The Factories Act 1948

Factory Act of 1948 is a significant piece of legislation in India, aimed at regulating labor conditions in factories to ensure safety, health, and welfare of workers. This Act was enacted on September 23, 1948, and has undergone various amendments to adapt to changing industrial environments. It is one of the foundational laws governing industrial labor in India and provides a framework for the efficient functioning of factories, focusing on the welfare of workers.

Key Objectives and Scope

• Ensuring adequate safety measures are in place to protect workers from industrial hazards.

• Providing healthy working conditions to prevent occupational diseases.

• Regulating working hours, rest intervals, and holidays to avoid worker exploitation.

• Ensuring basic welfare amenities for workers, such as clean drinking water, sanitary facilities, and restrooms.

The Act applies to all factories employing ten or more workers if the manufacturing process is carried out with the aid of power, or twenty or more workers without the aid of power.

Key Provisions

Health Provisions

1. Cleanliness: Factories must be kept clean and free from waste and effluents. This includes regular cleaning of floors, proper drainage, and maintenance of whitewashing or painting of walls.

2. Ventilation and Temperature: Adequate ventilation and temperature regulation must be provided to ensure workers’ comfort.

3. Dust and Fume Control: Effective measures must be taken to prevent inhalation of dust and fumes that could be harmful to workers.

4. Artificial Humidification: Control measures must be established to ensure safe levels of artificial humidification.

5. Overcrowding: Factories must not be overcrowded. There are specified minimum space requirements for each worker.

6. Lighting: Sufficient and suitable lighting, both natural and artificial, must be provided.

7. Drinking Water: Safe and sufficient drinking water must be accessible to workers at all times.

8. Latrines and Urinals: Adequate and clean latrine and urinal facilities must be provided separately for males and females.

Safety Provisions

1. Fencing of Machinery: Moving parts of machinery must be securely fenced to prevent accidents.

2. Work on or Near Machinery in Motion: Restrictions and safety measures for workers working near moving machinery.

3. Employment of Young Persons on Dangerous Machines: Young workers must be trained and supervised if employed on dangerous machines.

4. Striking Gear and Devices for Cutting Off Power: Machinery must have mechanisms to safely cut off power.

5. Self-acting Machines: Safety measures to protect workers from moving parts of self-acting machines.

6. Cranes and other Lifting Machinery: Regular maintenance and safety checks are mandatory for lifting equipment.

7. Revolving Machinery: Safe operational measures for machinery with revolving parts.

Welfare Provisions

1. Washing Facilities: Adequate and accessible washing facilities must be provided.

2. Facilities for Storing and Drying Clothing: Facilities must be available for workers to store and dry their clothing.

3. Facilities for Sitting: Suitable sitting arrangements must be made for workers who are required to work in a standing position.

4. First Aid Appliances: First aid boxes or cupboards with prescribed contents must be maintained and readily accessible.

5. Canteens: Canteens must be provided if there are more than 250 workers.

6. Shelters, Restrooms, and Lunchrooms: Sufficient shelter and rest facilities for workers.

7. Creches: Creche facilities must be provided where more than 30 women workers are employed.

8. Welfare Officers: Appointment of welfare officers is mandatory in factories employing more than 500 workers.

Working Hours and Leave

1. Daily and Weekly Working Hours: Workers should not work for more than 9 hours a day and 48 hours a week. There must be a weekly holiday.

2. Rest Intervals: Workers are entitled to a half-hour rest interval after 5 hours of work.

3. Spread Over: The total spread over time for a worker should not exceed 10.5 hours.

4. Night Shifts: Provisions for adequate rest for workers working night shifts.

5. Annual Leave with Wages: Workers who have worked for at least 240 days in a factory during a calendar year are entitled to annual leave with wages.

Employment of Young Persons

1. Prohibition of Employment of Young Children: Children below the age of 14 are prohibited from working in factories.

2. Adolescents: Adolescents (aged 15-18) are allowed to work only if they have a fitness certificate from a certifying surgeon.

3. Working Hours for Young Persons: Adolescents and children are subject to specific working hours and conditions.

Administration and Enforcement

The administration and enforcement of the Factory Act, 1948, are primarily the responsibility of state governments. The Act mandates the appointment of inspectors to ensure compliance with its provisions. Inspectors have the authority to enter factory premises, examine documents, and take necessary actions against violations.

Penalties and Legal Actions

Non-compliance with the provisions of the Factory Act, 1948, can result in significant penalties, including fines and imprisonment. The severity of the punishment depends on the nature and extent of the violation. For instance, contravening safety measures can lead to stricter penalties due to the potential risk to workers’ lives.

Amendments and Modernization

Since its inception, the Factory Act, 1948, has undergone several amendments to stay relevant to contemporary industrial practices and to enhance worker protections. Amendments have focused on increasing penalties for violations, improving safety standards, and ensuring better working conditions.

Challenges and Criticisms

1. Implementation:

Effective implementation and enforcement remain a significant challenge, especially in smaller factories.

2. Awareness:

Many workers and employers are still unaware of their rights and obligations under the Act.

3. Modern Industrial Practices:

The Act needs continuous updates to keep pace with new technologies and industrial practices.

4. Inspectorate Efficiency:

The efficiency and integrity of factory inspectors are critical to the successful enforcement of the Act’s provisions.