equipment;
(h) 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, and take possession of any
such article or substance or a part thereof, and detain it for
so long as is necessary for such examination;
(i) exercise such other powers as may be prescribed:
PROVIDED that no person shall be compelled under this
section to answer any question or give any evidence
tending to incriminate himself.
 THE INSPECTING STAFF
Sec 10. Certifying surgeons
(1) The State Government may appoint qualified medical
practitioners to be certifying surgeons for the purposes of this Act
within such local limits as it may assign to them respectively.
(2) A certifying surgeon may, with the approval of the State
Government, authorize any qualified medical practitioner to
exercise any of his powers under this Act
(3) No person shall be appointed to be, to exercise the powers of a
certifying surgeon, who is or becomes the occupier of a factory or is
or becomes directly or indirectly interested therein
PROVIDED that the State Government may, by order in writing
and subject to such conditions as may be specified in the order,
exempt any person or class of persons from the provisions of this
sub-section in respect of any factory or class or description of
factories.
 THE INSPECTING STAFF
(4) The certifying surgeon shall carry out such duties as may be
prescribed in connection with-
(a) the examination and certification of young persons under this
Act;
(b) the examination of persons engaged in factories in such
dangerous occupations or processes as may be prescribed;
(c) the exercising of such medical supervision as may be
prescribed for any factory or class or description of factories
where-
(i) cases of illness have occurred which it is reasonable to
believe are due to the nature of the manufacturing process
carried on, or other conditions of work prevailing, therein;
 THE INSPECTING STAFF
(ii) by reason of any change in the manufacturing process
carried on or in the substances used therein or by reason of the
adoption of any new manufacturing process or of any new
substance for use in a manufacturing process, there is a
likelihood of injury to the health of workers employed in that
manufacturing process;
(iii) young persons are, or are about to be, employed in any
work which is likely to cause injury to their health.
Explanation: In this section "qualified medical practitioner"
means a person holding a qualification granted by an authority
specified in the Schedule to the Indian Medical Degrees Act,
1916, or in Schedules to the Indian Medical Council Act,
1933.
Chapter-IV
Safety
 Safety CHAPTER - IV
Consists of 24 ; Sections
Sec.21: Fencing of machinery.
Sec.22: Work near machinery in motion.
Sec.23: Employment of young persons on
dangerous machine.
The machines specified in sections 28, 29 and 30 and the machines mentioned
below shall be deemed to be of such dangerous character that young persons
shall not work at them unless the provisions of sub-section (1) of section 23 are
complied with -
(a) Power presses other than hydraulic presses.
(b) Milling machines used in the metal trades.
(c) Circular saws.
(d) Platen printing machines.
(e) Guillotine machines.

Sec.26 : Casing of new machinery.

 Safety (Cont…)
 Sec.28 – Hoists and lifts.
Shall be of good construction and strength,
properly maintained and thoroughly examined
by a competent person at least once in every
period of six months and a register kept
containing the prescribed particulars of every
such examination. The Maximum SWL shall be
plainly marked on every hoist and lift.
 Safety (Cont…)
 Sec.29 – Lifting machines, chains, ropes and
lifting tackles. Applicable to every lifting machine
other than a hoist and lift and every chain, rope
and lifting tackle for the purpose of raising or
lowering persons, goods or materials. All parts
shall be of good construction, properly
maintained and thoroughly examined by a
competent person at least once in every period
of twelve months and a register as prescribed in
Sec.28 be maintained.
 Safety (Cont…)
Sec.30 - Revolving machinery.
Sec.31 - Pressure plant.
Sec.32 – Floors, stairs & means of access
Sec.33 – Pits, sumps, openings infloors,etc.
Sec.34 - Excessive weights.
Sec.35 - Protection of eyes.
Sec.36 - Precautions against dangerous
fumes, gases, etc.
Sec.36-A – Precautions regarding the use of portable
electric light
 Safety
(Cont…)

Sec.37: Explosive or inflammable dust.

Sec.38: Precautions in case of Fire.

Sec.40: Safety of building and machinery:

Sec.40-A: Maintenance of building.

Sec.40-B: Safety officer.

