BBA - SYLLABUS (Bu Jhansi)
Yug Chetna Mahavidyalaya, Najarpur, Sumerpur, Hamirpur
Affiliated to Bundelkhand University, Jhans
Factories
Act, 1948 –
1. Meaning & Concept
The Factories Act,
1948 is a social legislation designed to regulate:
- Working conditions in factories
- Health, safety, and welfare of workers
- Working hours and leave entitlements
2. Objectives
- Ensure health,
safety, and welfare of workers
- Regulate working hours, leave, and holidays
- Prevent exploitation of labor
- Improve work environment in industrial settings
3. Important Definitions
|
Term |
Definition |
|
Factory |
Any premises where: |
|
Worker |
A person employed in a
manufacturing process or any work connected to it |
|
Occupier |
A person who has
ultimate control over the factory |
|
Manufacturing Process |
Includes making,
altering, packing, washing, printing, oiling, etc. (Sec. 2(k)) |
4. Types of Factories
|
Type |
Description |
|
Small Scale |
Less than 50 workers |
|
Medium Scale |
Between 50 and 250
workers |
|
Large Scale |
More than 250 workers |
|
Hazardous Units |
Involve dangerous
processes, subject to special provisions |
Factories Act, 1948 – Classroom Notes (Part 2)
5. Provisions Regarding Health (Chapter III)
|
Section |
Provision |
|
Sec. 11 |
Cleanliness |
|
Sec. 12 |
Disposal of waste and effluents |
|
Sec. 13 |
Ventilation and temperature |
|
Sec. 14 |
Dust and fumes |
|
Sec. 18 |
Drinking water |
6. Provisions Regarding Safety (Chapter IV)
|
Section |
Provision |
|
Sec. 21 |
Fencing of machinery |
|
Sec. 22 |
Work on/near machinery in motion |
|
Sec. 23 |
No young person on dangerous machinery |
|
Sec. 38 |
Safety of buildings and machinery |
7. Provisions Regarding Welfare (Chapter V)
|
Section |
Provision |
|
Sec. 42 |
Washing facilities |
|
Sec. 43 |
Drying and storing clothes |
|
Sec. 44 |
Sitting arrangements |
|
Sec. 45 |
First-aid facilities |
|
Sec. 46 |
Canteens (mandatory for 250+ workers) |
|
Sec. 47 |
Shelters, restrooms |
|
Sec. 48 |
Crèches for children (for 30+ women workers) |
8. Working Hours (Chapter VI)
- Daily
Working Hours: Max. 9 hours/day
- Weekly Working Hours: Max. 48 hours/week
- Rest Intervals: At least 30 minutes after 5 hours of work
- Weekly Holiday: One holiday/week (usually Sunday)
9. Annual Leave with Wages (Chapter VIII)
-
Eligibility: Worked 240 days in a calendar year
- Leave Entitlement:
➤ Adults: 1 day leave for every 20
days worked
➤ Children: 1 day leave for every 15
days worked
10. Provisions for Hazardous Processes (Chapter IVA)
|
Section |
Provision |
|
41A |
Disclosure of information by occupier |
|
41B |
Safety policy |
|
41C |
Responsibility of workers |
|
41D |
Inquiry committee for hazardous processes |
|
41G |
Workers’ participation in safety management |
|
41H |
Right to warn about imminent danger |
11. Difference: Factory vs Industry
|
Basis |
Factory |
Industry |
|
Meaning |
Premises where goods are manufactured |
Sector involved in production/services |
|
Scope |
Narrow – physical location |
Broad – includes services and trade |
|
Governed by |
Factories Act, 1948 |
Industrial laws and sector-specific Acts |
🔹 Meaning & Concept of the Factories Act, 1948
The Factories Act, 1948 is a social welfare
legislation enacted by the Government of India to regulate working conditions in factories. It aims to ensure
the health, safety, welfare, and working hours
of workers.
