FACTORIES ACT, 1948
(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.
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1. Subs. by the A.O. 1950, for sub-section (2).
2. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971).
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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 fifteenth year of age but has not completed his eighteenth year;
1[(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;
2[(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
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.
1 [4. Power to declare different departments to be separate factories or two or more factories to be a single factory
The State Government may, 2 [on its own or] on an application made in this behalf by an occupier, direct, by an order in writing 2 [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 a 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:]
3 [Provided that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier.]
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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 Act 1[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.
2[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.]
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1. Ins. by the A.O. 1950.
(1) The State Government may make rules--
1 [(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;]
2 [(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 an
(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;
1[(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 communications 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
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(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 provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;
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(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.
1[(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.
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, 1[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;
2[(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 factor
(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 factory 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, authorise 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 authorised.
(3) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or having been so appointed or authorised, continue to ex
(1) Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular—
(a) accumulation 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
1[(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 sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed.
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1. Subs. by Act 94 of 1976, sec. 9, for sub-section (1) (w.e.f. 26-10-1976).
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(1) Effective and suitable provision shall be made in ever factory for securing and maintaining in every workroom—and in particular,—
(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;
(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;
(ii) where the nature of the work carried on in the factory involves, or is likely to involve the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from
(1) In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible.
(2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are li
(1) In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules,—
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the humidity of the air;
(c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded;
(d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms.
(2) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified befor
(1) No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.
(2) Without prejudice to the generality of sub-section (1) there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least 1[9.9 cubic metres] and of a factory built after the commencement of this Act at least 2[14.2 cubic metres] of space for every worker employed therein, and for the purposes of this sub-section no account shall be taken of any space which is more than 3[4.2 metres] above the level of the floor of the room.
(3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room.
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(1) In every part of a factory where workers are working or passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.
(2) In every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section (3) of section 13 will allow, free from obstruction.
(3) In every factory effective provision shall, so far as is practicable, be made for the prevention of—
(a) glare, either directly from a source of light or by reflection from a smooth or polished surface;
(b) the formation of shadows to such an extent as to cause eye-strain or the risk of accid
(1) In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water.
(2) All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within 1[six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector.
(3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof.
(1) In every factory—
(a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory;
(b) separate enclosed accommodation shall be provided for male and female workers;
(c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage;
(d) all such accommodation shall be maintained in a clean and sanitary condition at all times;
(e) sweepers shall be employed whose primary duty it would be to keep clean
(1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.
(2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition.
(3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises.
(4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees.
(1) In every factory the following, namely:—
(i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not;
(ii) the headrace and tailrace of every water-wheel and water turbine;
(iii) any part of a stock-bar which projects beyond the head stock of a lathe; and
(iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely:—
(a) every part of an electric generator, a motor or rotary converter;
(b) every part of transmission machinery; and <
(1) 1[Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out—
(a) in case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of this appointment, and while he is so engag
(1) No young person 1[shall be required or allowed to work] at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and—
(a) has received sufficient training in work at the machine, or
(b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.
(2) Sub-section (1) shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with.
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(1) In every factory—
(a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on to the fast pulley;
(b) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion.
(2) In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom:
Provided that in respect of factories in operation before the commencement of this Act, the provisions of this sub-section shall apply
No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of hi s employment or otherwise, be allowed to run on its outward or inward traverse within a distance of1[forty-five centimetres] from any fixed structure which is not part of the machine:
Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose.
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1. Substituted by Act 20 of 1987, section 11, for "eighteen inches" ( w.e.f. 1-12-1987) .
(1) In all machinery driven by power and installed in any factory after the commencement of this Act,—
(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger;
(b) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased.
(2) Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the provisions of 1[sub-section (1) or any rules made under sub-section (3)], shall be punishable with impri
No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work:
Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.
