The Factories Act, 1948

Introduction

  • The industrial revolution often exploited industrial labor, leading to depleted conditions.

  • It was considered necessary to protect workers from industrial and occupational hazards.

  • The first Factories Act was passed in India in 1881, focusing on health and safety, and protecting child labor.

  • The Factories Act of 1881 was found inadequate and replaced by Acts of 1889 and 1911.

  • The Act has been amended several times to remove weaknesses and meet the changing needs of the working class.

  • The Factories Act, 1934, replaced previous legislation and overhauled the Act of 1911, based on recommendations from the Royal Commission of Labour.

  • Experience with the Act of 1934 revealed the need for wholesale revision to extend protective provisions to smaller industrial establishments.

  • The Constituent Assembly passed a new Act on August 28, 1948, consolidating and amending the law relating to labor in factories, which came into force on April 1, 1949.

  • The Factories Act, 1948, is comprehensive, covering aspects like approval, licensing, registration, inspecting authorities, health, safety, welfare, working hours, employment of adults and young children, annual leave, and penalties.

Object of the Act

  • To regulate working conditions in factories.

  • To ensure that basic minimum requirements for safety, health, and welfare of factory workers are provided.

  • To protect human beings from unduly long hours of bodily strain or manual labor.

  • To ensure employees work in healthy and sanitary conditions and that precautions are taken for their safety and the prevention of accidents.

  • Local governments are empowered to appoint inspectors to call for returns and ensure prescribed registers are duly kept.

  • The object of the Factories Act was to consolidate and amend the law regulating labor in factories to protect workers against industrial and occupational hazards and to secure for the workers employment in conditions conducive to their health and safety.

  • The Supreme Court of India declared that the Factories Act is a social enactment to achieve social reform.

Scope of the Act

  • The Act extends to the whole of India.

  • The provisions of the Act are applicable to all factories including factories belonging to Central or any State Government unless otherwise excluded.

  • The benefits of this Act are available to persons who may be covered within the meaning of the term 'worker' as defined in the Act.

Definitions (Section 2)

  • Adult: A person who has completed his eighteenth year of age.

  • Adolescent: A person who has completed his fifteenth year of age but has not completed his eighteenth year; neither an adult nor a child.

  • Child: A person who has not completed his fifteenth year of age.

  • Competent Person: A person or an institution recognized by the Chief Inspector for tests, examinations, and inspections.

    • Based on qualifications, experience, and facilities available.

    • Inserted by the Factories (Amendment) Act, 1987.

  • Young Person: A child or an adolescent, i.e., a person under the age of 18 years.

  • Calendar Year: The period of twelve months beginning with the first day of January.

  • Day: A period of twenty-four hours beginning at midnight.

  • Week: A period of seven days beginning at midnight on Saturday. The Chief Inspector of Factories may approve in writing any night other than Saturday night for a particular area.

  • Power: Electrical energy or any form of energy that is mechanically transmitted and not generated by human or animal agency.

  • Prime Mover: An appliance which generates or otherwise provides power.

  • Machinery: Includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied.

Manufacturing process

  • 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 or sewage or any other substance; or

    • Generating, transforming power, or transmitting power; or

    • Composing types for printing, printing by letter-press, lithography, or 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.

  • To constitute a manufacture there must be a transformation.

    • Mere labor bestowed on an article even if the labor is applied through machinery will not make it a manufacture unless it has progressed so far that transformation ensures, and the article becomes commercially known as another and different article from that with which it begins its existence.

    • There is no definite test to determine whether a particular process is a manufacturing process or not. Each case must be judged with reference to the particular facts.

  • The following have been held to be manufacturing processes:

    • Process of making salt from sea water

    • Bidi-making

    • Ginning and pressing of cotton

    • The use of electric motor for the purpose of lifting water.

    • Washing cleaning and oiling of motor vehicle brought by customers to the service station

    • The work of composition in printing business.

    • The process of moistening, stripping and packing of sun cured tobacco-leaves

    • The process of converting a raw film into a finished product rendering it fit to be screened.