HISTORICAL BACKGROUND: ▪
Factory Act is a central legislation which came into existence in 1881. ▪ It regulates the working
conditions of the workers and lays down various provisions which are related to
health, safety, working conditions, hazardous processes of the workers. ▪ It also provides
procedures for penalties in case of any contravention of provisions of factory
Act. ▪ The Act was
amended in the year 1891, 1911, 1922, 1934, 1948, 1976 and 1987. It was
extensively amended in the year 1948. ▪
The Factory Act 1948 is more comprehensive than the previous act and focuses
mainly on health, safety, welfare of the workers inside factories, working
hours, minimum age to work, leave with pay etc.
🔹 Objectives of the Act
1.
To ensure adequate safety measures and promote
the health and welfare of workers.
2.
To regulate the working hours and leave
provisions.
3.
To prevent exploitation of labor in
manufacturing processes.
4.
To enforce minimum standards of health, safety,
and welfare in factories.
🔹 Definition of Factory (Section 2(m))
A factory means any
premises:
·
Where 10 or more workers are
working (with power), or
·
20 or more workers are
working (without power),
·
And where a manufacturing
process is being carried out.
🔹 Key Terms / Definitions
·
Worker – A person
employed in any manufacturing process or in any work incidental to it.
·
Occupier – The person
who has ultimate control over the affairs of the factory.
·
Manufacturing Process –
Defined under Section 2(k) as any process related to making, altering,
repairing, finishing, packing, etc.
🔹 Types of Factories (Based on Size & Process)
1.
Small Scale Factories –
Employ fewer than 50 workers.
2.
Medium Scale Factories –
Employ between 50 to 250 workers.
3.
Large Scale Factories –
Employ more than 250 workers.
4.
Hazardous Factories –
Involve dangerous manufacturing processes, covered under special provisions.
🔹 Provisions Regarding Health (Chapter III)
·
Cleanliness (Sec.11)
·
Disposal of waste and effluents (Sec.12)
·
Ventilation and temperature (Sec.13)
·
Dust and fume control (Sec.14)
·
Artificial humidification (Sec.15)
·
Drinking water (Sec.18)
·
Factories Act, 1948 – Health Provisions with
Real-Life Examples
·
Section 11: Cleanliness
·
Example: In a garment factory, regular sweeping,
dusting, and washing of floors and machines is mandatory to maintain
cleanliness and prevent health issues like respiratory diseases. . 2
·
Section 12: Disposal of Wastes and Effluents
·
Example: A chemical factory must install proper
drainage systems and treat chemical waste before releasing it, to prevent
pollution of nearby water sources.
·
Section 13: Ventilation and Temperature
·
Example: In a steel factory, exhaust fans and
air-cooling systems must be used to maintain a comfortable working temperature
and remove hot air and smoke.
·
Section 14: Dust and Fumes
·
Example: In a wood-cutting factory, vacuum
suction or exhaust hoods must be used to prevent sawdust and harmful fumes from
affecting workers' health.
·
Section 15: Artificial Humidification
·
Example: Textile factories using artificial
humidifiers must follow legal humidity limits to prevent mold growth and
respiratory discomfort.
·
Section 16: Overcrowding
·
Example: In an electronic assembly unit, each
worker must be given enough space to move and work without bumping into
machines or other workers.
·
Section 17: Lighting
·
Example: In a printing press, both natural and
artificial lighting should be sufficient to prevent eye strain and errors in
reading fine print.
·
Section 18: Drinking Water
·
Example: In a food processing unit, clean and
filtered water dispensers should be placed within 6 meters of every work area,
and marked ‘Drinking Water’.
·
Section 19: Latrines and Urinals
·
Example: In a factory employing both male and
female workers, there should be separate, clean, and well-ventilated toilets
for each gender, cleaned daily.
·
Section 20: Spittoons
·
Example: In a tobacco factory, covered spittoons
must be provided at suitable places to maintain hygiene and prevent spread of
infections.
·
Factories Act, 1948 – Health Provisions with
Real-Life Examples
·
Section 11: Cleanliness
·
Example: In a garment factory, regular sweeping,
dusting, and washing of floors and machines is mandatory to maintain
cleanliness and prevent health issues like respiratory diseases. . 2
·
Section 12: Disposal of Wastes and Effluents
·
Example: A chemical factory must install proper
drainage systems and treat chemical waste before releasing it, to prevent
pollution of nearby water sources.