Sec.41 – Power to make rules to supplement this
chapter
Chapter-IX
 Special Provisions
Sec. 87A. Power to prohibit employment on account of serious hazard
(1) Where it appears to the Inspector that conditions in a factory or part thereof
are such that they may cause serious hazard by way of injury or death to the
persons employed therein or to the general public in the vicinity, he may, by
order in writing to the occupier of the factory, state the particulars in respect of
which he considers the factory or part thereof to be the cause of such serious
hazard and prohibit such occupier from employing any person in the factory or
any part thereof other than the minimum number of persons necessary to
attend to the minimum tasks till the hazard is removed.
(2) Any order issued by the Inspector under sub-section (1) shall have effect for a
period of three days until extended by the Chief Inspector by a subsequent
order.
(3) Any person aggrieved by an order of the Inspector under sub-section (1), and
the Chief Inspector under sub-section (2), shall have the right to appeal to the
High Court.
(4) Any person whose employment has been affected by an order issued under
sub-section (1), shall be entitled to wages and other benefits and it shall be the
duty of the occupier to provide alternative employment to him wherever
possible and in the manner prescribed.
 Chapter-X
Penalties and
Procedure
 Penalties and Procedure
• Section- 92 : General penalty for offences
For any contravention of any of the provisions of the Act or Rules made
thereunder the Occupier / Manager shall each be guilty of an offence which
may be
Max imprisonment- 2 years
Max. fine- Rs. 1,00,000 or with both

• Section-94 : Enhanced penalty for previous conviction

Max imprisonment- 3 years
Max. fine- Rs. 10,000 to 2,00,000

• Section - 96 A : Penalty for contraventionof the provisions of

sections 41B, 41C & 41H
Max. imprisonment- 7 years
Max. fine- Rs. 2,00,000
If contravention continues – Rs.5,000 for every day, if beyond one year then
imprisonment for 10 years.
 Penalties and Procedure
Sec. 95. Penalty for obstructing Inspector
Whoever willfully obstructs an Inspector in the exercise of any
power conferred on him by or under this Act, or fails to produce
on demand by an Inspector any registers or other documents in
his custody kept in pursuance of this Act or of any rules
made thereunder, or conceals or prevents any worker in a factory
from appearing before, or being examined by, an Inspector, shall
be punishable with imprisonment for a term which may extend
to Six months or with fine which may extend to ten thousand
rupees or with both.
 Penalties and Procedure
• Section- 97 : Offences by workers
For any contravention of any of the provisions of the Act
or Rules made thereunder the he shall each be
punishable with fine upto Rs.500.

• Section-105 : Cognizance of offences

Cognizance of offence will be taken on complaint by an
inspector. A Presidency Magistrate or a Magistrate of
the first class shall try offence punishable under this
Act.
 Penalties and Procedure
Sec. 101. Exemption of occupier or manager from liability in certain cases
Where the occupier or manager of a factory is charged with an offence
punishable under this Act, he shall be entitled, upon complaint duly
made by him and on giving to the prosecutor not less than three clear days
notice in writing of his intention so to do, to have any other person
whom he charges as the actual offender brought before the court at
the time appointed for hearing the charge; and if, after the commission of
the offence has been proved, the occupier or manager of the factory, as the
case may be, proves to the satisfaction of the court-
(a) that he has used due diligence to enforce the execution of this Act,
and
(b) that the said other person committed the offence in question
without his knowledge, consent or connivance, that other person shall
be convicted of the offence and shall be liable to the like punishment
as if he were the occupier or manager of the factory, and the occupier
or manager, as the case may be, shall be discharged from any liability
under this Act in respect of such offence:
 Penalties and Procedure
PROVIDED that in seeking to prove as aforesaid, the occupier or
manager of the factory, as the case may be, may be examined
on oath, and his evidence and that of any witness whom he
calls in his support shall be subject to cross-examination on
behalf of the person he charges as the actual offender and by
the prosecutor:
PROVIDED FURTHER that, if the person charged as the actual
offender by the occupier or manager cannot be brought
before the Court at the time appointed for hearing the charge,
the Court shall adjourn the hearing from time to time for a
period not exceeding three months and if by the end of the said
period the person charged as the actual offender cannot still be
brought before the Court, the Court shall proceed to hear the
charge against the occupier or manager and shall, if the
offence be proved, convict the occupier or manager.