  • The following have been held not to be manufacturing processes:

    • The process of merely drying potatoes

    • The mere work of packing

    • Selling of petrol or diesel by a petrol dealer or repairing of motor vehicles.

    • Drycleaning business

Worker Definition

  • “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 of the subject of the manufacturing process but does not include any member of the armed forces of the Union."

  • Four conditions to be fulfilled:

    • The person must be employed by the owner or occupier of the factory.

    • The person must be employed in the establishment either directly or by or through an agency (including a contractor, or without the knowledge of the principal employer).

    • The person must be employed in the factory for wages or without wages.

    • The person must be employed in any manufacturing process or in cleaning any part of the machinery, premises used for manufacturing process or in any other kind of work incidental to or connected with the manufacturing process or the subject of the manufacturing process.

  • The term worker does not include any member of the armed forces of the Union.

  • First condition implies that a person employed will be a worker if he is employed by the owner or occupier of the factory.

    • This means that there must be a contract of service and a relationship of master and servant between them. The concept of employment involves three essentials (1) employer, engages the services of other persons.

    • Employment is the contract of service between the employer and the employee whereunder the employee agrees to serve the employer subject of his control and supervision.

    • A distinction has to be made between a contractor and a worker. An independent contractor is charged with a certain work and he has to produce a particular result.

    • The manner in which the work is to be performed is beyond the control and supervision of the employer. On the other hand, in the case of a worker the employer has not only the right to supervise and control the work done by the employee but also the manner in which the work is to be done.

    • In the case of bidi factory the persons employed for making bidis are workers, though the right of control work is exercised only at the end of the day when bidis are ready.

    • Partners working in their concern are not workers.

  • Second condition is that the person may be employed in the establishment either directly or through any agency (including a contractor, with or without the knowledge of the principal employer).

    • It indicates that the worker is employed by the management directly or through some kind of employment agency and in either case there is a contract of employment between the employer and the person employed.

    • Where coolies are not employed by the management directly nor through the agency of an independent contractor, those coolies are not workers under that Act.

  • Thirdly, a person to be worker within the meaning of the definition may or may not receive wages.

    • It follows that the receipt of wages is not the touchstone for determining whether a particular person working in the factory is a worker or not.

    • An apprentice learning work or a person working on honorary basis would be deemed to be worker. The method of payment of wages has also nothing to do in making a person worker.

    • A piece-rate worker will be a worker within the meaning of the "worker" under the Act, but he must be a regular worker and should not come and work according to his sweet will."

  • Lastly an employed person will be regarded as a worker if he is employed in any manufacturing process, or in cleaning any part of the machinery of premises used for a manufacturing process or in any other kind of work incidental to, or connected with the manufacturing process.

    • A person working as a time-keeper in a factory is a worker, for his work is incidental to or connected with the manufacturing process. A person keeping accounts in a factory is doing work incidental to a manufacturing process and hence a munim in a factory is a worker.

    • Similarly, those employed in the kitchen of a restaurant in preparing articles for sale, would be regarded as 'workers', but a person who merely cleans the tables in the restaurant or washes the used plates may not be a worker.

    • Distribution or transport of an article after if is manufactured is not a manufacturing process. Persons selling the manufactured articles on factory premises are not working in a factory. Such work cannot be said to be incidental to or connected with the manufacturing process.

  • To sum up a person will be regarded as a worker if he is employed through any agency and is engaged in any manufacturing process and the place of his work must be a factory or precincts thereof.

  • Therefore the definitions of the terms 'factory', 'manufacturing process' and 'worker' must be read together to hold a person a worker within the meaning of the Factories Act.

Factory according to section 2(m)

  • Factory means any premises including the precincts thereof—

    • 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

    • Wherein 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.

  • Factory does not include a mine, a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant, or eating place.

  • For computing the number of workers for the purposes of this clause all the workers in different groups and relays in a day shall be taken into account.

