Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
(1) This Act may be called the Factories Act, 1948. 1[(2) It extends to the whole of India 2[* * *]. (3) It shall came into force on the lst day of April, 194...
2 Interpretation
In this Act, unless there is anything repugnant in the subject or context,- (a) "adult" means a person who has completed his eighteenth year of age; (b) "adol...
3 References to time of day
In this Act references to time of day are references to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time: that for any area in wh...
4 Power to declare different departments to be separate factories or two or more factories to be a single factory
The State Government may, 4[on its own or] on an application made in this behalf by an occupier, direct, by an order in writing 4[and subject to such conditi...
5 Power to exempt during public emergency
In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories fro...
6 Approval, licensing and registration of factories
(1) The State Government may make rules- 22[(a) requiring, for the purposes of the Act, the submission of plans of any class or description of factories to the...
7 Notice by occupier
(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice contai...
Chapter II The Inspecting Staff
7A General duties of the occupier
(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. (2...
7B General duties of manufacturers, etc., as regards articles and substances for use in factories
(1) Every person who designs, manufactures, imports or supplies any article for use in any factory, shall- (a) ensure, so far as is reasonably practicable, th...
Chapter II The Inspecting Staff
8 Inspectors
(1) The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the p...
9 Powers of Inspectors
Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is appointed,- (a) enter, with such assistants, being persons ...
10 Certifying surgeons
(1) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for su...
Chapter III Health
11 Cleanliness
(1) Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular- (a) accumulation of dirt and r...
12 Disposal of wastes and effluents
33[(1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so...
13 Ventilation and temperature
(1) Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom (a) adequate ventilation by the circulation ...
14 Dust and fume
(1) In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and t...
15 Artificial humidification
(1) In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules,- (a) prescribing standards of ...
16 Overcrowding
(1) No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. (2) Without prejudice to the generality o...
17 Lighting
(1) In every part of a factory where workers are working or passing there shall be provided and maintained sufficient and suitable lighting, natural or artifi...
18 Drinking water
(1) In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a ...
19 Latrines and urinals
(1) In every factory- (a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at...
20 Spittoons
(1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condit...
Chapter IV Safety
21 Fencing of machinery
(1) In every factory the following, namely: (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or f...
22 Work on or near machinery in motion
(1) 42[Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result...
23 Employment of young persons on dangerous machines
(1) No young person 44[shall be required or allowed to work] at any machine to which this section applies, unless he has been fully instructed as to the dange...
24 Striking gear and devices for cutting off power
(1) In every factory- (a) suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to an...
25 Self-acting machines
No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any pe...
26 Casing of new machinery
(1) In all machinery driven by power and installed in any factory after the commencement of this Act,- (a) every set screw, bolt or key on any revolving shaft...
27 Prohibition of employment of women and children near cotton-openers
No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work: that if the feed-end of a cotton-opener i...
28 Hoists and lifts
(1) In every factory- (a) every hoist and lift shall be- (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained, a...
29 Lifting machines, chains, ropes and lifting tackles
(1) In any factory the following provisions shall be complied with in respect of every lifting machine (other than a hoist and lift) and every chain, rope an...
30 Revolving machinery
(1) 51[In every factory] in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indi...
31 Pressure plant
52[(1) If in any factory, any plant or machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken t...
32 Floors, stairs and means of access
In every factory- (a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained 54[and shall be kept free from o...
33 Pits, sumps, opening in floors, etc.
(1) In every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which by reason of its depth, situation, construction or conte...
34 Excessive weights
(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. (2) The State Government may make ...
35 Protection of eyes
In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves- (a) risk of injury to the eyes fro...
36 Precautions against dangerous fumes, gases, etc.
(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, va...
36A Precautions regarding the use of portable electric light
In any factory- (a) no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any c...
37 Explosive or inflammable dust, gas, etc.
(1) Where in any factory any manufacturing process produces dust, gas, fume or vapor of such character and to such extent as to be likely to explode to igniti...
38 Precautions in case of fire
(1) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and ...
39 Power to require specifications of defective parts or tests of stability
If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it...
40 Safety of building and machinery
(1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition tha...
40A Maintenance of buildings
If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrim...
40B Safety officers
(1) In every factor,- (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, the opinion of the State Government any manufacturing...