·
Section 13: Ventilation and Temperature
·
Example: In a steel factory, exhaust fans and
air-cooling systems must be used to maintain a comfortable working temperature
and remove hot air and smoke.
·
Section 14: Dust and Fumes
·
Example: In a wood-cutting factory, vacuum
suction or exhaust hoods must be used to prevent sawdust and harmful fumes from
affecting workers' health.
·
Section 15: Artificial Humidification
·
Example: Textile factories using artificial
humidifiers must follow legal humidity limits to prevent mold growth and
respiratory discomfort.
·
Section 16: Overcrowding
·
Example: In an electronic assembly unit, each
worker must be given enough space to move and work without bumping into
machines or other workers.
·
Section 17: Lighting
·
Example: In a printing press, both natural and
artificial lighting should be sufficient to prevent eye strain and errors in
reading fine print.
·
Section 18: Drinking Water
·
Example: In a food processing unit, clean and
filtered water dispensers should be placed within 6 meters of every work area,
and marked ‘Drinking Water’.
·
Section 19: Latrines and Urinals
·
Example: In a factory employing both male and
female workers, there should be separate, clean, and well-ventilated toilets
for each gender, cleaned daily.
·
Section 20: Spittoons
·
Example: In a tobacco factory, covered spittoons
must be provided at suitable places to maintain hygiene and prevent spread of
infections.
🔹 Provisions Regarding Safety (Chapter IV)
·
Fencing of machinery (Sec.21)
·
Work on or near machinery in motion (Sec.22)
·
Employment of young persons on dangerous
machines (Sec.23)
·
Safety of buildings and machinery (Sec.38)
🔹 Provisions Regarding Welfare (Chapter V)
·
Washing facilities (Sec.42)
·
Facilities for storing and drying clothing
(Sec.43)
·
Sitting arrangement for workers (Sec.44)
·
First-aid appliances (Sec.45)
·
Canteens, restrooms, crèches (Sec.46–48)
🔹 Working Hours (Chapter VI)
·
Adults: Maximum 48 hours
a week; 9 hours per day.
·
Weekly holiday: One holiday
per week (usually Sunday).
·
Intervals for rest: At
least half an hour after 5 hours of work.
🔹 Annual Leave with Wages (Chapter VIII)
·
Workers who have worked for 240 days or more in a year are entitled to annual leave with wages.
·
One day leave for every 20 days worked (adults),
and every 15 days for children.
🔹 Provisions Regarding Hazardous Process (Chapter
IVA – Sections 41A to 41H)
·
Compulsory disclosure of
information by occupier.
·
Health and safety policy
to be submitted.
·
Emergency standards to
be framed.
·
Workers’ participation
in safety management.
·
Right of workers to warn
authorities of imminent danger.
🔹 Difference Between Factory & Industry
|
Basis |
Factory |
Industry |
|
Definition |
Premises where manufacturing occurs |
Sector of economy producing goods |
|
Law |
Governed by Factories Act |
Governed by Industrial Acts or
sector-specific laws |
|
Scope |
Narrow (limited to premises) |
Broad (includes services and production) |
🏭 Factories Act, 1948 – Key Topics
🔷 1. Objectives of the Factories Act, 1948
The main objectives are:
1.
✅ To ensure safe and healthy working conditions in factories
2.
✅ To protect workers from industrial hazards and
exploitation
3.
✅ To promote
welfare measures for workers
4.
✅ To regulate working hours, leave, and employment
conditions
5.
✅ To define
the responsibilities of employers
and occupiers
🔷 2. Definition of Factory (Section 2(m))
A factory means any
premises:
·
Where 10 or more workers are
working (or worked on any day in the preceding 12 months) with the aid of power, or
·
Where 20 or more workers are
working (or worked) without the aid of power,
and
·
A manufacturing process
is being carried out or is ordinarily carried out.