  • Any premises where twenty or more workers are engaged in a manufacturing process without the aid of power or ten or more workers with the aid of power would be regarded as a factory.

  • An establishment would be a factory if the prescribed number of workers were employed on any day of the preceding twelve months.

  • In counting the number of workers, temporary, part time or piece rate workers must be included.

  • The factory must occupy a fixed site or premises. Premises includes precincts which means space enclosed by walls. The use of the word premises does not indicate that it must be restricted to the main building and not to be taken to cover open land as well.

  • It is not neccessary that the entire premesis or precincts should be used for a manufacturing process. If a manufacturing process is carried out at two different places, they are considered as factories.

  • The following premises have been held to be factories:

    • Water works maintained by a municipality

    • Railway workshop

    • Electricity department of a municipality

    • Saw mill

    • Composing for the purpose of printing by letter press.

  • The mere fact that an Electronic Data Processing Units or a Computer installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof. (Inserted by the Factories (Amendment) Act 1987).

  • Similarly, it does not include an industrial school where cloth is produced for demonstration only, and also a theatre exhibiting films.

  • Power to declare different departments as factories. The State Government, may on its own or on an application made in this behalf by an occupier, declare that for the purposes of the Act, different departments or branches of a factory shall be treated as separate factories or that two or more factories of the occupier shall be treated as a single factory. (Section 4).

  • Power to exempt during public emergency. In any public emergency, the State government may by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act except Section 67 (relating to employment of children) for such period and subject to such conditions as it may think fit. (Section 5).

  • Power to apply the Act to certain premises [Section 85]. This section empowers a State Government to apply all or any of the provisions of this Act to all places wherein a manufacturing process is carried on with or without the aid of power notwithstanding that the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power or the persons working therein are not employed by the owner but are working with the permission of such owner.

  • Power to exempt public institutions [Section 86]. This section empowers the State Government to exempt any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, training, research or reformation from all or any of the provisions of this Act.

Occupier

  • Occupier of a factory means the person who has ultimate control over the affairs of the factory.

    • In the case of a firm or other association of individuals any 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.

    • In the case of a ship which is under repair in a dry dock and which is available for hire following persons for the provision of this Act will be deemed to be occupier:

      • the owner of the dock, and

      • the owner of the ship or his agent or master or other officers-in-charge of the ship.

  • Occupier is a person who is in ultimate control of the factory. It is not necessary that the occupier must occupy premises of factory. He may be an owner, a lessee or mere licencee, but he must have the control over the factory and dictate terms of management.

  • The occupier should be a proprietor or at any rate be in possession of the factory and control its working. He cannot, therefore, be any one who is a mere servant charged with specific duties in regard to the control of the machinery, workmen or officer. An occupier of a factory may be a firm or other association of individuals.

  • The expression occupier as defined in section 2(n) Factories Act is not to be equated with the owner. No doubt the ultimate control over a factory must necessarily be with an owner unless the owner has completely transferred that control to another person. Whether that was done in a particular case in a question of fact.

Registration of factories.

  • Relay and Shift: Where work of the same kind is carried out by two or more sets of workers working during different period of the day, each of such set is called a group or 'relay and each of such periods is called a 'shift'.

  • The State Government is empowered to make rules for the purpose of approval, licensing and registration of factories.

  • Under Section 6 of the Act the State Government may make rules requiring the occupier to obtain previous permission in writing of a State Government or the Chief Inspector of Factories for (i) the submission of plans of any class or description of factories; (ii) the site on which the factory is to be situated; and (iii) for the construction or extension of any factory.

  • He may also be required to submit plans and specifications duly certified. The occupier may further be required to deposit the requisite fees for such registration and licensing.

  • No such licence shall be granted or renewed unless the notice specified in Section 7 has been given.

  • Where an application for such permission accompanied by plans is sent to the appropriate authority by registered post and no order is communicated to the applicant within three months from the date of dispatch of the application, it will be presumed that the permission is granted.

