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Factories Act

Factories Act

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:38 PM IST

A "factory" is, broadly speaking, a facility or building where humans employ machinery to make items under Industrial law. But generic concepts lose their meaning when something gets very essential and intricate. An economy or nation must include the production of things. Without a doubt, everything associated with manufacturing is significant if the output is significant. As a result, factories play a significant role in the economy. Due to its broad definition, extra measures are needed to ensure that all actions are conducted without hiccups.

This Story also Contains
  1. Evolution of factories and industries
  2. Factory Act of 1881
  3. Background of the Factories Act of 1881
  4. Important provisions of the Factories Act 1881
  5. The Factory Act of 1891:
  6. Factories Act, 1948
  7. Background of the Factories Act of 1948
  8. Clauses of the 1948 Factories Act
  9. Application period: 1948 Factories Act
  10. Factories Act, 1948; Objectives
  11. New Amendments of Factories Act
  12. Amendment of the Factories Act 1976
  13. Amendment of the Factories Act 1987
  14. The Factories Amendment Bill, 2014
  15. Case laws
  16. Conclusion
Factories Act
Factories Act

Evolution of factories and industries

  • There is almost a century of history behind the Factory Act. Over a hundred years following its inception in the UK, the process of modern industrialization was introduced to India. In Bombay, the initial cotton textile industry was established in 1854. By 1870, Bombay, Nagpur, Kanpur, and Madras had all witnessed the establishment of numerous factories.
  • In Bihar, the initial iron and steel production facilities were established in 1873. Rishra saw the development of jute spinning mills in 1855. In 1881, the Bengal region was home to 5,000 power looms in use. Throughout the 1870s, Bally's paper mills were constructed in the Hooghly area, and numerous tanning and leather businesses were established in Kanpur, leading to the expansion of manufacturing companies in India.
  • The early entry of women and children into the workforce, extended working periods, and dangerous and unclean working environments led to issues and emergencies in India. Consequently, laws were put in place to govern all factories and industries. The need for laws to protect workers, especially women and children, in terms of their work environments, was acknowledged as early as 1850, yet the British government took no action.
  • In 1878, Sasipad Bannerjee established the Bara Bazar organization to improve the welfare of workers in jute mills. Records show that strikes occurred at the Nagpur Empress Mill in 1877. Throughout the Industrial Revolution in England, which spanned from 1760 to 1820, there were significant changes in how goods were made. This era saw the beginning of the creation of many mechanical devices, such as the steam engine, which allowed for the use of strong machinery.

Factory Act of 1881

In 1875, a group was formed to examine the employment conditions of Indian workers in factories. The initial Factory Act received approval in 1881, spearheaded by Lord Ripon. The Factory Act is a crucial legislation in India. This legislation was derived from the framework of Great Britain's Factory Act of 1937. The Factory Act of 1881 granted power to municipal authorities to implement rules for the enforcement of the Act's stipulations concerning child labour, the protection of machinery, the duty to notify employees of accidents happening in the workplace, and various other aspects of work. The Council made changes to this Bill (1881) and approved it on July 1, 1881, after receiving permission from the Viceroy. The law was quickly incorporated into the Indian Factories Act of 1881. The Factory Act of 1881 enacted labour protection measures.

Background of the Factories Act of 1881

  • The Factory Act of 1881 may be traced back to the worker's movement in Europe, namely England. Sir Robert Peel initiated the first Factory Act, which was approved in 1802. However, the Act did not generate the intended results.
  • In 1805, weavers organised to petition the British Parliament to adopt a minimum wage act, rather than strike for greater wages. The Bill was heavily rejected in the House of Commons. In 1808, it sparked a significant industrial revolution in the manufacturing areas.
  • Workers in new industrial regions across Lancashire, Yorkshire, the East Midlands, and South Wales identified shared challenges that afflicted them all. After 1865, the workers' movement in England took on a distinct identity and philosophy. During the early and late 19th century in England, there was a distinct split in thought, which facilitated additional impact. In 1870, India's industrial boom paved the way for the rise of the working class movement.

Important provisions of the Factories Act 1881

The key provisions of the Factories Act 1881 are as follows:

  • Registration for a factory with 50 or more employees.

  • Local governments were required to disclose operations involving even 20 employees in a factory.

  • Employing minors under the age of nine was illegal.

