Introduction

 History of Factories Act, 1948

o Evolution of factories and industries
o Factory Act of 1881
 Important provisions of the 1881 Act
o Factory Act of 1891
 Important provisions of the 1891 Act
o Factory Act of 1948
 Salient features of Factories Act, 1948
 Objectives of Factories Act, 1948
 Application of the Factories Act,1948
 Definitions under the Factories Act, 1948
 Important provisions in the Factories Act, 1948
o Getting approval, licencing and registration of factories (Section 6)
o Labour and welfare
 Welfare measures
 Washing facilities (Section 42)
 Facilities for storing and drying clothing (Section 43)
 Facilities for sitting (Section 44)
 First aid appliance (Section 45)
 Canteen (Section 46)
 Shelters, restrooms and lunch rooms (Section 47)
 Creches (Section 48)
o Health
 Cleanliness (Section 11)
 Disposal of wastes and effluents (Section 12)
 Ventilation and temperature (Section 13)
 Dust and fume (Section 14)
 Overcrowding (Section 16)
 Lighting (Section 17)
 Drinking (Section 18)
  Latrines and urinals (Section 19)
 Spittoons (Section 20)
o Safety
 Penalties of the Factories Act, 1948
o General Penalty for offences
o Liability of an owner of factory premises
o The penalty is enhanced even after a previous conviction
o The penalty for obstructing an inspector
o Penalty for wrongfully disclosing results of analysis
o Penalty for the contravention of certain provisions
o Worker‟s offences
o False certificate of fitness
o Double Employment of Child
 Duties of various authorities under the Factories Act
o Duties of occupier
 Notice given by occupier (Section 7)
 General duties of the occupier (Section 7A)
o Duties of manufacturers
 General duties of manufacturers (Section 7B)
 Case laws
o Shankar Balaji Waje v. State of Maharashtra, (1961)
 Facts of the case
 Issues involved
 Judgement of the case
o Shri Suresh Kumar Jalan & Ors v. State of Bihar, (2011)
 Facts of the case
 Issues involved
 Judgement of the case
o [Link] Prasad v. The State of AP by its Assistant Inspector of Factories, (2016)
 Facts of the case
 Issues involved
  Judgement of the case
 New Amendments of Factories Act
o Amendment (1954)
o Amendment (1976)
o Amendment (1987)
 Registers required to be maintained under the Factories Act, 1948
 Acts to be done or maintained
 Conclusion

Introduction

The Factories Act of 1948 was enacted to protect the welfare of workers in a factory by
regulating employment conditions, working conditions, the working environment, and other
welfare requirements of specific industries. The Court held in Ravi Shankar Sharma v. State of
Rajasthan (1993) that the Factory Act is social legislation that covers the health, safety, welfare,
and other aspects of factory workers. The Factories Act lays out guidelines and safety measures
for using machinery, and with its strict compliance, it also provides owners with instructions.
When factory workers were taken advantage of and exploited by paying them low wages, the
Factories Act was passed.

A factory is a building or group of buildings where people work with machinery to make goods.
The primary goal of the Factories Act is to safeguard employees in a factory from industrial and
occupational risks. This Act gives the owner or occupier of a factory a particular responsibility to
secure and protect employees from employment in conditions harmful to their health and safety
in order to safeguard workers. It is stated in the Act that the purpose of the Factories Act is to
amend and consolidate the legal framework governing factory labour. The Bhopal gas tragedy
case (1984) raised public awareness of factory pollution and risks, necessitating government
action to allow legislation amendments.
The article is described as follows: history, objectives, some key terminology and definitions in
their most basic form, application to the Factories Act, penalties for violation of the Act,
facilities supplied to employees in a factory, and finally, certain case laws and new amendments
to the Act.

History of Factories Act, 1948

Evolution of factories and industries

The Factory Act has a history that goes back more than a century. Modern industrialization was
introduced to India over a century after it began in the United Kingdom. The first cotton textile
factory was established in Bombay in 1854. By 1870, a huge number of industries had been
constructed in Bombay, Nagpur, Kanpur, and Madras. In Bihar, the first iron and steel works
were established in 1873. Jute spinning mills were established at Rishra around 1855. In 1881,
Bengal had 5000 power looms in operation. During the 1870s, Bally paper mills were created at
Hooghly and many other tanning and leather factories were established in Kanpur, resulting in
the development of factory establishments in India. The early employment of women and
children, the length of the working hours, and the hazardous and unhygienic working conditions
brought issues and crises to India, and due to these scenarios, legislation was established for all
factories and industries. The necessity for protective labour legislation to combat working
conditions, particularly for women and children, was recognised as early as 1850, but the British
government did very little. The Bara Bazar organisation was founded in 1878 by Sasipad
Bannerjee to promote the welfare of jute mill employees. There were strikes in 1877 at Nagpur
Empress Mill, which are recorded. The production methods were changed throughout the
industrial revolution that occurred in England between 1760 and 1820. The development of
several mechanical innovations began, such as the steam engine, which gave humans the
capability to drive powerful machines.

Factory Act of 1881

In 1875, a committee was established to look into the working conditions of Indian employees
working in a factory. The first Factory Act was passed in 1881, under Lord Ripon‟s leadership.
The Factory Act is a central body of legislation in India. This Act was based on the terms of
the Factory Act of Great Britain, which was enacted in 1937. Local governments had the power
under the Factory Act of 1881 to enact rules governing the implementation of the Act‟s
provisions to control the employment of children, the fencing of machinery, the responsibility to
notify factory workers when accidents occur, and other occupations in a factory. This Bill (1881)
was amended by the Council and passed on the first day of July 1881, after receiving approval
from the Viceroy. The Act was immediately codified as the Indian Factories Act of 1881. This
Act was applied to the entire of British India. The Act governs the working conditions of the
workforce by establishing several laws relevant to workers‟ health, safety, working
circumstances, and hazardous processes. If any of the Factory Act‟s principles are violated, there
are various penalty procedures.