  • On refusal by the State Government to issue such permission an appeal can be preferred to the Central Government within 30 days from the date of such refusal and to the State Government in any other case.

  • The liability to apply for registration and obtaining a licence is on occupier. Failure to apply for the registration of the factory and a licence under Section 6 amounts to an offence punishable under section 92.

  • The object of making such rules in to ensure that the design of the factory building, and lay out of machinery are satisfactorily made and the building material are suitably used conform to the climatic conditions of the place.

  • Section 6 and the rules framed thereunder clearly apply only to factories that are to come into existence in the future and their application to factories existing prior to the Act is not contemplated. Therefore by resorting to these provisions, the Government cannot prevent the working of the existing factory.

Notice by Occupier

  • The occupier is required to serve a notice at least 15 days before he begins to occupy or use any premises as a factory to the Chief Inspector. The notice must contain the following particulars—

    • (a) the name and situation of the factory;

    • (b) the name and address of the occupier;

    • (c) the name and address of the owner of the premises or building;

    • (d) the address to which communication relating to the factory may be sent ;

    • (e) the nature of manufacturing process carried on and to be carried on in the factory;

    • (f) the total rated horse power installed or to be installed in the factory which shall not include the rated horse power of any separate standby plant;

    • (g) the name of the manager of the factory;

    • (h) the number of workers likely to be employed in the factory;

    • (i) such other particulars as may be prescribed.

  • The failure of an occupier of the factory to give a written notice or occupation such an offence filed after more than three months in barred by limitation under section. 106

  • Factories Amendment Act 1987 has inserted two new sections namely sections 7A and 7B. These sections lay down the general duties of the occupier and the general duties of manufacturers etc.

General duties of the occupier

  • 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.

  • This duty is expressly stated to include:

    • (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health.

    • (b) 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.

    • (c) the provision of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work.

    • (d) the maintenance of all places of work in the factory in a condition that is safe and 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.

    • (e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adquate as regards facilities and arrangements for their welfare at work.

  • Further, every occupier shall prapare, and 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 there of to the notice of all the workers in such manner as may be prescribed.

General duties of manufacturers etc. as regards articles and substances for use in factories

  • Every person who designs, manufactures, imports or supplies any article for use in any factory shall-

    • (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used;

    • (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a);

    • (c) take such steps as may be necessary to ensure that adequate information will be available-

      • (i) in connection with the use of the article in any factory;

      • (ii) about the use for which it is designed and tested, and

      • (iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers.

  • Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see-

    • (a) that the article conforms to the same standards if such article is manufactured in India, or

    • (b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.

The Inspecting Staff

  • Chief Inspector

  • Additional Chief Inspector

  • Joint Chief Inspector

  • Deputy Chief Inspector

  • Inspector

  • Certifying Surgeons

Chief Inspector

  • The State Government may by notification in the Official Gazette appoint any person as a Chief Inspector.

  • He shall enjoy all the powers of an inspector in addition to the specific powers conferred by the Act upon a Chief Inspector.

  • The Chief Inspector is fully competent to lodge a complaint and a complaint by the Chief Inspector is treated as a complaint by an inspector.

  • A person cannot be appointed a Chief Inspector or having been so appointed shall not continue to hold office as soon as he becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith.

  • Every Chief Inspector is deemed to be a public servant within the meaning of Indian Penal Code.

  • Every Additional Chief Inspector, Joint Chief Inspector and Deputy Chief Inspector shall be deemed to be a public servant within the meaning of the Indian Penal Code.

  • The State Government may assign to the Inspector such local limits as it think fit. The State Government has discretion in assigning local areas to an inspector.

  • A person cannot be appointed to act as an Inspector if he is directly or indirectly interested in a factory or in any Every District Magistrate shall be an Inspector for his district. process or business carried on therein or in any patent or machinery connected therewith.

  • Powers of Inspectors

  • According to Section 9 of the Act, an Inspector has the following powers within the local limits for which he is appointed:

    • (a) He may enter any place which is used or he has reason to believe is used as a factory. He may be accompanied by such assistants who are in the service of the Government or any other local or public authority or with an expert.