👉 Note: The manufacturing process includes:
Making, altering, finishing, packing, washing, cleaning, printing,
dyeing, oiling, etc.
🔷 3. Provisions Regarding Health (Chapter III,
Sections 11 to 20)
These sections deal with maintaining the cleanliness, hygiene, and sanitation in factories.
|
📘
Section |
🧾
Provision |
|
Sec. 11 |
Cleanliness: Factory must be kept clean
and free from dust, dirt, waste, etc. |
|
Sec. 12 |
Disposal of wastes and effluents:
Effective methods must be used. |
|
Sec. 13 |
Ventilation and temperature: Adequate
ventilation must be provided. |
|
Sec. 14 |
Dust and fumes: Steps must be taken to
prevent inhalation of harmful dust and fumes. |
|
Sec. 15 |
Artificial humidification must be
controlled as per government rules. |
|
Sec. 16 |
Overcrowding: Sufficient space (14.2 cubic
meters per worker) must be provided. |
|
Sec. 17 |
Lighting: Proper lighting (natural or
artificial) must be ensured. |
|
Sec. 18 |
Drinking water: Safe and clean water must
be provided at suitable places. |
|
Sec. 19 |
Latrines and urinals: Adequate and
separate facilities for men and women. |
|
Sec. 20 |
Spittoons: Must be provided and kept
clean. Use of floor for spitting is prohibited. |
|
|
|
The Factories Act of 1948 is significant
because it addresses crucial aspects such as workers' health, safety, and
welfare in manufacturing and industrial establishments.
Understanding the provisions of this Act is
essential for legal professionals and students. It governs factory regulations
and protects workers from exploitation and unsafe working conditions, thereby
ensuring social justice in the industrial sector.
For AIBE aspirants, the Factories Act is an
essential area of study as questions related to labour laws frequently appear
in the exam. Mastering the provisions of the Factories Act helps students gain
a firm grasp of critical topics such as:
· Working Hours and Overtime
Regulations: There are legal restrictions on the number
of hours workers can be required to work and provisions for overtime pay.
· Child and Adolescent Labour: Safeguards against the exploitation of child labour, setting minimum
age limits, and regulating working conditions for adolescents.
·
Health and Safety Provisions: Requirements for safe machinery, proper ventilation, sanitation, clean
drinking water, and emergency exits to protect workers from industrial hazards.
·
Welfare Measures: Ensuring basic welfare facilities like first-aid, canteens, restrooms,
and shelters for workers in large factories.
The Factories Act has been consistently
amended to adapt to evolving industrial practices and is grounded in
International Labour Organization (ILO) conventions. Therefore, understanding
this law prepares students for AIBE and equips them with the knowledge required
to represent clients in labour disputes, ensuring adherence to national and
international standards.
In conclusion, in-depth knowledge of the
Factories Act is indispensable for anyone aiming to pass the AIBE or practising
labour law.
It forms the foundation for understanding
broader labour legislation and ensures that future lawyers can advocate for
workers' rights effectively. Therefore, thoroughly preparing the Factories Act
and its provisions is essential for all law students, lawyers, and AIBE
aspirants.
Historical Overview of the Factories
Act 1948:
The Factories Act, 1948 is a central piece of
legislation first introduced in 1881 to regulate the working conditions of
factory workers. It outlines health, safety, and welfare provisions, addresses
hazardous processes, and establishes violation penalties.
The Act has undergone several amendments, with
significant changes in 1891, 1911, 1922, 1934, 1948, 1976, and 1987. The 1948
amendment is the most comprehensive. It expanded on previous versions by
focusing on workers’ health, safety, welfare, working hours, and provisions
like leave with pay.
The Act drew heavily from the 1937 Factory Act
in Great Britain. However, it’s important to distinguish between the terms
"factory" and "industry." An industry refers to organized
trade activities, while a factory is the physical location where such
activities are conducted. The Factories Act governs day-to-day operations
within these premises and applies across India, including Jammu & Kashmir.
The 1984 Bhopal Gas Tragedy highlighted the
risks associated with factory operations and stressed the need for stricter
regulations.