(1) In every factory—
(a) every hoist and lift shall be—
(i) of good mechanical construction, sound material and adequate strength;
(ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of every such examination;
(b) every hoistway and liftway shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part;
(c) the maximum safe working load shall be plainly m
(1) In any factory the following provisions shall be complied with in respect of 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:—
(a) all parts, including the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be—
(i) of good construction, sound material and adequate strength and free from defects;
(ii) properly maintained; and
(iii) thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing; and a register shall be kept containing the prescribed particulars of every such exa
(1) 1[In every factory] in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed.
(2) The speeds indicated in notices under sub-section (1) shall not be exceeded.
(3) Effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar appliance driven by power is not exceeded.
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1[(1) If in any factory, any plant or machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded.]
(2) The State Government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub-section (1) and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories.
2[(3) The State Government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in sub-section (1) from the provisions of this section.]
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In every factory—
(a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained 1[and shall be kept free from obstructions and substances likely to cause persons to slip], and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails;
(b) there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work.
2[(c) when any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working.]
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(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section.
(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury.
(2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process.
In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves—
(a) risk of injury to the eyes from particles or fragments thrown off in the course of the process, or
(b) risk to the eyes by reason of exposure to excessive light,
the State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediately vicinity of, the process.
(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress.
(2) No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless—
(a) a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from d
In any factory—
(a) no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other confined space 2[unless adequate safety devices are provided]; and
(b) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that of flame-proof construction shall be permitted to be used therein.]
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1. Ins. by Act 94 of 1976, sec. 16 (w.e.f. 26-10-1976).
2. Ins. by Act 20 of 1987, sec. 18 (w.e.f. 1-12-1987).
(1) Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measure shall be taken to prevent any such explosion by—
(a) effective enclosure of the plant or machinery used in the process;
(b) removal or prevention of the accumulation of such dust, gas, fume or vapour;
(c) exclusion or effective enclosure of all possible sources of ignition.
(2) Where in any factory the plant or machinery used in a process such as is referred to in sub-section (1) is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effe
(1) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain—
(a) safe means of escape for all persons in the event of a fire, and
(b) the necessary equipment and facilities for extinguishing fire.
(2) Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases.
(3) The State Government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub-sections (1) and (2).
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If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on 1[the occupier or manager or both] of the factory an order in writing requiring him before a specified date—
(a) to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or
(b) to carry out such tests in such manner as may be specified in the order, and to inform the Inspector of the results thereof.
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1. Subs. by Act 94 of 1976, sec. 18
If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order.]
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1. Ins. by Act 94 of 1976, sec. 19 (w.e.f. 26-10-1976).
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(1) In every factory,—
(i) wherein one thousand or more workers are ordinarily employed, or
(ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory,
the occupier shall, if so, required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification.
(2) The duties, qualifications and conditions of service of Safety Officer shall be such as may be prescribed by the State Government.]
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(1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on 1[the occupier or manager or both] of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on 1[the occupier or manager or both] of the factory an order in writing prohibiting its use until it has been properly repaired or altered.
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(1) The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity.
(2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any cha
(1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee consisting of—
(a) the Chief Inspector of the State who shall be its Chairman;
(b) a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(c) a representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981);
(d) a represen
The State Government may make rules requiring the provision in any factory or in any class or description of factories of such further 1[devices and measures] for securing the safety of persons employed therein as it may deem necessary.
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1. Subs. by Act 94 of 1976, sec. 20, for “devices” (w.e.f. 26-10-1976).
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(1) Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is incharge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector.
(2) It shall be the duty of such occupier, agent, manager or the person incharge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector.
(3) If the occupier, agent, manager or the person incharge referred to in sub-section (2) is no
(1) The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule.
(2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field by notification in the Official Gazette, make suitable changes in the said Schedule.
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* Sections 41F ins. by Act 20 of 1987, sec. 20 (w.e.f. 1-6-1988).
Every occupier of a factory involving any hazardous process shall—
(a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed;
(b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed:
Provided that where any question arises as to the qualifications and experience of a person so appointed,
(1) The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere.
(2) The Committee appointed under sub-section (1) shall consist of a Chairman and two other members and the terms of reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government according to th
(1) Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the Director-General of Factory Advice Service and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes.