    • (b) Make examination of the premises, plant, machinery, article or substance.

    • (c) Inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry.

    • (d) Require the production of any prescribed register or any document relating to the factory.

    • (e) Seize, or take copies of any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed.

    • (f) Direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purposes of any examination.

    • (g) Take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination taking with him any necessary instrument or equipment.

    • (h) In case of any article or substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination.

    • (i) Exercise such other powers as may be prescribed.

Penalty for obstructing inspectors

  • Whoever wilfully obstructs an inspector:

    • (i) in the exercise of any power conferred on him by or under the Act; or

    • (ii) fails to produce on demand by an inspector any registers or other documents in his custodys; or

    • (iii) conceals or prevents any worker in a factory from appearing before, or being examined by an inspector; shall be punishable with imprisonment for the term which may extend to 6 months, or fine which may extend to 10,000 or with both.

  • Section 10 lays down that the State Government is empowered to appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act. They will be appointed within such local limits or such factory or class of factories as the State Government may think fit.

The certifying surgeon shall carry out such duties as may be prescribed in connection with

  • (a) the examination and certification of young persons under this Act;

  • (b) the examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed:

  • (c) the exercising the medical supervision for any factory in respect of-

    • (i) any case of illness that has occurred due to the nature of manufacturing process;

    • (ii) injury that is likely to be caused to the health of workers by reason of the adoption of any new manufacturing process;

    • (iii) injury that is likely to occur to the health of young persons.

  • Cleanliness

  • Disposal of wastes and effluents

  • Ventilation and temperature

  • Dust and fume

  • Artificial humidification

  • Overcrowding

  • Lighting

  • Drinking water

  • Latrines and urinals

  • Spittoons

Measures in regard to Health

  • The efficient working process requires the sound health of the persons engaged therein. Unless the workers are physically and mentally healthy they cannot perform their duties properly and smoothly.

  • The environment of the factory where workers are working must be clean and free from infection, insanitation, dust and fume, artificial humidification, overcrowding and other conditions injurious to the health of the workers.

  • Sections 11 to 20 contained in Chapter III of the Factories Act, 1948, deal with the health of workers in a factory.

  • Every factory must be kept clean and free from effluvia arising from any drain, privy, or other nuisance.

    • The floor of every work room shall be cleaned at least once in every week by washing, using disinfectants etc.;

    • where the floor is liable to become wet, means of draining shall be provided and maintained;

    • all inside walls, partitions, and ceilings etc. when painted otherwise than with washable water paints, shall be repainted or re-varnished at least once in every five years,

Ventilation and Temperature

  • Effective and suitable provision shall be made in every factory for securing and maintaining in every work-room adequate ventilation by the circulation of fresh air.

  • walls and roofs of work-rooms must be of such material and of such design as to keep the temperature low.

Dust and Fume

  • Where dust or fume is given off in any manufacturing process which is likely to be injurious or offensive to the workers, effective measures must be taken to prevent the inhalation of the dust or fume.

  • Failure to construct a dust proof husk chamber is a continuous omission.

Safety Regulations

  • All sorts of machinery should be fenced.

  • All parts of machinery should be securely fenced my safeguards of substantial construction.

  • Examination, lubrication, etc. of the machinery while it is in motion should be carried out only by a specially trained adult male worker.

  • The machine should be locked while shifting one position to other.

  • All woman or young girls are not allowed to adjust the parts of machines while in motion.

Hoists and Lifts

  • Good mechanical construction, sound material and adequate strength.

  • Maximum safe working load must be clearly marked
    Cage of every hoist or lift used for carrying persons fitted with a gate on each side affording to a landing

  • Lifting machine, chains, ropes and lifting tackles

  • Every chain, rope and lifting tackles for the purpose of raising or lowering persons, goods or material and

  • Shall be of goods construction, sound material and adequate strength and free from defects.

