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FACTORIES ACT, 1948
63 of 1948
An Act to consolidate and amend the law regulating labour in factories. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Factories Act, 1948.
1[(2) It extends to the whole of India 2[***]].
(3) It shall come into force on the 1st day of April, 1949.
SECTION 02: INTERPRETATION
In this Act, unless there is anything repugnant in the subject or context,-
(a) "adult" means a person who has completed his eighteenth year of age;
(b) "adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year; 3[( bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;]
(c) "child" means a person who has not completed his fifteenth year of age;
4[(ca)"competent person", in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this Act having regard to--
(i) the qualifications and experience of the person and facilities available at his disposal; or
(ii) the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such test, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory;
(cb) "hazardous process" means any process or activity in' relation to an industry specified to 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;]
(d) "young person" means a person who is either a child or an adolescent;
(e) "day" means a period of twenty-four hours beginning at midnight;
(f) "week" means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of factories;
(g) "power" means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;
(h) "prime mover" means any engine, motor or other appliance which generates or otherwise provides power;
(i) "transmission machinery" 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;
(j) "machinery" includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied;
(k) "manufacturing process" means any process for-
(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
5[(ii) pumping oil, water, sewage or any other substance; or];
(iii) generating, transforming or transmitting power; or
6[( iv) composing types for printing, printing by letter press, lithography, photograv ire or other similar or book binding;]7[or]
(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels;7[or]
7[(vi) preserving or storing any article in cold storage;]
(l) "worker" means a person8[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 process9[but does not include any member of the armed forces of the union;]
(m) "factory" means any premises including the precincts thereof-
(i) whereon ten or more workers are working, or were working on any day of the preceding twelve 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
(ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve 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 10[the Mines Act, 1952 (35 of 1952)-], or11[a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel,
restaurant or eating place;] 11a[13Explanation 1]: For computing the number of workers for the purposes of this clause al' the workers in 14[different groups and relays] in a day shall be taken into account.]manufacturing process is being carried on in such premises or part thereof;]
(n) "occupier" of a factory means the person who has ultimate control over the affairs of the factory15 [* * *] :16[Provided that-
(i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;
(ii) in the case of a company, any one of the directors shall be deemed to be the occupier;
(iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier:]17[18[Provided further that] in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire,-
(1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under-
(a)section 6-,section 7-,19[section 7A-,section 7B-,]section 11-orsection 12-;
(b)section 17-, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock;
(c)section 18-,section 19-,section 42-,section 46-,section 47-orsection 49-, in relation to the workers employed on such repair or maintenance;
(2) the owner of the ship or his agent or master or other officer-in - charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13 - ,section 14-,section 16-orsection 17-(save as otherwise provided in this proviso) or Chapter IV (except section
27-) or section 43-,section 44 –or section 45 -,Chapter VI-,Chapter VII-,Chapter VIII-or Chapter IX-or section 108-,section 109-orsection 110-, in relation to-
(a) the workers employed directly by him, or by or through any agency-; and
(b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person;]
(o)20[* * *]
(p) "prescribed" means prescribed by rules made by the State Government under this Act;
(q)21[* * *]
(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 a22["group" or "relay"] and each of such periods is called a "shift".
SECTION 03: REFERENCES TO TIME OF DAY
In this Act references to time of day are references to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time: Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government may make rules-
(a) specifying the area,
(b) defining the local mean time ordinarily observed therein, and
(c) permitting such time to be observed in all or any of the factories situated in the area.
SECTION 04: POWER TO DECLARE DIFFERENT DEPARTMENTS TO BE SEPARATE FACTORIES
or two or more factories to be a single factory The State Government may,24[on its own or] on an application made in this behalf by an occupier, direct, by an order in writing,24[and subject to such conditions as it may deem fit], that for all or any of the purposes of this Act different departments or branches of factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory:]24[Provided that no order under this section shall be. made by the State Government on it own motion unless an opportunity of being heard is given to the occupier.]
SECTION 05: POWER TO EXEMPT DURING PUBLIC EMERGENCY
In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act25 [except section 67-] for such period and subject to such conditions as it may think fit: Provided that no such notification shall be made for a period exceeding three months at a time.26[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.]
SECTION 06: APPROVAL, LICENSING AND REGISTRATION OF FACTORIES
(1) The State Government may make rules- 27[(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;] 28(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 regis tration and licensing and for the renewal of licences; (e) requiring that no licence shall be granted or renewed unless the notice specified in section 7-has been given.
(2) If on an application for permission referred to in29[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 three 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.
(3) 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 thirty 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.
SECTION 07: NOTICE BY OCCUPIER
(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, 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; 30[(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 twelve 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 twelve months in the case of all factories; 31[(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 twelve months in the case of a factory in existence on the date of the commencement of this Act;
(i) such other particulars as may be prescribed.
(2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days, from the date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1)32[at least thirty days] before the date of the commencement of work.
(4) Whenever a new manager is appointed, the occupier shall send to the 33[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.
(5) 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.
SECTION 07A: 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) Without prejudice to the generality of the provisions of sub- section (1), 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 t work;
(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 such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed.]
SECTION 07B: 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);
(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 article, 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-
(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.
(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 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.]
SECTION 08: INSPECTORS
(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.
36[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification.
(2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the powers of an Inspector throughout the State.]
(3) No person shall be appointed under sub-section (1), sub-section (2)37[, 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)38[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 theIndian Penal Code (45 of 1860)-, and shall be officially subordinate to such authority as the State Government may specify in this behalf.
SECTION 09: 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,39[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; 40[
(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) 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 (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;
(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.
SECTION 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 or for such f ory or class or description of factories 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 for such period as the certifying surgeon may specify and subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorized.
(3) No person shall be appointed to be, or authorized to exercise the powers of, a certifying surgeon, or having been so appointed or authorized, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein or in any patent or machinery connected therewith or is otherwise in the employ of the factory :41[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.]
(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;
( 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.
SECTION 11: CLEANLINESS
(1) Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular-
(a) accumulations of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner;
(b) the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method;
(c) where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained ;
(d) all inside walls and partitions, all ceilings or tops of rooms and all walls,sides and tops of passages and staircases shall -
( i) where they are42[painted otherwise than with washable water-paint] or varnished, be repainted or refurnished at least once in every period of five years; 42[(ia) where they are painted with washable water paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months;]
(ii) where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed;
(iii) in any other case, be kept whitewashed or colour washed, and the whitewashing or colour washing shall be carried out at least once in every period of fourteen months;
43(dd) all doors and window frames and other wooden or metallic frame work and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;]
(e) the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register.
(2) If, in view of the nature of the operations carried on 44[in a factory or class or description of factories or any part of a factory or class or description of factories], it is not possible for the occupier to comply with all or any of the provisions of sub-section (1), the State Government may by order exempt such factory or class or description of factories 45[or part] from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean state.
SECTION 12: DISPOSAL OF WASTES AND EFFLUENTS
46[(1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.]
(2) The State Government may make rules prescribing the arrangements to be made under subsection
(1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed.
SECTION 13: VENTILATION AND TEMPERATURE
(1) Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom-
(a) adequate ventilation by the circulation of fresh air, and
(b) such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health; and in particular,-
(i) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable;
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