  • Children aged 9 to 14 received seven hours of work.

  • Women were assigned eleven hours of labour each day, with a 1.5-hour break in between.

  • Every worker is entitled to a weekly break.

  • A bare minimum of 30 minutes of rest time is mandatory.

  • State governments have the power to enforce rules on cleanliness and comfort.

The Factory Act of 1891:

  • Another Factory Act was passed in 1891 to protect the rights of female workers.

  • The Act prohibited employers from forcing female workers to work more than 11 hours a day.

  • Working hours for children were lowered from 9 to 7 hours per day.

  • Children under the age of nine were not allowed to work in factories.

Factories Act, 1948

The Factories Act of 1948 was established to preserve workers' well-being in factories by regulating employment terms, working conditions, working environments, and other industry-specific welfare standards. In the case of Ravi Shankar Sharma v. State of Rajasthan (1993), the Supreme Court determined that the Factory Act is a social legislation designed to protect the health, safety, well-being, and various concerns of workers in factories. The Factories Act sets standards and safety measures for operating equipment, and it also gives proprietors guidelines to guarantee thorough adherence. The Factories Act came into being due to the exploitation and mistreatment of employees by their employers, who offered them low wages.

Background of the Factories Act of 1948

  • The Factory (Amendment) Act of 1948 had a greater impact on India's development. In the period between Interim Congress Regimes, a five-year strategy was created to enhance specific working conditions in India. This strategy drew inspiration from the Factory Act of 1934, the Great Britain Factory Act, and the latest International Labour Organization Convention in addressing issues related to safety, health, and welfare, working hours, industrial hygiene, medical check-ups for young workers, and the submission of plans for factory buildings.
  • In 1942, the government, employers, and employees made their initial effort to work together on matters related to labour. Consequently, following the Conference in 1942, a Plenary Tripartite Conference and a Permanent Labour Committee were established to counsel the government regarding labour matters.
  • This led to the creation of legal measures, such as the proposed legislation. The Industry legislation was launched on January 30, 1948, and ratified by the Constituent Assembly on August 28, 1948. Additionally, it received approval from India's Governor-General on September 23, 1948, and became effective on April 1, 1949.
  • The 1948 Factory Act is more detailed and all-encompassing than its predecessor, emphasizing health, safety, the well-being of factory employees, the regulation of working hours, the minimum age for employment, paid vacation, and additional matters. The sector is a steady and systematic process that supports trade.
  • A factory is a place where specific operations occur. The Factories Act of 1948 regulates the routine operations of a company. This includes not just Jammu and Kashmir but the entire nation of India.
  • The legislation was later updated in 1891, 1911, 1922, 1934, 1948, 1976, and 1987. The sole amendment to the Factories Act took place in 1948.

Clauses of the 1948 Factories Act

  • The Factories (Amendment) Act of 1976 expanded the scope of "factory" to encompass contract work when determining if a company falls under the ten or twenty-employee threshold.

  • The legislation increased the age at which children could be employed in companies from 12 to 14 while reducing their daily working hours from 5 to 4 and a half.

  • The legislation eliminated the difference between those that operate year-round and those that are only active during certain seasons.

  • The legislation encompasses provisions for registering and obtaining licenses for factories.

  • The state authorities need to make certain that every factory is officially registered and that its licenses are up-to-date and periodically renewed.

  • The legislation gives the power to state authorities to establish guidelines and laws mandating that management and labour unions must provide advantages to workers.

Application period: 1948 Factories Act

The Factories Act was passed in India on June 15, 1951, after the nationwide elections for the State Legislative Assemblies and Union Territories that constitute the Indian Union. The 1948 Factories Act underwent changes in 1951, 1960, 1961, and 1972. Furthermore, the Rules from 1951, 1960, and 1961 have also been updated. In 1965, the newly formed State Chief Secretaries put into action the Factories Act.

Factories Act, 1948; Objectives

The main objectives of the 1948 Act include:

Heath

The law states that every factory is required to be kept tidy, and all required safety measures should be implemented to safeguard the well-being of employees. The plant needs to have adequate water flow, illumination, air circulation, and climate regulation. Clean water sources are essential. Facilities for separate restrooms and urinals need to be set up in accessible locations for everyone.

Safety

The legislation requires that machinery is properly protected, prohibits young adults from operating hazardous equipment in confined spaces, and mandates the provision of appropriate access points for workers to evacuate during a crisis.

