The Factories Act 1948 is a central legislation that governs the working conditions, safety, health and welfare of workers employed in manufacturing establishments (factories). The Act is administered by the Chief Inspector of Factories in each state.
Applicability
The Factories Act applies to:
- Establishments using power and employing 10 or more workers
- Establishments not using power but employing 20 or more workers
- Hazardous process industries regardless of worker count (Schedule under Section 2(cb))
The Act covers manufacturing processes as defined — involving making, altering, repairing, ornamenting, finishing, packing, washing, cleaning, breaking up, or otherwise treating any article.
Key Definitions
| Term | Definition |
|---|---|
| Factory | Any premises where manufacturing process is carried on with qualifying worker count |
| Occupier | Person in ultimate control/management of factory (company = Board of Directors) |
| Worker | Person employed directly or through contractor in manufacturing process |
| Adult | Person who has completed 18 years of age |
| Adolescent | Person who has completed 15 but not 18 years |
Health Provisions (Sections 11-20)
- Cleanliness (Section 11): Factory must be kept clean; drains covered; whitewash every 14 months
- Disposal of Wastes (Section 12): Effective arrangements for disposal of waste and effluents
- Ventilation and Temperature (Section 13): Adequate ventilation, temperatures maintained for worker comfort
- Dust and Fume (Section 14): Measures to prevent inhalation of dust/fumes
- Overcrowding (Section 16): Minimum 14.2 cubic meters of space per worker; 9.9 sq meters for newer factories
- Lighting (Section 17): Sufficient and suitable lighting
- Drinking Water (Section 18): Wholesome drinking water at reasonable proximity (at least every 6 meters in hot weather)
- Latrines and Urinals (Section 19): Separate for male and female workers
Safety Provisions (Sections 21-41)
- Fencing of Machinery (Section 21): Every dangerous moving part must be securely fenced
- Employment on Dangerous Machinery (Section 22): Only trained adults with permission
- Lifting Machines, Chains, Ropes (Section 29): Regular examination and certification
- Pressure Plant (Section 31): Maintained in safe condition, tested regularly
- Fire Safety (Section 38): Means of escape in case of fire; fire-fighting equipment
- Occupier's Duty (Section 7A): General duty to ensure safety, health and welfare as far as reasonably practicable
Working Hours: Adults
| Provision | Limit |
|---|---|
| Daily hours (Section 51) | Maximum 9 hours |
| Weekly hours (Section 51) | Maximum 48 hours |
| Overtime (Section 59) | Double the ordinary rate for extra work beyond 9 hours/day or 48 hours/week |
| Weekly holiday (Section 52) | First day of week (usually Sunday), compensatory holiday if required to work |
| Spread over (Section 56) | Not more than 10.5 hours per day including intervals |
| Night shift (Section 54) | Intervals for rest; double employment prohibited |
Leave with Wages (Section 79)
Workers who have worked for 240 days in a calendar year are entitled to:
- Adults: 1 day leave for every 20 days of work (i.e., 12 days for 240 days work)
- Children (under 15): 1 day leave for every 15 days of work
- Leave encashment: Unused leave can be carried forward (maximum 30 days accumulation)
- Leave application: At least 15 days notice; 7 days for emergency
Welfare Facilities (Sections 42-50)
- Washing facilities (Section 42)
- Facilities for storing and drying clothing (Section 43)
- First-aid boxes (Section 45): One box per 150 workers
- Canteen for factories with 250+ workers (Section 46)
- Shelter/restrooms for factories with 150+ workers (Section 47)
- Crèche for factories with 30+ female workers (Section 48)
Occupational Safety Health and Working Conditions Code 2020: This new Labour Code, when implemented, will replace the Factories Act 1948 along with other safety-related laws. Under the Code, thresholds change: establishments with 10+ workers (with power) and 20+ (without power) remain covered. States must notify the Code with their rules before it becomes effective.