The Factories Act, 1948

Labour problems and inspector raj are frequently associated with factories.
HR managers must be familiar with this legislation, whether it be for multiple
compliances or any laws about working conditions. Although it is still not
standard practice for family enterprises, more and more large organisations,
particularly MNCs, are now engaging consultants and training institutes that
can train their HR managers about compliance with the Factories Act.

 If you work in an organization that deals with manufacturing or has

factories, then you need to know about this act whether your organization
takes the initiative or not.

This act prescribes the basic rights and interests of the workers, and the
guarantee to provide them with basic amenities like proper sanitation,
ventilated workspace, safety for using machinery etc. The maximum working
hours prescribed are not more than 48 hours a week. Compliance with this
act can act as a boon for this company as it can effectively avoid labour
conflicts in the future.

The main objectives of the Indian Factories Act, of 1948 are to regulate the
working conditions in factories, to regulate health, safety welfare, and annual
leave and enact a special provision in respect of young persons, women and
children who work in the factories.
Working Hours: According to the provision of working hours for adults, no
adult worker shall be required or allowed to work in a factory for more than
48 hours in a week. There should be a weekly holiday.

Health: For protecting the health of workers, the Act lays down that every
factory shall be kept clean and all necessary precautions shall be taken in
this regard. The factories should have a proper drainage system, adequate
lighting, ventilation, temperature etc.
Adequate arrangements for drinking water should be made. Sufficient
latrines and urinals should be provided at convenient places. These should be
easily accessible to workers and must be kept clean.

Safety: To provide safety to the workers, the Act provides that the
machinery should be fenced, no young person shall work at any dangerous
machine, and in confined spaces, there should be provision for manholes of
adequate size so that in case of emergency the workers can escape.

Welfare: For the welfare of the workers, the Act provides that in every
factory adequate and suitable facilities for washing should be provided and
maintained for the use of workers. Facilities for storing and drying clothing,
facilities for sitting, first-aid appliances, shelters, rest rooms and lunch
rooms, and crèches, should be there.

Penalties:- The provisions of The Factories Act, 1948, any rules made under
the Act, or any order given in writing under the Act is violated, it is treated
as an offence. The following penalties can be imposed:-
(a) Imprisonment for a term which may extend to one year;
(b) Fine which may extend to one lakh rupees; or
(c) Both fine and imprisonment.

If a worker misuses an appliance related to the welfare, safety and health of

workers, or about the discharge of his duties, he can be imposed a penalty of
Rs. 500/-.

Applicability of Factories Act, 1948

The Act applies to any factory 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 this does not include a mine, or a mobile
unit belonging to the armed forces of the union, a railway running shed or a
hotel, restaurant or eating place.

Changes brought about by the Factory Act, of 1948

The following changes were made by the factories Act, of 1948: -
# The definition of the term “Factory” was widened to cover all industrial
establishments employing ten or more workers where power was used and
20 or more workers in all other cases.

# The distinction between seasonal and non-seasonal factories was

abolished.

# Under the Act of 1934 the State Governments had the power to extend the
application of the Act to establishments where more than 10 Workers were
employed. Under the Act of 1948, the State Government may extend the
provisions of this Act to any establishment irrespective of the number of
workers employed therein and irrespective of the number of the workers
employed on therein and irrespective of the fact that manufacturing work is
carried by power or otherwise. The only exception is an establishment where
the work is done solely by the members of a family.

# Chapter III of the Act of 1934 was split into three parts, dealing with the
health, safety and welfare of workers. The Act specifies very clearly the
minimum requirements under the three heads stated above.

# The basic provisions of the old Act relating to Health,

safety and welfare are extended to all workplaces irrespective of the number
of workers employed, except premises where processes are carried on by the
occupier with the sole aid of his family.

# The minimum age for the admission of children to employment has been
raised from 12 to 14 years and the minimum permissible daily hours of work
for children were reduced from five to four and a half hours.

# Provisions are made for the licensing and registration of factories and the
prior scrutiny by the Factories Inspectorate of the Plans and specifications of
factory buildings.

# Employment of Children and women between 7 p.m. and 6 a.m. is

prohibited. For overtime work, the workers are entitled to twice their normal
rate of wages.

# The State Government are empowered to make rules requiring the

association of the workers in the management of arrangements for the
welfare of the workers.