Welfare

The law mandates that adequate and appropriate cleaning amenities for employees be provided and kept in every factory. This includes areas for storage and drying, as well as seating areas, first-aid kits, protection areas, restrooms, and dining areas.

Working hours

The law states that no working adult can be employed for more than 48 hours each week at their job. They are entitled to weekly vacation days.

Penalties

The legislation also specifies specific regulations that are implemented through its provisions, along with documented guidelines that are violated. It is considered a criminal offence, with penalties ranging from one year in jail to a fine of one lakh rupees, or possibly both.

New Amendments of Factories Act

Amendment of the Factories Act 1954

When the Indian authorities consented to ILO conventions prohibiting the hiring of women and children in factories during nighttime hours. Parts 66, 70, and 71 of the Factories Act of 1948 underwent amendments to mirror this approval. The remaining provisions were revised simultaneously. Consequently, on December 25, 1954, the Factories (Amendment) Act of 1954 took effect, implementing the following significant modifications:

  • Revision to Subsection 4.

  • Subsection 29 underwent revision to precisely define the safety requirements for lifting machinery.

  • Updating Section VIII regarding salary leave to set a 240-day record of attendance and raise the limit on accumulated leave, among other measures.

  • Section 93 has been updated to make the responsibilities of the owner and the occupant clearer.

Amendment of the Factories Act 1976

Following the 1948 and 1954 amendments, industrial expansion continued, necessitating the appointment of safety officers to advise management on industrial safety and health issues. In response to multiple rulings regarding the definition of a worker, a tendency to exclude contract labour from that definition and instead require evidence of a master-servant relationship, and the need for changes to numerous other provisions, including the penal Section, the Factories (Amendment) Act 1976 was passed and went into effect on October 26, 1976.

  • The phrases "manufacturing process," "employee," "factory," and "occupier" were added to the definition. Contract employment was also included under the word "worker."

  • In 1976, this Amendment included extra parts concerning the employment of portable lighting (Section 36A), the role of safety authorities (Section 40B), alerting people to dangerous occurrences (Section 88A), and the conduct of safety and health assessments (Section 91A).

  • Section 40B required that companies with 1,000 or more employees must have safety officers, but a new Section 40A was created, giving the power to enforce the adoption of building upkeep plans.

Amendment of the Factories Act 1987

The Bhopal disaster forced nations to enact stronger laws about public health and safety as well as worker safety, raising awareness of safety issues on a global scale. Consequently, the federal government and the state governments made the necessary amendments to their respective statutes and regulations. On May 23, 1987, two fresh legislations were enacted: the Environment (Protection) Act of 1986 and the Factories (Amendment) Act of 1987. A new Chapter IV A on dangerous practices, a plethora of prohibitions, and severe penalties and jail terms for infractions were all added to these rules.

The Factories Amendment Bill, 2014

The Bill to Amend the Factories Act was introduced in the Lok Sabha on August 7, 2014. It seeks to alter the Factories Act of 1948. The Act strives to provide proper safety measures while also promoting the health and well-being of factory workers. As per the Statement of Objects and Reasons, the modifications suggested in the Bill stem from shifts in production methods and technologies, the approval of International Labour Organization (ILO) agreements, rulings from the judiciary, advice from different committees, and outcomes from the Chief Inspectors of Factories meetings.

The Act authorises the state government to create rules on any topic that:

  • Is covered by the Act or may be prescribed; or

  • Is suitable to carry out the Act's aims.

According to the Bill, the jurisdiction of the state government to create rules would be limited to subjects over which the central government lacks authority. The federal government may develop rules in conjunction with state governments to ensure uniformity in areas such as workplace safety, health, and other matters.

Case laws

Shankar Balaji Waje v. State of Maharashtra, (1961)

In this case, the appellant owned a firm that made bidis. The applicant and fellow workers in the production sector made bidis out of tobacco and time off given by the employer. The proprietor and the applicant were without any formal agreement or contract. He was not compelled to labour at the workplace during specified hours or days. He had complete freedom to enter and exit the facility. He has the right to request a day off whenever he wants, and with the owner's consent, he can also request a leave of 10 days. Even though he wasn't requested to make bidis at the location, he has permission to bring them home and make the ones he was given with the permission of the owner.