(2) The emergency standards laid down under sub-section (1) shall, until they are incorporated in the rules made under this Act, be enforceable and have the same effect as if they had been incorporated in the rules made under this Act.]
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* Sections 41E ins. by Act 20 of 19
(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote co-operation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf:
Provided that the State Government may, by order in writing and for reasons to be recorded exempt the occupier of any factory or class of factories from setting up such Committee.
(2) The composition of the Safety Committee, the tenure of office of its members and their right and duties shall be such as may be prescribed.
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* Secti
(1) In every factory—
(a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein;
(b) separate and adequately screened facilities shall be provided for the use of male and female workers;
(c) such facilities shall be conveniently accessible and shall be kept clean.
(2) The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.
The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing.
(1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.
(2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working.
(3) The State Government may, by notification in the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factor
(1) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed 1[at any one time] in the factory.
2[(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.
(3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person 3[who holds a certificate in first-aid treatment recognised by the State Government] and who shall always be readily available during the working hours of the factory.]
4[(4)] In every factory wherein more than five hundred workers are 5[o
(1) The State Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the date by which such canteen shall be provided;
(b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen;
(c) the foodstuffs to be served therein and the charges which may be made therefor;
(d) the constitution of a managing committee for the canteen and representation of the workers in the management of t
(1) In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers:
Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section:
Provided further that where a lunch room exists no worker shall eat any food in the work room.
(2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.
(3) The State Governme
(1) In every factory wherein more than 1[thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.
(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.
(3) The State Government may make rules—
(a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section;
(b) requiring the provision in factories to which this section applies of additional facilities fo
(1) In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed.
(2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1).
The State Government may make rules—
(a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter;
(b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers.
No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless—
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,—
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory:
Provided that no substitution shall be made which will result in any worker working for more tha
(1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.
Subject to the provisions of section 51, not adult worker shall be required or allowed to work in a factory for more than nine hours in any day:
1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.]
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1. Added by Act 25 of 1954, sec. 10 (w.e.f. 7-5-1954).
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1[(1)] 2[The periods of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
3[(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.]
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1. Section 55 re-numbered as sub-section (1) of that section by Act 25 of 1954, sec. 11 (w.e.f. 7-5-1954).
2. Subs. by Act 40 of 1949, sec. 3 and
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spreadover more than ten and a half hours in any day:
Provided that the Chief Inspector may, for reasons to be specified in writing increase the 1[spreadover up to twelve hours].
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1. Subs. by Act 94 of 1976, sec. 24, for “spread over to twelve hours” (w.e.f. 26-10-1976).
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Where a worker in a factory works on a shift which extends beyond midnight,—
(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
(1) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.
1[(2) The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).]
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1. Subs. by Act 25 of 1954, sec. 12, for sub-section (2) (w.e.f. 7-5-1954).
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(1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
1[(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piecerate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately prece
No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
(1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54, 1[55, 56 and 58].
(3) Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally.
(4) Where all the adult workers in a factory ar
(1) The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing—
(a) the name of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shifts, the relay to which he is allotted;
(e) such other particulars as may be prescribed:
Provided that, if the Inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars requi
No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory.
(1) The State Government may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory 1[or empowering the Chief Inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector, such person holds such position or is so employed], and the provisions of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined 1[or declared]:
1[Provided that any person so defined or declared shall, where the ordinary rate of wages of such person 2[does not exceed the wage limit specified in sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4
(1) Where the State Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exe
(1)The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:—
(a) no exemption from the provisions of section 54 may be granted in respect of any woman;
(b) no woman shall be 1[required or allowed to work in any factory] except between the hours of 6 A.M. and 7 P.M. :
Provided that the State Government may, by notification in the Official Gazette, in respect of 2[any factory or group or class or description of factories,] vary the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.;
3[(c) there shall be no change of shifts except after a weekly holiday or any other
No child who has not completed his fourteenth year shall be required or allowed to work in any factory.
A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless—
(a) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and
(b) such child or adolescent carries while he is at work a token giving a reference to such certificate.