# State Government is obliged to see that all the factories are registered and
take a licensing for working, which should be periodically renewed. Prior
approval of the State Government has been made necessary for every new
installation of a Factory or the e xtension of an existing factory. Besides
mines, the new Act also excludes railway running sheds from the definition of
Factories.

Changes made in Factories Act, 1948 in 2016

The Factories (Amendment) Bill, 2016

The Factories Act 1948 was an Act of Parliament passed in the United
Kingdom by the Labour government of Clement Attlee. It was passed
to safeguard the health of workers and was adopted by India.
The Factories (Amendment) Bill, 2016 was introduced in Lok Sabha on
August 10, 2016, by the Minister for Labour and Employment, Mr
Bandaru Dattatreya. The Bill amends the Factories Act, of 1948. The
Act regulates the safety, health and welfare of factory workers. The Bill
amends provisions related to overtime hours of work.

Key Amendments
# (Section 2) Power to make rules on various matters: The Act permits
the state government to prescribe rules on a range of matters,
including double employment, details of adult workers to be included in
the factory’s register, conditions related to exemptions to certain
workers, etc. The Bill gives such rule-making powers to the central
government as well.
Powers to make rules for exemptions to workers: Under the Act, the
state government may make rules to (i) define persons who hold
management or confidential positions; and (ii) exempts certain types
of adult workers (e.g., those engaged in urgent repairs) from fixed
working hours, periods of rest, etc. The Bill gives such rule-making
powers to both, the central and state governments.
Under the Act, such rules will not apply for more than five years. The
Bill modifies this provision to state that the five-year limitation will not
apply to rules made after the enactment of this Bill.

# (Section 64) Overtime hours of work in a quarter: The Act permits

the state government to make rules related to the regulation of
overtime hours of work. However, the total number of hours of
overtime must not exceed 50 hours for a quarter. The Bill raises this
limit to 100 hours. Rules in this regard may be prescribed by the
central government as well.

# (Section 65) Overtime hours if the factory has a higher

workload: The Act enables the state government to permit adult
workers in a factory to work overtime hours if the factory has an
exceptional workload. Further, the total number of hours of overtime
work in a quarter must not exceed 75. The Bill permits the central or
state government to raise this limit to 115

Overtime in the public interest: The Bill introduces a provision which

permits the central or state government to extend the 115-hour limit
to 125 hours. It may do so because of (i) excessive workload in the
factory and (ii) public interest.
Prohibition of work in Hazardous Occupations

1. Section 22(2) of the Factories Act, of 1948 prohibits women to work

with machinery in motion or any case whatsoever.
2. Also, Section 87 of the Factories Act, of 1948 empowers the State
Government to prohibit the employment of women in dangerous
operations.
3. The Factories Act also prohibits the employment of women in
pressing cotton where a cotton opener is at work. There is a proviso
that if the feed end of a cotton opener is in a room separated from
the delivery end by a partition to the roof or such height as the
inspector may in any particular case specify in writing, women may
be employed on the side of the partition where the feed end is
situated under Section 27.
4. Section 34 states that Maximum Permissible Load To safeguard
women against the dangers arising out of lifting to heavyweight, the
Factories Act authorize the appropriate Governments to fix the
maximum load that may be lifted by women. Rules framed by all the
State Governments (Except U.P.) have fixed the following maximum
weights for women employed in factories.

1. Adult Females 65 lbs

2. Adolescent Females 55 lbs

3. Children Female 30 lbs

Turning Point Precedents

 In Pearson v. Belgium Co. Ltd., The question was whether a woman

could clean the stationary parts of a machine if the machine as a
whole is in motion. The Court held that even stationary parts of the
 machine could not be cleaned by a woman if the machinery as a
whole is in motion.
 Also, In Richard Thomas and Baldwins Ltd. v. Cummings, The Court
noted that there would be no breach of statutory duty if an injury
occurred while the machinery was not enclosed if the power was cut
off and if the machinery was under repair and the parts were not in
motion but were moved by hand for repair purposes.
 In a landmark case of B.N. Gamadia v. Emperor, the Bombay High
Court observed that the provisions of the Section are not complied
with if the door is divided between the two parts of the room and
opened by a woman employed while the door is shut, but not locked
or if other effective means are taken to prevent the door from being
opened by a woman.