The Factory Act of 1881 included protective labour laws. The Factory Act of 1881 was the result
of the efforts of philanthropic individuals, social activists in India, and Lancashire manufacturers
in Great Britain. Narayan Meghaji Lokhandey, a follower of Mahatma Jyotiba Phule, was the
country‟s first labour leader. He worked as a storekeeper at a textile mill and spent his whole life
advancing the interests of the labour movement. A memorandum signed by 5300 employees was
also given by him to the Factory Commission, which was formed in 1884. The Indian
government appointed the factory commission in 1890.

Important provisions of the 1881 Act

The important provisions of the 1881 Act are as follows:

1. Children under the age of seven are not allowed to work, and they cannot work two
jobs on the same day.

2. The working hours for children were nine hours per day.

3. Four holidays must be given to children each month.

4. Intervals must be provided to take a rest.

5. Care must be taken when handling machinery‟s dangerous parts fence.

 6. Accidents in a factory or industry must be reported.

7. The Act was applicable to factories with mechanical power and 100 or more
employees.
Since the Factory Act of 1881 was not enough and did not cover all aspects of the Act, there was
a further amendment to the Act called the Factory Act of 1891.

Factory Act of 1891

Later, in 1885, a Factory Commission was established. In 1891, a Royal Commission on Labour
was created, and it was enforced in 1892. The Act was amended, known as the Factories Act of
1891. This amendment Act of 1891 placed certain restrictions on the working hours of the
factory.

Important provisions of the 1891 Act

The important provisions of the 1891 Act are as follows:

 Registration of a factory with 50 or more employees.

 Local governments were obliged to report activities that employed even 20 employees
in a factory.

 The employment of children under the age of nine was prohibited.

 In the case of children aged 9 to 14, seven hours of work were given.

 In the case of women, eleven hours of work were given with a 1.5-hour break per day.

 Women and children were not permitted to work between the hours of 8 p.m. and 8
a.m.

 All employees must be offered weekly holidays.

 A rest interval of at least 0.5 hours must be provided.

 Provincial governments are empowered to enact sanitation and comfort rules.

Factory Act of 1948

The Factory (Amendment) Act of 1948 played an effective and more important role in improving
India. A five-year plan was developed during the Interim Congress Regime to improve certain
labour conditions in India, and it also referred to the Factory Act of 1934, the Great Britain
Factory Act, and the most recent ILO Convention in matters of safety, health and welfare,
working hours, industrial hygiene, medical examination of young people, and submissions of
factory building plans. The first effort at cooperation between the government, employers, and
workers with respect to labour took place at the conference in 1942. As a result, after Conference
1942, a Plenary Tripartite Conference and a Standing Labour Committee were established to
provide the government with labour-related advice. This led to the submission of legislative
measures, including the drafted bill. The factories bill was proposed on January 30, 1948, and it
was approved by the Constituent Assembly on August 28, 1948. It also received the Governor-
General of India‟s approval on September 23, 1948, and it became effective on April 1, 1949.

The Factory Act of 1948 is longer and more exhaustive than the previous amendment, and it
primarily focuses on health, safety, the welfare of factory workers, working hours, the minimum
age to work, leave with pay, etc. The industry is a consistent and systematic activity that
organises commerce. A factory is a place where certain operations take place. The Factories Act
of 1948 controls the daily operations that take place in an enterprise. This includes Jammu and
Kashmir as well as the whole of India.

The Act was then amended in 1891, 1911, 1922, 1934, 1948, 1976, and 1987. The Factories
Act‟s exclusive amendment was in 1948.

Salient features of Factories Act, 1948

The important features of the 1948 Act are as follows:

  The word “factory” has been expanded by the Factories (Amendment) Act of 1976 to
include contract labour when determining whether a factory has a maximum of 10 or
20 employees.

 The Act increased the minimum age for children to work in workplaces from 12 to 14
and reduced their daily working hours from 5 to 4 and a half.

 The Act forbids women and children from working in factories from 7 p.m. to 6 a.m.

 The difference between a seasonal and non-seasonal factory has been abolished by the
Act.

 The Act, which has provisions for factory registration and licencing.

 The state government is required to make sure that all factories are registered and also
have valid licences that are renewed from time to time.

 The Act gives state governments the authority to enact rules and regulations that ask
for management and employee association for the benefit of employees.

 The state government has the authority to apply the Act‟s requirements to any
establishment, regardless of the number of employees inside and regardless of
whether the establishment engages in manufacturing operations.

 In Rabindra Agarwal v. State of Jharkhand (2010), the Jharkhand High Court held
that the Factories Act, special legislation would prevail over the Indian Penal Code

Objectives of Factories Act, 1948

The important objectives of the 1948 Act are as follows:

 The major goal of the Factories Act of 1948 is to establish adequate safety measures
and to enhance the health and welfare of workers employed in a factory. The Act also
protects workers from various industrial and occupational hazards.

o Heath: According to the Act, all factories must be kept clean, and all
essential safeguards must be taken to safeguard the health of workers. The
factory must have a sufficient drainage system, adequate lighting,
 ventilation, temperature, etc. There must be clean water supplies. Separate
restrooms and urinals must be built in convenient locations for males and
females. These must be freely accessible to employees and kept clean.

o Safety: The Act requires that machines be properly fenced; that no young
adults work on any dangerous machines in enclosed places, and also that
appropriate manholes be provided so that employees may escape in an
emergency.

o Welfare: The Act specifies that appropriate and suitable washing facilities
for workers must be provided and maintained in every factory. There must
be storage and drying facilities, as well as sitting areas, first-aid equipment,
shelters, restrooms and lunch rooms.
 The Act also imposes some restrictions on the employment of women, small children,
and teenagers, such as working hours, intervals, holidays, etc., as well as on annual
leave with pay, etc.

o Working hours: The Act sets working hours for all workers, and no adult
worker must be permitted to work in a workplace for more than 48 hours
per week. Weekly holidays need to be granted.
 The Act also imposes specific restrictions on owners, occupiers, or the manufacturer‟s
head in order to safeguard employees and ensure their health and safety precautions.

