Factories Act, 1948 Flashcards
To ensure the welfare, health, and safety of workers employed in factories by regulating their working conditions.
How many Sections, Schedules are there in Factories Act 1948
11 Chapters
3 Schedules
What chapter 1 talks about in Factories act 1948?
the preliminary provisions, including the short title, extent, commencement, and key definitions of terms such as “factory,” “worker,” and “occupier” used throughout the Act.
How many sections are there in Chapter 1 preliminary?
7
Section 1
Short Title, extent and commencement
- It extends to whole of India.
- came into force on the 1st day of April
Section 2
Interpretation
Defines key terms used in the Act
Adult according to Factories act
A person who has completed his eighteenth year of age
Adolescent according to Factories act
a person who has completed his fifteenth year of age but has not
completed his eighteenth year
Child according to Factories act
a person who has not completed his fifteenth year of age
hazardous process according to Factories act
any process or activity in a factory that involves the handling of substances or operations that may cause significant risks to the health and safety of workers, including processes that generate harmful or toxic substances, pose fire or explosion hazards, or involve the use of machinery that could lead to accidents.
young person
a person who is either a child or an adolescent
Day
a period of twenty-four hours beginning at midnight
Week
a period of seven days beginning at midnight on Saturday night
Power
electrical energy, or any other form of energy which is mechanically
transmitted and is not generated by human or animal agency
prime mover
any engine, motor or other appliance which generates or otherwise
provides power
transmission machinery
any shaft, wheel, drum, pulley, system of pulleys, coupling,
clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted
to or received by any machinery or appliance
Manufacturing Process
any process involving the making, altering, repairing, finishing, packing, or any other operation that transforms raw materials or goods into finished products. This includes any activities that result in the production or assembly of items, whether through mechanical, chemical, or manual methods, and encompasses various industries such as textiles, food processing, chemicals, and machinery
Worker
a person 4
[employed, directly or by or through any agency (including a
contractor) with or without the knowledge of the principal employer, whether for remuneration or
not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a
manufacturing process, or in any other kind of work incidental to, or connected with, the
manufacturing process, or the subject of the manufacturing process
Section 3
References to Time of Day
Indian Standard
Time, being five and a half hours ahead of Greenwich Mean Time
Section 4
Power to declare different departments to be separate factories or two or more factories to be a
single factory.
allows government authorities to classify manufacturing units based on their operations. This means that if departments operate independently, they can be treated as separate factories, while interconnected factories can be considered a single entity.
Section 5
Power to exempt during public emergency
empowers the government to temporarily exempt any factory or class of factories from the provisions of the Act during a public emergency, such as war, external aggression, or internal disturbances that threaten India’s security. This exemption ensures that factories can continue operations without being constrained by the usual rules of the Act, allowing for the uninterrupted production of essential goods or services during such crises. However, this exemption is strictly temporary and cannot exceed three months at a time.
- Approval, licensing and registration of factories
Procedures for submitting factory plans.
Guidelines for location, construction, and fees.
What are the health provisions under the Act?
Cleanliness (Section 11).
Disposal of waste (Section 12).
Ventilation and temperature control (Section 13).
Dust and fume control (Section 14).
Artificial humidification (Section 15).
Overcrowding prevention (Section 16).
Lighting and drinking water (Sections 17 and 18).
Latrines and urinals (Section 19).
List key safety provisions under the Factories Act.
Fencing of machinery (Section 21).
Work on or near machinery in motion (Section 22).
Prohibition of employment of young persons on dangerous machines (Section 23).
Safety measures for lifting machines and chains (Section 29).
Safety Officers in specified factories (Section 40-B).
What is Section 51 about?
Weekly Hours:
No adult worker shall work more than 48 hours a week.
What does Section 54 specify?
Daily Hours:
No adult worker shall work for more than 9 hours a day.
What is the significance of Section 79?
Annual Leave with Wages:
Workers who work for 240+ days in a calendar year are entitled to annual leave.
1 day for every 20 days worked.
What penalties are imposed for non-compliance with the Factories Act?
General penalty for offenses (Section 92): Fine up to ₹1,00,000 or imprisonment up to 2 years, or both.
Enhanced penalty for repeated offenses (Section 94).
What is Section 85 about?
Power to apply the Act to certain premises not traditionally classified as factories.
State Government may extend the Act’s provisions to such premises.
What is the purpose of Section 7?
Notification by the Occupier.
The occupier must notify the Chief Inspector before using any premises as a factory.
What does Section 7A specify?
General duties of the occupier.
Ensure worker safety, health, and welfare.
Maintain safe systems of work, training, and supervision.
What does Section 17 focus on?
Lighting.
Factories must have adequate and suitable natural or artificial lighting to ensure worker safety.
What does Section 27 address?
Prohibition of Employment of Women and Children near Cotton Openers.
Women and children cannot work near machinery for cotton opening.
What does Section 35 focus on?
Protective Equipment.
Workers must be provided with protective gear (gloves, goggles, etc.) for hazardous tasks.
What does Section 41A highlight?
Constitution of Site Appraisal Committees.
Committees must assess and approve factory locations involving hazardous processes.
What is detailed in Section 41B?
Compulsory disclosure of information by factories involved in hazardous processes.
Ensures workers and local authorities are informed about potential risks and safety measures.
What is stated in Section 45?
First Aid Appliances.
Factories must maintain a sufficient number of first aid boxes, readily accessible to workers.
What is the purpose of Section 49?
Welfare Officers.
Factories employing 500+ workers must appoint Welfare Officers to ensure worker well-being.
What does Section 59 state about overtime wages?
Workers working beyond 48 hours a week are entitled to overtime wages at twice the normal rate.
What does Section 68 cover?
Employment of Children as Trainees.
Allows children aged 14-18 to work under prescribed conditions as apprentices or trainees.
What is detailed in Section 85A?
Power to require medical examinations.
Workers in specified factories can be required to undergo medical exams for hazardous conditions.
What is the purpose of Section 112?
Power of State Government to Make Rules.
Allows the government to create rules for implementing the Act’s provisions effectively.
What does Section 8 specify?
Appointment of Inspectors.
State Government appoints inspectors to ensure compliance with the Act’s provisions.
What does Section 10 address?
Certifying Surgeons.
Appointed by the State Government to carry out medical examinations of workers.
What does Section 20 focus on?
Factories must provide and maintain spittoons in suitable locations for worker hygiene.
What is covered under Section 25?
Provisions for young workers.
No young person shall be allowed to clean machinery in motion.
What does Section 35A mandate?
Precautions for Eye Protection.
Workers must be provided with suitable goggles for protection against harmful processes.
What does Section 41 specify?
Precautions for Hazardous Processes.
Factories must implement safety measures and provide workers with adequate information on risks.
What does Section 48 deal with?
Creches.
Factories employing 30+ women must provide a creche for the use of children under the age of six.
What is the focus of Section 50?
Canteens.
Factories employing 250+ workers must provide a canteen for the employees.
