Unit - IV Factories Act 1948
Unit - IV Factories Act 1948
In common parlance, invariably factory and industry are understood as interchangeable. This is
incorrect. The term industry refers to a steady and systematic activity in which a trade is organised,
whereas a factory is the place where such activities are being carried on.
The entire day-to-day administration of the factories is governed by the principal Act of 1948
amended Act, which is an improvement of 1934 Act. This Act extends to the whole of India, including
Jammu and Kashmir. Unless otherwise provided, it also applies to factories belonging to the Central
and State Governments. (Section 116)
The Bhopal tragedy of 1984 has created awareness among the public for preventing pollution and
this has made the government to take steps in amending the present 1948 Act by incorporating
Chapter IV A from Sections 41A to 41 H, pertaining to provisions as regards hazardous processes.
OBJECT OF THE ACT:
The object of the Factories Act of 1948 is
(a) To improve health, welfare and safety of the workmen.
(b) To regulate by imposing restriction as to hours of work including rest and provisions for availing
of leave.
(c) To make stringent (Strict) provisions as regards employment of women and young persons and
duration of their work.
MEANING OF THE TERM ‘FACTORY’:
Factory means any premises including the precincts (area) therefore –
(i) Wherein 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
(ii) 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.
Factory does not include a mine as it is covered by Indian Mines Act, 1952 or a mobile unit belonging
to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
To put it in a nutshell, factory means (i) any premises including precincts (ii) where ten or more
persons are engaged in manufacturing process with the aid of power or (iii) twenty or more persons
are engaged in manufacturing process without the aid of power.
MANUFACTURING PROCESS – Section 2 (k)
Manufacturing Process means any process for –
(i) Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up,
demolishing or otherwise treating or adopting any article or substance with a view to its use, sale,
transport, delivery or disposal, or
(ii) Pumping oil, water, sewage or any other substance, or
(iii) Generating, transforming or transmitting power, or
(iv) composing types for printing, printing by letter press, lithography (method of printing) taking
photography and other similar process or book binding;
(v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or
(vi) Preserving or storing any article in cold storage. [Section 2 (k)].
WELFARE OF WORKERS
The present Factories Act has provided several measures under Chapter V for welfare of the workers
under Sections 42 to 48, dealing with washing facilities, facilities for storing and dressing, facilities
for sitting, First-aid appliances, canteen, shelter, rest rooms, lunch rooms and crèches
Washing facilities (Section 42): Suitable and adequate washing facilities, as prescribed by the State
government have to be provided separately and exclusively for male and female workers. These
places should be accessible.
Facilities for storing and drying clothes (Section 43): Suitable places must be provided by the
occupier to enable the workers to keep their clothes safe so that there is no risk of theft in that
place.
Sitting Facilities (Section 44): Arrangements shall be made for workers to sit and take rest where
their work involves a standing posture.
First Aid appliances (Section 45): The term first aid itself signifies immediate medical help required
by the affected parties. First aid boxes containing essential medicines, including cotton must be
provided for every department with not less than 150 workers.
Where in a factory, 500 or more workers are employed, the occupier should provide an ambulance
room, which is indispensable in the matter of giving medical attention to workers who have e
sustained serious injuries.
Canteen (Section 46): Factories employing 250 or more workers shall provide one or more canteens
as per the rules of the State government. A managing committee consisting of representatives of
employees and employers should manage such canteens.
Shelters, rest rooms and lunch rooms (Section 47): Suitable shelters, rest rooms, lunch rooms with
provision for drinking water shall be provided for every factory employing 150 or more workers.
Creches (Section 48): Creche is a room or place for accommodating children below the age of six.
Such creche must be properly lighted and adequately ventilated. Trained women assistants shall be
employed to attend to the children and maintain them clean and healthy.
Welfare Officers (Section49): In factories, where 500 or more workers are employed, there shall be
such number of qualified welfare officers employed by the management as per norms prescribed by
the State government regarding their qualification, duties and conditions of service.