Consequently, the government made timely
amendments to the Act. The Factories Act applies to establishments with 10 or
more workers when using power and to those with 20 or more workers when no
power is used.
Key provisions of the Act include ensuring
safety measures such as machine guarding, maintaining cleanliness, providing
drinking water and proper sanitation, and offering first aid facilities.
Factories with more than 500 workers must also have dispensary services and
welfare officers, while those with over 50 women employees must provide
creches. Additionally, provisions ensure fair working hours, including 48
weekly hours for adults, regulations for young workers, overtime compensation,
and mandatory breaks.
As workplace safety and health issues have
evolved, so has the need for more effective implementation of the Act's
provisions, which have been updated to reflect International Labour
Organization (ILO) conventions. Central and state governments collect labour
and employment statistics to monitor compliance, employment conditions, and
workplace hazards. These statistics help assess the current state of
implementation and highlight areas for further development and enhancement.
The Factory Act has a history of over 100
years, emerging from the Industrial Revolution, which brought both the rise of
factories and the exploitation of workers. The British government was slow to
enact protective labour legislation for Indian workers despite the growth of
the cotton, jute, and steel industries.
Early advocates for workers’ rights, such as
philanthropists Sorabjee Shahpurjee Bengali and Sasipad Banerjee, along with
labour leaders like Narayan Meghaji Lokhandey, played crucial roles in pushing
for reforms.
The first Factory Act of 1881 was a step
toward regulating working conditions but proved inadequate. This led to further
amendments and the establishment of the Factory Commission in 1890. The
recommendations of this commission laid the groundwork for future amendments,
addressing issues such as working hours, the employment of women, and child
labour restrictions. The Act has been consistently updated to meet the
challenges of industrialization and protect workers’ rights.
Important Definitions from the
Factories Act 1948 for AIBE Preparation
Factory (Section 2(m)): A premises where ten or more workers are engaged in manufacturing
with power or 20 or more workers are employed without power, excluding mines,
mobile units of the armed forces, railways, hotels, or restaurants.
Worker: A
person employed directly or indirectly in any manufacturing process or related
work. This excludes members of the armed forces.
Occupier: The individual who has ultimate control over the factory's
operations, such as a partner in a firm, a director in a company, or an
appointed manager in government-run factories.
Health Provisions (Sections 11 to 20):
The Act mandates provisions to protect the
health of factory workers, including:
·
Cleanliness of the premises and machinery
(Sec. 11)
·
Proper disposal of waste and effluents (Sec.
12)
·
Adequate ventilation and temperature control
(Sec. 13)
·
Control of dust and fumes (Sec. 14)
·
Regulation of artificial humidification (Sec.
15)
·
Prevention of overcrowding (Sec. 16)
·
Adequate lighting (Sec. 17)
·
Access to safe drinking water (Sec. 18)
·
Proper sanitation facilities (Sec. 19)
·
Provision of spittoons (Sec. 20)
Welfare Provisions:
The welfare of workers is safeguarded through
measures such as:
·
Washing facilities (Sec. 42): Factories must provide adequate and separate washing facilities for men
and women.
·
Facilities for storing and drying
clothes (Sec. 43): State governments may
direct factories to provide suitable facilities for storing and drying clothes.
·
Sitting arrangements (Sec. 44): Factories must provide sitting arrangements for workers who need to
rest during breaks.
·
First aid (Sec. 45): For factories with more than 500 workers, proper first aid equipment
and an ambulance room must be maintained.
·
Canteens (Sec. 46): Factories with more than 250 workers must provide canteen facilities.
·
Shelters, restrooms, and lunchrooms
(Sec. 47): Factories employing more than 250 workers
must provide well-ventilated rest and lunchrooms.
·
Creches (Sec. 48): Factories with over 30 women employees must provide creche facilities
for their children.
·
Welfare officers (Sec. 49): Factories with 500 or more workers must employ welfare officers.
Safety Provisions:
The safety of workers is a priority, and the
Act mandates measures such as:
·
Fencing of dangerous machinery
(Sec. 21): All hazardous machinery must be securely
fenced.