Judgement of the case; As per Section 2(l) of the Factories Act of 1948, the individual filing the complaint is not considered an employee.

Shri Suresh Kumar Jalan & Ors v. State of Bihar, (2011)

In this instance, the individuals filing the petition were the board members of Carbon Resources Private Limited. A factory inspector discovered numerous violations of the Factory Act at the facility. As a result, the inspector submitted a criminal complaint targeting the board members, who were the directors of the factory. According to Section 92 of the Factories Act, the Chief Judicial Magistrate held responsibility for the offence. The appellants submitted a request for a review to the Patna High Court, aiming to challenge the decision made by the Chief Judicial Magistrate.

Judgement of the case; The petitioner's lawyer showed proof that, according to Section 92 of the Factories Act, only the owners or those in charge of the factory can be responsible for violations. Nonetheless, as per the ruling by the Chief Judicial Magistrate, the factory's board members are exempt from punishment under Section 92 of the Factories Act. The decision made by the Chief Judicial Magistrate was reversed by the Patna High Court, as Section 92 of the law does not permit directors to be subject to fines. This situation showed that directors are not responsible for violations of Acts; it's only the management or the person using the property that is answerable.

Conclusion

In 1948, the Parliament of India passed the Factories Act, which is a significant piece of legislation designed to increase profits for India's industrial sector. The Factories Act, formally known as the Factories (Amendment) Act of 1951, has undergone four modifications since its inception to adapt to India's evolving industrial environment and business strategies. The Factories Act of 1948 represents one of India's labour regulations. The 1948 Factories Act repealed the Child Labour (Prohibition and Regulation) Act of 1956, which was only in effect for factories with 20 or more employees.

Frequently Asked Questions (FAQs)

1. To whom is the Factories Act applicable?

Every manufacturing establishment in India is governed by the Factories Act, however, this only applies to those that employ ten or more workers who hold authority, and to those with twenty or more workers who do not.

2. What is covered under the Factory Act?

The responsibility of the employer to ensure the well-being, health, and security of the employees is outlined in the Factory Act.

3. Which principles underpin the Factories Act?

Existing licences being updated or changed, distributing appropriate warnings, Submitting regular reports, and Maintaining several records.

4. Who is accountable for the bulk of violations according to the Factories Act?

Section 92: Overall Fine for Violations. This provision states that if any of the Act's regulations are violated, both the person living on the property and the factory's management will be equally responsible.

5. What was the first Factories Act?

In 1881, the initial Factories Act received approval. Subsequently, in 1885, a Factory Commission was created as a result of this Act.

