Bare Acts

The Factories Act, 1948

An Act to consolidate and amend the law regulating labour in factories.

कारखाना अधिनियम,1948

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Act Details

Act Number:

Act Year:

1948

Location:

Enactment Date:

9/23/1948

Enforcement Date:

01-04-1949

Ministry:

Ministry of Labour and Employment

Full List of Factories Act Sections

PRELIMINARY

Section 1 to Section 7

Section 1

Short title, extent and commencement.

Section 2

Interpretation.

Section 3

References to time of day.

Section 4

Power to declare different departments to be separate factories or two or more factories to be a single factory.

Section 5

Power to exempt during public emergency.

Section 6

Approval, licensing and registration of factories.

Section 7

Notice by occupier.

THE INSPECTING STAFF

Section 7A to Section 10

Section 7A

General duties of the occupier.

Section 7B

General duties of manufacturers, etc., as regards articles and substances for use in factories.

Section 8

Inspectors.

Section 9

Powers of Inspectors.

Section 10

Certifying surgeons.

HEALTH

Section 11 to Section 20

Section 11

Cleanliness.

Section 12

Disposal of wastes and effluents.

Section 13

Ventilation and temperature.

Section 14

Dust and fume.

Section 15

Artificial humidification.

Section 16

Overcrowding.

Section 17

Lighting.

Section 18

Drinking water.

Section 19

Latrines and urinals.

Section 20

Spittoons.

SAFETY

Section 21 to Section 41

Section 21

Fencing of machinery.

Section 22

Work on or near machinery in motion.

Section 23

Employment of young persons on dangerous machines.

Section 24

Striking gear and devices for cutting off power.

Section 25

Self-acting machines.

Section 26

Casing of new machinery.

Section 27

Prohibition of employment of women and children near cotton-openers.

Section 28

Hoists and lifts.

Section 29

Lifting machines, chains, ropes and lifting tackles.

Section 30

Revolving machinery.

Section 31

Pressure plant.

Section 32

Floors, stairs and means of access.

Section 33

Pits, sumps openings in floors, etc.

Section 34

Excessive weights.

Section 35

Protection of eyes.

Section 36

Precautions against dangerous fumes, gases, etc.

Section 36A

Precautions regarding the use of portable electric light.

Section 37

Explosive or inflammable dust, gas, etc.

Section 38

Precautions in case of fire.

Section 39

Power to require specifications of defective parts or tests of stability.

Section 40

Safety of buildings and machinery.

Section 40A

Maintenance of buildings.

Section 40B

Safety officers.

Section 41

Power to make rules to supplement this Chapter.

PROVISIONS RELATING TO HAZARDOUS PROCESSES

Section 41A to Section 41H

Section 41A

Constitution of Site Appraisal Committee.

Section 41B

Compulsory disclosure of information by the occupier.

Section 41C

Specific responsibility of the occupier in relation to hazardous processes.

Section 41D

Power of Central Government to appoint Inquiry Committee.

Section 41E

Emergency standards.

Section 41F

Permissible limits of exposure of chemical and toxic substances.

Section 41G

Workers? participation in safety management.

Section 41H

Right of workers to warn about imminent danger.

WELFARE

Section 42 to Section 50

Section 42

Washing facilities.

Section 43

Facilities for storing and drying clothing.

Section 44

Facilities for sitting.

Section 45

First-aid appliances.

Section 46

Canteens.

Section 47

Shelters, rest rooms and lunch rooms.

Section 48

Creches.

Section 49

Welfare officers.

Section 50

Power to make rules to supplement this Chapter.

WORKING HOURS OF ADULTS

Section 51 to Section 66

Section 51

Weekly hours.

Section 52

Weekly holidays.

Section 53

Compensatory holidays.

Section 54

Section 55

Section 56

Section 57

Section 58

Prohibition of overlapping shifts.

Section 59

Extra wages for overtime.

Section 60

Restriction on double employment.

Section 61

Notice of periods of work for adults.

Section 62

Section 63

Hours of work to correspond with notice under section 61 and register under section 62.

Section 64

Power to make exempting rules.

Section 65

Power to make exempting orders.

Section 66

Further restrictions on employment of women.

EMPLOYMENT OF YOUNG PERSONS

Section 67 to Section 77

Section 67

Prohibition of employment of young children.

Section 68

Non-adult workers to carry tokens.

Section 69

Certificates of fitness.

Section 70

Effect of certificate of fitness granted to adolescent.

Section 71

Working hours for children.

Section 72

Notice of periods of work for children.

Section 73

Section 74

Hours of work to correspond with notice under section 72 and register under section 73.

Section 75

Power to require medical examination.

Section 76

Power to make rules.

Section 77

Certain other provisions of law not barred.

ANNUAL LEAVE WITH WAGES

Section 78 to Section 84

Section 78

Application of Chapter.

Section 79

Annual leave with wages.

Section 80

Wages during leave period.

Section 81

Payment in advance in certain cases.

Section 82

Mode of recovery of unpaid wages.

Section 83

Power to make rules.

Section 84

Power to exempt factories.

SPECIAL PROVISIONS

Section 85 to Section 91A

Section 85

Power to apply the Act to certain premises.

Section 86

Power to exempt public institutions.

Section 87

Dangerous operations.

Section 87A

Power to prohibit employment on account of serious hazard.

Section 88

Notice of certain accidents.

Section 88A

Notice of certain dangerous occurrences.

Section 89

Notice of certain diseases.

Section 90

Power to direct enquiry into cases of accident or disease.

Section 91

Power to take samples.

Section 91A

Safety and occupational health surveys.

PENALTIES AND PROCEDURE

Section 92 to Section 106A

Section 92

General penalty for offences.

Section 93

Liability of owner of premises in certain circumstances.

Section 94

Enhanced penalty after previous conviction.

Section 95

Penalty for obstructing Inspector.

Section 96

Penalty for wrongfully disclosing results of analysis under section 91.

Section 96A

Penalty for contravention of the provisions of sections 41B, 41C and 41H.

Section 97

Offences by workers.

Section 98

Penalty for using false certificate of fitness.

Section 99

Penalty for permitting double employment of child.

Section 100

Repealed.

Section 101

Exemption of occupier or manager from liability in certain cases.

Section 102

Power of Court to make orders.

Section 103

Presumption as to employment.

Section 104

Onus as to age.

Section 104A

Onus of proving limits of what is practicable, etc.

Section 105

Cognizance of offences

Section 106

Limitation of prosecutions.

Section 106A

Jurisdiction of a court for entertaining proceedings, etc., for offence.

SUPPLEMENTAL

Section 107 to Section 120

Section 107

Section 108

Section 109

Section 110

Section 111

Obligations of workers.

Section 111A

Right of workers, etc.

Section 112

General power to make rules.

Section 113

Powers of Centre to give directions.

Section 114

No charge for facilities and conveniences.

Section 115

Publication of rules

Section 116

Application of Act to Government factories

Section 117

Protection to persons acting under this Act.

Section 118

Restrictions on disclosure of information.

Section 118A

Restriction on disclosure of information.

Section 119

Act to have effect notwithstanding anything contained in Act 37 of 1970.

Section 120

Repeal and savings.