 The Act protects workers from exploitation and improves working conditions and the
environment within factory premises.
o Penalties: The Act also specifies specific rules created with provisions
under the Act, and written orders that are violated. It is an offence, and
penalties will be imposed, imprisonment for up to a year; a fine of up to
one lakh rupees; or both fine and imprisonment. Any employee who
misuses equipment related to the welfare, safety, and health of other
employees, or those connected to the performance of his duties, suffers a
Rs.500 fine.
Application of the Factories Act,1948

The important applications of the 1948 Act are as follows:

 The Act also applies to the whole country of India, including Jammu and Kashmir,
and covers all manufacturing processes and premises that fall under the definition of a
factory as defined in Section 2(m) of the Act. It also applies to factories owned by the
central or state governments, as defined in Section 116 of the Act.

 The Act is applied and limited to factories that use power and employ 10 or more
people on any working day in the preceding 12 months.

 The Act is applied and limited to factories that do not use power and employ 20 or
more people on any working day in the preceding 12 months.

 The Act is also covered under Section 85 of the Factories Act by the state
governments or Union Territories.

Definitions under the Factories Act, 1948

The important definitions under the 1948 Act are as follows:

Adult and child: An adult is defined as someone who has attained the age of eighteen, as
defined in Section 2(a) of the Act.

A child is someone who has not attained the age of fifteen, as defined in Section 2(c) of the Act.

Adolescent: Adolescent is defined in Section 2(b) of the Act. An adolescent is defined as

someone who has attained the age of fifteen but has not yet attained the age of eighteen.

Calendar year: The calendar year is defined in Section 2(bb) of the Act. A calendar year is a
period of twelve months commencing on January 1st of any year.

Competent person: A competent person is defined in Section 2(ca) of the Act. A competent
person is someone or a group of individuals who have been approved by the Chief Inspector to
conduct tests, examinations, and inspections that must be conducted in a plant. He/she is
someone who has the necessary knowledge and experience to handle the complexity of the
issue.

Hazardous process: Hazardous process is defined in Section 2(cb) of the Act. A hazardous
process is defined as any process or activity related to the industry that requires special care of
raw materials that are used in it, intermediate or finished products, by-products, wastes, or
effluents that would cause material impairment to the health of those engaged in or connected
with it or that result in polluting the environment.

Machinery: Machinery is defined in Section 2(j) of the Act. The term covers prime movers,
transmission machinery, and any other equipment and appliances that produce, transform,
transmit, or apply power.

Power: Power is defined in Section 2(g) of the Act. Power is defined as any type of
mechanically transmitted energy that is not created by a human or animal agency.

Week: Week is defined in Section 2(f) of the Act. A week is defined as a seven-day period
beginning at midnight on Saturday night or other nights that have been approved in writing for a
specific area by the Chief Inspector of Factories.

Day: Day is defined in Section 2(e) of the Act. A day is defined as a 24-hour period beginning at
midnight.

Young person: Young person is defined in Section 2(d) of the Act. A young person is defined as
a child or an adolescent.

Factory: The definition of a factory is specified in Section 2(m) of the Factories Act 1948. A
factory is any premises, where it has certain limits and boundaries-
  If a manufacturing process is regularly carried out in any portion of the premises with
the use of power and with ten or more workers now engaged in such activity or were
engaged in such work on any day during the previous twelve months; or

 If any element of a manufacturing process is performed inside the premises without

the use of power and is regularly performed with twenty or more employees working
or having worked there on any given day within the previous twelve months.
Manufacturing process: The manufacturing process definition is specified under Section 2(k).
The term “manufacturing process” refers to any process for:

 Generating, altering, repairing, ornamenting, finishing, packing, oiling, washing,

cleaning, demolishing, or otherwise treating or adapting any article or;

 A substance in preparation for use, sale, transportation, delivery, or disposal or;

 Producing, transforming, or transmitting energy or;

 Creating type for printing, letterpress printing, lithography, bookbinding, or any other
similar process or;

 Constructing, reconstructing, repairing, refitting, finishing, or breaking up ships or

vessels, etc. (as defined by the 1976 Amendment Act);

 Preserving or storing any item in cold storage.

Worker: The worker definition is specified under Section 2(l). A worker is someone who
performs any job associated with a manufacturing process, whether they are employed directly or
indirectly through an agency, a contractor, or any other means. This helps to maintain any
equipment or facilities utilised in the manufacturing process. The worker may be hired with or
without the principal employer‟s knowledge and with or without compensation.

Important provisions in the Factories Act, 1948

Getting approval, licencing and registration of factories (Section 6)

  The state government shall make rules that require formal submission of plans of any
category or description of factories, as well as the site on which the factory is located,
for construction or extension must be submitted to the chief inspector or the state
government.

 This Section requires the registration and licencing of factories, as well as the
payment of fees for such registration and licencing, as well as the renewal of licences.

 No licence is issued or renewed unless the occupier gives notice to the chief inspector.