6. How does the Factories Act address the issue of excessive noise?
The Act requires measures to reduce noise levels in areas where workers are exposed to high noise levels. This may include engineering controls, administrative controls, or providing personal protective equipment. The aim is to prevent noise-induced hearing loss and other health effects of excessive noise exposure.
7. How does the Factories Act regulate the use of artificial humidification?
The Act sets standards for artificial humidification in factories, including the purity of water used and the need to keep humidity levels within prescribed limits. It also requires regular cleaning and inspection of the humidification system to prevent the growth of bacteria or other harmful organisms.
8. What are the provisions for the employment of women during night shifts?
The Act generally prohibits the employment of women in night shifts (7 PM to 6 AM). However, state governments can allow such employment subject to certain conditions, including safety measures, transportation facilities, and consent of the women workers. This provision aims to balance women's employment opportunities with their safety concerns.
9. What are the provisions for fire safety under the Factories Act?
The Act mandates necessary fire escapes, firefighting equipment, and training of personnel in fire safety. It requires clear escape routes, fire alarms, and regular fire drills. These provisions aim to prevent fire accidents and ensure quick and safe evacuation in case of emergencies.
10. How does the Factories Act regulate the employment of contract labor?
While the Factories Act itself doesn't directly regulate contract labor, it ensures that safety and health provisions apply to all workers in the factory, including contract workers. The Contract Labour (Regulation and Abolition) Act, 1970, works in conjunction with the Factories Act to regulate the employment of contract labor in factories.
11. What are the provisions for crèches in factories under the Act?
Factories employing more than 30 women workers are required to provide and maintain a suitable room as a crèche for children under six years of age. This provision aims to support working mothers and ensure proper care for their young children during work hours.
12. How does the Factories Act regulate the disposal of wastes and effluents?
The Act requires factories to make effective arrangements for the treatment of wastes and effluents due to the manufacturing process. This includes proper disposal systems to render the effluents innocuous and to prevent environmental pollution. Compliance with this provision is crucial for environmental protection.
13. How does the Factories Act address the issue of hazardous processes?
The Act has specific provisions for factories involving hazardous processes. It requires additional safety measures, health surveillance, disclosure of information to workers about hazards, and special provisions for handling hazardous substances. The State Government can prohibit or restrict employment in such processes to ensure worker safety.
14. How does the Factories Act ensure proper working conditions in terms of temperature and humidity?
The Act requires factories to maintain a reasonable temperature that does not cause injury or discomfort to workers. It mandates proper ventilation and, where necessary, the installation of cooling systems. For high-humidity work areas, it requires measures to protect workers from heat stress.
15. How does the Factories Act address the issue of dust and fumes?
The Act requires effective measures to prevent inhalation and accumulation of dust and fumes in work rooms. This may include exhaust appliances, enclosing the process, or other effective means. The aim is to protect workers from respiratory hazards and maintain air quality in the workplace.
16. How does the Factories Act address the issue of occupational diseases?
The Act requires factory owners to notify authorities about certain occupational diseases. It mandates periodic medical examinations for workers engaged in hazardous processes. The Act also provides for compensation in case of occupational diseases, linking it with the Employees' State Insurance Act.
17. What are the provisions for annual leave with wages under the Factories Act?
Adult workers are entitled to one day of leave for every 20 days of work, while young workers get one day for every 15 days. The leave can be accumulated up to 30 days. This provision ensures that workers get adequate rest and maintains a work-life balance.
18. How does the Factories Act address the issue of ergonomics in the workplace?
While the Act doesn't explicitly use the term "ergonomics," it requires factories to ensure that workstations are designed to prevent bodily strain. This includes provisions for proper seating arrangements, adequate workspace, and measures to prevent repetitive strain injuries. The overall aim is to create a comfortable and efficient work environment.
19. What role do Inspectors play under the Factories Act?
Inspectors appointed under the Act have the power to enter factories, examine premises, plant, and machinery, and take samples for analysis. They can also investigate accidents, issue improvement notices, and initiate legal proceedings against violators. Their role is crucial in ensuring compliance with the Act's provisions.
20. How does the Factories Act regulate the employment of young persons?
The Act prohibits the employment of young persons (15-18 years) in certain hazardous processes and restricts their working hours. It also mandates a certificate of fitness from a certifying surgeon before employing a young person and requires periodic renewal of this certificate.
21. What are the provisions for overcrowding in factories under the Act?
The Act specifies that no room in a factory shall be overcrowded to an extent injurious to the health of workers. It prescribes a minimum of 14.2 cubic meters of space for every worker in a room. This provision ensures adequate workspace and prevents health hazards due to overcrowding.
22. What are the provisions for the safe operation of lifting machinery in factories?
The Act requires all lifting machinery, including cranes and hoists, to be of good construction and properly maintained. It mandates regular testing and examination by competent persons. The safe working load must be clearly marked, and no machine should be loaded beyond this limit. Operators must be properly trained and certified.
