Factories Act 1948 frequently asked questions – FAQ
The below Factories act 1948 frequently asked questions or FAQ are given below to help the act readers get answers to their common queries regarding the Factories act 1948 of India.
What is factories act 1948?
The Factories Act, 1948 formed as Act No. 63 of 1948 is one of the important National legislation in India regarding Industrial safety and health applied to factories in India. It is administered by the Ministry of Labour & Employment, Government of India.
What is the objective of the factories act 1948?
The objective of the Factories Act 1948 is to provide guidelines and regulations that needs to be complied to by the owners of the Factories. It consolidates the law regulating labour in factories.
When did the factories act 1948 come in to effect?
Though the Factories act 1948 was enacted on 23 September 1948, it came in to force with effect from 1st day of April, 1949.
What is the definition of a “factory” as per the act?
A “factory” as per the act is defined as any premises including the precincts (the area within the walls or perceived boundaries of a building or a place)
- whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
- whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,
but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
What is the definition of manufacturing process as per the Factories act 1948?
The act defines “manufacturing process” as any process for –
- making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or
adapting any article or substance with a view to its use sale, transport, delivery or disposal, or
- pumping oil, water, sewage or any other substance; or
- generating, transforming or transmitting power; or
- composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or
- constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
- preserving or storing any article in cold storage;
Who is called as an “Occupier as per the act?
As per the act, “occupier” of a factory means the person who has ultimate control over the affairs of the factory provided that –
- in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;
- in the case of a company, any one of the directors shall be deemed to be the occupier;
- in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier;
Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for
- the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under –
- section 6, section 7, [section 7A, section 7B] section 11 or section 12;
- section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock;
- section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance;
- the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to –
- the workers employed directly by him, or by or through any agency; and
- the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person;
What is the definition of the worker as per the act?
According to the act, “worker” means a person 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 but does not include any member of the armed forces of the Union;
What are the chapters covered in the Indian factories act 1948?
Following are the chapters that are covered in the Indian Factories Act of 1948:
- Chapter I – Preliminary
- Chapter II – The Inspecting Staff
- Chapter III – Health
- Chapter IV – Safety
- Chapter IVA – Provisions relating to Hazardous processes
- Chapter V – Welfare & Grievance
- Chapter VI – Working hours of adults
- Chapter VII – Employment of young persons
- Chapter VIII – Annual leave with wages
- Chapter IX – Special provisions
- Chapter X – Penalties and procedure
- Chapter XI – Supplemental
What are the duties of an occupier as per the Factories Act 1948?
Section 7A lists the duties of an occupier, which was inserted in the act in the year 1987, via an amendment. The general duties of the occupier is as below:
- 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.
- Without prejudice to the generality of the provisions of subsection (1), the matters to which such duty extends, shall include –
- the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;
- 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;
- the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;
- the maintenance of all places of work in the factory in a condition that is safe without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;
- the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
- Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed.
Which authority has the responsibility to enforce the Factories Act 1948?
The guidelines contained in the Factories Act are enforced by the office of Chief Inspector of Factories under the Labour Department of the State Government or Union Territories.
What are the restrictions on employment of women as per the Factories Act 1948?
The following are the restrictions on the working of women as per the act:
- Section 66 (b): No woman shall be 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 any factory or group or class or description of factories, vary the limits laid down in clause 66 (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.;
- Section 66 (c): there shall be no change of shifts except after a weekly holiday or any other holiday;
- Section 27: prohibition of employment of women and children near cottonopeners. No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work;
What is the minimum age to work as per factories act, 1948?
Section 67 of the act Prohibition of employment of young children. No child who has not completed his fourteenth year shall be required or allowed to work in any factory.
What are the working hours per week in a factory?
This is one of the most common Factories act 1948 frequently asked questions. Chapter VI, section 51 of the act talks about weekly hours of work in a factory. No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
What is the maximum number of hours of work in a factory as per Factories Act 1948?
Chapter VI, section 54 of the act: Daily hours: Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day;
How many number of days in advance does the occupier of a factory premises gives notice of occupancy to the chief inspector?
Section 7 of the act says that the occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory and sends it to the Chief Inspector by a written notice
After how many years must the factory premises be painted and refurbished as per the Factories act?
Chapter III section 11 (d) (i) the building needs to be repainted or re-varnished at least once in every five years period.
How many first aid boxes must be kept in a factory as per the Factories act 1948?
Chapter V, Section 45 of the act says that there must be one first aid box for every one hundred and fifty (150) workers employed.
What are the provisions of night shift in the Factories act 1948 ?
Chapter VI, Section 57 of the act talks about night shift. The section says:
Where a worker in a factory works on a shift which extends beyond midnight,
- 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
- 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.
When are safety officers recruited as per the Factories act 1948?
Chapter IV Safety, Section 40B says In every factory,
- wherein one thousand or more workers are ordinarily employed, or
- 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.
What are the precautions in case of fire as per the Factories act 1948 India?
Chapter IV Safety, Section 38 of the Factories Act 1948 says,
- 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
- safe means of escape for all persons in the event of a fire, and
- the necessary equipment and facilities for extinguishing fire
- 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.
- 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)
- Notwithstanding anything contained in clause (a) of subsection (1) or sub-section (2), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he may, by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as it specified in the order.
Also see: OHS Legislation in India
The above Factories act 1948 frequently asked questions ( Indian Factories act 1948 faq ) will also help students in clarifying their fundamental questions about the act.