41 Power to make rules to supplement this Chapter
The State Government may make rules requiring the provision in any factory or in any class or description of factories of such further 62[devices and measures...
Chapter IV-A Provisions Relating To Hazardous Processes
41A Constitution of Site Appraisal Committees
(1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a h...
41B Compulsory disclosure of information by the occupier
(1) The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health ha...
41C Specific responsibility of the occupier in relation to hazardous processes
Every occupier of a factory involving any hazardous process shall- (a) maintain accurate and up-to-date health records or, as the case may be, medical records...
41D Power of Central Government to appoint Inquiry Committee
(1) The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an In...
41E Emergency standards
(1) Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous process...
41F Permissible limits of exposure of chemical and toxic substances
(1) The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any f...
41G Workers' participation in safety management
(1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee c...
41H Right of workers to warn about imminent danger
(1) Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to the...
Chapter V Welfare
42 Washing facilities
(1) In every factory,- (a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein; (b) separate and a...
43 Facilities for storing and drying clothing
The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for ke...
44 Facilities for sitting
(1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in standing position, in order that th...
45 First-aid appliances
(1) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards, equipped wit...
46 Canteens
(1) The State Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a can...
47 Shelters, rest rooms and lunch rooms
(1) In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunc...
48 Creches
(1) In every factory wherein more than 69[thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room or rooms for th...
49 Welfare officers
(1) In every factory wherein five hundred or more workers are ordinarily employed, the occupier shall employ in the factory such number of welfare officers as...
50 Power to make rules to supplement this Chapter
The State Government may make rules- (a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, a...
Chapter VI Working Hours Of Adults
51 Weekly hours
No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. ...
52 Weekly holidays
(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless (a) he ha...
53 Compensatory holidays
(1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the...
54 Daily hours
Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: 70[that, subje...
55 Intervals for rest
71[(1) 72[The periods of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work f...
56 Spreadover
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over...
57 Night shifts
Where a worker in a factory works on a shift which extends beyond midnight,- (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean ...
58 Prohibition of overlapping shifts
(1) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same ...
59 Extra wages for overtime
(1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime wor...
60 Restriction on double employment
No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circums...
61 Notice of periods of work for adults
(1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of period...
62 Register of adult workers
(1) The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any w...
63 Hours of work to correspond with notice under section 61 and register under section 62
No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in th...
64 Power to make exempting rules
(1) The State Government may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a f...
65 Power to make exempting orders
(1) Where the State Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the...
66 Further restrictions on employment of women
(1) The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely: (a) no ex...
Chapter VII Employment Of Young Persons
67 Prohibition of employment of young children
No child who has not completed his fourteenth year shall be required or allowed to work in any factory. ...
68 Non-adult workers to carry tokens
A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless- (a) a certificate of fitness gra...
69 Certificates of fitness
(1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory ...
70 Effect of certificate of fitness granted to adolescent
(1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who wh...
71 Working hours for children
(1) No child shall be employed or permitted to work in any factory (a) for more than four and a half hours in any day; 6[(b) during the night. For the purpose...
72 Notice of period of work for children
(1) There shall be displayed and correctly maintained in every factory in which children are employed, in accordance with the provisions of sub-section (2) of...
73 Register of child workers
(1) The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times duri...
74 Hours of work to correspond with notice under section 72 and register under section 73
No child shall be employed in any factory otherwise than in accordance with the notice of periods of work for children displayed in the factory and the entrie...
75 Power to require medical examination
Where an Inspector is of opinion- (a) that any person working in a factory without a certificate of fitness is a young person, or (b) that a young person worki...
76 Power to make rules
The State Government may make rules- (a) prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates...
77 Certain other provisions of law not barred
The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938 (26 of 1938). ...
Chapter VIII Annual Leave With Wages
78 Application of Chapter
(1) The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of...
79 Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, lea...
80 Wages during leave period
(1) For the leave allowed to him under 94[section 78 or section 79, as the case may be] a worker 95[shall be entitled to wages] at a rate equal to the daily a...
81 Payment in advance in certain cases
A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall before his leave begins...
82 Mode of recovery of unpaid wages
Any sum required to be paid by an employer, under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the payment o...
83 Power to make rules
The State Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the regis...
84 Power to exempt factories
Where the State Government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion are not less favorable t...
Chapter IX Special Provisions
85 Power to apply the Act to certain premises
(1) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherei...
