Summary of The Factories Act, 1948 from Gazzate Of India. from Nisarg Desai's Idea / Prospect

The Factories Act, 1948[Act No. 63 of 1948]

An Act to consolidate and amend the law regulating labor in factories.

Be it enacted by Parliament as follows:

Chapter I: Preliminary

1. Short Title, Extent, and Commencement:

   • This Act may be called the Factories Act, 1948.
   • It extends to the whole of India.
   • It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions:

   • Factory: A premises where 10 or more workers are working, and power is used, or 20 or more workers are working without the use of power.
   • Worker: A person employed directly or through any agency, whether for wages or not, in any manufacturing process or any incidental process.
   • Occupier: The person who has ultimate control over the affairs of the factory.

Chapter II: The Inspecting Staff

1. Inspectors:
   • The State Government shall appoint Inspectors for enforcing the provisions of the Act.
   • Inspectors have the power to enter any factory and examine any machinery or documents.

Chapter III: Health

1. Cleanliness:

   • Every factory shall be kept clean, including provisions for sweeping, washing, and removing waste.

2. Disposal of Wastes and Effluents:

   • Effective arrangements shall be made for the treatment of wastes and effluents.

3. Ventilation and Temperature:

   • Adequate ventilation and cooling provisions must be in place to ensure the comfort of the workers.

4. Dust and Fume Control:

   • Effective measures shall be taken to prevent the inhalation of dust, fumes, or other impurities generated in the manufacturing process.

5. Lighting:

   • Sufficient and suitable lighting must be provided in every part of the factory.

6. Overcrowding:

   • Factories must ensure that workers are not overcrowded to a degree that is injurious to their health.

Chapter IV: Safety

1. Fencing of Machinery:

   • Every dangerous part of any machinery shall be securely fenced to prevent injury.

2. Work on or Near Machinery in Motion:

   • Special care and supervision are required when workers are engaged with machinery in motion.

3. Employment of Young Persons on Dangerous Machines:

   • No young person (below 18 years) shall work on dangerous machines unless they have been trained and are under supervision.

4. Prohibition of Work on Certain Dangerous Machines:

   • Specific machines may be prohibited by the government from use without adequate safeguards.

5. Precautions Against Dangerous Fumes, Gases, etc.:

   • Suitable measures must be adopted to prevent the build-up of dangerous fumes or gases.

6. Protection of Eyes:

   • Goggles or other protective equipment shall be provided where processes involve risk of injury to the eyes.

7. Precautions in Case of Fire:

   • Factories must be equipped with adequate means of escape and firefighting equipment in case of fire.

Chapter V: Welfare

1. Washing Facilities:

   • Adequate and suitable washing facilities must be provided for workers.

2. Facilities for Storing and Drying Clothing:

   • Provision for drying and storing wet clothing should be made where necessary.

3. Facilities for Sitting:

   • Workers whose work is performed standing should be provided with seats for rest.

4. First Aid Appliances:

   • Every factory must have a first aid box equipped with prescribed contents and a trained person in charge.

5. Canteens:

   • Canteens must be provided in factories where more than 250 workers are employed.

6. Shelters, Restrooms, and Lunch Rooms:

   • Suitable shelters or restrooms and lunch rooms shall be provided for workers.

7. Creches:

   • Factories with more than 30 women workers must provide a creche for the use of children of such workers.

Chapter VI: Working Hours of Adults

1. Weekly Hours:

   • No adult worker shall be required or allowed to work in a factory for more than 48 hours a week.

2. Daily Hours:

   • No adult worker shall work more than 9 hours in any day.

3. Intervals for Rest:

   • A rest interval of at least half an hour shall be provided after five hours of continuous work.

4. Overtime:

   • Workers are entitled to overtime pay at twice the normal rate for hours worked in excess of the prescribed limits.

Chapter VII: Employment of Young Persons

1. Prohibition of Employment of Children:

   • No child under 14 years of age shall be employed in any factory.

2. Working Hours for Adolescents:

   • Adolescents (ages 15-18) may work in factories only with the necessary certification and are limited to specific working hours.

Chapter VIII: Annual Leave with Wages

1. Annual Leave:
   • Workers are entitled to annual leave with wages at a rate of one day for every 20 days worked in the case of adults and one day for every 15 days worked in the case of children.

Chapter IX: Special Provisions

1. Special Provisions Relating to Hazardous Processes:

   • Factories involving hazardous processes must ensure the health and safety of workers by implementing medical surveillance, safety audits, and appropriate safety measures as prescribed.

2. Notice of Certain Accidents:

   • The occupier of a factory must inform the prescribed authorities about any accident that causes serious bodily injury or death.

Chapter X: Penalties and Procedures

1. Penalties for Offenses:
   • Violation of the provisions of this Act may result in penalties, including fines and imprisonment, depending on the severity of the offense.

Chapter XI: Supplemental

1. Power to Make Rules:
   • The State Governments may make rules to carry out the provisions of this Act.

This is a summarized version of the Factories Act, 1948. For the full text and specific legal language, it is recommended to refer to legal documents or the Official Gazette of India.