(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew—
(a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work;
(b) a certificate of fitness to work in a facto
(1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapters VI and VIII.
1[***]
2[(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M.:
Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories,—
(i) vary the li
(1) No child shall be employed or permitted to work, in any factory—
(a) for more than four and a half hours in any day;
1[(b) during the night.
Explanation.—For the purpose of this sub-section “night” shall mean a period of at least twelve consecutive hours which shall include the interval between 10 P.M. and 6 A.M.]
(2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.
(3) The provisions o
(1) There shall be displayed and correctly maintained in every factory in which children are employed, in accordance with the provisions of sub-section (2) of section 108 a notice of periods of work for children, showing clearly for every day the periods during which children may be required or allowed to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adult workers in section 61, and shall be such that children working for those periods would not be working in contravention of any of the provisions of section 71.
(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice required by sub-section (1) of this section.
(1) The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing:—
(a) the name of each child worker in the factory,
(b) the nature of his work,
(c) the group, if any, in which he is included,
(d) where his group works on shifts, the relay to which he is allotted, and
(e) the number of his certificate of fitness granted under section 69.
1[(1A) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of
No child shall be employed in any factory otherwise than in accordance with the notice of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of child workers of the factory.
Where an Inspector is of opinion—
(a) that any person working in a factory without a certificate of fitness is a young person, or
(b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein,
he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person.
The State Government may make rules—
(a) prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates;
(b) prescribing the physical standards to be attained by children and adolescents working in factories;
(c) regulating the procedure of certifying surgeons under this Chapter;
(d) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons in factories, and fixing the fees which may be charged for such duties and the persons by whom they shall be payable.
The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938 (26 of 1938).
(1) The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, 1[agreement (including settlement)] or contract of service:
2[Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply.]
(2) The provisions of this Chapter shall not apply to workers 3[in any factory] of any railway admin
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of—
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1.—For the purpose of this sub-section—
(a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
&n
(1) For the leave allowed to him under 1[section 78 or section 79, as the case may be,] a worker 2[shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which 3[he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles:
4[Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allow
A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed.
Any sum required to be paid by an employer, under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936).
The State Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors.
Where the State Government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision it may, by written order; exempt the factory from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order.]
1 [Explanation.--For the purposes of this section, in deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the totality of the benefits shall be taken into account.]
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1. Inserted by Act 94 of 1976, section 34 (w.e.f. 26-10-1976).
(1) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that-
(i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
(ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:
Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.
(2) After a place is so declared, it shall be deemed to be a fa
The State Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, 1[training, research] or reformation, from all or any of the provisions of this Act:
Provided that no exemption shall be granted from the provisions relating to hours of work and holidays, unless the persons having the control of the institution submit, for the approval of the State Government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates of the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this Act.
&
(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),
Where the State Government is of opinion that any 1[manufacturing process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the 1[manufacturing process or operation] is carried on—
(a) specifying the 1[manufacturing process or operation] and declaring it to be dangerous;
(b) prohibiting or restricting the employment of women, adolescents or children in the 1[manufacturing process or operation];
(c) providing for the periodical medical examination of persons employed, or seeking to be employed, in the 1[manufacturing process or operation], and prohibiting the employment or persons not certified as fit for such employment
Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.]
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1. Ins. by Act 94 of 1976, sec. 38 (w.e.f. 26-10-1976).
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1[(1)] Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
2[(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period.
(3) The State Government may make rules for regulating the procedure at inquiries un
(1) Where any worker in a factory contracts any disease specified in 1[the Third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.
(2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in 1[the Third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating—
(a) the name and full postal address of the patient,
(b) the disease from which he believes the patient to be suffering, and
(c) the name and address of the factory in which the patient is, o
(1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in 1[the Third Schedule] has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.
(2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish
(1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the Director General of Health Services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such every, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the
(1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substances used or intended to be used in the factory, such use being—
(a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or
(b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of, workers in the factory.