  • Effective  measures shall be taken to ensure that the crane does not approach within six metres of that place.

  • Revolving Machinery

  • Power Plant

  • Good Floors, stairs and means of access

  • Secure opening, covering or fencing

  • Excessive Weights

  • Protection of eyes and face

  • Portable electric lights and danger signals

  • Use of Explosive or inflammable gases

  • Power to check defective parts

Welfare Requirements

  • Washing Facilities

  • Facilities for storing clothes and drying

  • Sitting facility

  • First aid boxes and ambulance

  • Canteens

  • Shelter, Rest rooms and lunch rooms

  • Crèches

  • Welfare officers and the state may appoint for all factories.

Working hours for adults

  • 51 states, that no adult workers shall be required to, work for more then 48 h in week.

  • 54 restricts daily h or work to 9 and cannot by exceeded with the chief inspector

  • 55 no at workers cannot work for more than 5 h , without giving 1 hours break time for rest

  • 56 all the periods of work and such interiors not spread over 10 half hour in one day.

Employment of Women

  • No woman shall be allowed to clean, lubricate or adjust any part of the
    machinary while it is in motion .

  • Employment of Creches is required for all mothers with small children.

  • Employment for woman workers before 6 am after 7 pm is strictly prohibited
    There is no change of shifts for women except the weekly or holiday shift.

Employment of Young persons

  • No child below the age of 14 years and above should be employed in any work, hazardous

  • certificate to employ should be provided by certifying surgeon.

  • All workers above 17 but below 18 need certificate to work.

  • No work beyond 7 pm shall be permitted nor shift be done during night except special exception with approval letter.

Flashcard #1
Term: Who is considered an adult under the Factories Act?
Definition: A person who has completed his eighteenth year of age.

Flashcard #2
Term: What is the object of the Factories Act?
Definition: To regulate working conditions in factories and ensure the health, safety, and welfare of factory workers.

Flashcard #3
Term: What constitutes a 'factory' according to Section 2(m)?
Definition: Any premises where a manufacturing process is carried on with the aid of power and employs ten or more workers, or without the aid of power and employs twenty or more workers.

Flashcard #4
Term: Who is considered the 'occupier' of a factory?
Definition: The person who has ultimate control over the affairs of the factory; in the case of a company, any one of the directors.

Flashcard #5
Term: When must the occupier serve a notice to the Chief Inspector before beginning to use premises as a factory, and what details must it include?
Definition: At least 15 days before occupying or using any premises as a factory, including details like name, situation, nature of manufacturing process, and number of workers.

Flashcard #6
Term: What are the general duties of the occupier regarding the health and safety of workers?
Definition: Ensuring the health, safety, and welfare of all workers while they are at work in the factory, including providing safe plant and systems of work, safe use of substances, adequate information and training, and a safe working environment.

Flashcard #7
Term: Who is the Certifying Surgeon, and what are their primary duties?
Definition: Appointed by the State Government to carry out duties such as examining and certifying young persons, examining persons in dangerous occupations, and exercising medical supervision.

Flashcard #8
Term: Which sections of the Factories Act, 1948, deal with the health of workers in a factory?
Definition: Sections 11 to 20

Flashcard #9
Term: What are the regulations regarding working hours for adults?
Definition: No adult workers shall be required to work for more than 48 hours in a week, with daily work hours restricted to 9, and a mandatory 1-hour break after 5 hours of work.

Flashcard #10
Term: What restrictions apply to the employment of women in factories?
Definition: No woman shall be allowed to clean, lubricate, or adjust any part of machinery while it is in motion, and employment before 6 am and after 7 pm is strictly prohibited.

Flashcard #11

Term: What are the provisions for the welfare of workers in factories?

Definition: Sections 42 to 50 outline the necessity for adequate facilities such as drinking water, canteens, rest rooms, and first aid.

Flashcard #12

Term: How does the Factories Act, 1948 regulate the employment of children?

Definition: The Act prohibits the employment of children below the age of 14 in any factory.