Factories Act 1948 Meaning, Definition

Factories Act of 1948 is a comprehensive piece of legislation enacted by the Indian Parliament to regulate labor in factories. Its primary objective is to ensure adequate safety measures, promote the health and welfare of workers, and regulate working conditions in factories. This Act plays a crucial role in safeguarding workers’ rights and improving working environments across India.

• Historical Background

The need for labor regulation in India emerged during the British colonial period due to the rapid industrialization and exploitation of workers. The first Factories Act was passed in 1881, focusing mainly on child labor. Subsequent amendments and new legislations, such as the Factories Act of 1911, expanded the scope to include women’s working hours and introduced measures for workers’ health and safety. The Factories Act of 1948 is the culmination of these efforts, incorporating various improvements and extending its applicability to a broader range of industries.

Key Provisions of the Factories Act, 1948

• Factory:

Any premises where ten or more workers are employed with power, or twenty or more workers without power, to carry out a manufacturing process.

• Worker:

A person employed directly or indirectly, with or without remuneration, in any manufacturing process, cleaning, or any incidental work related to the factory.

• Manufacturing Process:

Any process involving making, altering, repairing, or ornamenting products.

Health Provisions

The Act mandates several health-related provisions to ensure a safe and healthy work environment:

• Cleanliness:

Factories must be kept clean, including provisions for regular removal of waste and maintaining cleanliness of floors, walls, and workrooms.

• Waste Disposal:

Effective arrangements for the disposal of waste and effluents are required.

• Ventilation and Temperature:

Factories must have adequate ventilation and maintain a comfortable temperature for workers.

• Dust and Fumes:

Measures must be taken to prevent the inhalation of dust and fumes.

• Artificial Humidification:

Factories using artificial humidification must ensure it does not exceed prescribed levels.

• Lighting:

Adequate natural or artificial lighting must be provided.

• Drinking Water:

Safe and wholesome drinking water must be made available to all workers.

• Latrines and Urinals:

Sufficient and clean latrine and urinal facilities must be provided separately for male and female workers.

• Spittoons:

Sufficient spittoons must be provided and maintained in a clean and hygienic condition.

Safety Provisions

The Act outlines safety measures to protect workers from accidents and occupational hazards:

• Fencing of Machinery: Dangerous parts of machinery must be securely fenced.
• Work on or Near Machinery in Motion: Specific provisions are made for workers to safely work on or near machinery in motion.
• Employment of Young Persons on Dangerous Machines: Young persons are prohibited from working on dangerous machines unless adequately trained and supervised.
• Striking Gear and Devices for Cutting Off Power: Factories must have devices to safely cut off power in emergencies.
• Self-Acting Machines: Restrictions are placed on the operation of self-acting machines.
• Casing of New Machinery: New machinery must be suitably cased to ensure safety.
• Prohibition of Employment of Women and Children Near Cotton-Openers: Women and children are prohibited from working near cotton-openers.
• Hoists and Lifts: Hoists and lifts must be of sound construction, properly maintained, and tested periodically.
• Lifting Machines and Tackle: Safe working loads must be marked on lifting machines and tackles, and they must be maintained and tested regularly.
• Revolving Machinery: Safety measures must be taken to prevent accidents involving revolving machinery.
• Pressure Plant: Safe operation and maintenance of pressure plants are required.
• Floors, Stairs, and Means of Access: Safe construction and maintenance of floors, stairs, and access points are mandated.
• Pits, Sumps, Openings in Floors: Pits and openings in floors must be securely covered or fenced.
• Excessive Weights: Workers should not be required to lift excessive weights without proper aids.
• Protection of Eyes: Adequate eye protection must be provided for processes involving risks to the eyes.
• Precautions Against Dangerous Fumes, Gases, etc.: Measures must be taken to prevent workers from exposure to dangerous fumes and gases.
• Precautions Regarding the Use of Portable Electric Light: Safe use of portable electric lights is ensured.
• Explosive or Inflammable Dust, Gas, etc.: Precautions must be taken to prevent explosions or fires from flammable substances.
• Precautions in Case of Fire: Adequate fire-fighting equipment and training must be provided.
• Safety Officers: Factories employing a certain number of workers must appoint safety officers.

Welfare Provisions

The Act includes several welfare measures to enhance workers’ well-being:

• Washing Facilities: Adequate washing facilities must be provided.
• Facilities for Storing and Drying Clothing: Proper arrangements for storing and drying clothing must be made.
• Facilities for Sitting: Suitable arrangements for sitting must be provided, particularly for workers who are required to stand.
• First-Aid Appliances: First-aid boxes or cupboards equipped with prescribed contents must be available.
• Canteens: Factories with more than 250 workers must provide and maintain canteens.
• Shelters, Restrooms, and Lunch Rooms: Suitable shelters, restrooms, and lunch rooms must be provided for workers.
• Creches: Factories employing a certain number of women workers must provide crèches for children.
• Welfare Officers: Factories employing a certain number of workers must appoint welfare officers.

Working Hours and Annual Leave

The Act regulates working hours, rest intervals, and leave entitlements:

• Working Hours: Adult workers should not work more than 48 hours a week and not more than 9 hours a day.
• Weekly Holidays: Workers are entitled to one whole day of rest every week.
• Overtime: Workers must be paid twice their regular rate for overtime work.
• Intervals for Rest: Workers must have adequate intervals for rest during work hours.
• Annual Leave with Wages: Workers who have worked for at least 240 days in a year are entitled to annual leave with wages, calculated based on the number of days worked.

Employment of Young Persons

The Act imposes restrictions on the employment of young persons to ensure their safety and welfare:

• Prohibition of Employment of Young Children:

Children below the age of 14 are prohibited from working in factories.

• Adolescent Workers:

Adolescents (aged 15-18) must obtain a fitness certificate from a certifying surgeon before being employed.

• Working Hours for Young Persons:

Restrictions on working hours and conditions for young persons are specified to prevent exploitation and ensure their health and safety.

Hazardous Processes

The Act includes specific provisions for factories involving hazardous processes:

• Site Appraisal Committees:

Factories involving hazardous processes must obtain site appraisals from designated committees.

• Compulsory Disclosure of Information:

Employers must disclose information regarding hazards and measures taken for the safety of workers.

• Permissible Limits of Exposure:

Permissible limits for exposure to hazardous substances are prescribed.

• Workers’ Participation in Safety Management:

Workers must be involved in safety management through safety committees.

• Right to Warn about Imminent Danger:

Workers have the right to warn about imminent danger and evacuate in case of emergencies.

Administration and Enforcement

Factories Act, 1948, is administered by both the Central and State governments. The primary responsibility for enforcing the provisions of the Act lies with the State Governments, which appoint Factory Inspectors to ensure compliance. The Act also provides for the appointment of certifying surgeons to conduct health check-ups and issue fitness certificates to workers.

Penalties

The Act prescribes penalties for non-compliance with its provisions, including fines and imprisonment for employers who violate health, safety, and welfare regulations. It also includes provisions for appeals and adjudication of disputes arising under the Act.

Amendments and Updates

Factories Act, 1948, has been amended several times to address emerging industrial challenges and align with evolving labor standards. Notable amendments include provisions for extending the applicability of the Act to newer industries, enhancing safety measures, and improving workers’ welfare.