(2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into thre
Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to 1[two years] or with fine which may extend to 2[one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to 3[one thousand rupees] for each day on which the contravention is so continued:
4[Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 5[
Section 92 of the Factories Act, 1948, prescribes penalties for contraventions of the provisions of the Act and rules made thereunder. It aims to ensure compliance by establishing a framework for penal action against offenders, primarily targeting occupiers and managers of factories to uphold safety, health, and welfare standards in industrial establishments.
Section 92 stipulates that any person who contravenes any provisions of the Act, rules, or orders made thereunder shall be guilty of an offence and punishable with imprisonment for up to two years, a fine, or both. The section also provides for the liability of the occupier and the manager of the factory, each of whom can be prosecuted separately.
"Contravention" - Any breach of provisions under the Act or rules constitutes an offence punishable under Section 92. The breach can be of statutory duties like safety, record-keeping, or licensing. [, Factories Act, 1948 – Section 92]
"Parties liable" - Both the occupier and the manager are individually liable for offences under Section 92, and each can be prosecuted separately or jointly. The section emphasizes their separate liabilities. [, Section 92 - India Code]
"Penalty provisions" - The maximum punishment prescribed is imprisonment for two years, or a fine, or both. Courts have discretion to impose appropriate penalties based on the nature of contravention. [, Penalties of the Factories Act, 1948]
"Continuing offence" - The violation, such as failure to provide safety measures or maintain registers, is considered a continuing offence, which persists as long as the breach continues. This allows for repeated penalties if the breach persists beyond the prescribed period. [, Section 92 - Supreme Court judgments and judicial interpretations]
"Scope of penalties" - The law recognizes both criminal sanctions (imprisonment) and monetary penalties, with the possibility of cumulative punishment for ongoing violations. [, Factories Act, 1948 – Penalties and Procedure]
"Strict liability" - The section imposes strict liability on the parties responsible for compliance, meaning that proof of breach suffices for conviction without necessarily proving mens rea, especially in cases of safety violations. [, Case law on strict liability under Section 92]
"Legal procedure" - Proceedings under Section 92 are initiated by the competent authority, often through a complaint or prosecution, and require adherence to procedural safeguards such as proper investigation and evidence collection. [, Criminal Procedure Code provisions]
"Judicial discretion" - Courts have the authority to impose penalties within the statutory limits, considering factors such as the gravity of the offence, duration of breach, and previous violations. [, Case laws on sentencing under Section 92]
"Scope of prosecution" - The section applies to both substantive violations (e.g., unsafe working conditions) and procedural lapses (e.g., failure to report accidents), covering a broad spectrum of offences to promote compliance. [, Judicial interpretations and case law]
"Legal precedents" - Courts have consistently held that violations of safety and welfare provisions under the Factories Act attract penal sanctions under Section 92, emphasizing the importance of compliance for worker safety. [, Case law summaries]
"Role of enforcement agencies" - Inspectors and other authorities play a vital role in detecting violations, initiating proceedings, and ensuring enforcement of the provisions, including invoking Section 92 where necessary. [, Factories Rules and enforcement guidelines]
"Limitations and procedural safeguards" - The law prescribes time limits for initiating prosecution, and procedural safeguards are to be followed to prevent abuse and ensure fairness, such as proper investigation and recording of evidence. [["H. M. P. Singh, Ex-Executive Director (Works), Bokaro Steel Plant, Bokaro Steel City VS State of Jharkhand"], Section 106 of the Factories Act, 1948]
"Judicial review" - Orders and proceedings under Section 92 are subject to judicial review to prevent misuse, and courts can quash proceedings if procedural violations or legal infirmities are found. [["P. P. Upadhya VS State Of Karnataka"], Supreme Court judgments]
"Impact of violations" - Penalties serve as a deterrent against violations affecting worker safety, health, and welfare, aligning with the social purpose of the Act. [, Policy and legislative intent]
"Special cases" - In cases of grave violations, courts may impose enhanced penalties or stricter sentences, especially if violations result in injury or death. [["Kanhaiyalal Bansal VS State of Jharkhand"], case law on penalties for serious offences]
"Legal interpretation" - Courts have clarified that the phrase "save as is otherwise expressly provided" in Section 92 indicates that specific provisions or rules may prescribe different penalties, but in absence, the general penalty applies. [["Sah Sanjeev Kumar VS Inspector, Factories & Boilers, Zone-I, Jaipur"], Judicial interpretation]
"Summary" - Overall, Section 92 acts as a crucial legal tool to ensure compliance, enforce safety standards, and penalize violations to uphold the welfare of factory workers in line with legislative intent.
