Factory Act 1948
Topics Covered:
- What are the provisions made by the Factory Act 1948 for the Health, Safety, and Welfare of the workers?
- Who are “young persons” and what are the provisions meant for them?
- What are the provisions for the health, safety, and welfare of women and children?
- Mention the provisions regarding “hours of work”. Mention the provisions for hazardous processes.
The working conditions of factory workers in India have been historically very pathetic. Due to poverty and exploitation by factory owners, workers had practically no option. Due to an increase in industrial activity in the later half of the 19th century, attempts were made to improve the condition of the workers many times by the reports of the Royal Commission through various acts. The act of 1948 builds upon the act of 1934 after understanding the defects and weaknesses of the earlier act. An important change was the widening of the definition of a ‘Factory’ to include any industrial establishment employing 10 or more people that use power, or any industrial establishment that employs more than 20 people that does not use any power. Other important changes were:
- The distinction between seasonal and non-seasonal factories was removed.
- Increasing the minimum age of children eligible to work from 12 to 14.
- Reducing the hours of work for children from 5 to 4 and a half.
- Prohibiting children from working after 7 PM and before 6 AM.
- Explicit and special focus on health, safety, and welfare of all sorts of workers.
Definitions
Factory Act 1948 defines the following terms.
Sec 2(k) Manufacturing Process
- Any process for making, altering, repairing, ornamenting, finishing, packing, breaking up, demolishing, or otherwise treating any article for use, sale, transport, delivery, or disposal.
- Pumping oil, water, sewage, or any other substance.
- Building, breaking ships or vessels.
- Producing, transforming, transmitting power.
- Printing
- Preserving or storing anything in cold storage
- State of Bombay vs Ali Saheb Kashim Tamboli 1955 SC – Bidi making is a Manufacturing Process.
- Ardeshir vs State of Bombay AIR 1962 SC – Salt making is a Manufacturing Process.
Sec 2(l) Worker
- Any person employed directly or indirectly, for or without remuneration, with or without knowledge of the principal employer, working in a manufacturing process, or cleaning any part of machinery or premises of a manufacturing process, or any other kind of work incidental to or connected with the main manufacturing process or with the subject of the manufacturing process.
- Includes exclusive electrical worker which otherwise falls under worker.
- State of Bombay vs Tamboli AIR 1955 Bom – Wages are not necessary for being a worker.
- Shankar Balaji vs State of Mah AIR 1962 SC – not a worker because – no agreement of the contract, no fixed time for work, work from home any time, leave any time. Only adherence to bidi specs is no issue.
Sec 2(m) Factory
- 10+ people with power or 20+ people without power.
- Worked at any time in the previous 12 months. Shifts/Relays are also counted as a person.
- Exceptions – Railway Running Shed, Mines, Hotel, Restaurants, Armed Forces, Any data processing unit that uses computers for office work and does not do manufacturing.
- Pragnarain v Crown 1928 – Factory means premises where anything towards making or finishing of an article is done up to a stage when it is ready for sale or is in suitable condition to be put in the market.
- State of Bombay vs Ardeshir Hormosji Bhiwandiwala 1956 – land used for making salt is a factory.
Sec 2 (c) Hazardous Process
Any Process or activity in relation to an industry specified in the first schedule where, unless special care is taken, raw materials used, final output, intermediary product, by product, waste, or effluent can cause material impairment to the health of a person working in the process directly or indirectly or causes environmental pollution.
Provisions for Health
The following sections deal with the health provisions for factory workers.
Sec. 11 Cleanliness
- The floor must be cleaned every day, if possible by disinfectant.
- If the floor is wet and cannot be drained, special provisions must be made to drain the water.
- Walls must be regularly cleaned. They must be whitewashed every 6 months. If an oil-based paint/varnish is used, it must be cleaned every year and must be repainted every 3 years.
- Doors, windows, and railings must be cleaned periodically.
- A register must be maintained that logs all the cleaning activities performed.
Sec. 12 Waste and Affluents
All the waste and affluents generated in the factory must be removed from the factory with proper treatment.
Sec. 13 Temperature and Ventilation
The temperature of the working place must be maintained. Special care must be taken to not let the temperature increase where any work that uses or produces heat is performed. Fresh air must be circulated through adequate ventilation.
Sec. 14 Dust and Fumes
Proper steps must be taken to remove the dust and fumes from the working area. Gases or exhaust fumes generated by any equipment such as diesel generators should be routed and released outside the workplace.
Sec. 15 Artificial Humidity
In any place where humidity is increased artificially, proper instruments must be installed to record the humidity.
Sec 16 Overcrowding
A factory established before this act must have at least 9.1 sq ft of space per person, while new factories must have 14.2 sq ft. The maximum capacity of a room or enclosure must be posted outside the room and a log must be maintained.
Sec 17 Lighting
Proper lighting arrangements must be made to ensure that it does not cause glare in the eyes. The light source must be such that a shadow is not created in the work area.
Sec 18 Drinking water
Clean safe drinking water must be provided. Water must be kept away from any dirty place. No waste should be routed from the place where drinking water is kept. At least six meters away from latrines, urinals, and washing places. “Drinking water” must be written in bold and legible to all.