23. How does the Factories Act regulate the use of personal protective equipment (PPE)?
The Act mandates the provision and use of suitable personal protective equipment where necessary. This includes safety goggles, gloves, footwear, and respiratory protection. Employers are responsible for providing and maintaining PPE, while workers are required to use it properly. Training on the correct use of PPE is also mandated.
24. How does the Factories Act define a "factory"?
The Factories Act defines a "factory" as any premises where manufacturing processes are carried out with the aid of power, and where 10 or more workers are working or were working on any day of the preceding 12 months. This definition helps determine which establishments fall under the Act's purview.
25. What are the provisions for working hours under the Factories Act?
The Act stipulates that adult workers should not work for more than 48 hours in a week and 9 hours in a day. It also mandates at least one day of rest each week. Overtime work is allowed but must be paid at double the ordinary rate of wages.
26. What are the provisions for leave with wages under the Factories Act?
Workers are entitled to one day of leave with wages for every 20 days of work performed in the previous calendar year. For workers employed for less than 240 days, leave is calculated proportionately. The Act also provides for accumulation and encashment of leave, ensuring workers' right to paid time off.
27. How does the Factories Act address the issue of overtime work?
The Act allows for overtime work but sets strict limits. Workers cannot be required to work for more than 60 hours in a week or 12 hours in a day, including overtime. Overtime wages must be paid at twice the ordinary rate. This provision aims to prevent exploitation while allowing for flexibility in production needs.
28. What are the welfare provisions mandated by the Factories Act?
The Act requires factories to provide facilities such as washing areas, first aid boxes, canteens (in factories employing over 250 workers), rest rooms, and shelters. It also mandates the appointment of welfare officers in factories employing 500 or more workers. These provisions aim to improve the overall well-being of workers.
29. What are the provisions for first aid facilities in factories under the Act?
The Act requires every factory to maintain a first aid box or cupboard equipped with prescribed contents. In factories employing more than 500 workers, an ambulance room staffed with prescribed medical and nursing staff is mandatory. These provisions ensure immediate medical attention in case of accidents or emergencies.
30. What are the provisions for the safe use of electricity in factories?
The Act requires all electrical equipment to be properly installed, maintained, and used. It mandates proper insulation, earthing, and other safety measures to prevent electrical accidents. Only authorized persons are allowed to work on electrical installations. Regular inspection and testing of electrical systems are also required.
31. How does the Factories Act regulate the working conditions in factories involving radiation hazards?
The Act has special provisions for factories involving radiation hazards. It requires proper shielding, safe work procedures, and regular monitoring of radiation levels. Workers in such factories must undergo regular medical examinations, and their exposure to radiation must be kept within prescribed limits.
32. What are the provisions for the safe operation of power presses in factories?
The Act requires power presses to be equipped with suitable safety devices to prevent accidents. This includes fixed guards, interlocking guards, or automatic devices that prevent the operation of the press while any part of a worker's body is within the danger zone. Regular maintenance and inspection of these safety devices are mandatory.
33. How does the Factories Act regulate the use of dangerous substances in manufacturing processes?
The Act requires factories using dangerous substances to take all necessary precautions for the safety of workers. This includes proper storage, handling procedures, provision of protective equipment, and training of workers. It also mandates the preparation of on-site emergency plans and safety data sheets for such substances.
34. What is the primary purpose of the Factories Act?
The primary purpose of the Factories Act is to ensure the safety, health, and welfare of workers in factories. It sets standards for working conditions, hours of work, and safety measures to protect employees from exploitation and hazardous work environments.
35. What are the provisions for lighting and ventilation in factories under the Act?
The Act mandates sufficient and suitable lighting, natural or artificial, in every part of the factory where workers are working or passing. It also requires effective measures to provide and maintain adequate ventilation by circulation of fresh air. These provisions ensure a comfortable and safe working environment.
36. How does the Factories Act regulate the use of dangerous machinery?
The Act prohibits young persons and women from cleaning, lubricating, or adjusting dangerous parts of machinery while in motion. It also requires fencing of dangerous machinery and training for workers operating such machinery. These provisions aim to prevent accidents and ensure worker safety around hazardous equipment.
37. What are the provisions for the health and safety of workers engaged in lead processes?
The Act has special provisions for lead processes, including regular medical examinations, provision of protective equipment, and restrictions on food consumption in work areas. It also mandates proper washing facilities and separate changing rooms. These measures aim to prevent lead poisoning and other health hazards associated with lead exposure.
38. How does the Factories Act address the issue of eye protection?
The Act requires factories to provide suitable goggles or effective screens to protect the eyes of workers engaged in processes that involve risk of eye injury. This provision is particularly important in industries dealing with flying particles, hazardous liquids, or intense light.
39. What are the provisions for drinking water in factories under the Act?
The Act requires factories to provide sufficient supply of wholesome drinking water at suitable points conveniently situated for all workers. In factories employing more than 250 workers, cool drinking water must be provided during hot weather. This ensures workers' hydration and prevents heat-related illnesses.