 If the state government refuses to grant permission to the site or construction of a

factory, then within 30 days of the refusal, the applicant can appeal to the central
government.

Labour and welfare

The word „labour welfare‟ refers to the services offered to employees within as well as outside
the factory, such as canteens, restrooms, recreation areas, housing, and any other amenities that
support employee well-being. States that take welfare measures care about the overall well-being
and productivity of their workforce. Early on in the industrialization process, social programmes
for manufacturing workers did not receive enough priority. In the past, industrial labour
conditions in India were terrible. Due to a growth in industrial activity in the latter part of the
twenty-first century, several attempts were made to improve the working conditions of the
workforce through the recommendations of the Royal Commission.

After gaining knowledge about the deficiencies and limitations of the previous Act, the Factories
Act of 1948 was amended. The definition of „factory‟ was expanded to encompass any industrial
facility employing 10 or more people that uses power or any industrial establishment employing
more than 20 people that uses no power, which was a significant development.

Other significant amendments included-

 Raising the minimum age of children who can work from 12 to 14 years old.
  Reducing the number of hours a child can work from five to four and a half.

 Preventing the kids from working between the hours of 7 p.m. and 6 a.m.

 The health, safety, and well-being of all types of employees are given particular
attention.

Welfare measures

The three main components of welfare measures are occupational health care, appropriate
working hours, and appropriate remuneration. It speaks of a person‟s complete health, including
their physical, mental, moral, and emotional states. The goal of welfare measures is to integrate
the socio-psychological demands of the workforce, the particular technological requirements, the
organisational structure and procedures, and the current socio-cultural environment. It fosters a
culture of work dedication in enterprises and society at large, ensuring increased employee
happiness and productivity.

Washing facilities (Section 42)

 All factories should supply and maintain enough appropriate washing facilities for the
use of the employees.

 For male and female employees, separate, well-screened facilities must be provided;
these facilities also need to be easily accessible and maintained clean.

 The standards for appropriate and suitable facilities for washing must be set by the
state government.

Facilities for storing and drying clothing (Section 43)

 The state government has a specific authority. It specifies that the state government
has the authority to give instructions to the manufacturers regarding where to store the
worker‟s clothing.

 They can also provide them with instructions on how to dry the workers‟ clothes. It
refers to the circumstance in which workers are not dressed for work.
Facilities for sitting (Section 44)

 All factories should provide and maintain seating arrangements in appropriate areas
for all workers who are required to work in a standing position in order to take
advantage of any chances for rest that may arise throughout the course of the job.

 According to the chief inspector, workers in any factory involved in a certain

manufacturing process or working in a specific room are able to perform their work
effectively while seated.

First aid appliance (Section 45)

 All factories must have first aid kits, appliances, or cupboards stocked with the
required supplies during all working hours, and they must be easily accessible for all
manufacturing employees to access. Accordingly, there must be more first aid boxes
or cupboards than the usual ratio of one for every 150 industrial employees, which
must be fewer than that.

 The first aid box or cupboard should only include the recommended supplies.

 Throughout the factory‟s operating hours, each first aid box or cupboard should be
kept under the supervision of a specific person who is accountable for it on a separate
basis and must be readily available at all times during the working hours of the
factory.

Canteen (Section 46)

 A canteen must be provided and kept up by the occupier for the benefit of the workers
in any specified factory where more than 250 people are usually employed, according
to rules that the state government may set.

 Food must be served, and prices must be established for it.

Shelters, restrooms and lunch rooms (Section 47)

  Every factory with more than 150 employees must have appropriate and suitable
restrooms or shelters and a lunchroom with drinking water where employees can eat
food they have brought with them and that is kept for their use. If a lunchroom is
available, employees should stop eating in the work area.

 The shelters or restrooms need to be well-lighted, ventilated, kept clean, cool, and in
good condition.

 The state government sets the standards.

Creches (Section 48)

 Every factory with more than 30 female employees must have a suitable room for the
use of children under the age of six of such women.

 Such rooms must be well furnished, well-lighted, and ventilated, and they must be
kept clean and hygienic. They must also be under the care of women who have
received training in child and infant care.

 In addition, facilities for washing and changing clothes can be made available for the
care of the children of female workers.

 Any factory may be forced to provide free milk, refreshments, or both to such
children.

 Small children can be fed by their mothers in any industry at necessary intervals.

Health

Sections 11-20 of Chapter III of the Act deal with the Health of the Factories Act, 1948.

Cleanliness (Section 11)

Every factory needs to be kept clean and clear of any effluvia from drains, latrines, or other
annoyances. In particular:
  Dirt must be cleaned daily from floors, benches, staircases, and passages by sweeping
or by another method, and it must be properly disposed of.

 The floor should be disinfectant-washed at least once a week.

 During the manufacturing process, the floor becomes moist; this must be drained via
drainage.

Disposal of wastes and effluents (Section 12)

Every factory has to have a method in place for treating wastes and effluents produced by the
manufacturing process they use.

Ventilation and temperature (Section 13)

 In order to ensure worker comfort and prevent health problems,

sufficient ventilation must be created for the circulation of air in a factory, which
should be maintained at a specific temperature.

 Walls and roofing should be made of a material that is intended for a particular
temperature that shouldn‟t go over as much as possible.

 Certain precautions must be taken to protect the employees in facilities where the
manufacturing process requires extremely high or low temperatures.

Dust and fume (Section 14)

 Every factory has to have efficient measures to remove or prevent any dust, fumes, or
other impurities that might harm or offend the employees employed and cause
inhalation and buildup in any workroom.