Sec 19 Latrines and Urinals
A separate place must be created for men and women. Height must be the floor and walls must be properly tiled. It must be cleaned every day.
Sec 20 Spittoons
Spittoons must be placed at several appropriate locations.
The following sections 21 to 41 deal with the safety provisions for factory workers.
State of Gujarat vs. Jethalal 1964 SC – (Sec 21 โ Fencing of machinery. ) That someone without the approval or knowledge of the occupier has removed a safety mechanism, is no defense.
Finch vs Telegraph Construction and Maintenance Co – (Sec 35 – Protection to eyes) – Only hanging of goggles is not enough but the workers must be informed of their whereabouts.
The following sections 42 to 50 deal with the welfare provisions for factory workers.
Sec 42 Washing Facilities
Sec 43 Facility for drying and storage of clothes
Sec 44 Facility for sitting
Sec 45 First Aid Appliances
Sec 46 Canteen
Bengal Water Proof Workers vs State of West Bengal 1970 – Held that the liability of a company is only to set up a canteen so that workers can take advantage of it. The terms and conditions of service of the staff of the canteen do not come under that liability.
Sec 47 Shelter, restrooms, and lunch rooms
Sec 48 Creche
Sec 49 Welfare Officer
Sec 50 Power to make rules to supplement this chapter: This includes requiring any factory or class of factories to involve workers’ representatives in the management of welfare activities for the workers. It also allows the state to exempt certain factories from welfare provisions, provided that alternative arrangements are made.
Health and Safety In Mines – Mines Act 1952
Sec. 19 – Drinking Water
Sec. 20 – Conservancy (Latrines and Urinals)
Sec. 21 – Medical Appliances
Notice, Prevention, and investigation of Accidents and Diseases.
Health and Welfare In Plantations – Plantations Labor Act 1951
Heath
Drinking water, conservancy, medical facilities, Annual leave with wages, sickness, and maternity benefits.
Welfare
Canteens for 150+ workers, creches, recreational, educational, and housing facilities.
Provisions for the welfare of Women
Given in Factory Act :
Sec. 19 – Toilets and Urinals,
Sec. 27 – Prohibition of employing women and children near cotton openers.
Sec. 48 – Creches
Sec. 66 – Further restrictions on the employment of women – no flex on working hrs, no change of shifts except after holiday.
Maternity Benefit Act 1961
Equal Remuneration Act 1976
Provisions for the welfare of Children and Young Persons
Adult – As per section 2 (a), a person who has completed his 18th year of age.
Adolescent – As per section 2 (b), a person who has completed his 15th year of age but not 18th.
Child – As per section 2 (c), a person who has not yet completed his 15th year of age.
Young Person – As per section 2(d) A person who is a child or an adolescent.
Regulations on employment of young persons (Sections 67 to 77):
Sec. 23 – (y) Employment of young persons on dangerous machines.
Sec. 67 – A child who has not completed his 14th yr of age is prohibited from working in a factory.
Sec. 68 – As per this section, a person who has completed the 14th yr of age or is an adolescent shall not be allowed to work in a factory unless he is certified by a surgeon. This certificate must be provided by a certifying surgeon as per section 69 and must be kept with the manager and the person should be given a token containing the reference of this certificate while working.
Sec. 69 – A certifying surgeon should examine the person and issue a certificate of fitness upon request by the young person or his parents. If the child has completed the 14th yr of age and has attained prescribed physical standards, he can be given the certificate of fitness to work as a child. If the child has completed the 15th yr of age and is fit for full days of work in the factory, he can be given the certificate to work as an adult.
Sec 70 says that even if a person has been given a certificate to work as an adult and who has not completed the age of 17 yrs, he can be allowed to work only between 6 AM to 7 PM.
Sec. 71 – This section prohibits a child from working for more than 4 and a half hours on any day and only between 6am to 10pm. Further that a child will not be allowed to work in a day if he has worked on the same day in another factory. No female child is allowed to work except between 8 AM and 7 PM.
Sec. 72 – Notice period of work for children.
Sec. 73 – Register of child workers.
Sec. 74 – No child shall be allowed to work except in the hours mentioned in the notice periods given in section 72 and 73.
Sec. 75 – Power to require a medical examination. An inspector has the power to serve a notice on the employer required that any person or young person shall be examined by a certifying surgeon.
Sec. 76 – This section empowers the state govt. to formulate rules for physical standards, procedures, and other conditions for giving fitness certificates.
Sec. 77 says that the regulations in this act are in addition to the Employment of Children Act 1938.
Provisions for Hazardous Processes in Factory Act (Section 41 A to 41 H)
Sec. 41 A Constitution of Site Appraisal Committee
Sec. 41 B Compulsory disclosure of information by occupier
Sec. 41 C Specific Responsibility of the occupier in relation to hazardous process
Sec. 41 D Power of central govt. to appoint Inquiry Committee
Sec. 41 E Emergency Standards
Sec. 41 F Permissible limits of exposure of chemical and toxic substances
Sec. 41 G Worker’s participation in Safety management
Sec. 41 H Right of workers to warn about imminent danger.
Keywords: Factory Act 1948, Factory Act 1948: Notes, Factory Act 1948 in India, Factory Act 1948, Concept of Factory Act 1948.
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