·
Work on or near machinery in motion
(Sec. 22): Only trained male workers wearing proper
attire are allowed to work near machinery in motion.
·
Employment of young persons on
dangerous machines (Sec. 23): Young workers
must be fully trained and supervised when operating hazardous machinery.
·
Hoists, lifts, and lifting machines
(Sec. 28-29): These must be appropriately constructed, maintained,
and inspected.
·
Precautions against dangerous fumes
and gases (Sec. 36): Factories must ensure
proper ventilation and suitable equipment for workers entering hazardous
spaces.
·
Protection against fire hazards
(Sec. 38): Factories must maintain fire safety
equipment, ensure clear escape routes, and train workers in fire prevention and
response.
Salient Features of the Factories Act,
1948
1.
Expanded Definition of Factory: The Factories (Amendment) Act of 1976 broadened the definition of
"factory" to include contract labour when determining if a factory
employs 10 or 20 workers.
2.
Child Labor Restrictions: The Act raised the minimum working age for children from 12 to 14 and
reduced their working hours from 5 to 4.5 hours daily.
3.
Restrictions on Women and Children: The Act prohibits women and children from working in factories between
7 p.m. and 6 a.m.
4.
Seasonal Factory Classification
Removed: The distinction between seasonal and
non-seasonal factories was abolished.
5.
Factory Registration and Licensing: The Act mandates factory registration and licensing, with the state
government responsible for ensuring all factories are appropriately registered
and licensed, with renewals as required.
6.
State Government’s Role: The Act grants state governments authority to create rules for the
benefit of employees, including encouraging employee-management associations.
7.
Applicability Beyond Factory Size: State governments can apply the provisions of the Act to any
establishment, regardless of its number of employees or whether it engages in
manufacturing.
8.
Legal Precedence: In Rabindra Agarwal v. State of Jharkhand
(2010), the Jharkhand High Court ruled that the Factories Act, a
special legislation, takes precedence over the Indian Penal Code.
Objectives of the Factories Act, 1948
1.
Safety Measures: The primary goal of the Act is to establish comprehensive safety
measures for workers and to improve their overall health and welfare in
factories. It aims to protect workers from industrial and occupational hazards.
2.
Health Provisions: The Act mandates that factories maintain cleanliness, provide
sufficient drainage, ventilation, and lighting, and ensure the availability of
clean drinking water. It also requires separate, clean, and accessible
restrooms for men and women.
3.
Safety Provisions: Machines must be adequately fenced, and young workers cannot operate
dangerous machinery. Factories must have emergency exits to allow workers to
escape in case of accidents.
4.
Welfare Provisions: Factories must provide suitable washing facilities, storage and drying
spaces, first-aid equipment, and restrooms. Larger factories are required to
have shelters and canteens for workers.
5.
Regulation of Working Hours: The Act limits working hours to 48 per week and mandates weekly
holidays for all workers.
6.
Protection from Exploitation: The Act imposes strict rules on factory owners and occupiers to ensure
workers' safety, protect them from exploitation, and improve working conditions.
7.
Penalties for Violations: Violations of the Act can lead to imprisonment of up to one year, fines
of up to ₹1 lakh or both. Workers who misuse safety or welfare equipment
may face fines of up to ₹500.
Application of the Factories Act, 1948
1.
Geographical Scope: The Act applies across India, including Jammu and Kashmir, and covers
all premises involved in manufacturing as defined under Section 2(m).
2.
Factories Using Power: The Act applies to factories that use power and employ ten or more
people on any working day in the previous 12 months.
3.
Factories Not Using Power: It also applies to factories without power that employ 20 or more
people on any working day in the past 12 months.
4.
State Government’s Role: The Act grants state governments and Union Territories the power to
apply its provisions to specific factories under Section 85.
Important Definitions under the
Factories Act, 1948
1.
Adult and Child: An adult is a person aged 18 or older (Section 2(a)), while a child is
defined as someone under 15 (Section 2(c)).
2.
Adolescent: Defined in Section 2(b), an adolescent is between 15 and 18.
3.