 No factory may operate an internal combustion engine unless the exhaust is directed
outside, and no other internal combustion engine may be used. Additionally,
precautions must be made to avoid the buildup of fumes that might endanger the
health of any employees inside the room.
Overcrowding (Section 16)

 There should be no overcrowding in factories that might harm the health of the
workers.

 All employees must have ample space in a room to work in the building.

Lighting (Section 17)

 Every area of a factory where employees are employed must have adequate natural,
artificial, or both types of lighting installed and maintained.

 All glass windows and skylights that provide lighting for the workroom in factories
must be kept clean on the inside and outside.

 The production of shadows should not cause eye strain during any manufacturing
process, and all factories must have preventative measures that should not cause glare
from the source of light or via reflection from a smooth or polished surface.

Drinking (Section 18)

 All factories must have the appropriate installations in place, and maintain convenient
locations with an adequate supply of clean drinking water.

 The distance between any drinking water and any washing area, urinal, latrine,
spittoon, open drain carrying sullage or effluent, or another source of contamination in
the factory must be 6 metres unless the chief inspector approves a shorter distance in
writing. The labelling must be legible and in a language that workers could
understand.

 In all factories with more than 250 regular employees, there needs to be a suitable
method for providing cold drinking water during hot weather.

Latrines and urinals (Section 19)

  All factories should have enough restrooms, and urinal accommodations of the
required types must be offered in a location that is convenient and always accessible
to workers.

 Male and female employees must have separate enclosed rooms.

 These locations must be thoroughly cleaned, kept in a hygienic state, and have
sufficient lighting and ventilation.

 Sweepers must be used to maintain latrines, urinals, and washing facilities clean.

Spittoons (Section 20)

 All factories must have spittoons in easily accessible locations, and they must be kept
clean and hygienic.

 The state government specifies the number of spittoons that must be given, their
placement in any factory, as well as their maintenance in a clean and hygienic manner.

 Except for spittoons designed, for this reason, no one should spit within the premises
of a factory. A notice must be posted if any violations occur, with a fine of five
rupees.

Safety

Safety is covered in Chapter IV of the Act and is covered in Sections 21–41 of the Factories Act,
1948.

 Employment of young persons on dangerous machines (Section 23):

No young person is permitted to operate dangerous machines unless he has been adequately
taught the hazards associated with the machine and the measures to be taken, and has received
suitable training in working at the machine or adequate supervision by a person who has
complete knowledge and experience of the equipment.
  Prohibition of employment of women and children near cotton openers (Section
27):
Women and children are not permitted to work in any area of a cotton pressing facility while a
cotton opener is in operation. Women and children may be employed on the side of the partition
where the feed-end is located if the inspector so specifies.

 Hoists and lifts (Section 28):

o Every hoist and lift must be of strong mechanical structure, enough

strength, and sound material. They also need to be regularly maintained,
completely checked by a qualified person at least once every six months,
and a register kept for the mandatory exams.

o A cage that is properly designed and installed must enclose all hoist and lift
ways to prevent people from being trapped between any of the equipment.

o No larger load should be carried; the maximum safe operating load must be
marked on the hoist or lift.

o Every hoist or lift gate must have interlocking or another effective system
installed to prevent the gate from opening except during landing.
 Protection of eyes (Section 35):
The state government may require effective screens or appropriate goggles to be provided for the
protection of persons employed or in the vicinity of the process during any manufacturing
process carried out in any factory that involves risk to the eyes due to exposure to excessive light
or injury to the eyes from particles or fragments thrown off during the process.

 Precautions against dangerous fumes, gases etc (Section 36):

No person shall be required or permitted to enter any chamber, tank, vat, pit, pipe, flue, or other
confined space in any factory where any gas, fume, vapour, or dust is present to such a degree as
to involve risk to persons being overcome, unless such chamber, tank, vat, pit, pipe, flue, or other
confined space is provided with an adequate manhole or other effective means of egress.

 Explosive or inflammable dust, gas etc (Section 37):

 o Any factory involved in manufacturing processes that produce dust, gas,
fume, or vapour of a nature that could explode on ignition must take all
reasonably practicable precautions to prevent any explosion through

o The effective enclosure of the plant or machinery.

o The removal or prevention of the accumulation of such dust, gas, fume, or

vapour, etc., or

o Otherwise by the exclusion or effective enclosure of all potential ignition

sources.
 Precautions in case of fire (Section 38):
o In order to protect and maintain safety to allow people to escape in the case
of fire, all factories should have precautionary measures in place to avoid
the breakout and spread of fire, both internally and externally. The required
tools and facilities for extinguishing the fire must also be made accessible.

o All factory employees who are familiar with fire escape routes and have
received sufficient training on the procedure to be followed in such
circumstances must have access to appropriate measures.

Penalties of the Factories Act, 1948

In Chapter X of the Act, the penalties of the Factories Act of 1948 are covered. There are 9
Sections, from Section 92 to Section 99, that deal with penalties in certain situations. Anyone
who breaches the Act or the rules established by the Act or by law is subjected to the penalty.

General Penalty for offences

Section 92 of the Factories Act, 1948 defines the general penalties for offences:

 If there is any infringement of the Act‟s laws, the occupier and manager of the factory
will be held responsible and equally liable for breaching the law. They will both face
two years in imprisonment and a fine of up to Rs.2 lakhs.
  If they continue to commit the same offence, they will be fined Rs.10,000 every day
for continued violations.

Liability of an owner of factory premises

Section 93 of the Factories Act, 1948 defines the liability of an owner of premises under special
circumstances.

 When a factory is leased to several occupiers or lessees or leaseholders, the factory‟s

owner is still held liable for supplying and maintaining certain services such as
drainage, approach roads, water supply, power, lighting, sanitation, and so on.