In conclusion, Section 92 of the Factories Act, 1948, provides a comprehensive penal framework to address violations of safety, health, and welfare provisions in factories. It emphasizes strict liability, continuous offences, and the liability of both occupiers and managers, with penalties designed to deter non-compliance and promote industrial safety. Proper procedural adherence and judicial oversight are essential to ensure that enforcement remains fair and effective.
(1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.
(2) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).
(3) Where is any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of—
(
1[(1)] If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to 2[three years] or with fine 3[which shall not be less than 4[ten thousand rupees] but which may extend to 5[two lakh rupees]] or with both:
6[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than 4[ten thousand rupees]:
Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily in jury, the fine shall not be less than 7[thirty-five thousand rupees] in the case of an accident caus
Whoever wilfully 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 1[six months] or with fine which may extend to 2[ten thousand rupees] or with both.
-------------------------------
1. Subs. by Act 20 of 1987, sec. 32, for “three months” (w.e.f. 1-12-1987).
2. Subs. by Act 20 of 1987, sec. 32, for “five hundred rupees” (w.e.f. 1-12-1987).
Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to 1[six months] or with fine which may extend to 2[ten thousand rupees] or with both.
-------------------------------
1. Subs. by Act 20 of 1987, sec. 33, for “three months” (w.e.f. 1-12-1987).
2. Subs. by Act 20 of 1987, sec. 33, for “five hundred rupees” (w.e.f. 1-12-1987).
-------------------------------
(1) Whoever fails to comply with or contravenes any of the provisions of section 41B, 41C or 41H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.]
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(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to 1[five hundred rupees].
(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
-------------------------------
1. Subs. by Act 20 of 1987, sec 35, for “twenty rupees” (w.e.f. 1-12-1987).
-------------------------------
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to 1[two months] or with fine which may extend to 2[one thousand rupees] or with both.
-------------------------------
1. Subs. by Act 20 of 1987, sec. 36, for “one month” (w.e.f. 1-12-1987).
2. Subs. by Act 20 of 1987 sec. 36, for “fifty rupees” (w.e.f. 1-12-1987).
-------------------------------
If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to 1[one thousand rupees], unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person.
---------------------------
1. Subs. by Act 20 of 1987 sec. 37, for “fifty rupees” (w.e.f. 1-12-1987).
---------------------------
[Rep. by the Factories (Amendment) Act, 1987 (20 of 1987). Sec. 38 (w.e.f. 1-12-1987)].
Where the occupier or manager of a factory is charged with an offence punishable under this Act, he shall be untitled, 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 i
(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1) the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order or the Court has not been fully complied with, the occupier or manager, as the case may be, shall be dee
If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.
(1) When any act or omission would, if a person wear under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is no under such age.
(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.
(1) No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector.
(2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act. state amendment
Himachal Pradesh.—In Section 105, in sub-section (2), omit the words “of a Presidency Magistrate or”. [Vide Himachal Pradesh A.L.O. 1948 (w.e.f. 25-12-1948)].
Section 105 of the Factories Act, 1948, delineates the procedure and authority required for the cognizance of offences under the Act. It establishes safeguards to ensure that prosecutions are initiated only on proper complaints, thus preventing frivolous or vexatious proceedings against factory owners and occupiers.
This concise commentary and analysis highlight the procedural safeguards embedded in Section 105 of the Factories Act, 1948, ensuring that prosecutions are initiated and tried within a strict legal framework to uphold justice and prevent abuse.
For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed.]
------------------------------------
1. Ins. by Act 20 of 1987, sec. 40 (w.e.f. 1-12-1987).
------------------------------------
No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector:
Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.