40. How does the Factories Act ensure compliance and enforce its provisions?
The Act provides for the appointment of Inspectors who have the power to enter, inspect, and examine factories. They can take samples, conduct inquiries, and initiate legal proceedings against violators. The Act also prescribes penalties, including fines and imprisonment, for various offenses. This enforcement mechanism aims to ensure compliance with the Act's provisions an
41. What are the provisions for the safe storage and handling of chemicals in factories?
The Act requires proper labeling, safe storage, and handling procedures for hazardous chemicals. It mandates the provision of safety data sheets, proper containment measures, and emergency response plans. Workers handling chemicals must be provided with appropriate protective equipment and training.
42. What are the provisions for the safe handling of pressure plants in factories?
The Act requires all pressure plants, like steam boilers or pressure vessels, to be of good construction and properly maintained. It mandates regular examination and testing by competent persons. Safety valves and pressure gauges must be provided and kept in proper working condition to prevent explosions or other accidents.
43. How does the Factories Act address the issue of workers' right to information about hazards?
The Act requires factory management to inform workers about the hazards associated with their work, especially in factories involving hazardous processes. Workers must be provided with information about safety measures, emergency procedures, and the proper use of personal protective equipment.
44. How does the Factories Act regulate the working conditions in factories processing cotton?
The Act has specific provisions for cotton processing factories, including measures to control cotton dust, maintain proper humidity levels, and prevent byssinosis (a lung disease caused by cotton dust). It requires regular cleaning of machinery and work areas, and provision of protective equipment to workers.
45. What are the provisions for the employment of young persons in factories?
The Act prohibits the employment of children under 14 years and restricts the employment of adolescents (15-18 years) in certain processes. Young persons can only be employed after obtaining a certificate of fitness from a certifying surgeon and are prohibited from working during night shifts.
46. What are the key responsibilities of factory owners under the Factories Act?
Factory owners are responsible for maintaining cleanliness, proper ventilation, adequate lighting, safe drinking water, and sanitary facilities. They must also ensure machinery safety, fire prevention measures, and proper disposal of waste and effluents. Additionally, they are required to provide safety equipment and training to workers.
47. How does the Factories Act address the issue of child labor?
The Factories Act prohibits the employment of children below 14 years of age in any factory. It also restricts the employment of adolescents (15-18 years) in certain hazardous processes and during night shifts. This provision aims to protect young individuals from exploitation and ensure their safety.
48. How does the Factories Act ensure the health and safety of women workers?
The Act prohibits women from working near cotton-openers and in certain dangerous occupations. It also restricts their working hours between 6 am and 7 pm, with exceptions granted by the State Government. Additionally, it mandates separate sanitary facilities and creches in factories employing more than 30 women workers.
49. What is the significance of the "occupier" in the Factories Act?
The "occupier" is a key figure in the Factories Act, defined as the person who has ultimate control over the affairs of the factory. They are legally responsible for compliance with the Act's provisions and can be held liable for violations. Understanding this role is crucial for determining accountability in factory management.
50. How does the Factories Act address occupational health hazards?
The Act requires factories to take measures to prevent occupational diseases. This includes regular health check-ups for workers exposed to hazardous processes, maintaining health records, appointing safety officers in specified factories, and providing protective equipment. It also mandates the reporting of certain occupational diseases to authorities.
51. What are the provisions for the safe use of hoists and lifts in factories?
The Act requires that all hoists and lifts be of good mechanical construction, sound material, and adequate strength. It mandates regular testing and examination of hoists and lifts by competent persons. The maximum safe working load must be clearly marked, and no hoist or lift should be loaded beyond this limit.
52. How does the Factories Act address the issue of dangerous fumes and gases?
The Act prohibits work in any chamber, tank, vat, or confined space where dangerous fumes are likely to be present, unless effective measures are taken to prevent risk. It requires a trained person to supervise such work and mandates the use of suitable breathing apparatus and safety harnesses.
53. How does the Factories Act address the issue of workers' participation in safety management?
The Act encourages workers' participation in safety management through the formation of safety committees in factories employing 250 or more workers. These committees, comprising both workers and management representatives, play a crucial role in promoting safety awareness and recommending safety measures.
54. What are the provisions for the safe handling and storage of compressed gas cylinders in factories?
The Act requires proper storage, handling, and use of compressed gas cylinders. This includes secure storage areas, proper labeling, regular inspection of cylinders and valves, and safe transportation methods. Workers handling such cylinders must be properly trained in safety procedures.
55. What are the provisions for the prevention of industrial disasters under the Factories Act?
The Act requires factories, especially those involving hazardous processes, to prepare on-site emergency plans and conduct mock drills. It mandates the formation of disaster control teams and the installation of safety devices. Factory owners are also required to inform local authorities about the nature and extent of hazards in their factories.
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