 The chief inspector has the authority to issue an order to the owner of the premises in
order to enforce the requirements.

The penalty is enhanced even after a previous conviction

Section 94 of the Factories Act, 1948 defines a penalty that is enhanced even after a previous
conviction.

 First, a person who commits a general offence in a factory and does it again faces a
penalty of up to three years in jail or a fine of at least Rs. 10,000, or both.

 Second, the managers must count the offences committed during the previous two
years of the most recent offence to determine the application of this Section.

The penalty for obstructing an inspector

Section 95 of the Factories Act, 1948 defines a penalty for obstructing an inspector.

 Any person who stops an inspector from using any powers given to him or under the
Act, or if an individual fails to appear when requested by an inspector, may be made
 responsible and subject to a punishment of up to six months imprisonment, a fine of
up to ten thousand rupees, or both.

 This Section is also applicable when anyone stops a worker from coming before or
being inspected by an inspector in a factory.

Penalty for wrongfully disclosing results of analysis

Section 96 of the Factories Act, 1948 defines a penalty for wrongfully disclosing the results of
analysis under Section 91 of the Factories Act, 1948.

 Any individual who publishes or discloses to another person the results of an analysis
that is performed using samples is punishable by up to six months imprisonment. He
will be liable for at least an Rs. 10,000 fine.

Penalty for the contravention of certain provisions

Section 96A of the Factories Act, 1948 defines the penalty for the contravention of certain
provisions, such as Sections 41B, 41C, and 41H.

 Anyone who disobeys or violates any of the rules or the provisions of Sections 41B,
41C, or 41H will be sentenced to 7 years in prison and a fine of Rs. 2,00,000. If the
offender continues to commit the same offence, he will also be fined Rs. 5,000 every
day after the conviction of the same offence.

 If the failure or violation persists more than a year after the conviction, the offender
will face a 10-year jail sentence.

Worker‟s offences

Section 97 of the Factories Act, 1948 defines worker‟s offences.

  If any worker in the factory breaches the Act‟s rules or provisions, causing liabilities
for other workers, he or she will be fined at least Rs. 500.

 When a worker is found guilty of a punishable offence, the owner or manager of the
factory is not held responsible for the violation unless it can be proven that he failed to
take reasonable precautions to prevent it.

False certificate of fitness

Section 98 of the Factories Act, 1948 defines a false certificate of fitness.

 A fitness certificate details a person‟s level of fitness for a certain job or work. This
certificate is important in factories. A person who obtains a false certificate of fitness
faces a minimum fine of Rs. 10,000 or a 2-month sentence in jail. He may
occasionally face fines and jail terms as punishment.

Double Employment of Child

Section 99 of the Factories Act, 1948 defines the double employment of children.

 If a child works in a factory on a day when they have already worked in another
factory, their parents, guardians, or anyone else who benefits from the wages of the
child faces a fine of Rs. 1000 unless the court finds that the child worked without the
parents or guardian‟s consent.
Offence Penalties

Any worker in a factory who contravenes the Section 92 penalises him/her for 2 years of
provisions of the Act or Rules. imprisonment or a fine of Rs.1,00,000 or both.

Section 92 penalises him/her with a fine of

A continuation of contravention.
Rs.1000 per day.
On contravention of Chapter IV pertaining to safety Not less than Rs.25,000 in case of [Link] less
or dangerous operations. than Rs.5,000 in case of serious injuries.

Section 94 deals with imprisonment up to 3 years

Subsequent contravention of some provisions. or a fine of not less than Rs.10,000 which may
extend to Rs.2,00,000.

Section 95 deals with imprisonment up to 6 months

Obstructing inspectors
or a fine up to Rs.10,000 or both.

Wrongful disclosing results pertaining to the results Section 96 deals with imprisonment of 6 months or
of the analysis. a fine of up to Rs.10,000 or both.

For contravention of the provisions of Sections Section 96A deals with penalties of-Imprisonment
41B, 41C and 41H pertaining to compulsory up to 7 years with a fine up to Rs.2,00,000 and on
disclosure of information by occupier, specific continuation fine of Rs.4000 per day.
responsibility of occupier or right of workers to Imprisonment for 10 years when contravention
work imminent danger. continues for one year.

Duties of various authorities under the Factories Act

Duties of occupier

Notice given by occupier (Section 7)

 According to Section 7 of the Act, the occupier is required to send notice to the chief
inspector of everything that is stated in this Section.

 According to Section 7(1), the occupier must give the chief inspector a written notice
at least fifteen days before occupying or using any factory premises.

 The notice should include the following information:

 o the name and location of the factory;

o the occupier‟s name and address;

o the owner‟s name and address of the property or building (including its
establishments) mentioned in Section 93; and

o the address to which communications pertaining to the factory may be sent;

o the nature of the manufacturing process-

 carried out in the factory over the last 12 months in the case of
factories that exist on the date of the Act‟s commencement;

 carried out in the factory during the next 12 months in the case
of all factories;
o the name of the factory manager for the purposes of this Act;

o the number of workers who are presently employed there and have already
been employed in the factory from the date this Act was enacted;

o the average number of workers per day employed over the previous 12
months;
 When a new manager is appointed, the occupier must give written notice to the
inspector and a copy to the chief inspector within seven days of the day, such person
takes over in charge.

 During any period when no one has been appointed as manager in the factory or when
the appointed person is not managing the factory, or if no one is found, the occupier
must be the factory‟s manager.

General duties of the occupier (Section 7A)

 Every occupier is responsible for the welfare, health, and safety of every worker while
they are in the factory.