1[Explanation.—For the purposes of this section,—
(a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;
(b) where for the performance of any act time is granted or extended on an application made by the occupier or mana
(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.
(2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed:
Provided that if no assessor is appointed by suc
(1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon.
(2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition.
(3) The Chief Inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or
The Factories Act, 1948 is a significant piece of legislation in India aimed at regulating labor in factories, ensuring the health, safety, and welfare of workers. Section 108 specifically addresses the requirement for displaying notices within factories, which is crucial for maintaining transparency and informing workers of their rights and responsibilities.
Section 108 mandates that every factory must display certain notices, including an abstract of the Act and the rules made thereunder, as well as the name and address of the Inspector. This is intended to ensure that workers are aware of their rights and the regulations governing their work environment.
The scope of Section 108 extends to all factories covered under the Factories Act, ensuring that workers in various industries are informed about their rights and the safety regulations in place. This provision is essential for promoting a safe working environment and compliance with labor laws.
Failure to comply with the requirements of Section 108 can result in penalties, which may include fines or other legal repercussions as determined by the enforcement authorities.
The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.
The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this Act.
Every worker shall have the right to—
(i) obtain from the occupier, information relating to workers’ health and safety at work,
(ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers’ health and safety at work,
(iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.]
------------------------------------
1. Ins. by Act 20 of 1987, sec. 41 (w.e.f. 1-12-1987).
(1) No worker in a factory—
(a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein;
(b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
(c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.
(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred r
The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act.
The Central Government may give directions to a State Government to the carrying into execution of the provisions of this Act.
Subject to the provisions of section 46 no fee or charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act.
1[(1)] All rules made under this Act shall be published in the Official Gazette, and shall be subject to the condition of previous publication; and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), shall be not less than 2[forty-five days] from the date on which the draft of the proposed rules was published.
3[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
---------------------
1. Section 115 re-numbered as sub-section (1) thereof by Act 20 of 1987 sec. 42 (w.e.f. 1-12-1987).
2. Subs. by Act 20 of 1987, sec. 42, for “three months” (w.e.f. 1-12-
Unless otherwise provided this Act shall apply to factories belonging to the Central or any State Government.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
(1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this Act any information relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties.
(2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report of such proceedings as aforesaid.
(3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a te
(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act.
(2) No inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint:
Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name.]
-------------------------------
1. Ins. by Act 20 of 1987, sec. 43 (w.e.f. 1-12-1987).
-------------------------------
1[ 119 . Act to have effect notwithstanding anything contained in Act 37 of 1970
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 19702[or any other law for the time being in force. ]
______________________
1. Inserted by Act 94 of 1976, section 44 (w.e.f. 26-10-1976). Earlier section 119 was repealed by Act 35 of 1950, section 2 and Schedule 1.
2. Inserted by Act 20 of 1987, section 44 (w.e.f. 1-12-1987).
The enactments set out in the Table appended to this section are hereby repealed :
Provided that anything done under the said enactments which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act.
STATE AMENDMENT
Himachal Pradesh :
For section 120, substitute the following section, namely:—
"120. Any law in force in Himachal Pradesh relating to Factories other than this Act is hereby repealed:
Provided that anything done under any such law which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act."
&nb
1. Ferrous Metallurgical Industries
—Integrated Iron and Steel
—Ferrow-alloys
—Special Steels
2. Non-ferrous Metallurgical Industries
—Primary Metallurgical Industries, namely, zinc, lead, copper, manganese and
aluminium
3. Foundries (ferrous and non-ferrous)
—Castings and forgings including cleaning or smoothening/roughening by sand
and shot blasting
4. Coal (including coke) industries
1[The Third Schedule
(See sections 89 and 90)
1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae.
2. Lead-tetra-ethyle poisoning.
3. Phosphorus poisoning or its sequelae.
4. Mercury poisoning or its sequelae.
5. Manganese poisoning or its sequelae.
6. Arsenic poisoning or its sequelae.
7. Poisoning by nitrous fumes.
8. Carbon bisulphide poisoning.
9. Benzene poisoning, including
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