86 Power to exempt public institutions Power to apply the Act to certain premises
The State Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried o...
87 Dangerous operations
Where the State Government is of opinion that any 99[manufacturing process or operation] carried on in a factory exposes any persons employed in it to a serio...
87A Power to prohibit employment on account of serious hazard
(1) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to t...
88 Notice of certain accidents
101[(1) Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from ...
88A Notice of certain dangerous occurrences
Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager o...
89 Notice of certain diseases
(1) Where any worker in a factory contracts any disease specified in 103[the Third Schedule], the manager of the factory shall send notice thereof to such aut...
90 Power to direct enquiry into cases of accident or disease Notice of certain diseases
(1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a fact...
91 Power to take samples
(1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the ...
91A Safety and occupational health surveys
(1) The Chief Inspector, or the Director-General of Factory Advice Service and Labor Institutes, or the Director-General of Health Services, to the Governmen...
Chapter X Penalties And Procedure
92 General penalty for offences
Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contraventi...
93 Liability of owner of premises in certain circumstances
(1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible ...
94 Enhanced penalty after previous conviction
113[(1)] If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same p...
95 Penalty for obstructing Inspector
Whoever willfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any...
96 Penalty for wrongfully disclosing results of analysis under section 91
Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any pe...
96A Penalty for contravention of the provisions of sections 41B, 41C and 41H
(1) Whoever fails to comply with or contravenes any of the provisions of sections 41B, 41C or 41H or the rules made thereunder, shall, in respect of such fai...
97 Offences by workers
(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provisions of this Act or any rules or orders made thereunde...
98 Penalty for using false certificate of fitness
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that...
99 Penalty for permitting double employment of child
If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having cus...
101 Exemption of occupier or manager from liability in certain cases
Where the occupier or manager of a factory is charged with an offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on ...
102 Power of Court to make orders
(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the Court may, in addition to awarding any punishment, by ...
103 Presumption as to employment
If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until ...
104 Onus as to age
(1) When any act or omission would, if a person were under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Co...
104A Onus of providing limits of what is practicable, etc.
In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or ...
105 Cognizance of offences
(1) No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector. (2) No Cou...
106 Limitation of prosecutions
No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleg...
106A Jurisdiction of a court for entertaining proceedings, etc., for offence
For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operati...
Chapter XI Supplemental
107 Appeals
(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, ...
108 Display of notices
(1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice containing suc...
109 Service of notice
The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories. ...
110 Returns
The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opini...
111 Obligations of workers
(1) No worker in a factory- (a) shall willfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of s...
111A Right of workers, etc.
Every worker shall have the right to- (i) obtain from the occupier, information relating to workers' health and safety at work, (ii) get trained within the fa...
112 General power to make rules
The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be con...
113 Powers of Centre to give direction
The Central Government may give directions to a State Government as to the carrying into execution of the provisions of this Act. ...
114 No charge for facilities and conveniences
Subject to the provisions of section 46, no fee or charge shall be realized from any worker in respect of any arrangements or facilities to be provided, or an...
115 Publication of rules
130[(1) All rules made under this Act shall be published in the Official Gazette, and shall be subject to the condition of previous publication; and the date ...
116 Application of Act to government factories
Unless otherwise provided this Act shall apply to factories belonging to the Central or any State Government. ...
117 Protection to persons acting under this Act
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act. ...
118 Restriction on disclosure of information
(1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this ...
118A Restriction on disclosure of information
(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act. (2) No Inspecto...
119 Act to have effect notwithstanding anything contained in Act 37 of 1970
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labor (Regulation and Abolition) Act, ...
120 Repeal and saving
The enactments set out in the Table appended to this section are hereby repealed: that anything done under the said enactments which could have been done unde...
Schedule I
[Section 2(cb)] Integrated Iron and Steel Ferro-alloys Special Steels. Primary Metallurgical Industries, namely zinc, lead, copper, manganese and aluminum Cast...
Schedule II
[Section 41F] S. No Substance Permissible limits of exposureTime-weighted average Concentration (8hrs)MShort-term exposure limit (15min)*  ppm mg/m3** ppm m...
Schedule III
1. Lead poisoning including poisoning by any preparation or compound of lead or their sequelae. 2. Lead-tetra-ethyl poisoning. 3. Phosphorus poisoning or its...
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