 He is responsible for ensuring that the factory‟s equipment is maintained in a way that
is safe and poses no health hazards.
  When utilising, handling, storing, and transporting items and chemicals, the factory‟s
arrangement needs to be examined to ensure safety and the absence of health dangers.

 In order to ensure the health and safety of all employees while they are at work, he
must examine the information, teaching, training, and monitoring requirements.

 He is responsible for inspecting or supervising the maintenance of a working

environment that is secure, free from health risks, and equipped with the necessary
facilities and arrangements to ensure the welfare of the employees while they are at
work.

 He is required to inspect the maintenance of all work areas in the factory in a manner
that is secure and free from any danger to health, as well as the maintenance of
methods of access and egress; such locations must be safe and free from such risks.

Duties of manufacturers

General duties of manufacturers (Section 7B)

 This Section states that anyone who deals with designing, manufacturing, importing,
or supplying any article to use in any factory must make sure, to the extent that it is
reasonably practicable, that the article is constructed so that it is safe and without risks
to the health of all workers when used properly;

 He must also carry out and arrange for tests and examinations to ensure effective
implementation;

 He must take action to guarantee that there is sufficient information regarding the
product‟s usage in factories, the uses for which it was intended and tested, and the
requirements that must be met to ensure that the article is used in a way that is safe
and does not endanger the health of the employees;

 It must be provided that when an article is developed or made outside India, the
importer must inspect the article to ensure that it conforms to the same standards as if
it were manufactured in India, or if the standards set in the country outside for the
 production of such article are higher than the standards adopted in India, the article
must conform to much higher requirements.

 Anyone who designs or produces a product for use in a factory is allowed to do, or
arrange for the conduct of, any required research in order to determine to the extent
that is reasonably possible, the removal or minimization of any hazards to the health
or safety of the employees.

 An article that is mentioned in this provision includes plant and machinery.

Case laws

Shankar Balaji Waje v. State of Maharashtra, (1961)

Facts of the case

In this case, the appellant was the proprietor of a business that produced bidis. In the factory, the
petitioner and the other workers used tobacco and leave provided by the factory to roll bidis.
There was no agreement or contract between the owner and the petitioner. He was not required
to work in the factory for specific hours or days. He could enter or leave the factory as he
wished. He is allowed to take a day off work at any time, and with the owner‟s consent, he is
also allowed to take a 10-day leave of absence. He wasn‟t asked to roll bidis in the factory, but
with the owner‟s permission, he may take them home to roll bidis that were given to him. There
was neither actual supervision of the work he did in the factory nor a master-servant relationship
between the petitioner and the appellant. There was no minimum production requirement, and he
received fixed rates based on the number of bidis, or piece prices for rolling bidis.

Issues involved

The issue involved was whether the petitioner complied with the definition of a worker under the
Factories Act of 1948 or not.

Judgement of the case

In accordance with Section 2(l) of the Factories Act of 1948, the petitioner is not a worker.

Shri Suresh Kumar Jalan & Ors v. State of Bihar, (2011)

Facts of the case

In this case, the petitioners were the directors of a factory called Carbon Resources Private
Limited, where a factory inspector investigated the premises and discovered numerous violations
of the Factory Act. The inspector filed a prosecution report against the petitioners, who were
factory directors. Under Section 92 of the Factories Act, the Chief Judicial Magistrate took
charge of the offence. The petitioners filed an appeal with the High Court of Patna to quash the
order of the Chief Judicial Magistrate.

Issues involved

The issue involved was whether the petitioner‟s appeal with the High Court of Patna to quash the
Chief Judicial Magistrate‟s judgement under Section 92 of the Factories Act had merit or not.

Judgement of the case

The petitioner‟s counsel was providing evidence to show that, according to Section 92 of the
Factories Act, only the manager or occupier can be held responsible for violations committed in
the factory. However, based on the judgement rendered by the Chief Judicial Magistrate,
directors of the factory cannot be penalised under Section 92 of the Factories Act. The Chief
Judicial Magistrate‟s order was quashed by the High Court of Patna because directors cannot be
penalised under Section 92 of the Act. It was noted from this case that directors cannot be held
responsible for the Act‟s violations; only the manager or occupier is responsible.

[Link] Prasad v. The State of AP by its Assistant Inspector of Factories, (2016)

Facts of the case

In this case, the deputy chief inspector of factories filed a private complaint against the petitioner
for violations of Section 32(a) and Section 41 of the Factories Act, which are punishable under
Section 92 of the Act. The petitioner failed to provide D-rings to the cane trally side plate to
support the employees as they would safely get down from the trolley once the crane loading was
complete. They also failed to provide ladders and helmets, which resulted in some unskilled
workers getting hit while working and causing them to die. Since no helmet, d-rings, or ladders
were provided, the occupier/managing director of the entity or the manager (i.e., the petitioner)
was made responsible. Then the petitioner filed a criminal petition against the factory inspector.

Issues involved

The issue involved was whether the criminal petition filed against the accused would be rejected
or allowed to proceed.

Judgement of the case

The Hyderabad High Court held that the occupier or managing director (petitioner), who neglects
to provide d-rings, ladders, and helmets to the employees for their safety and fails to teach them
during hazardous times, is at fault. Therefore, the criminal petition brought against the
respondent is dismissed and quashed. As a result, the petitioner is responsible for his ignorance
and failure to maintain the factory properly.

New Amendments of Factories Act

Amendment (1954)

When the Indian government accepted the ILO conventions prohibiting the employment of
women and children in factories at night. Sections 66, 70, and 71 of the Factories Act of 1948
were amended in order to indicate this ratification. The other provisions were amended at the
same time. Therefore, on December 25, 1954, the Factories (Amendment) Act, 1954 became
effective and made the following significant changes:
  Amendment to Section 4.

