THE FACTORIES ACT, 1948

A comprehensive legislation regulating labor conditions in factories, ensuring worker safety, health, and welfare across India

Act Overview

📅 Enactment Date

September 23, 1948 (Effective from April 1, 1949)

🏭 Applicability

Factories with 10+ workers (with power) or 20+ workers (without power)

🎯 Primary Objective

Regulate labor conditions and ensure worker safety, health, and welfare

⚖️ Enforcement

State governments through factory inspectors

💰 Penalties

Up to ₹2 lakh fine and/or 2 years imprisonment

🔄 Amendments

Multiple amendments in 1987, 2016, and ongoing modernization

Key Objectives

🛡️

Worker Protection

Protect workers from hazardous working conditions

Work Regulations

Regulate working hours, leave, and overtime

🏥

Health & Safety

Ensure health, safety, and welfare measures

⚖️

Prevent Exploitation

Prevent exploitation and promote decent work environments

Key Provisions

🏥Health

  • Cleanliness and adequate ventilation
  • Proper lighting and temperature control
  • Waste disposal and dust prevention
  • Drinking water and sanitation facilities

🛡️Safety

  • Mandatory fencing of machinery
  • Protection from dangerous parts
  • Fire and explosion precautions
  • Regular inspection and maintenance

❤️Welfare

  • Restrooms and canteens (250+ workers)
  • Creches (30+ women workers)
  • First-aid facilities
  • Welfare officers (500+ workers)

Working Hours

  • Max 48 hours/week, 9 hours/day
  • Weekly rest day mandatory
  • 30 min break after 5 hours
  • Double wages for overtime

👥Women & Children

  • No children below 14 years
  • Adolescents need fitness certificate
  • Women: No work 7 PM - 6 AM
  • Restricted from hazardous work

📋Registration

  • Register with Chief Inspector
  • Maintain records and returns
  • Display notices
  • Regular inspections

Chapters and Sections

CHAPTER I: PRELIMINARY

  • 1Short title, extent and commencement
  • 2Interpretation
  • 3References to time of day
  • 4Power to declare different departments
  • 5Power to exempt during public emergency
  • 6Approval, licensing and registration
  • 7Notice by occupier

CHAPTER II: THE INSPECTING STAFF

  • 7AGeneral duties of the occupier
  • 8General duties of manufacturers
  • 9Inspectors
  • 10Powers of Inspectors
  • 10ACertifying surgeons

CHAPTER III: HEALTH

  • 11Cleanliness
  • 12Disposal of wastes and effluents
  • 13Ventilation and temperature
  • 14Dust and fume
  • 15Artificial humidification
  • 16Overcrowding
  • 17Lighting
  • 18Drinking water
  • 19Latrines and urinals
  • 20Spittoons

CHAPTER IV: SAFETY

  • 21Fencing of machinery
  • 22Work on or near machinery in motion
  • 23Employment of young persons on dangerous machines
  • 24Striking gear and devices
  • 25Self-acting machines
  • 26Casing of new machinery
  • 27Hoists and lifts
  • 28Lifting machines, chains, ropes
  • 29Revolving machinery
  • 30Pressure plant
  • 31Floors, stairs and means of access
  • 32Pits, sumps, openings in floors
  • 33Excessive weights
  • 34Protection of eyes
  • 35Precautions against dangerous fumes
  • 36Explosive or inflammable dust, gas
  • 37Precautions in case of fire
  • 38Safety of buildings and machinery
  • 39Safety officers
  • 40Power to make rules

CHAPTER IVA: HAZARDOUS PROCESSES

  • 41Constitution of Site Appraisal Committee
  • 42Compulsory disclosure of information
  • 43Specific responsibility of the occupier
  • 44Power of Central Government to appoint Inquiry Committee
  • 45Emergency standards
  • 46Permissible limits of exposure
  • 47Workers' participation in safety management
  • 48Right of workers to warn about imminent danger

CHAPTER V: WELFARE

  • 49Washing facilities
  • 50Facilities for storing and drying clothing
  • 51Facilities for sitting
  • 52First-aid appliances
  • 53Canteens
  • 54Shelters, rest rooms and lunch rooms
  • 55Creches
  • 56Welfare officers

CHAPTER VI: WORKING HOURS OF ADULTS

  • 57Weekly hours
  • 58Weekly holidays
  • 59Compensatory holidays
  • 60Daily hours
  • 61Intervals for rest
  • 62Spread over
  • 63Night shifts
  • 64Prohibition of overlapping shifts
  • 65Extra wages for overtime
  • 66Restriction on double employment
  • 67Notice of periods of work for adults
  • 68Register of adult workers
  • 69Further restrictions on employment of women

CHAPTER VII: EMPLOYMENT OF YOUNG PERSONS

  • 70Prohibition of employment of young children
  • 71Non-adult workers to carry tokens
  • 72Certificates of fitness
  • 73Effect of certificate of fitness
  • 74Working hours for children
  • 75Notice of periods of work for children
  • 76Register of child workers
  • 77Power to require medical examination

CHAPTER VIII: ANNUAL LEAVE WITH WAGES

  • 78Application of Chapter
  • 79Annual leave with wages
  • 80Wages during leave period
  • 81Payment in advance in certain cases
  • 82Mode of recovery of unpaid wages
  • 83Power to make rules
  • 84Power to exempt factories

CHAPTER IX: SPECIAL PROVISIONS

  • 85Power to apply the Act to certain premises
  • 86Power to exempt public institutions
  • 87Dangerous operations
  • 88Power to prohibit employment
  • 89Notice of certain accidents
  • 90Notice of certain dangerous occurrences
  • 91Notice of certain diseases
  • 92Power to direct enquiry
  • 93Power to take samples
  • 94Penalty for offences
  • 95Enhanced penalty after previous conviction
  • 96Penalty for obstructing Inspector
  • 97Offences by workers

CHAPTER X: PENALTIES AND PROCEDURE

  • 98Penalty for offences
  • 99Liability of owner of premises
  • 100Enhanced penalty after previous conviction
  • 101Penalty for obstructing Inspector
  • 102Penalty for wrongfully disclosing results
  • 103Penalty for contravention
  • 104Penalty for using false certificate
  • 105Penalty for permitting double employment
  • 106Exemption of occupier or manager
  • 107Power of Court to make orders
  • 108Presumption as to employment
  • 109Onus as to age
  • 110Cognizance of offences
  • 111Limitation of prosecutions
  • 112Jurisdiction of a court

CHAPTER XI: SUPPLEMENTAL

  • 113Appeals
  • 114Display of notices
  • 115Service of notices
  • 116Returns
  • 117Obligations of workers
  • 118Right of workers
  • 119General power to make rules
  • 120Powers of Centre to give directions

Significance & Impact

⚖️

Balanced Approach

Balances industrial productivity with worker rights

🛡️

Safety Standards

Sets minimum standards for safe working conditions

🌍

National Coverage

Applies across India with state-level enforcement

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