Calendar Year: Defined as 12 months starting January 1st (Section 2(bb)).
4.
Competent Person: Someone authorized by the Chief Inspector to conduct inspections or
tests in a factory (Section 2(ca)).
5.
Hazardous Process: A process involving materials that threaten health or the environment
(Section 2(cb)).
6.
Machinery: Includes prime movers, transmission machinery, and any other equipment
related to manufacturing (Section 2(j)).
7.
Power: Mechanically transmitted energy not generated by humans or animals
(Section 2(g)).
8.
Week: Seven days starting at midnight on Saturday (Section 2(f)).
9.
Day: 24 hours starting at midnight (Section 2(e)).
10.
Young Person: A term including children and adolescents (Section 2(d)).
11.
Factory: A premises where a manufacturing process is conducted, with 10 or more
workers when power is used, or 20 or more workers without power, as defined in
Section 2(m).
12.
Manufacturing Process: Defined in Section 2(k), this includes processes like generating,
altering, repairing, cleaning, packing, or storing goods for sale, transport,
or disposal.
13.
Worker: A person employed directly or indirectly in a factory, either with or
without the knowledge of the principal employer (Section 2(l)).
Important Provisions of the Factories
Act, 1948
1. Approval, Licensing, and Registration of
Factories (Section 6):
The Factories Act mandates that state governments establish rules requiring
factory plans and site details to be submitted to the Chief Inspector or the
state government for approval before any construction or extension. This
section also requires factories to be registered and licensed, with fees paid
for registration, licensing, and periodic renewals.
No license is issued or renewed unless the
occupier notifies the Chief Inspector. If the state government denies
permission for a site or factory construction, the applicant can appeal to the
central government within 30 days of the refusal.
2. Labour Welfare:
Labour welfare encompasses services offered to workers both within and outside
the factory, including canteens, restrooms, recreational facilities, and
housing. These services contribute to worker well-being and productivity.
During the early stages of industrialization, welfare measures for factory
workers were not prioritized, but with industrial growth in the 20th century,
efforts were made to improve working conditions through recommendations like
those of the Royal Commission.
The 1948 Act expanded the definition of
“factory” to include any industrial facility with ten or more workers using
power or 20 or more workers without power. Other significant changes included
raising the minimum working age for children from 12 to 14, reducing their
working hours, and prohibiting them from working between 7 p.m. and 6 a.m.
Special emphasis was placed on employees' health, safety, and welfare.
3. Welfare Measures:
The Act focuses on three main welfare aspects: occupational health care,
appropriate working hours, and fair remuneration. Welfare measures aim to
integrate the workforce's socio-psychological needs with technological and
organizational requirements. These measures help foster a culture of work
commitment, ensuring higher employee satisfaction and productivity.
4. Key Provisions for Workers' Welfare and
Safety:
·
Washing Facilities (Section 42): Factories must provide sufficient and well-maintained washing
facilities for male and female employees. These must be easily accessible and
kept clean, with standards determined by the state government.
·
Clothing Storage and Drying
Facilities (Section 43): The state
government can direct factories to provide proper storage and drying facilities
for workers' clothing when not dressed for work.
·
Seating Arrangements (Section 44): Factories must provide seating arrangements for workers who perform
standing jobs, allowing them to rest when possible.
· First Aid (Section 45): Factories are required to have first aid boxes or cupboards with
essential supplies accessible to workers. A trained person should supervise
each box and should be available during working hours.
· Digital Training Institute
Canteen (Section 46): Factories with more than 250 workers must provide and maintain a
canteen. The state government sets the rules for food and pricing.
· Shelters, Restrooms, and Lunchrooms
(Section 47): Factories employing more than 150
workers must provide shelters, restrooms, and lunchrooms where workers can eat
food brought from home. These areas must be clean, well-ventilated, and
well-lit.
·
Creches (Section 48): Factories with more than 30 female employees must provide a clean,
well-lit room for children under six years old, supervised by trained
personnel. Facilities for washing and changing may also be provided, along with
free milk and refreshments for children.
Factories Act, 1948 – Classroom Notes