 The amendment to the definition of the manufacturing process includes type

composing for printing.

 Women and young people were prohibited from cleaning, lubricating, and operating
motion machinery.

 Encasement of machinery.

 The safety criteria for lifting equipment were explicitly stated in an amendment
to Section 29.

 The employees may work for 6 straight hours without being required to take a rest
during a 6-hour shift.

 Shift workers are free from overtime duties if a shift worker arrives late.

 Amending Chapter VIII on leave with pay to fix 240 days of attendance and increase
the limit on carried forward leaves, etc.

 Section 93 has been rewritten to explain the responsibilities of the owner and
occupier.

Amendment (1976)

After the amendments of 1948 and 1954, there was a continuation of industrial growth and a
need for safety officers to advise management on concerns about industrial safety and health.
The Factories (Amendment) Act 1976 was passed and came into effect on October 26, 1976, as a
result of numerous judgments concerning the definition of a worker; a tendency to not include
contract labour from that definition but there must be proof of master and servant relationship;
and a need for amendments to many other provisions, including the penal Section.

 The definition was amended to the terms manufacturing process, employee, factory,
and occupier. The term “worker” also covered contract labour.

 There must be an approved plan and permission for the site.

 There are amendments to the following provisions:

o Section 8 deals with inspectors.

o Section 10 deals with certifying surgeons.

o Section 11 deals with cleanliness.

o Section 12 deals with the disposal of waste and effluents.

o Section 21 deals with the fencing of machinery.

o Section 22 deals with work on or near machinery in motion.

o Section 24 deals with striking gear and devices for cutting off power.

o Section 31 deals with pressure plants.

o Section 32 deals with floors, stairs, and means of access.

o Section 36 deals with precautions against dangerous fumes.

o Section 38 deals with precautions in case of fire.

o Section 39 deals with specifications of defective parts.

o Section 40 deals with the safety of buildings and machinery.

o Section 45 deals with first aid devices.

o Section 48 deals with creches.

o Section 56 deals with spread over.

o Section 59 deals with overtime wages.

o Section 73 deals with the register of child workers.

o Section 79 deals with taking leave with wages.

o Section 87 deals with dangerous operations.

o Section 88 deals with notices of accidents.

o Section 92 deals with penalties for offences.

 o Section 101 deals with the determination of the occupier in certain cases.

o Section 106 deals with the limitation of prosecutions and various other
amendments etc.
 Section 36A for the use of portable power lights, Section 40B for safety
officials, Section 88A involves the notice of dangerous occurrences, and Section
91A regarding safety and health surveys were included as new provisions in this
Amendment of 1976.

 A new Section 40A was added, giving the authority to order the implementation of
measures recommended by the Inspector for building maintenance, while Section 40B
required the requirement of safety officers for firms employing 1000 or more workers.

Amendment (1987)

The Bhopal accident increased safety awareness on a worldwide level and compelled
governments to impose stricter regulations on worker and public health and safety. As a result,
both the central government and the state governments amended their laws and regulations as
needed. On May 23, 1987, two new laws were passed: the Environment (Protection) Act of
1986 and the Factories (Amendment) Act of 1987. These laws included a new chapter IV A on
hazardous procedures, numerous restrictions, and harsh fines and imprisonments for violations.

Registers required to be maintained under the Factories Act, 1948

Form 6 Register of hygrometre (Humidity register)

Form 7 Register of white-washing

Form 7A Register of tight clothes provided

Form 9 Register of compensatory holidays

Form 10 Register of overtime for exempted workers

Form 12 Register of adult workers

Form 14 Register of child labour

Form 15 Register of leave with wages

Form 24 & 25 Muster Roll-9

Form 26 Register of accident & dangerous occurrence

Acts to be done or maintained

Form 3 Change of name of manager/ occupier as and when required

Form 2 Renewal of annual fees to reach to the prescribed office

Form 8 Report of examination of vessels

Form 11 Notice of periods of work for adult workers

Form 13 Notice of periods of work for child labour

Notice of accidents and dangerous occurrences to be submitted within 24 hours by registered

Form 18
post.

Form
Notice of accident and dangerous occurrence not resulting in bodily injury.
18A

Form 19 Notice of accident and dangerous occurrence (poisoning or disease)

Form 21 Annual return ending 31st December

Form 22 Half-yearly return by 30th June.

Form 31 Accident annual return by 1st week of February-Rule 107(4)

Form 34 Monthly return only for hazardous happenings

Form 37 Report of the hoist of lifts

Conclusion

In India, the Factories Act of 1948 is applied with appropriate amendments. Certain changes
have been made in order to comply. All manufacturing employees are protected by the Act, but
young and female workers are particularly well-protected. The Act provides certain facilities in
the factory, and anyone who breaches the Act or the Rules will be subject to specific penalties.
The inspector, who is chosen by the state and central governments, will conduct the inspection of
the factory. The Factories Act, which benefits the factory, its employees, occupiers, and owners,
has been in effect for around 37 years. As a result of the Act, their working and employment
conditions have gradually improved. The Act outlines the time that employees work, their
working hours, paid time off, paid overtime, their age restriction, etc. Additionally, it details how
the environment, human health, and safety are protected at the factory. When it comes to
occupier and manager responsibilities under the Factories Act of 1948, the government is
actively working to update the Act and provide effective measures. In order to ensure the
workers‟ welfare, health, and safety, the employer and manager play an important role. They act
as the industry‟s controller. The Act‟s provisions must be understood by the employees and their
other representatives in order to protect their rights independently and make a defaulting
employer aware of his legal responsibilities.